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HomeMy WebLinkAboutTT 13915 COOK STREET/INDUSTRIAL SUBDIVISION 1982 a S ' LAW OFFICES ZUNDEL & ZUNDEL A PROFESSIONAL LAW CORPORATION 73-745 EL PASEO SURE 12A PALM DESERT.CAUPORNIA 92260 J.SCOTT ZUNOEL TELEPHONE CRA1G E.ZUNDEL (819)58&0387 MAILING ADDRESS:P.O.SOX 2137.PALM DESERT,CA 92261.2137 May 3, 1983 Mr. Raymon Diaz Office of City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 RE: Anderson v. Marzicola, et al. , INDIO 33615 Dear Mr. Diaz : The above-referenced civil case is scheduled for trial on May 9 , 1983 , at 9 : 30 a.m. in Department "D" of the Riverside Superior Court located at 46-209 Oasis Street, Indio, California. You have been served with a subpena for your appearance at the trial for May 9 , 1983. If you are willing to appear in court on reasonable notice (at least one-half day' s notice) and indicate .your agreement by signing the enclosed copy of this letter and returning it to us immediately, you need not be present in court on Mav 9 , 1983 , but may wait until you are advised as to when and where your testimony will be given. You are subject to contempt for failure to honor such an agreement. You are still within the mandate of the subpena until finally released by the trial court. If you are unwilling to make such an agreement, you must appear in court on May 9 , 1983 and will be subject to further orders of the court at that time. We will attempt to avoid any excessive inconvenience, and your agreement in this regard will be appreciated. Sincerely, J. SCOTT ZUNDEL pawl (Signature) Home phone: Business phone: ' LAW OFFICES . ZUNDEL & ZUNDEL A PROFESSIONAL LAW CORPORATION 73-745 EL PASEO SUITE 12A • PALM DESERT,CALIFORNIA 82280 J.SCOTT ZUNDEL TELEPHONE CRAIG E.ZUNDEL _,._. (61 B)608-0387 MAILING AODRESS:P.O.BO%2137.PALM DESERT,CA 92161-2 t37 -" May 3 , 1983 Mr. Raymon Diaz Office of City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 RE: Anderson v. Marzicola , et al. , INDIO 33615 Dear Mr. Diaz : The above-referenced civil case is scheduled for trial on Mav 9 , 1983 , at 9 : 30 a.m. in Department "D" of. the Riverside Superior Court located at 46-209 Oasis Street, Indio, California. You have been served with a subpena for your appearance at the trial for Mav 9 , 1983 . If you are willing to appear in court on reasonable notice (at least_ one-half dav' s notice) and indicate ' your agreement by signing the enclosed copy of this letter and returning it to us immediately, you need not be present in court on Mav 9 , 1983 , but may wait until you are advised as to when and where your testimony will be given. You are suhject to contempt for failure to honor such an agreement. You are still within the mandate of the subpena until finally released by the trial court. If you are unwilling to make such an agreement, you must appear in court on May 9 , 1983 and will be subject t_d further orders of the court at that time. We will attempt to avoid anv excessive inconvenience, and your agreement in this regard will. be appreciated. Sincerely, J. SCOTT ZUNDEL pawl (Signature) Home phone : Business phone: • ATTORNEY OR PARTY WITHOUT ATTORNk ,AME AND ADDRESS): TELEPh__ENO.: FOR COURT USE ONLY i ZUNDEL & ZUNDEL 619/568-0387 A Professional Law Corporation 73-745 El Paseo Suitq 12A P. O. Box 2137 Palm Desert, California 92261-2137 ATTORNEY FOR(NAME): P,-..GEORGEA I LA Insert name of court,judicial district or branch court•it any,and post office and street address. SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE 46-209 Oasis Street, P. 0. Box 1748 Indio, CA 92201 INDIO BRANCH PLAINTIFF: CARL A. ANDERSON, et al. DEFENDANT: E. GEORGE MARZICOLA, et al. CIVIL SUBPENA IRCOURT QDEPOSITION JCASE UMBER: 33615 DUCES TECUM QOTHER (specify): THE PEOPLE OF THE STATE OF CALIFORNIA, TO (NAME): RAYMON DIAZ, Office of City of Palm Desert, California 1. YOU ARE ORDERED TO APPEAR AS A WITNESS In this action as follows unless you make a special agreement with the person named In Item 3: a. Date: May 3, 19 8 3 'Time: 9 : 3 0 a.m. Dept.: D Q Div.: Q Room: b. Address: 46-209 Oasis Street, Indio, California 2. and you are a. Q ordered to appear in person. b. Q not required to appear in person if you produce the records describe.: in the accompanying affidavit in compliance with Evidence Code sections 1560 and 1561. c. ordered to appear in person and to produce the records described in the accompanying affidavit. The personal attendance of the cystodian or other qualified witness and the production of the original records is required by this subpena. The procedure authorized pursuant to subdivision (b) of section 1560, and sections 1561 and 1562, of the Evidence Code will not be deemed sufficient compliance with this subpena. d. ordered to designate one or more persons to testify on your behalf as to the matters described in the accom- panying statement. (Code of Civil Procedure 2019(a)(6)) 3. IF YOU HAVE ANY QUESTIONS ABOUT WITNESS FEES OR THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANTTO BE CERTAIN THAT YOUR PRESENCE IS REQUIRED,CONTACT THE ATTORNEY REQUESTING THIS SUBPENA, NAMED ABOVE,OR THE FOLLOWING PERSON, BEFORE THE DATE ON WHICH YOU ARE TO APPEAR: a. Name: J. Scott Zundel b. Telephone number.. 568-0387 4. WITNESS FEES: You are entitled to receive witness fees and mileage actually traveled, one way, as provided by law, if you request them BEFORE your scheduled appearance. Request them from the person named in item 3. 5. If this subpena requires your attendance at proceedings out of court and you refuse to answer questions or pign as required by law, you must attend a court hearing at a time to be fixed by the person conducting such proceedings. 6. You are ordered to appear in this civil matter in your capacity as a peace officer or other person described in Government Code section 68097.1. Date: Clerk of the Court, by , Deputy DISOBEDIENCE OF THIS SUBPENA MAY BE PUNISHED AS CONTEMPT BY THIS COURT. YOU WILL ALSO BE LIABLE FOR THE SUM OF FIVE HUNDRED DOLLAR,$ AND ALL DAMAGES RESULTING FROM YOUR FAILURE TO OBEY. For Court Use Only Dated: .May. 3 , 1983 e ife Signature of er n issuing subpena) J. SCOTT ZUNDEL (Type or print name) Attorney for Defendant E. GEORGE (raie) MFIAZICOLA (See reverse for proof of service) Form Adopted by Rule 982 Judicial Council of California CIVIL SUBPENA _ Revised Effective July 1,1980 Slandwd Cour Form No.48 Nartie, Address and Telephone I :)f Attorney(s) Space Below f, se of Court Clerk Only ZUNDEL & ZUNDEL A Professional Law Corporation 73-745 E1 Paseo, Suite 12A P. O. Box 2137 Palm Desert, CA 92261-2137 Attorney(s) for Defendant E. GEORGE MARZICOLA SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE CARL A. ANDERSON, et al. INDIO 33615 ' P�aintiff(s) vs. CASE NUMBER E. GEORGE MARZICOLA, AFFIDAVIT/DECLARATION FOR SUBPENA et al. , Defendant(s) DUCES TECUM STATE OF CALIFORNIA, COUNTY OF RIVERSIDE The undersigned states: That he is the attorney of record for ❑Plaintiff $]Defendant in the above entitled action; that said cause has been duly set for X._Yrial ❑deposition ❑hearingon _ a.Date: May 3 , 1983 Time: 9s30 a.m. Dept: A ❑Div: ❑Room: b.Address: 46-209 Oasis Street, Indio, California That ——— RAYMON DIAZ , Office of City of Palm Desert ---- --------------------- -- Name has in his possession or under his control the following documents: (Designate and name the exact things to be produced) All records of City Council action regarding Georgetown Business Park, Tract 13915, between January 1, 1978 and the present. That the above documents are material to the proper presentation of his case, and that good cause exists for the production of the above described matters and things for the following reasons: Records are not otherwise available to defendant. WHEREFORE, 'request is made that Subpena Duces Tecum issue. Dated: ------------___—, 19-- Dated: — Mav 3 ------ r 19 83 at —_-- Palm_Dgserrt California — ------ ————— (Signature) I certify (or declare) under penalty of perjury that Subscribed and sworn to before me the foregoing is true and correct. --- — 19-- Notary Public in and for the County (Signature) J, S OTT ZUNDEL of Riverside, State of California NOTE: This form is designed for use either as an affidavit (2003 C.C.P.) or an unsworn statement (2015:5 C.C.P.). If an affidavit, affiant should sign where indicated at the left. If an unsworn statement, he should sign where indicated at the right. AFFIDAVIT/DECLARATION FOR SUBPENA DUCES TECUM . C.C.P. 1987.5 Fo,m 122 W9 5 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 July 16 , 1982 Frank R. Goodman & Affiliated Construction Company 77-900 Avenue of the States Palm Desert , California 92260 Subject : Request for Approval of an Amendment to TT 13915 to Delete a Condition Concerning the Installation of Median Islands on Cook Street . Gentlemen: At its adjourned meeting of July 15 , 1982 , the Palm Desert City Council denied the subject request by a minute motion. This was denied on a 4-1 vote, with Councilman McPherson abstaining. If you should have any questions regarding this matter, please do not hesitate to contact me . Sincerely, l SHEILA R. GILLIGAN CITY CLERK SRG/tm CC : Barry McClellan, Director of Public Works 1/Ramon Diaz , Director of Environmental Services MINUTES ADJOURNED CITY COUNCIL MEETING JULY 15, 1982 :, B. MINUTES of the Regular City Council Meeting of July 8, 1982. Rec: Approve as presented. C. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Demand Nos. 82-123 and 82-124. Rec: Approve as presented. D. RESOLUTION NO. 82-2510 OF THE CITY OF SOUTH EL MONTE OPPOSING THE STATE OF CALIFORNIA'S "REVERSE BAILOUT" BUDGET PROPOSALS. Rec: Receive and file. E. RESOLUTION NO. 82-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF FILES FROM THE DEPARTMENT OF BUILDING AND SAFETY THAT HAVE BEEN MICROFILMED. Rec: Waive further reading and adopt. F. REQUEST FOR PRORATED BUSINESS LICENSE REFUND By Betty J. Droysen. Rec: Approve the request and authorize the refund in the amount of $31.25. G. REQUEST FOR FINAL ACCEPTANCE OF WORK FOR CONTRACT 1; NO. 1038, MONTEREY AVENUE TRAFFIC SIGNALS. ' Rec: Accept the work as complete and authorize the City Clerk to file and record a Notice of Completion on Contract No. 1038. H. REQUEST FOR RELEASE OF LETTER OF CREDIT FOR TRACT NO. 13236, Cliff Swanson, Applicant. Rec: Accept the subdivision as complete and authorize the City Clerk to release the Letter of Credit for Maintenance and for Labor and Materials. Upon motion by Puluqi, second by Newbrander, the Consent Calendar was approved as presented by unanimous vote of the Council. VII. ORAL COMMUNICATIONS - A None VIII� PUBLIC HEARINGS A. CONSIDERATION OF A REQUEST FOR AN AMENDMENT TO TT 13915 TO DELETE THE REQUIREMENT FOR A MEDIAN ISLAND ON COOK STREET FOR PROPERTY IN AN S.I., S.P. (SERVICE INDUSTRIAL, SCENIC PRESERVATION OVERLAY) LOCATED AT THE SOUTHEAST CORNER OF HOVLEY LANE AND COOK STREET, FRANK GOODMAN & ASSOCIATES, APPLICANT. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. Diaz reviewed the report and stated that it was Staff's feeling that the requirement for the median island should be retained inasmuch as Cook Street is a designated scenic highway and will become a major -2 MINUTES �. ADJOURNED CITY COUNCIL MEETING JULY 159 1982 access point to the City when an interchange is constructed at I-10. Therefore, Staff recommended denial of the request. Mr. Diaz noted for the record that a letter had been received from a Mr. Larry J. Hunt asking that the request be denied. Mayor Wilson invited input from the applicant. Mr. Richard Oliphant, 77-900 Avenue of the States, addressed Council opposing the requirement for a median strip for safety maneuvering of large trucks, the narrowness of Cook Street, and the lack of funding for maintenance of the landscaping of the strip. He noted that what had been proposed was half of a median strip which would be the only piece on Cook Street until the Sunrise Company builds to the north. He noted the properties to the south did not have the median strip nor did they have the requirement. He felt that the stip was needed on south Cook Street in a high quality residential zone but that it would be a good transitional ingress to an industrial area to leave the strip out. He concluded by requesting Council's approval of their request. Mayor Wilson invited public input, and none was offered. Mr. Diaz advised that Resolution No. 78-172 read that median islands shall be installed at Cook Street and Hovley Lane. Staff would concur with the applicant that half a median was feasible and as an alternative to the condition, the condition could be modified to read that the applicant could bond or pay a cash deposit for the installation of the median strip at such time as the westerly portion of the road is widened. He advised that medians were not required to the south because it was developed in the County, and they did not make the requirement. Mayor Wilson stated he felt that Cook Street south of Fred Waring Drive with the median was very attractive, and he would like to see it continued northerly. Councilman Puluqi concurred. Councilman Snyder noted that Indian Wells required the median strip and that he agreed it did look attractive and should continue north of Highway 111. Mayor Wilson declared the Public Hearing closed. Councilman McPherson noted he would ABSTAIN from voting on this issue as he owned property in the vicinity and felt it would be a conflict of interest. Mr. Diaz noted that bonding for the tract was already in order and that unless the developer wished to make a cash payment, additional bonding was not necessary. Upon motion by Pulugi, second by Snyder, the request for deletion of the \median strip was denied by a 4-0-1 vote with Councilman McPherson ABSTAINING. \ t B. CONSIDERATION OF A REQUEST FOR THE VACATION OF A v PORTION OF RIGHT-OF-WAY IN TRACT 13915, FRANK GOODMAN do ASSOCIATES, APPLICANT. Mayor Wilson declared the Public Hearing open and asked for Staff's report. Mr. McClellan reported that the justification for the vacation is that the right-of-way is unnecessary for present or future use as a public street. He reviewed the remainder of the report. Mayor Wilson invited input from the applicant. Mr. Richard Oliphant spoke as the applicant and in support of the vacation. j MINUTES ADJOURNED CITY COUNCIL MEETING JULY 15, 1982 * � � a +� * s s • � a f r r • r s � +� # a r � r * + * • r * • • r Mayor Wilson invited input from the public, and none was offered. He declared the Public Hearing closed. Upon motion by Newbrander, second by Puluqi, Resolution No. 82-89 was adopted by unanimous vote of the Council. IX. RESOLUTIONS A. RESOLUTION NO. 82-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, PROVIDING FOR UTILIZATION OF FACSIMILE SIGNATURES FOR EXECUTION OF CHECKS AND WARRANTS. Mr. Bouman stated that the resolution was self-explanatory and would permit the use of a facimile signature stamp in emergency cases only. He noted the stamp would be under the control and in the custody of the City Clerk. Upon motion by McPherson, second by Mayor Wilson, Resolution No. 82-90 was adopted by unanimous vote of the Council. B. RESOLUTION NO. 82-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, RESCINDING RESOLUTION NOS. 77-71, 80-98, AND 81-90, AND ESTABLISHING AMENDED COMPENSATION FOR THE CITY ATTORNEY. Mr. Bouman stated this was a request of the City Attorney to raise his monthly retainer from $1,900 to $2,050. This represented a 7.9%. increase in line with the national CPI. There was no proposed increase in the hourly rate. rM Upon motion by Snyder, second by Puluqi, Resolution No. 82-91 was adopted by unanimous vote of the Council. C. RESOLUTION NO. 82-92 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DETERMINING THE AMOUNT OF PROPERTY TAX REVENUE TO BE EXCHANGED BETWEEN THE CITIES OF PALM DESERT AND 1NDIAN WELLS RELATING TO LAFCO CASE NO. 82-19-4. Mr. Bouman stated that, as reported in Study Session, this resolution had been prepared in accordance with requirements of LAFCo in order for the annexation to be valid. A copy had been submitted to the City of Indian Wells and just prior to Study Session, they delivered their response. He requested a continuance to allow Staff time to review the response. Mr. Richard Oliphant spoke as a Councilman of the City of Indian Wells and urging Council's adoption of the resolution. He noted that the property tax involved was minimum and that his Council would not be meeting again until September. Therefore, any change which would require their concurrence could not be approved until then which would hold up the developer. Mr. Charles Calendar spoke on behalf of Vintage Properties, applicant, and urged Council's adoption inasmuch as they would like to proceed with their development. Upon motion by McPherson, second by Newbrander, and unanimous vote of the Council, the item was continued to the meeting of July 22, 1982. X. ORDINANCES For Introduction: -4- CITY OF PALM DESERT TRANSMITTAL LETTER TO: Honorable Mayor and City Council REQUEST: Approval of an Amendment to TT 13915 to delete a Condition concerning the installation of median islands on Cook Street. APPLICANT: FRANK R. GOODMAN do AFFILIATED CONSI`R..CO. 77-900 Avenue of the States Palm Desert, CA 92260 CASE NO: TT 13915 (Amendment) DATE: July 15, 1982 CONTENTS: A. Staff Recommendation B. Discussion C. Letter of request dated March 16, 1982. D. Legal Notice E. Related maps and/or exhibits. ---------------------------------—-------------------------------------------------------------- A. STAFF RECOMMENDATION: Adopt minute motion denying the request. B. DISCUSSION• A 40 lot industrial subdivision was approved for the subject property in December, 1979. Two time extensions were granted and the map subsequently recorded. An amendment to delete certain alley easements at the rear of lots was approved by Council in February, 1982. At this time, the applicant wishes to delete part of Special Condition No. 3, which reads: 3. That 2!iU ra-'sl� adds shall be installed on Cook Street and ovley Lan and improved to the specifications of the Director of Public Wor s. In the applicant's letter of March 16, 1982, it states: 113. We request that the requirement for a median island on Cook Street in this industrial zone be deleted for many reasons, mainly safety for the maneuvering of large trucks and the narrowness of Cook Street at this point. Also, because of the nearness to the sewage plant and storm water channel, it is felt the maximum width of Cook Street should be utilized. Also, at this time the City does not have the means to maintain the landscaping." Staff feels that the requirement for the median island should be retained. Cook Street is a designated scenic highway and will become a major access point to the City when an interchange is constructed at I-10. The Design Review Board has already granted the applicant several revisions which result in there being less landscaped area along Cook Street and Hovley Lane. Any further reduction in landscaping in the area of the tract would not be in the best interest of the City. Therefore, staff recommends denial of this request. Ar ti J. �J NA:� N' 5Pank R. !good1man and Amos at¢.4 -L f qR. 1 Jg82 March 16, 1982 ENGIRD oE�pyuy, o£S F ES City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Attention: Mr. Ray Diaz Director of Planning REP: Tract 13915 Resolution 78-172 Special Condition: 2: A, B, and 3 Copy Enclosed Dear Mr. Diaz: We have completely redesigned the grading plan for the project by lowering the elevation on the north (Hovely Lane) and raising the elevation on the south property line there by achieving a more level north/south configuration of the individual lots, one as to the other. As a result, we believe our over all subdivision will be much more pleasant to the eye and definetly more acceptable to both the city and to potential purchaser and owner- builders. In order to acheive this new configuration we would ask for the co-operation of the City of Palm Desert in the following items: 2A: Because of development already com- pleted to the west the need for Blowsand/Windscreen is diminished. Therefore we request a 25' setback of ,) our next door neighbor and that we be allowed to present an alternative landscape plan that fits the natural p.� contours of the land with trees, oleanders, �cp17 and decorative landscaping including the \i use of boulders, scrubs, and ground cover with as little use of walls as is possible. EXECUTIVE OFFICES: 77.900 AVENUE OF THE STATES PALM DESERT, CALIFORNIA 92260 PHONE: (714 345-2626 1 Continued page 2 March 16, 1982 Mr. Diaz: b. We request that the 10' setback from the property line on Hovely Lane for the wall and decorative landscaping be reduced to 01 . There is already 12' be- tween the curb line and the property line which seems to be more than adequate to present a fine landscape plan and yv/ to reduce the excessive cost of land- scape maintenance on City property. We also request that the wall be pilastered rather than offset and that the requirement for plaster be deleted. 3. We request that the requirement for a median island on Cook'St, in this industrial zone be deleted for many reasons, mainly safety for the maneuver- ing of large trucks and the narrowness of Cook St. at that point. Also, be- cause of the nearness to the sewage plant and storm water channel it is felt the maximum width of Cook St. should be utilized. Also, at this time the City does not have the means to maintain the landscaping. Your co-operation on helping us to present a fine Industrial Park in our city will be appreciated. Respectfully Submitted, Fraxi)r� Goodman Enclosure: 1 FRG/bl EXECUTIVE OFFICES: 77.900 AVENUE OF THE STATES PALM DESERT, CALIFORNIA 92260 PHONE: (714) 345-2626 � I RESOLUTION' NO. 78_172 Page Th_ed Special Conditions : 1. That individual access to lots from Cook Street and Iiovely Lanl shall be prohibited and such restriction shall be noted in the final map. . 2 . That perimeter treatment in accordance with the following guid lines shall be reviewed in the Design Review process for detail approval and installed as a part of this tract : a. Cook Street - Blowsand/windscreen protection consisting of Tamarisk trees, oleanders, and a wall (30' setback area), wi:h decorative landscaping carried into the parkway. Hovely Lane - Installation of a minimum 5 ' to 7 ' wall , in- stalled ten feet back from property line with decorative landscaping installed between the wall and curb line. 3. That median islands shall be installed on Cook Street and Hovel Lane and improved to the specifications of the Director of Publ. Works. 4. That the alley easement illustrated to the rear corner of pro. lots 15 and 20 of the Tentative 00 Tract Map shall be lengthened t 100 ft . along the common property line between proposed lots 15 and 20. .I June 25, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 13915 AMENDMENT #1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by FRANK GOODMAN & ASSOCIATES for an amendment to TT 13915 to delete the requirement for a median island on Cook Street for property in an S.I., S.P. (Service Industrial, Scenic Preservation Overlay) located at the southeast corner of Hovley Lane and Cook Street more particularly described as: A.P.N. 619-083 and 084 VE^DO-, VIATA MAYA� 1 RIO VIA -J i 41 VIA LEOJ i G 6 \ 11 ♦ \ ♦ TT 139j5 � .�s r • \\ y O 7 • \`Fq • 19 • 3 : _1 r 1 LIE.+ j I I I I COUNTY OF RIVERSIDE — • veur_ war • IONI DRIVE • T-H- 41111 —; PUNTY OF RIVERSIDE o • SAID public hearing will be held on July 8,,1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission /pa _ � Nit lu lJ July 8, 1982 City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Case No.TT 13915 Amendment ail Dear Sir: We live at 75285 Pino Drive, Palm Desert, within the Vista Del Montanas development. There is a median safety island on most of the improved part of Cook Street. We feel that it would be wrong to delete these safety medians from the new development on Cook Street. They are installed for safety as well as improving the looks of the streets. We would hope that this new development on Hovely Lane, which separates the service area from residential, will be properly walled, screened and that it will maintain the same uniform type of buildings consistent to the current architecture. Yours t y, Larry un t' RIVERSIDE 0DLIIM PLANNING DEPARTT= PROPEP.TS.' 0WERS CERTIFICATION certify that on (print name) r - /Q the attached property owners list was pre- `. Wonth, clay, year) r 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 300 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 KK located at 3625 14th Street and is subject to current change- of owners f 6 address. I further certify that the information filed is true and correct to the best of my knowledge. I understand that incorrect or erronous k information nay be grounds for rejection or denial of my, application. NAME First American Title Insurance Company ADDRESS 3625 14th Street Riverside, Calif. 92502 . PHONE (714) 787-1730 SIMA7URE non (ai/ll'lllr DATE CERTIFICATE SUBMITTED BY APPLICANT: PIQ Roy Gerber Wilbert Baumann Jeffrey Clifion 6566 Woodburn Ln. 108 Orange St . Ste 7 25680 Tierra Grande Yorba Linda, CA 92686 Redlands, CA 92373 Carmel, CA 92923 Bob Babajian Anthony F . Garden La Mar Enterprises Inc . 2101 Loma Verde 20140 Romar St. C/O F . Koch Fullerton, CA 92633 Chatsworth, CA 91311 2061 3rd St Unit F Riverside, CA 92507 ' Joan Marriam Robert Meleg Phyllis Davenport 75230 Vista Corona 41075 Largo 8952 Tampa Ave . Palm Desert, CA 92260 Palm Desert, CA 92260 Northridge, CA 91327 Lois Mall John William Hart George Ledger 41056 Largo 41035 Largo 442 S Royer Palm Desert , CA 92260 Palm Desert, CA 92260 Fullerton, CA 92633 Jack E . Nelson Stanley Pawlowski Harry Ewing 4136 Faria Rd. 1458 W James Way 41825 Largo Ventura, Ca 93001 Anaheim, CA 92801 Palm Desert, CA 92260 Everett Campbell Betty Lechman Thomas Morgan 6338 Vista Del Mar P.O. Box 632 8913 Greenwood Ave Playa Del Ray, CA 90291 Placentia, CA 92670 San Grabriel, CA 91775 Robert Osterhoudt James A. Cuba Jack J. Lazar 41785 Largo 327 Wrightwood Ave. 41765 Largo Palm Desert, CA 92260 Orange, CA 92669 Palm Desert, CA 92260 Arlie Ellison Michael Schwartz James Toll 243 Via San Andreas 108 Orange St Ste 7 321 S Bedford San Clemente, CA 92673 Redlands, CA 92373 Beverly Hills, CA 90212 Frances I . Beshears Larry Hunt Lake Properties 555 S Anaheim Blvd . 608 Vista Ln C/O Cook St . Industrial Anaheim, CA 92805 Laguna Beach, CA 92651 Park P. 0 . Box 669 Palm Desert, CA 92261 Cook Street Business Park C/O Samuel Russell P.O. Box 2056 Palm Desert, CA 92260 Y } University Plaza Inc , eharles S . Gibbs Palmer Broadcasting Co . C/O Floyd M. Lewis 70673 Oroville Cir C/O Coachella Valley TV 333 S . Hope St. 27Lh F1, Rancho Mirage, CA 92270 ATTN: JW Benes Los Angeles, CA 90071 P,O . Box 368 Palm Desert, CA 92260 George E . Marzicola Spartan Oils LTD. Bay Financial Corp. 73743 Hwy 111 3784 Southridge Ave . P.O. Box 2309 Palm Desert, CA 92260 W Vancouver BC Canada V7V3 ( Seal Beach, CA 90740 1 Jules Antonville Gentry Construction Co . Covington Kavanaugh 1830 Kelton 8514 Commerce Ave 2309 N Old Grand West Los Angeles , CA 90025 San Diego, CA 92121 Santa Ana, CA 92706 Carl Karcher Walter Sterling Ann Babajian 700 N Clementine St. 2029 Wellington Ave. 41885 Largo Anaheim, CA 92805 Santa Ana, CA 92701 Palm Desert, CA 92260 Bob Babajian Nichols Edward James Falconer 9951 Richeon 9 Crosscreek 41845 Largo Downey, CA 90240 Irvine, CA 92714 Palm Desert, CA 92260 Robert Ogel Erwin Sullivan Hutch Hutchinson 41920 Largo 41930 Largo 578 Pierpoint Palm Desert, CA 92260 Palm Desert, CA 92260 Costa Mesa, CA 92626 Edward Paquette Epic Insti Investor Model Theophile Karam P.O . Box 4238 Homes C/O Equity Programs 75230 Valencia Canyon Lake, CA 92380 5203 Leesburg Pike #1300 Palm Desert, CA 92260 Falls Church, VA 2204 Ronald Blackie Dorris Kruicik Truman Reynolds 1044 Ave . D 75210 Valencia 16014 E Hornell St Redondo Beach, CA 90277 Palm Desert, CA 92260 Whittier, CA 90603 Elwood Kaplan Richard Hoffman Sam Jiron 7745 Appaloosa Tr C/O John Pikulin C/O Donald Brundage Orange , CA 92669 16773 Olive St 2641 S Mayflower Fountain Valley, CA 92708 Arcadia, CA 91006 Joseph Karam James Sterling Daniel F . Derieg 75210 Via Manzano 2148 Loma Dr . 10092 Birchwood Dr . Palm Desert , CA 92260 Hermosa Beach, CA 90254 Huntington Beach, CA 92646 II • . University Plaza Inc . Charles S . Gibbs Palmer Broadcasting Co . C/O Floyd M. Lewis 70673 Oroville Cir C/O Coachella Valley TV 333 S . Hope St. 27Lh F1, Rancho Mirage, CA 92270 ATTN: JW Benes Los Angeles, CA 90071 P,O , Box 368 Palm Desert, CA 92260 George E . Marzicola Spartan Oils LTD. Bay Financial Corp. 73743 Hwy 111 3784 Southridge Ave . P.O. Box 2309 Palm Desert, CA 92260 W Vancouver BC Canada V7V3 lSeal Beach, CA 90740 --J-- Jules Antonville Gentry Construction Co , Covington Kavanaugh 1830 Kelton 8514 Commerce Ave 2309 N Old Grand West Los Angeles , CA 90025 San Diego, CA 92121 Santa Ana, CA 92706 Carl Karcher Walter Sterling Ann Babajian 700 N Clementine St. 2029 Wellington Ave. 41885 Largo Anaheim, CA 92805 Santa Ana, CA 92701 Palm Desert, CA 92260 Bob Babajian Nichols'Edward James Falconer 9951 Richeon 9 Crosscreek 41845 Largo Downey, CA 90240 Irvine, CA 92714 Palm Desert, CA 92260 Robert Ogel Erwin Sullivan Hutch Hutchinson 41920 Largo 41930 Largo 578 Pierpoint Palm Desert, CA 92260 Palm Desert, CA 92260 Costa Mesa , CA 92626 Edward Paquette Epic Insti Investor Model Theophile Karam P .O . Box 4238 Homes C/O Equity Programs 75230 Valencia Canyon Lake, CA 92380 5203 Leesburg Pike #1300 Palm Desert, CA 92260 Falls Church, VA 2204 Ronald Blackie Dorris Kruicik Truman Reynolds 11044 Ave . D 75210 Valencia 16014 E Hornell St ( Redondo Beach, CA 90277 Palm Desert, CA 92260 Whittier, CA 90603 f Elwood Kaplan Richard Hoffman Sam Jiron 7745 Appaloosa Tr C/o John Pikulin C/o Donald Brundage Orange, CA 92669 16773 Olive St 2641 S Mayflower Fountain Valley, CA 92708 Arcadia, CA 91006 Joseph Karam James Sterling Daniel F . Derieg 75210 Via Manzano 2148 Loma Dr . 10092 Birchwood Dr. Palm Desert , CA 92260 Hermosa Beach, CA 902'54 Huntington Beach, CA 92646 F Roy Gerber Wilbert Baumann Jeffrey Clifion 6566 Woodburn Ln. 108 Orange St. Ste 7 25680 Tierra Grande Yorba Linda, CA 92686 Redlands, CA 92373 Carmel, CA 92923 Bob Babajian Anthony F . Garden La Mar Enterprises Inc . 2101 Loma Verde 20140 Romar St. C/O F . Koch Fullerton, CA 92633 Chatsworth, CA 91311 2061 3rd St Unit F Riverside, CA 92507 'Joan Marriam Robert Meleg Phyllis Davenport 75230 Vista Corona 41075 Largo 8952 Tampa Ave . Palm Desert, CA 92260 Palm Desert, CA 92260 Northridge, CA 91327 Lois Mall John William Hart George Ledger 11056 Largo 41035 Largo 442 S Royer Palm Desert, CA 92260 Palm Desert, CA 92260 Fullerton, CA 92633 Tack E. Nelson Stanley Pawlowski Harry Ewing 1136 Faria Rd. 1458 W James Way 41825 Largo 7entura, Ca 93001 Anaheim, CA 92801 Palm Desert, CA 92260 3verett Campbell Betty Lechman Thomas Morgan 5338 Vista Del Mar P.O. Box 632 8913 Greenwood Ave ?laya Del Ray, CA 90291 Placentia, CA 92670 San Grabriel, CA 91775 tobert Osterhoudt James A. Cuba Jack J. Lazar 11785 Largo 327 Wrightwood Ave . 41765 Largo ?alm Desert, CA 92260 Orange, CA 92669 Palm Desert, CA 92260 l�rlie Ellison Michael Schwartz James Toll t43 Via San Andreas 108 Orange St Ste 7 321 S Bedford ran Clemente, CA 92673 Redlands, CA 92373 Beverly Hills, CA 90212 'rances I . Beshears Larry Hunt Lake Properties i55 S Anaheim Blvd . 608 Vista Ln C/O Cook St . Industrial Anaheim, CA 92805 Laguna Beach, CA 92651 Park P. 0 . Box 669 Palm Desert , CA 92261 ook Street Business Park /O Samuel Russell .0 . Box 2056 alm Desert, CA 92260 I June 25, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 13915 AMENDMENT #1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by FRANK GOODMAN & ASSOCIATES for an amendment to TT 13915 to delete the requirement for a median island on Cook Street for property in an S.I., S.P. (Service Industrial, Scenic Preservation Overlay) located at the southeast corner of Hovley Lane and Cook Street more particularly described as: A.P.N. 619-083 and 084 VEN`ADO_ VLkTA NAYA I I VIA �,IMAj 1 VIAiEO; i s Y L \ \ 1 I • /O /N TT 139I5 COUNTY OF RIVERSIDE V EIIC WAY • 1 1 • i. 1 • IONI DRIVE III • " =j TI • 1—_ COUNTY RIVERSIDE r SAID public hearing will be held on July 8, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission /pa —QFLI NGS % R2 'yls�El zip _ _ t_ ^�L - 45475 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 RpTURpe �- TO O TELEPHONE (714) 346-0611 SENDER 3�_S5 ,gNUA1 ED � � �4 � Theophile Karam ��., 1 ; �c�1, 1•./1� 75230 Valencia 1982 2 Palm Desert, CA 92260 MJ ENVIRONMENTAL SERVICES CITY OF PALM DESERT 7 June 25, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 13915 AMENDMENT #1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by FRANK GOODMAN do ASSOCIATES for an amendment to TT 13915 to delete the requirement for a median island on Cook Street for property in an S.I., S.P. (Service Industrial, Scenic Preservation Overlay) located at the southeast corner of Hovley Lane and Cook Street more particularly described as: A.P.N. 619-083 and 084 w ! _ VENADO-, VIaTA HAY J 1 ( • 4 LOBO RIO I VIA}`MAJI I _ I rrs '\N VIA LEON' I tL% \ 1 J1 u �,. 4Y .. . I I • `:5 �) /,tip Vim.` I I • ` AP ` Li9w �� Ro j � • TT 13915 �`` /�\9 icy\. • P I a:E.I ,r.r..au ar�r s• war, _ _. A COUNTY OF RIVERSIDE �I • ELII WAY ____.-- _ • I_ • Ll. IONI DRIVE I i ! COUNTY OF RIVERSIDE - p 9 SAID public hearing will be held on July 8, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission /pa A��e*; JUN26'Q .y'% 45.275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 "�4 /' - L ~ a veN919nL TELEPHONE (714) 346-0611 / LL U > '] V\ 4 J M n LL ` 92313- 1 Michael Sc artz � 3��Y t.. s 108 OraraSt Ste 7 7- gr4s, CA 92373 w June 25, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 13915 AMENDMENT #1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by FRANK GOODMAN & ASSOCIATES for an amendment to TT 13915 to delete the requirement for a median island on Cook Street for property in an S.I., S.P. (Service Industrial, Scenic Preservation Overlay) located at the southeast corner of Hovley Lane and Cook Street more particularly described as: A.P.N. 619-083 and 084 I w ' EN - I • VENADO ` VITA MAYA� 1 I ----_---_! ' ,/i HOBO RIO I VIA LIMA-N. I N E VIA LEON� 1 0 1 \� l0 1i • 139�5 � � ` ,sy, • TT . ) . (yam`. • ' <V e _ _Au _11LI PT �I v , • COUNTY OF RIVERSIDE -- - • VELIt WAY • L.. L J -ION] DRIVE • I a�I • -1-I�-�- COUNTY OF RIVERSIDE i v SAID public hearing will be held on July 8, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission /pa �NGS � . F M • 9 DES!• '-';.�41 A Y"S' J.: L.. a I n 45-275PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 v` r,n�.`r` TELEPHONE (714) 346-0611 ADDRESS 1982 '``T FORWARDAB1-f 110 �LNVIRONMFWAL SERVICE$�R�•'�_ -_,,CSdOtiI CITY OF PALM DESCP-f Joan Marriam c '` ;'_J= 75230 Vista Corona Palm Desert, CA 92260 i June 25, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 13915 AMENDMENT #1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by FRANK GOODMAN & ASSOCIATES for an ' amendment to TT 13915 to delete the requirement for a median island on Cook Street for property in an S.I., S.P. (Service Industrial, Scenic Preservation Overlay) located at the southeast corner of Hovley Lane and Cook Street more particularly described as: A.P.N. 619-083 and 084 %/ j VENADO_ VIA A HAYA40, 1 1 I / /W\!'Ci, RIO -� VIA !IMAI I ill ll V P/��' `�` VIA LEOJ I C f•,� \ II ♦ ♦ l/9�y \ NO r • TT ►3915 •tis , J • \. i ff • \ � � sty\ • Iv • _ �u _1:E`t PT rl • fi COUNTY OF RIVERSIDE • -- — — • vein_ war • ' i • 1 i _L - - JONI DRIVE I i , -- I��- — [L— COUNTY�OF1RIVERSIDE r SAID public hearing will be held on July 8, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission /pa A D a- 0 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-0611 110C, 6,1. 26'�H4�;Hll 06/30"1132 IN!cl,r I v 1:-"r 2(.1 F 1 1: ('s (.11.1)DRESC31:71) LJINP1Bl E.. TO FORWARD La Mar Enterprises Inc . ' F. Koch rd St Unit F CA 92507 1982 cr '��JPr ide, JUL. 'A Ll FNVIRCINMLWAL SERVICES CITY OF PALM DESERT a _ . . 20 ------- -_ 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 r N ^N G CTI � 1 f Wilbert aumann 108 Orange St . St 7 I— — rr w Red]Ands, CA 923�3 June 25, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 13915 AMENDMENT #1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by FRANK GOODMAN & ASSOCIATES for an amendment to TT 13915 to delete the requirement for a median island on Cook Street for property in an S.I., S.P. (Service Industrial, Scenic Preservation Overlay) located at the southeast corner of Hovley Lane and Cook Street more particularly described as: A.P.N. 619-083 and 084 ,4 1 _ _ 1 • VENADO_\ vIkTA NAY I a Q li I /4♦tyci� \♦\� i-�080 RIO VIA}1MAJ1 -- o i� o /��, ♦\` VIA IEON. I G l ♦ C'9°o♦\vim' ♦/\Cy `� 9 I • ♦♦ 'YV \♦�zbs i • TT 13915 .� N, . + ♦ ly • ♦ 1 r1r 4:E,I ,ear�u.�wrof• �. _, p.� COUNTY OF RIVERSIDE • V ' WAY — � • Y LJ. _ IONI DRIVE il • COUNTY OF RIVERSIDE O _LI L • r SAID public hearing will be held on July 8, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission /pa s CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF AN AMENDMENT TO TRACT 13915 TO ABANDON CERTAIN ALLEY EASEMENTS IN AN S.I., S.P. ZONE (SERVICE INDUSTRIAL, SCENIC PRESERVATION OVERLAY) LOCATED AT THE SOUTHEAST CORNER OF COOK STREET AND HOVLEY LANE. CASE NO: TRACT 13915 AMENDMENT#] NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to Consider a request by FRANK R. GOODMAN and the AFFILIATED CONSTRUCTION COMPANY for approval of an amendment to Tract 13915 to abandon certain alley easements in an S.I., S.P. Zone (Service Industrial, Scenic Preservation Overlay) located at the southeast corner of Cook Street and Hovley Lane, more particularly described as: APN: 619-060-016-3 �..ner a oe ve Y-J II N I KEY MAP TT7I;: ea' Q 13913 -- f I ee - rwe- -~I I n le Mnnl � SAID Public Hearing will be held on February 25, 1982, at 7:00 p.m. in the Council Chambers in the Palm Desert -City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post February 11, 1982 INTEROFFICE MEMORANDUM � � } City of Palm Desert TO: Director of Environmental Services ��`�oNoE P� ��SERS G� FROM: Director of Public Works SUBJECT: TT 13915 (AMENDMENT #1 ) DATE: February 10, 1982 This department has no comments as this is a recorded map and bonds are posted assuring completion of previously required improvements. BARR CLELLAN, P.E. DIR OR OF PUBLIC WORKS BDM/ms 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 4- �� �L wor-ks Se o� REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NO: TT 13915 (AMENDMENT #0 PROJECT: NONE APPLICANT: FRANK R. GOODMAN AND THE AFFILIATED CONSTRUCTION COMPANY. Enclosed please find materials describing a project for which the following is being requested: Approval of an amendment to Tract 13915 to abandon certain alley easements (between lots 28 thru 40 and lots 12 thru 20) in an S.I., S.P. Zone (Service Industrial, Scenic Preservation Overlay) located at the southeast corner of Cook Street and Hovley Lane. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval. The City is interested in the probable impacts on the natural environment (e.g. water and air pollution) and on public resources (e.g. demand for schools, hospitals, parks, power generation, sewage treatment, etc.). Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. February 10, 1982, in order to be discussed by the Land Division Committee. The Land Division Committee (comprised of Director of Environmental Services, 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 information 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 rely, Ramon A. Diaz Director of Environ tal Services /pa PLEASE RETURN MAP WITH COMMENTS CITY OF FALM DESERT MORI RECERY , 5614 RECEIVED OF: Arl:5loA-r'E!-p L'olKTlzJCrloN — - DATE AMOUNT 45-0 ' 60 FOR AA1 4A4(E,UDA4e/,J7- 'N-) -r- 7— /3/9 J�r RECEIVED: CITY TREASURER ACCOUNT OV AMOUNT s� CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE r1 4�I PAYOR Jra" /`. !qooclman and A&4ociatej January 27, 1982 Palm Desert City Hall City Council 45275 Prickly Pear Lane Palm Desert, California 92260 13gi5 Re: Tract#334.9.5- Honorable City Council : Frank R. Goodman and the Affiliated Construction Co. Defined Benifit Pension Plan are the new owners of subject property. It is our request that the alley easements which were recorded between lots 28 thru 40 and lots 12 thru 20 be abandoned by the City of Palm Desert. A review of the improvement plans will show the alley' s will not serve the purpose for which they were intended, ie: to provide secondary truck access to each lot. The land falls North to South and will require a number of interior retaining walls . A majority of these walls will be necessary on the side and rear lot lines , obviously, making the alley ' s impractical . It is our opinion the lots are large enough and have sufficient frontage that the loss of the alley' s would not measureably change the project concept. A review with the City Engineer (Mr. Barry Mc Clellan) indicates there are no objections to this deletion. Very truly yours, Frank Goodman 4 FR /sr 1s82 ENVIRONMENTAL SERVICLO CITY OF PALM DESERT r EXECUTIVE OFFICES: 77-900 AVENUE OF THE STATES PALM DESERT, CALIFORNIA 92260 PHONE: (714) 345.2626 RESOLUTION NO. 80-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, A14NOUNCING FINDINGS AND APPROVING AN AMENDMENT ADDING SIX MONTHS TO AN APPROVED 12 MONTH TIME EXTENSION FOR A 40 LOT INDUSTRIAL SUBDIVISION PURSUANT TO THE PROVISIONS OF SECTION 26.20.140 OF THE PALM DESERT MUNICIPAL CODE. CASE NO. TT 13915 (TIME EXTENSION) i WHEREAS, the City Council of the City of Palm Desert, California, did receive a request from E. GEORGE MARZICOLA, for a six (6) month extension of a previously approved one (1 ) year time extension pursuant to Section 26.20.140 of the Palm Desert Municipal Code of the approved Tentative Tract Map TT 13915 to create a 40 lot industrial subdivision on approximately 34.7 gross acres within the S. I. , S.P. (Service Industrial District, Scenic Preservation Overlay) zone at the southeast corner of Cook Street and Hovley Lane, more particularly described as: APN 619-068-026 WHEREAS, the City Council is empowered to grant time extensions of up to eighteen months for filing of the final map in Section 26.20.140 of the Palm Desert Municipal Code; and WHEREAS, the City Council did find the following reasons to exist to justify the granting of said time extension: 1 . Granting the time extension will not in any way adversely affect the public health, safety or general welfare. 2. The applicant is not proposing any changes to the project and the situation in the vicinity of the project is unchanged since the f subject tentative tract was originally approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm l Desert, California as follows: 1 . That E. GEORGE MARZICOLA, is hereby granted a modification of City Council Resolution No. 79-145, to allow a six (6) month extension of a previously approved one (1 ) year time extension of Tentative Tract 13915. 2. That the final map for Tract No. 13915 must be filed prior to June 15, 1981 , to preserve the validity of said tract. 3. That approval of this time extension is subject to the conditions attached hereto. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, this 18thday of December, 1980 , by the following vote, to wit: AYES: Newbrander, Puluqi , Snyder & McPherson NOES: None ABSENT: Wilson ABSTAIN: None S. ROY ILSON, Mayor or ATTEST: JAMES McPHERSON, MAYOR 0-TEM SH"GILLIGAN, City k City of Palm Desert, Cali rnia /pa RESOLUTION NO 80-148 PAGE TWO CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 13915 1 . All conditions of Resolution No. 78-172, shall be complied with. f r ZES LJULRNEDL CL 'TLY COUNCIL-. ETINLGy VIII. PUBLIC HEARINGS ; A. CASE NOS . TT 15734 & 15735 , SHADOW MOUNTAIN RESORT AND RACQUET "x CLUB , APPLICANT : CONSIDERATION OF A REQUEST FOR A TIME EXTEN- SI N FOR ON LOT SUBDIVISIONS FOR CO-OP PURPOSES WITHIN THE SHADOW MOUNTAIN RESORT AND RACQUET CLUB. Mr. Ortega reported that the applicant had withdrawn his request for a time extension and was requesting approval of the Final Map under another section of the Agenda. Mayor Pro-Tem McPherson closed the Public Hearing and no action was aken. B. CASE NO. 16396 , WATT INDUSTRIES/PALM SPRINGS , INC. AND STAN M RSE, C.E. , A PL CA T: C NSIDERATION OF A REQUEST FOR APPROVAL OF A 1 -LOT TENTATIVE SUBDIVISION MAP TO ALLOW THE CONSTRUCTION OF 128 SINGLE FAMILY ZERO LOT LINE DWELLING UNITS AND ASSOCIATED RECREATIONAL AMENITIES ON 18. 72 ACRES WITHIN THE R-2 (6) , S .P . ZONE, (SINGLE-FAMILY RESIDENTIAL, ONE UNIT PER 6 ,000 SQ. FT. OF LOT AREA, SCENIC PRESERVATION OVERLAY) LOCATED AT THE NORTHEAST INTERSECTION OF 44TH AVENUE AND THE PALM VALLEY STORM CHANNEL. Mr. Ortega reported that he was presented a letter in Study Session whereby the applicant requested a continuance of this Public Hearing to the meeting of January 8 , 1981. Mayor Pro-Tem McPherson declared the Public Hearing open . Councilman Snyder moved and Councilman Puluqi seconded to continue the matter to the Regular Council Meeting of January 8 , 1981. Motion carried unanimously with the members present. NC. CASE NO. TT 13915 E. GEORGE MARZICOLAAPPLICANT: CONSIDERATION A REQUEST FOR APPROVAL OF AN AMENDMENT TO A PREVIOUSLY GRANTED l ONE-YEAR EXTENSION OF TIME TO ALLOW AN ADDITIONAL SIX MONTHS TO )! RECORD THE FINAL MAP FOR A 40-LOT INDUSTRIAL SUBDIVISION ON APPROXIMATELY 34. 7 GROSS ACRES WITHIN THE S . I. , S . P. ZONE (SERVICE INDUSTRIAL DISTRICT, SCENIC PRESERVATION OVERLAY) AT THE SOUTHEAST CORNER OF COOK STREET AND HOVLEY LANE. Mayor Pro-Tem McPherson declared the Public Hearing open and called on Staff for their report. Mr. Ortega stated that this item was related to a request for approval for Final Map under New Business. Mr. McClellan explained that the reason for the public hearing was to grant a time extension retroactively for a map that had expired 4 months ago. This extension of time would then permit the applicant ' s request for approval of Final Map under New Business of the Agenda. Mayor Pro-Tem McPherson called on the applicant for input . MR. SCOTT SUNDELL, representing E. George Marzicola Company, addressed the Council expressing their concurrence with the Staff report. Mayor Pro-Tem McPherson invited input in FAVOR of the request , and none was offered. He invited input in OPPOSITION to the request , and none was offered. He declared the Public Hearing closed. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-148. Motion carried unanimously with the members present. December 18 , 1980 Page 3 _— _.-7.--. -- CITY OF PALM DESERT ` TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Approval of an amendment to a previously granted one year extension of time to allow an additional six months to record the final map for a 40 lot industrial subdivision on approximately 34.7 gross acres within the S. I. S.P. (Service Industrial District, Scenic Preservation Overlay) zone at the southeast corner of Cook Street and Hovley Lane. III. APPLICANT: E. GEORGE MARZICOLA 73-743 Highway III Palm Desert, Calif. 92260 IV. CASE NO: TT 13915 i V. DATE: December 18, f1980 VI. CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Resolution No. 80-14.8 D. Letter of Request. E. City Council Minutes involving Case No. TT 13915 F. City Council Resolution Nos. 79-145 and 78-172 G. Planning Commission Staff Report dated December_ 5, 1978 . H. Related maps and/or exhibits. -------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and adopt Resolution No. 80-148; approving a six month extension of time for a previously approved twelve month extension of time for Tentative Tract Map No. 13915. B. DISCUSSION: A one year extension of time was granted by the City Council on December 13, 1979, allowing until December 14, 1980, for filing the Final Tract Map. The applicant is in the process of obtaining approval to record the Final Map, but will not complete the procedures prior to the expiration date. Therefore, this request to amend the one year extension to add six months has been requested. The conditions which existed at the time of original approval and first extension still exist and therefore, this extension appears warranted. CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF AN AMENDMENT TO TRACT 13915 TO ABANDON CERTAIN ALLEY EASEMENTS IN AN S.I., S.P. ZONE (SERVICE INDUSTRIAL, SCENIC PRESERVATION OVERLAY) LOCATED AT THE SOUTHEAST CORNER OF COOK STREET AND HOVLEY LANE. CASE NO: TRACT 13915 AMENDMENT## NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by FRANK R. GOODMAN and the AFFILIATED CONSTRUCTION COMPANY for approval of an amendment to Tract 13915 to abandon certain alley easements in an S.I., S.P. Zone (Service Industrial, Scenic Preservation Overlay) located at the southeast corner of Cook Street and Hovley Lane, more particularly described as: APN: 619-060-016-3 {SITE i"--�'•'�'-1 c: god -� KEY MAP TT �==i' Y AN Mnn SAID Public Hearing will be held on February 25, 1982, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post February 11, 1982 Y PALM IjEsrRT CCTV HALL T OF ENV1HQtt`E.NTAL SERVICE$ _ P. 0. BOX 1977 PAL':1 DLZLR7, CA 92261 Y � arc s. s' Charles Gi etal AOL 73070 Gra vine Palm De rt, CA 92260 621-240-003 V ' t •, - ''� 45-275 PRICKLY PEAR LANE, PALhi DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 December 2, 1980 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR.APPROVAL OF AN AMENDMENT TO A PREVIOUSLY GRANTED ONE YEAR EXTENSION OF TIME TO ALLOW AN ADDITIONAL SIX MONTHS TO RECORD THE FINAL MAP FOR A 40 LOT INDUSTRIAL SUBDIVISION ON APPROXIMATELY 34.7 GROSS ACRES WITHIN THE S.I. , S.P. ZONE AT THE SOUTHEAST CORNER OF COOK STREET AND HOVLEY LANE. CASE NO. TT 13915 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by E.- GEORGE MARZICOLA for approval of an amendment to a previously granted one year extension of time to allow an additional six.months to record the final map for a 40 lot industrial subdivision on approximately 34.7 gross acres within the S. I. S.P. (Service Industrial District, Scenic Preservation Overlay) zone at the southeast corner of Cook Street and Hovley Lane, more parti- cularly described as: APN 619-068-026 We WA � KEY MAP M m U P x M15-78 -F- 7'7. , nnl I SAID Public Hearing will be held on December 18, 1980 at 7:00 P.M. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. 5 EILA p, GII,LIG9N, City Clerk City of Pali+ Desert, California PUBLISH: -Desert Sun December 6, 1980 CITY OF R4LM DESERT REASU REEyS EECETY 4303 RECEIVED OF: DATE I�-,�'f- AMOUNT FOR �{e 2 E) 1e C / 1 4i 7 s RECEIVED: CITY TREASURER BY: -1) •���"'� - ACCOUN NO. AMOUNT CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE PAY OR NpV i g 198O November 17 , 1980 ENVIRD SERVICES a,FEPAEM DERT E Palm Desert Department of Environmental Serv. C11Y Planning Division City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re : Georgetown Business Park Tract No. 13915 Gentlemen: I am enclosing herein two separate checks . in the amount of $50 .00 each. I would like to ask the City to give me a six month extension on the Conditional Use Permit for the above-described property and to further extend my Tentative Tract Map for an additional six months . Since the Tentative Tract Map and the Conditional Use Permits were granted, there has been no change in the ownership of the property. Please advise me if you need any additional information in order to make these requests. Please advise me as to the time that these matters will be heard before the City Council and the City Planning Commission. Sincere E. GEORGE MARZ CO A nlg Encls. E. GEORGE MARZICOLA GROUP .73-743 HIGHWAY 111, PALM DESERT, CALIFORNIA 92260.PHONE(714)346-1173 CITY OF MLM DESERT MO RI RECEN 4304 RECEIVED OF: � rn -� DATE AMOUNT �7 ` f ty FOR IYYl Q R Ci�P / S--7�' RECEIVED: CITY TREASURER BY: _ Jbos ____ ACCOUNT ONO. AMOUNT J" CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE PAYOR RECORDING REQUESTED BY, AND WHEN RECORDED, MAILED TO: GEORGETOWN PARK, Ltd, . c/o E. George Marzicola P.O. Box 47 Palm Desert, California 92261 i DECLARATION OF COVENANTS, CONDITIONS, & RESTRICTIONS GEORGETOWN BUSINESS PARK DEC 16 1980 EN'✓IRONNI£NIAL SERVICES CITY CF PALM DESERT. PREAMBLE This DECLARATION of convenants, conditions, and restrictions for GEORGETOWN BUSINESS PARK is made by GEORGETOWN PARK Ltd. , a California Limited Partnership, as owner of the real property in the City of Palm Desert, County of Riverside, State of California, described in Exhibit "A" which is attached hereto and incorporated herein by this reference. GEORGETOWN BUSINESS PARK is being developed as a planned business park. It is the purpose of this DECLARATION to provide means for main- taining and controlling such development so that the design and integrity and amiable environment of GEORGETOWN BUSINESS PARK will be maintained. The provisions in this DECLARATION are designed to complement local government and municipal regulations and where conflicts occur, the most rigid requirements shall prevail. It is assumed that the owners and tenants in GEORGETOWN BUSINESS PARK will be motivated to preserve these qualities through mutual cooperation and by enforcing not only letter, but the spirit of this DECLARATION. 2 ARTICLE I DEFINITIONS Unless the context otherwise specifies or requires, the term defined in this Article I shall, for all purposes of this DECLARATION, have the meanings herein specified. ARCHITECT. The term "architect" shall mean a person holding a cer- tificate to practice architecture in the State of California under authority of Division 3, Chapter 3 of the Business and Professions Code of the State of Californi,ai ARCHITECTURAL REVIEW COMMITTEE. The term "Architectural Review Commit- tee" shall mean the Committee designated by the Grantor to administer this Declaration. BENEFICIARY. The term "beneficiary" shall mean a mortgagee under a mortgage, as well as a beneficiary under a deed of trust. DECLARATION. The term "Declaration" shall mean these covenants, con- ditions and restrictions for GEORGETOWN BUSINESS PARK, also referred to as "C,C & R's". DEED OF TRUST. The term "deed of trust" or "trust deed" shall mean a mortgage as well as a deed of trust. FILE. The term "file" shall mean, with reference to any subdivision map, the filing of said map in the Office of the Recorder of the County of River- side, State of California. GRANTOR. The term "grantor" shall mean GEORGETOWN PARK. Ltd. , a Calif- ornia limited partnership, and to the extent provide in Article VII below, its successors and assigns. 3 IMPROVEMENTS. The term "improvements" shall include buildings, out- buildings, underground installations, roads, driveways, parking areas , fences, screening' walls and barriers, retaining walls, stairs, decks, hedges, wind- breaks, plantings, planted trees and shrubs, poles, signs, loading areas and all other structures or landscaping improvements of every type and kind. MORTGAGEE. The term "mortgagee" shall mean a beneficiary under, or a holder of a deed of trust as well as a mortgage. RECORD; RECORDED. The term "record or "recorded" shall mean, with respect to any document, the recordation of said document in the Office of the County R@Corder of the County of Riverside, State of California.. SITE. The term "site" shall mean all contiguous land under one owner- ship. VISIBLE FROM NERGHBORING PROPERTY. The term "visible from neighboring property" shall mean, with respect to any given object, that such object is or would be visible to a person six feet tall, standing on any part of such neighboring property at an elevation no greater than the elevation of the base of the object being viewed. GEORGETOWN BUSINESS PARK. The term "GEORGETOWN BUSINESS PARK" shall mean all of the real property now or hereafter made subject to this DECLARATION. GEORGETOWN BUSINESS PARK RESTRICTIONS. The term "Georgetown Business Park Restrictions" shall mean all the covenants, conditions, and restrictions set forth in this DECLARATION, as it may from time to time be amended or supplemented, and also referred to as "CC & R'S". 4 ARTICLE II PROPERTY SUBJECT TO THE GEORGETOWN BUSINESS PARK RESTRICTIONS SECTION 2. 1 GENERAL DECLARATION CREATING GEORGETOWN BUSINESS PARK GRANTOR hereby declares that all of the real property located in the City of Palm Desert, County of Riverside, State of California, described in Exhibit "A", which is attached hereto and incorporated herein by this reference, is and shall be conveyed, hypothecated herein by this reference, is and shall be conveyed,? hypothecated, .encumbered, leased, occupied, built upon or otherwise used, improved or .transferred in whole or in part subject to the GEORGETOWN BUSINESS PARK RESTRICTIONS, meaning the covenants, conditions and restrictions set forth in this DECLARATION. All of said restrictions are declared and agreed to be in furtherance of a general plan for the subdivision, improvement and sale of said real property and are established for the purpose of en- hancing and perfecting the value, desirability and attractiveness of said real property and every part thereof. All the covenants , conditions and re- strictions and agreements in these GEORGETOWN BUSINESS PARK RESTRICTIONS shall run with all of said real propery for all purposes and shall be binding upon and inure to the benefit of GRANTOR and all owners, lessees, licensees, occupants and their successors in interest as set forth in this DECLARATION. 5 ARTICLE III REGULATION OF IMPROVEMENTS SECTION 3. 1 APPROVAL OF PLANS A. APPROVAL REQUIRED. No improvement shall be erected, placed, altered, maintained or permitted to remain on any land subject to this DECLARATION until final plans and specifications showing the plot layout, all exterior elevations with materials and colors therefor, signs and landscaping shall have been submitted to and approved in writing by GRANTOR. Such final plans and specifications shall be submitted in writing and duplicate over the au- thorized signature of the owner, lessee, licensee or other occupant of the site or his authorized agent. Changes in approved plans which affect building size, placement or external apperance must be similarly submitted to and approved by GRANTOR. B. BASIS FOR APPROVAL. Approval shall be based, among other things, on adequacy of site dimensions, conformity and harmony of external design with neighboring structures, effect of location and use of proposed improvements on neighboring sites , the nature of improvements on neighboring sites and the type of operations and uses thereof, relation of topography, grade and finish ground elevation of the site being improved to that of neighboring sites, property facing of main elevation with respect to nearby streets, adequacy of screening of mechanical air condtioning or other rooftop installations, and conformity of the plans and specifications to the purpose and general plan and intent of this DECLARATION. No plans will be approved which do not provide for the underground installation of all utility service lines. C. RESULT OF INACTION. If GRANTOR fails either to approve or disapprove 6 i such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that GRANTOR has approved said plans and specifications; provided, however, that if within said thirty (30) day period, GRANTOR gives written notice of the fact that a reasonable additional period is required for the approval of such plans and speci- fications, there shall be no presumption that the same are approved until the expiration of the extended period set forth in said notice. ➢. ARCHITECTURAL REVIEW COMMITTEE. GRANTOR shall designate an Arch- itectural' Review Committee to administer and enforce the provisions in this DECLARATION. All plans and specifications, and other materials necessary for compliance with the requirements herein, shall be submitted to the Archi- tectural Review Committee for approval. All determinations by the Archi- tectural Review Committee shall be final and binding; provided, however, the Committee shall not arbitrarily or unreasonably withhold its approval of such plans and specifications. E. PROCEEDING WITH WORK. Upon receipt of approval from GRANTOR, pur- suant to this Section, the owner or lessee to whom the same is given shall, as _ soon as practicable, satisfy all conditions thereof and diligently proceed with the commencement and completion of all approved construction, refin- ishing, alterations, and excavations. In all cases, work shall be commenced within one (1) year from the date of such approval. If there is a failure to comply with this paragraph, then the approval given pursuant to this Section shall be deemed revoked unless GRANTOR upon request made prior to the expir- ation of said one (1) year period extends the time for commencing work. F. COMPLETION OF WORK. In any event completion, reconstruction, refin- ishing or alteration of any such improvement shall be within one (1) 7 year after the commencement thereof except for so long as such completion is rendered impossible or would result in great hardship due to strikes, fires, national emergencies, natural calamities or other supervening forces beyond the control of the owner, lessee, licensee or occupant or his agents. Failure to comply with this paragraph shall constitute a breach of the GEORGETOWN BUSINESS PARK RESTRICTIONS and subject the defaulting party or parties to all enforcement procedures set forth in this DECLARATION and any other remedies provided by law or in equity. G. 'ESTOPPEL CERTIFICATE. Within thirty (30) days after written demand is del y�red to the GRANTOR and upon payment of a reasonable fee (not to . exceed $25..00) established by GRANTOR, there shall be recorded an estoppel certificate executed by GRANTOR and certifying that as of the date thereof either (a) all improvements made or other work done on or within a site com- plies with the GEORGETOWN BUSINESS PARK RESTRICTIONS or (b) such improvements or work do not so comply in which event the certificate shall identify the noncomplying improvements or work and set forth with particularity the causes for such noncompliance. Any lessee, purchaser or encumbrancer in good faith for value shall be entitled to reply on said certificate with respect to the matters set forth therein, such matters being conclusive as between the GRANTOR and all such subsequent parties in interest. H. LIABILITY. GRANTOR shall not be liable for any damage, loss or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings and specifications whether or not pursuant to approved plans, drawings and specifications; (c) the development of any property within GEORGETOWN BUSINESS PARK; or (d) the executions and filing of an estoppel certificate pursuant to the preceding paragraph whether or not the facts therein are correct, provided that GRANTOR has acted in good faith. 8 J 1 1 I. REVIEW FEE. An architectural review fee shall be paid to GRANTOR at such time as plans and specifications are submitted for approval based on the following schedule: (a) When the plans submitted are prepared by an architect, the architectural review fee shall be $200.00. (b) In all other cases the architectural review fee shall be $300.00. SECTION 3.2 LIMITATIONS ON IMPROVEMENTS. A. LANDSCAPING. Every site on which a building shall have been placed, shall be-Jandscaped, including buffers along streets, in accordance with plans and specifications submitted to and approved by GRANTOR pursuant to Section 3.1 above. Landscaping and irrigation, as approved by GRANTOR, shall be installed prior to occupancy of the building, unless GRANTOR approves in writing another completion date. After completion, such landscaping shall be maintained in a sightly and well-kept condition. Sites purchased for future expansion will be maintained in a weed-free condition and free from refuse at all times. B. * LANDSCAPE STANDARDS. (To be added) C. * ARCHITECTURAL STANDARDS. (To be added) D. SIGNS. 1. Signs and identifying markings on buildings or building site shall only be of such size, design and color as is specifically approved by GRANTOR in writing. 2. There is hereby reserved to the GRANTOR an easement over the subject property for the erection and maintenance of signs to identify and describe GEORGETOWN BUSINESS PARK. 9 E. UTILITIES. Exterior lighting shall not overwash property lines, nor be of such intensity as to be a nuisance to adjacent property owners. F. SCREENING. All storage for service, areas shall be screened. ARTICLE IV REGULATION OF OPERATIONS AND USES SECTION 4. 1 RESTRICTIONS AND PROHIBITED USES A. PROHIBITED USES. The following operations and uses shall not be permitted on any property subject to this DECLARATION: 1. 'Junk or Salvage Yards. 2.';,!Drilling for and/or the removal of oil, gas or other hydrocarbon substances (except that this provision shall not be deemed to prohibit the entry of subject property below a depth of 500 feet for such purposes) . 3. Commercial excavation of building or construction materials. 4. Distillation of bones. 5. Dumping, disposal, incineration or reductions of garbage, sewage, offal, dead animals, or refuse. 6. Fat rendering. 7. Stockyard or slaughter of animals. 8. Refining of petroleum or of its products. 9. Smelting of iron, tin, zinc, or other ores. 10. Cemeteries. 11. Jail or honor farms. 12. Any use which will be offensive to the neighborhood by reason of odor, dust, smoke, noise, glare, heat, sound, vibration, electromechanical disturbances, electomagnetic distrubances, radiation, air or water pollution or will be hazardous by reason of danger of fire or explosion. 10 B. RESTRICTIONS. 1. No building shall be constructed upon any site with exterior walls, of sheet or corrugated iron, steel, aluminum or asbestos. 2. No use of the Site shall be permitted which will result in the dis- charge of toxic matters into any sewer system serving the Site. 3. There shall be maintained on each Site facilities for loading and unloading sufficient to serve the business conducted thereon without using adjacent street therefor. The parking or loading of trucks on streets is prohibited. 4.`,,Wequate offstreet parking shall be provided to accommodate all parking needs for employee, visitor, and company vehicles on the site. The intent of this provision is to eliminate the need for any onstreet parking. Parking shall not be permitted between public street property line or closer than ten (10) feet to a street property line. No use shall be made of any Site which will attract parking in excess of the parking spaces then available thereon. Not less than three percent (3%) of the parking area of any Site shall contain landscaped islands . S. Unless specifically approved in writing by the GRANTOR, no materials, supplies or equipment shall be stored in any area on a Site except inside a closed building or behind a solid visual barrier, constructed of material acceptable to the Approving Agent, which screens such areas so that the stored items are not visible to a person six (6) feet tall standing on- any part of the neighboring peoperty or public streets at an elevation no greater than the elevation of the base of the items being viewed. All roof-mounted mechanical equipment, utility installations, duct work, radar equipment, radio or tele- vision antenna or any other devises which project vertically more than 1� feet above the roof or roof parapet shall be screened by a solid visual barrier which is detailed consistent with the building. I1 C. NUISANCES. No rubbish or debris of any kind shall be placed or per- mitted to arise therefrom so as to render any site or portion thereof unsani- tary, unsightly, offensive, or detrimental to any of the property in the vicinity thereof or to the occupants thereof. No nuisance shall be permitted to exist or operate upon any site so as to be offensive or detrimental to any property in the vicinity thereof or to its occupants. D. REPAIR OF BUILDINGS. No building or structure upon any site shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. E. RIGHT OF ENTRY. During reasonable hours, and subject to reasonable security requirements, GRANTOR, or its authorized representative, shall have the right to enter upon and inspect any building, site or parcel, and the improvements thereon embraced for the purpose of ascertaining whether or not the provisions of the GEORGETOWN BUSINESS PARK RESTRICTIONS have been or are being complied with and shall not be deemed guilty to trespass by reason of such entry. ARTICLE V DURATION, MODIFICATION AND REPEAL SECTION 5. 1 DURATION OF RESTRICTIONS. The GEORGETOWN BUSINESS PARK RESTRICTIONS shall continue and remain in full force and effect at all times with respect to all and each part thereof, now or hereafter made subject thereto (subject, however, to the right to amend and repeal as provided for herein) until January 1, 1990. However, unless within one (1) year prior to January 1, 1990, there shall be recorded an instrument directing the termination of the GEORGETOWN BUSINESS PARK 12 i RESTRICTIONS signed by owners of not less than two-thirds (2/3) of the prop- erty then subject to these RESTRICTIONS, based on the number of square feet subject to these RESTRICTIONS, the GEORGETOWN BUSINESS PARK RESTRICTIONS, as in effect immediately prior to the expiration date, shall be continued auto- matically without further notice for an additional period of ten (10) years and thereafter for successive periods of ten (10) years unless within one (1) year prior to the expiration of any such period the GEORGETOWN BUSINESS PARK RESTRICTIONS are terminated as set forth above in this paragraph. SECTION 5:2 TERMINATION AND MODIFICATION. Thii !DECLARATION, or any provision thereof, or any covenant, condition, or restriction contained herein, may be terminated, extended, modified or amended, as to the whole of said property, or any portion thereof, with the written consent of the owners of seventy-five percent (75%) of the property subject to these GEORGETOWN BUSINESS PARK RESTRICTIONS, based on the number of square feet subject to the GEORGETOWN BUSINESS PARK RESTRICTIONS; provided, however, that so long as GRANTOR owns at least twenty-five percent (25%) of the property subject to the GEORGETOWN BUSINESS PARK RESTRICTIONS, or for a period of fifteen (15) years from the effective date hereof, whichever period is longer, no such termination, extension, modification or amendment shall be effective until a proper instrument in writing has been executed and acknow- ledged and recorded in the County where the land affected thereby is situated. onehalf of the gross acreage of Parcel C. ARTICLE VI ENFORCEMENT SECTION 6.1 ABATEMENT AND SUIT. A. ENFORCEMENT PROCEDURE 1. All of the provisions herein contained shall run with the land and 13 shall be enforced at law and in equity. 2. The GRANTOR shall have the execution right to enforce the provisions hereof, without liability for failure so to do, except that each owner of record of land in the Property shall have the right to enforce the provisions hereof then applicable to any Site if the GRANTOR shall fail so to do within thirty (30) days after written request from any such owner. 3. (a) In addition to the right to proceed in equity for the enforcement of the Restrictions, in the event that the Restrictions are violated or breached, ' the GRANTOR may, without liability for failure so to do, enter upon the Sife.Aof said violation or breach and take whatever action it may deem necessary to abate and remove nonconforming uses or to otherwise effect com- pliance with the Restrictions, at the expense of the owner of said Site, provided that the Grantor shall have given to the owner of said Site at least sixty (60) days written notice of its intention to do so and said Site shall have failed to correct said violation or breach; and in such case said owner of said Site shall be responsible to reimburse the GRANTOR forthwith upon demand for all costs and expenses incurred in connection therewith ("Non- compliance Expenses"). in accordance with the provisions of subparagraph 3(b) hereinbelow. (b) In order to provide for the implementation of the provisions of subparagraph 3(a) above, each owner of any Site within the Property by ac- ceptance of a deed or other conveyance therefor, whether or not it shall be so expressed in any such deed or other conveyance, is and shall be deemed to covenant and agree to pay to the GRANTOR an /assessment for any Noncompliance Expenses incurred by the GRANTOR in connection with such owner' s Site. (1) The GRANTOR shall maintain accurate books and records reflecting any 14 Noncompliance Expenses, and shall provide each owner of an affected Site a statement with respect thereto. Expenses applicable to such owner's Site within 10 days following the .receipt of such statement. If such statement is deposited in the United States mail in the State of California, duly certified or registered with postage pre-paid and addressed to the owner affected there- by at his Site, the same shall be deemed received by such owner 72 hours after such deposit. (2) Any Noncompliance Expense assessments, together with such interest thereon and costs of collection thereof as provided hereinbelow, shall be a charge op_?the land and shall be a continuing lien upon the Site against which such assessments are made. The lien shall become effective upon recordation of a notice of claim of lien as provided herein. This assessment, together with such interest and costs, shall also be the personal obligation of the person entity who is the owner of such Site at the time when the assessment, or any portion thereof, fell due and shall bind his heirs, devisees, the personal representatives, successors and assigns. However, the personal obligation shall not pass to his successors in title unless expressly assumed by them. No owner may waive or otherwise escape personal liability for the assessment provided herein by nonuse or abadonment of his Site. (3) If any Noncompliance Expenses assessment or any portion thereof is not paid within 10 days after the due date it shall bear interest from the date of delinquency at the then legal rate, and, in addition to all other legal and equitable rights or remedies, the GRANTOR may, at its option, bring an action at law against the owner who is personally obligated to pay the same, or, upon compliance with the notice provisions set forth hereinbelow, to foreclose the lien against the Site, and there shall be added to the amount of such assessment or any portion thereof, the interest thereon, all costs and 15 expenses, including reasonable attorney's fees, incurred by the GRANTOR in collecting the delinquent assessment. In lien of judicially foreclosing the lien, the GRANTOR, at its option, may foreclose such lien by proceeding under a power of sale as provided hereinbelow, such power of sale being given to the GRANTOR, its successors or assigns, the right and power to bring all actions of law or lien foreclosure against such owner or other owners for purpose of collecting delinquent assessments. (4) No action shall be brought to foreclosure the lien, or to proceed under the power of sale, less than thirty (30) days after the date that a notice 'zi claim of lien, executed by the Grantor, is recorded with the River- side County Recorder, said notice stating the amount claimed (which may in- clude interest and costs of collection, including reasonable attorney's fees) , a good and sufficient legal description of the Site being assessed, the name of the record owner or reputed owner thereof, and the name and address of the GRANTOR as claimant. A copy of said notice of claim shall be deposited in the United States mail, certified or registered, and postage prepaid, to the owner of the Site. (5) Any such sale provided for above shall be conducted in accordance with Sections 2924, 2924(b) , and 2924(c) of the Civil Code of the State of California, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted or provided by law. The GRANTOR shall have the power to bid on the Site at the foreclosure sale, and to acquire and hold, mortgage, and convey the same. (6) Upon the timely curing of any default for which a notice of claim of lien was recorded by the GRANTOR, the GRANTOR is hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon pay- ment of the defaulting owner of a fee to be determined by the GRANTOR, but not 16 to exceed TWENTY-FIVE DOLLARS ($25.00) , to cover the costs of preparing and filing or recording such release together with the payment of such other costs, interests or fees as shall have been incurred. (7) The assessment lien and the rights to foreclosure and sale thereunder shall be in addition to and not substitution for all other rights and remedies which the GRANTOR and its successors and assigns may have hereunder and by law. (8) The lien of the Noncompliance Expenses assessments provided for herein shall be subordinated to the lien of any deed of trust or mortgage now or hereafter placed upon any of the Sites within the Property subject to such assessments; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such Site pursuant to a decree of foreclosure, or any other proceeding in lien of foreclosure. Such sale or transfer shall not relieve such Site from liability for any- assessments thereafter becoming due, nor from the lien of any such subsequent assessment. (9) The Grantor shall have the right to prosecute a proceeding at law or equity against any person or persons who have violated or are attempting to violate any of the Restrictions, to enjoin or prevent them from doing so, to cause said violation to be remedied and/or to recover damages for said vio- lation. SECTION 6.2 DEEMED-TO CONSTITUTE A NUISANCE. The result of_ every action or omission whereby any covenant condition or restriction herein' contained is violated in whole or in part is hereby de- clared to be and to constitute a nuisance, and every remedy allowed by law or equity against an -owner, either public or private, shall be applicable against every such result and may be exercised by GRANTOR or by any owner or lessee of property subject to this DECLARATION. SECTION 6.3 ATTORNEY'S FEES 17 In any legal or equitable proceeding for the enforcement or to restrain the violation of the DECLARATION or any provision hereof, the losing party or parties shall pay the attorney's fees of the prevailing party or parties, in such amount as may be fixed by the Court in such proceedings. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. SECTION 6.4 FAILURE TO ENFORCE NOT A WAIVER OF RIGHTS. The failure of GRANTOR or any property owner to enforce any restriction herein contained shall in no event to deemed to be a waiver of the right to do so thereafter nor of the right to enforce any other restriction. i ARTICLE VII PROPERTY OWNERS ASSOCIATION SECTION 7. 1 ESTABLISHING ASSOCIATION. GRANTOR shall establish within ninety (90) days from the date of these restrictions, a property owner' s association consisting of owners of property subject to this DECLARATION. The owners, lessees, licensees, or other oc- cupants of property subject to this DECLARATION shall become members of any such association or associations and be governed by the rules and regulations of any such association or associations. GRANTOR shall delegate all or any of GRANTOR'S rights, powers, or responsibilities pursuant to this DECLARATION to any such association or associations. Each owner shall be entitled to one vote for each 10,000 square feet of land owned. SECTION 7.2 ASSIGNMENT OF RIGHTS AND DUTIES Any and all of the rights, powers and reservations of GRANTOR herein contained shall be assigned to the corporation or association which will assume the duties of GRANTOR pertaining to the particular rights, powers, and reservations assigned, and upon any such corporation or association evidencing 18 its consent in writing to accept such assignment and assume such duties, it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by GRANTOR herein. The term GRANTOR, as used herein, includes all such assignees and their heirs, successors and assigns. If at any time GRANTOR ceases to exist and has not made such assignment, a successor GRANTOR may be appointed in the same manner as these GEORGETOWN BUSINESS PARK RESTRICTIONS may be terminated, extended, modified or amended under Section 5.2 of Article V. Any assignment or appointment made under this Section shall be in recordable form and sha1L be recorded in the County where the land affected is situated. ARTICLE VIII MISCELLANEOUS PROVISIONS SECTION 8. 1 MAINTENANCE OF COMMON AREAS, STREETS, UTILITIES, AND PERIMETER LANDSCAPING. The common areas, streets, utilities, and perimeter and street land- scaping shall be maintained or contracted to be maintained by the GRANTOR and its successors and assigns. Maintenance of said common areas, streets, and utilities, and perimeter and street landscaping shall be funded through as- sessments of the sites of GEORGETOWN BUSINESS PARK. SECTION 8.2 ASSESSMENTS AND LIENS Each subject site and the improvements thereon shall be subject to gen- eral and special charges, assessments and liens to secure the payment of same by the GRANTOR for the purpose of: a. Enforcing applicable provisions of this DECLARATION of COV- ENANTS, CONDITIONS, AND RESTRICTIONS and its amendments relating to the con- trol and management of GEORGETOWN BUSINESS PARK. 19 I b. Maintaining common areas, utilities, streets, and perimeter and street landscaping in GEORGETOWN PARK. C. Contract and pay premiums for fire casualty, liability, and other insurance including indemnity. d. Pay taxes and special assessments which are or would be a lien on the park or common areas. e. Enter onto any site when necessary in connection with mainten- ance or construction for which the greater is responsible. SECTION 8.3 CONSTRUCTIVE NOTICE AND ACCEPTANCE. Every person or other entity who now or hereafter owns or acquires any right, title or interest on or to any portion of the property made subject to this DECLARATION is- contained in the instrument by which such person or entity acquired an interest in said property. SECTION 8.4 WAIVER Neither GRANTOR not its successors or assigns shall be liable to any owner, lessee, licensee or occupant of land subject to this DECLARATION by reason of any mistake in judgement, negligence, nonfeasance, action- or in- action or for the=enforcement or failure to enforce anu provision of this DECLARATION. Every owner, lessee, licensee or occupant of any said property by acquiring his interest therein agrees that he will not bring any action or suit against GRANTOR to recover any such damages or to seek equitable relief. SECTION 8.5 MUTUALITY, RECIPROCITY: RUNS WITH LAND. All covenants, conditions, restrictions and agreements contained herein are made for the direct, mutual and reciprocal benefit of each and every part and parcel of the property now or hereafter made subject to this DECLARATION; shall create mutual, equitable servitudes upon each parcel in favor of every other parcel; shall create reciprocal rights and obligations between the 20 respective owners of all parcels and privity of contract and estate between all grantees of said parcels, their heirs, successors and assigns; and shall, as to the owner of each parcel, his heirs, for the benefit of all other par- cels. SECTION 8.6 RIGHTS OF MORTGAGEES. No breach of these GEORGETOWN BUSINESS PARK RESTRICTIONS and other pro- visions contained herein shall defeat or render invalid the lien of any mort- gage or deed of trust now or hereafter executed upon land subject to this DECLARATION; provided, however, that if any portion of said property is sold under a';£oreclosure of any mortgage or under the provisions of any deed of trust, any purchaser at such sale and his successors and assigns shall hold any and all property so purchased subject to all of the covenats, conditions, and restrictions and other provisions of this DECLARATION. SECTION 8.7 PARAGRAPH HEADINGS. Paragraph headings , where used herein, are inserted for convenience only and are not intended to be a part of this DECLARATION or in any way define; limit,, or describe: the- scope and intent of the particular paragraphs to which they _ —_ refer. SECTION 8.8 EFFECT OF INVALIDATIONS. If any provision of this DECLARATION is held to be invalid by any COURT, the invalidity of�such provisions shall not affect the validity of the re- maining provisions hereof. EXECUTED THIS DAY OF NOVEMBER, 1979, by: GEORGETOWN PARK, Ltd. , a California Limited Partnership BY: E. GEORGE MARZICOLA, Its General Partner 21 DEC 16 1980 BY LAWS E CITY, PE PALM DESERT:S OF GEORGETOWN BUSINESS PARK PROPERTY OWNERS ASSOCIATION, INC. ARTICLE 1. OFFICES Principal Office Section 1.01. The principal office of the Association for the trans- action of its business is located in the City of Palm Desert, County of River- side, California. ARTICLE 2. MEMBERS Classes of Membership Section 2.01. The Association shall have one (1) class of members. Qualifications and Voting Rights Section 2.02. Membership shall be appurtenant to the real property and every beneficial owner (as distinguished from a security owner) of property situated in the area known as Georgetown Business Park, in the City of Palm Desert, Riverside County, California, which area is more particularly de- scribed in the EXHIBIT A, and incorporated herein, shall be a member in this Association. Members shall be entitled to one (1) vote for each 10,000 square feet of land owned. (Fractional votes will be granted for amounts between sizes. ) Land held in any form of joint ownership shall qualify the owners for one (1) membership only. Transferability of Membership Section 2.03. Membership in the Association are transferable only upon the conveyance of the land giving rise to such membership and any other at- tempted transfer or assignment of membership shall be null and void. Terminination Of Membership Section 2.04. Membership in the Asscoiation shall terminate on the death of the member or on his ceasing to be a beneficial owner of land within George- town Business Park. ARTICLE 3. MEETINGS OF MEMBERS Annual Meetings Section 3.01. The first annual meeting of the members shall be held within one (1) year from the date of establishment of the Association and not later than six (6) months after the close of escrow on the sale of the first unit in the Project, whichever occurs first. The next annual meeting shall be set by the Board so as to occur no later than ninety (90) days after the close of the Association's fiscal year. Subsequent regular annual meetings of the members shall be held within thirty (30) days of the same day of the same month of each year thereafter, at the hour of 7:30 p.m. If the day for the annual meeting of the members is a legal holiday, the meeting will be held at the same hour on the first day following which is not a legal holiday. Special Meetings Section 3.02. Special meetings of members may be called and held at such times and places as may be ordered by the Board of Directors. Special meet- ings of the members shall be called by the President or by the Board within fourteen (14) days after receiving a written request for such meeting signed by the holders in good standing of not less than fifteen per cent (15%) of the voting power of the corporation. 2 Notice Section 3.03. Written, typed, or printed notice of meetings shall be delivered either personally or by mail to each member in good standing ad- dressed to him at his address as it appears on the books of the corporation, not less than fourteen (14) nor more than sixty (60) days prior to the date of such meeting, by or at the direction of the Secretary. Contents of Notice Section 3.04. Notice of meetings of members shall specify the place, the day, and the hour of the meeting and, in the case of special meetings, the general,,nature of the business to be transacted. Quorum Section 3.05. The presence in person or by proxy of regular members holding at least fifty per cent (50%,) of the voting power of the Association shall constitute a quorum. Adjournment for Lack of Quorum Section 3.06. In the absence of a quorum, no business shall be trans- acted except that the meeting may be adjourned by the vote of a majority of the regular members in good standing present in person or by proxy, to a time not less than forty-eight (48) hours nor more than thirty (30) days from the time the original meeting was called, at which meeting the quorum requirement shall be twenty-five per cent (25%) of the voting power. Notice of Adjourned Meeting Section 3.07. When a meeting of members is adjourned for thirty (30) days or more, notice of the adjourned meeting shall be given as in the case of the original meeting. When a meeting is adjourned for less than thirty (30) days , it is not necessary to give any notice of the time and place of the 3 i adjourned meeting or of the business to be transacted thereat other then by announcement at the meeting at which the adjournment is taken. Loss of Quorum Section 3.08. The members present at a duly called or held meeting at which a quorum is present may continue to do business until adjournment notwithstanding the withdrawal of enough members to leave less than a quorum. Voting Rights Section 3.09. Except as otherwise provided by law, only members in whose names memberships entitled to vote stand on the records of the Association on the reco�d date for voting purposes, fixed as provided in Section 6.01 of these bylaws, shall be entitled to vote at such meeting. Such vote may be visa voce or by ballot; provided, however, that all elections for directors must be by ballot upon demand by a member at any election and before the voting be- gins. Except as provided in Article 2, each member is entitled to one vote for each 10,000 square feet owned by him. Every member entitled to vote at any election for election of or removal of directors shall have the right to cumulate his votes and give one candidate a number of votes equal to the number of directors to be elected multiplied by the number of votes to which he is entitled, or to distribute his votes on the same principal among as many candidates as he thinks fit. The candidates receiving the highest number of votes, up to the number of directors to be elected, shall be elected. In all other matters, a majority of the voting power present in person or by proxy shall prevail at all meetings. Proxy Voting Section 3. 10. Regular members in good standing may vote in person or by written proxy executed and filed with the Secretary; provided, however, that no proxy shall be valid after eleven months from the date of its ex- 4 I eeution unless otherwise provided in the proxy, and in no event shall it be valid after seven years from the date of its execution. Conduct of Meetings Section 3. 11. (a) Meetings of members shall be presided over by the President of the Association or, in his absence, by the Vice President or, in the absence of both, by a chairman chosen by a majority of the regular members in good standing present in person or by proxy. The Secretary of the Association shall act as Secretary of all meetings of members, provided that in his ab- sence th presiding officer shall appoint another person to act as Secretary of the meeting. (b) Meetings shall be governed by Robert's Rules of Order, as such rules may be revised from time to time, insofar as such rules are not incon- sistent or in conflict with these bylaws, with the articles of incorporation of this Association; or with law. ARTICLE 4. DIRECTORS Number and Qualification Section 4.01 . . The Association shall have five (5) directors unless and until the number is changed by an amendment to the articles of incorporation or an amendment to this section of the bylaws. ➢irectors shall not be re- quired to be members. Powers Section 4.02. The directors shall, subject to the limitations set forth in the articles of incorporation, exercise the powers of the corporation, control its property, and conduct its affairs. 5 i Election and Term of Office Section 4.03. Until the first annual meeting of members, the directors of the Association shall be those individuals elected at the organizational meeting of the corporation on their successors determined pursuant to Section 4.04. At such meeting, and at each annual meeting of members thereafter, the directors shall be elected by the members; provided, however, that if for any reason any such annual meeting is not held, or the directors are not elected thereat, the directors may be elected at any special meeting of members held for that purpose. All directors shall hold office until their respective success&r� are elected. Vacancies Section 4.04. Vacancies in the Board of Directors may be filed by a majority of the remaining directors, though less than a quorum, or by a sole remaining director, and each director so elected shall hold office until his successor is elected at an annual or special meeting of the members. A vacancy or vacancies in the Board of Directors shall be deemed to exist in case of the death, resignation or removal of any director, or if the au- thorized number of directors be increased, or if the members fail at any annual or special meeting of members at which any director or directors are not to be elected to elect the full authorized number of directors to be voted for at that meeting, or if a vacancy is declared by the Board of Direc- tors for any reason permitted by law. The members may elect a director or directors at any time to fill any vacancy or vacancies not filled by the directors. If the Board of Directors accepts the resignation of a director tendered to take effect at a future time, the board of members shall have power to elect a successor, pursuant 6 i to the provisions hereof, to take office when the resignation is to become effective. No reduction of the authorized number of directors shall have the effect of removing any director from office prior to the expiration of his term. Removal of Directors Section 4.05. Should any director fail in a substantial and material way to perform his duties as a director, such director may be removed from office by a resolution adopted by at least twothirds of the entire Board of Direc- tors. In addition, the entire board or any individual director may be removed pursuant`,th.'the provisions of the Corporations Code. In the event of any such removal, the vacancy shall be filled as in other cases of vacancy provided in these bylaws. Meetings Place Section 4.06. Meetings of directors shall be held at the principal office of the Association unless otherwise provided by the board. Regular Meetings Section 4.07 . Immediately following each annual meeting of members, the Board of Directors shall hold a regular meeting for the purpose of organ- ization, election of officers, and the transaction of other business. Call and notice of such meetings are hereby dispensed with. The Board of Directors shall also meet regularly at least once each quarter on such day and time as it shall by resolution specify. Special Meetings Section 4.08. Special meetings of the Board of Directors may be called by or at the request of the President or any two directors. 7 Notice of Meetings Section 4.09. Except as otherwise provided for in these bylaws, or by law, notice of the time and place of meetings shall be given by, or at the direction of, the Secretary to each director personally or by United States mail addressed to him at his address as it appears on the books of the cor- poration at least forty-eight (48) hours prior to the date of the meeting. Waiver of Notice Section 4. 10. The transactions of any meeting of the Board of Directors, however called and noticed or wherever held, shall be as valid as though had at a meeting duly held after regular call and notice, if a quorum be present, and if, either before or after the meeting, each of the directors not present signs a written waiver of notice or consent to holding such meeting or an approval of the minutes thereof. All such waivers, consents or approvals shall be filed with corporate records or made a part of the minutes of the meeting. Action by Unanimous Written Consent Without Meeting Section 4. 11. Any action required or permitted to be taken by the Board of Directors under any provisions of law may be taken without a meeting, if all members of the board shall individually or collectively consent in writing to such action. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. Such action by written consent shall have the same force and effect as the unanimous .vote of such directors. Any certificate or other document filed under any provision of law which relates to action so taken shall state that the action was taken by unanimous written consent of the Board of Directors without a meeting and that the bylaws of this Association authorized the directors to so act, and such statement shall be prima facie evidence of such authority. 8 f Quorum Section 4. 12. A majority of directors shall constitute a quorum for the transaction of the business. Conduct of Meetings Section 4. 13. Meetings of directors shall be governed by Robert's Rules of Order, as such rules' may be revised from time to time, insofar as such rules are not inconsistent or in conflict with these bylaws, with the articles of incorporation, or with law. Meetings of directors shall be presided over by the President of the Association or in his absence by the Vice President or, in the absence of both, by a chairman chosen by a majority of the directors present. The Secre- tary of the Association shall act as Secretary of the Board, provided, how- ever, that in the absence of the Secretary the presiding officer shall appoint a person to act as Secretary for the meeting. Majority Action as Board Action Section 4. 14. Every act or decision done or made by a majority of the directors present at any meeting duly held at which a quorum is present is the act of the Board of Directors, unless the law, the articles of incorporation, or these bylaws require a greater number. Duties Section 4. 15. It shall be the duty of the Board of Directors to: (a) Cause to be kept a complete record of all its acts and to pre- sent a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (y) of the members who are entitled to vote; (b) Supervise all officers, agents and employees of this Associa- tion, and to see that their duties are properly performed; 9 (c) as more fully provided in the Declaration, to: (1) Fix the amount of the annual assessment against each Unit at least thirty (30) days in advance of each annual assessment period; (2) Send written notice of each assessment to every owner subject thereto at least thirty (30) days in advance of each annual assessment period; and (3) Record a notice of assessment pursuant to Civil Code 1356 and foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or bring an action at law against the owner pex's,o�ally obligated to pay the same. (d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment; (e) Procure and maintain adequate liability and hazard insurance on property owned by the Association; (f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; (g) Cause the Common Area to be maintained. ARTICLE 5. OFFICERS Number, Title, Qualifications and Term of Office Section 5.01 . The officers of the Association shall be a President, one or more Vice Presidents, a Secretary and a Treasurer, and each of them shall be elected annually by the Board of Directors. The Association may also have such other officers , including one or more Assistant Secretaries , as may be appointed be the Board of Directors. Officers , other than the President, need not be directors. Officers need not be members. One person may hold two 10 or more offices, except those of the President and Secretary. Each officer shall hold his office until he resigns or is removed or is otherwise disqualified to serve, or until his successor shall be elected and qualified, whichever is first; provided that officers may be appointed at any time by the Board of Directors for the purpose of initially filling an office or filling a newly created or vacant office. Removal and. Resignation Section 5.02. Any officer may be removed, either with or without cause, by a majority of the directors in office at the time, at any regular or special-,meeting of the Board of Directors. Any officer may resign at any time by giving written notice to the Board of Directors or to the President, or to the Secretary of the Association. Any such resignation shall take effect at the date of the receipt of such notice or at any later time specified therein, and, unless otherwise specified there- in, the acceptance of such resignation shall not be necessary to make it effective. Vacancies Section 5.03. A vacancy in any office because of death, resignation, removal, disqualification or any other cause shall be filled in the manner prescribed in these bylaws for regular appointments to such office. Duites of President Section 5.04. The President shall be the chief executive officer of the Association and shall, subject to the control of the Board of Directors, have general supervision, direction and control of the business and officers of the Association. He shall preside at all meetings of the members and of the Board of Directors. He shall be an ex officio member of all the standing commit- tees, including the Executive Committee, if any, 11 and shall have the general power and duties of management usually vested in the office of president of a corporation, and such other powers and duties as may be prescribed by the Board of Directors or these bylaws. Duties of Vice Presidents Section 5.05. In the absence or disability of the President, the Vice Presidents, in order of their rank as fixed by the Board of Directors, or if not ranked, the Vice President designated by the Board of Directors, shall perform all the duties of the President, and when so acting, shall have all the powers of and -be subject to all the restrictions upon the President. The Vice PreAdents shall have such other powers and perform such other duties as may be prescribed for them respectively by the Board of Directors, the Pres- ident or these bylaws:= - Duties of Secretary Section 5.06. The Secretary shall keep or cause to be kept, at the principal office -5or such other place -as the Board of Directors may order, a book of minutes —_of all meetings of directors and members, or a duplicate thereof, with the�time and place of holding, whether regular or special, and, if special, how authorized, the notice thereof given, the names of those present at directors' meetings, the number of memberships present or repre- sented at members' meetings , and the proceedings thereof. The Secretary shall keep or cause to be kept, in any form permitted by law, at the principal office or such other place as the Board of Directors may order, a membership register, or a duplicate thereof, showing the names of the members and their--addresses, the description and number of lots, if more than one, upon which such membership is based, and the number and date of member- ship certificates surrendered for cancellation. 12 I The Secretary shall give, or cause to be given, notice of all the meet- ings of the members and of the Board of Directors required by these bylaws or by law to be given, and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors, the President or these bylaws. Duties of Treasurer Section 5.07. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct accounts of the properties and business transactions of the Association, including accounts of its assets, liabil- ities, "rgxeipts, disbursements, gains, or losses. The books of account shall at all times be open to inspection by any director. The Treasurer shall deposit all moneys and other valuables in the name of and to the credit of the Association with such depositories as may be desig- nated by the Board of Directors. He shall disburse the funds of the Asso- ciation as may be ordered by the Board of Directors, shall render to the President and directors, whenever they request it, an account of all of his transactions as Treasurer and of the financial condition of the Association, and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors, the President or these bylaws. ARTICLE 6. MISCELLANEOUS Record Date Section 6.01. The Board of Directors may fix a time in the future as a record for the determination of the members entitled to notice of and to vote at any meeting of members. The record date so fixed shall not be more than thirty (30) days prior to the date of the meeting. When a record date is so fixed, only regular members of record on that date shall be entitled to vote at the meeting, notwithstanding any transfer of or issuance of membership certificates on the books of the Association after the record date. 13 i Inspection of Records Section 6.02. The membership register or duplicate membership register, the books of accounts and minutes of proceedings of the members, and the Board of Directors and the Executive Committee, if any, shall be open to inspection upon the written demand of any member at any reasonable time and for a purpose reasonably related to his interests as a member. The Association shall keep in its principal office for the transaction of business the original or a copy of the bylaws as amended or otherwise altered to date,. certified by the Secretary, which shall be open to inspection by the _ members at !all reasonable times. Committees Section 6.03. The Association shall have a Architectural Review Commit- tee and such standing ad hoc committees as are established from time to time by the Board of ➢irectors. The terms, duties and number of members of each committee shall be prescribed by the Board of Directors, and shall be in conformance with the Georgetown Business Park Declaration of Conditions, Covenants and Restrictions. The members of each committee shall be appointed by the President. Checks and Drafts Section 6.04. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness issued in the name of or payable to the Association shall be signed or endorsed by such person or persons and in such manner as, from time to time, shall be determined by resolution of the Board of Directors. Annual Accounting Section 6.05. An annual report and account, including a statement of income and disbursements, shall be sent to the regular members not later 14 t than thirty (30) days after the close of the Association's fiscal year. Fiscal Year Section 6.07. The Board of Directors, except as may be otherwise pro- vided in these bylaws, may authorize any officer or officers, agents, to enter into any contract or execute any instrument or document in the name of and on behalf of the Association and such authority may be general or confined to specific instances. Unless otherwise required by law, formal contracts, promissory notes and other evidences of indebtedness, deeds of trust, mort- gages and other .corporate instruments or documents requiring the corporate seal, shall be executed, signed or endorsed by the President (or any Vice President) and by--the Secretary (or any Assistant Secretary) or the Treasurer. - Amendments Section 6.08. New bylaws may be adopted or these bylaws may be amended or repealed by the vote or written assent of members entitled to exercise a majority of the voting power of the Association. Regulatory Agreement Section 6.09' All owners, tenants, or their employees, or any other person that might use the facilities of the Project in any manner, are subject to the regulations set forth in these Bylaws and to the Declaration of Cov- enants, Conditions, and Restrictions of Georgetown Business Park. Acquisition, rental, or occupancy of any Unit shall constitute acceptance and ratification of the provisions of those Bylaws, and the said Declaration of Covenants, Conditions, and Restrictions of Georgetown Business Park. Assessments Section 6. 10-7 As more fully provided in the Declaration of Covenants, Conditions, and Restrictons of Georgetown Business Park, each member is obli- gated to pay the Association annual, special and expense assessments which are 15 I l secured by a continuing lien upon the unit against which the assessment is made. Any assessments which are not paid within thirty (30) days after the due date shall be delinquent and shall bear interest at the rate of ten per- , cent (10%) per annum from the due date until the date paid. The Georgetown Business Park Property Owners Association, Inc. may bring an action at law against the owner personally oligated to pay the same or record a notice of assessment pursuant to Civil Code 1356 and foreclose the lien against the Unit, and interest, costs, and reasonable attorneys' fees of any such action shall be added to the amount of such assessment. No owner may waive or other- wise esSape liability for the assessments provided for herein by nonuse of the Common Area. or abandonment of his Unit. 16 JNUTES REGULAR CITY COUNCIL MEETING .. .. .. .. i. i. r. r. .. .. r. r. .: i. �: i. J: .. r: .: •• n :� .. i. •. .. n r. i. .• R .: :V .. i n r. VII. PUBLIC HEARINGS B<�`CASE NO. TT 13915 - GEORGETOWN PARK, LTD. 1E. GEORGE MARZICOLA, ( appT rr NX-.—Goi+s-Yderation Of Approval Of A One-Year Extension Of Time On The Approval Of A Tentative Tract Map To Create A 40-Lot Industrial Subdivision On Approximately 34. 7 Gross Acres Within The S . I . , S .P . Zone At The Southeast Corner Of Cook Street And Hovely Lane Extended. Mayor Mullins declared the Public Hearing open and asked for Staff ' s report . Mr. Williams advised that the Council did consider this matter on December 28 , 1978 , as a Tentative Tract Map . Approval was granted. The applicant is requesting a one-year extension of time, and Staff finds that all conditions are still in order and recommends approval by Resolution No . 79-145 . Mayor Mullins invited input in FAVOR of the request. None was offered. He invited input in OPPOSITION to the request , and none was offered. He declared the Public Hearing closed. Councilman Brush inquired as to when the developer would be ready to commence, and Mr. Williams advised that the developer was finalizing his improvement plans and was prepared to go forward with it as soon as they were complete. Councilman McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 79-145 . Motion carried unanimously. A-Elio . PAII! 'E TION NO . 11 : Consideration Of Approval 0 T e Propose annexation No . 11 , Located At The Northeast Corner Of Cook Street And 44th Avenue , To The City Of Palm Desert , California. . Williams reviewed the Staff report , pointing out that Co ncil had previously reviewed it as a zone change request . He tated that LAFCo had approved the annexation as a logi- cal tension of the City' s boundaries . Staff recommended appro 1. Mayor Mullin declared the Public Hearing open and invited input in FAVOR of t e annexation. None was offered. He invited input in OPPOSITION o the annexation , and none was offered. He declared the Pu lic Hearing closed. Upon question y Council , Mr. Williams noted that the City of Indian - ells had been notified of this public hearing, and no esponse was received. Councilman McPherson m ved and Councilman Brush seconded to waive further reading and adopt Reso ution No . 79-147 . Motion carried unanimously. VIII . RESOLUTIONS A. RESOLUTION NO. 79-148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT , ANNEXING CERTAIN CONTIGOUS TERRITORY TO SAID CITY UNDER THE PR VISIONS OF THE MUNICIPAL ORGANIZATION ACT OF 1977 , WHICH PROCEED NGS ARE DESIGNATED AS ANNEXATION NO . 10 . Mr. Williams stated that this was a 40-acre parcel which Council had considered for pre oning for mobilehomes . It is a logical extension of th City' s boundaries , and Staff recommended approval. Councilman McPherson moved and Counci an Newbrander seconded to waive further reading and adopt Resolution No . 79-148 . Motion carried unanimously. December 13 , 1979 Page 3 RESOLUTION NO. 79-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING A 1-YEAR EXTENSION PURSUANT TO THE PROVISIONS OF SECTIONS 26.20. 140 OF THE PALM DESERT MUNICIPAL CODE OF THE APPROVED TENTATIVE TRACT MAP TT 13915. WHEREAS, the City Council of the City of Palm Desert, California, did recieve a request from GEORGETOWN PARK, LTD./E. GEROGE MARZICOLA for a 1-year time extension pursuant of Section 26.20. 140 of the Palm Desert Municipal Code of the approved Tentative Tract Map TT 13915, providing for 40 industrial lots on approximately 34.7 acres located at the southeast corner of Cook Street and Hovley Lane extended, more particularly described as : APN 619-060-016-3 WHEREAS, the City Council is empowered to grant time extensions of up to eighteen months for filing of the final map in Section 26.20. 140 of the Palm Desert Municipal Code; and WHEREAS, the City Council did find the following reasons to exist to justify the granting of said time extension: 1. Granting the time extension will not in any way adversely affect the public health, safety or general welfare. 2. The applicant is not proposing any changes to the project and the situation in the vicinity of the project is un- changed since the subject tentative tract was originally approved. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert, California , as follows: 1. That GEORGETOWN PARK, LTD./E. GEORGE MARZICOLA is hereby granted a 1-year time extension of the approval of Tenta- tive Tract Map 13915. 2. That the final map for Tract No. 13915 must be filed prior to December 14, 1980, to preserve the validity of said tract. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California , this 13th day of December, 1979 , by the following vote, to wit: AYES: Brush, McPherson, Newbrander, Wilson & Mullins NOES: None ABSENT: None ABSTAIN: None �UTAR$ D. MULLINS , Mayor I ATTEST: � L SHEILA R. GIC GAN, City/ lerk City of Palm Desert, California i' CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II . REQUEST: Approval of a one year extension of time on the approval of a Tentative Tract Map to create a 40 lot industrial subdivision on approximately 34.7 gross acres within the S. I . , S.P. zone at the southeast corner of Cook Street and Hovley Lane extended. III . CASE NO: TT 13915 i IV. APPLICANT: Georgetown Park Ltd./E. George Marzicola 73-743 Highway 111 Palm Desert, CA 92260 V. DATE: December 13, 1979 VI . CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Resolution No. 79-145. D. Letter of Request. E. City Council and Planning Commission Meeting Minutes involving Case No. TT 13915. F. City Council Resolution No. 78-172. G. Planning Commission Staff Report dated December 5, 1979. H. Related Maps and/or Exhibits. ------------------------------------------------------------------------------------ A. STAFF RECOMMENDATION: Waive further reading and adopt Resolution No. 79-145 , approving an extension of time of one (1) year on the approval of Tentative Tract 13915. B. DISCUSSION: This Tentative Tract Map for a 40 lot industrial subdivision was approved by the City Council on December 28, 1978, with no Council or audience discussion. Prior to Council approval , the Planning Commission approved the Tentative Tract Map, and a related Conditional Use Permit (CUP 15-78) on December 5, 1978, without comment. It appears that the conditions that warranted approval in 1978 still exist and, therefore, Staff recommends approval of a one (1) year extension of time, based on the justification in the Resolution. p r (K:pfn'� mxff nDwa= =)M=ap� t-�3 , , `. 7 t�S:J UE `'�' y20 45-275 PRICKLY PEAR LANE,PALM DESERT,CAUFORNIA92 �AEt/y- -. S. C 1F. � .��"�''"'�"�!`�� TELEPXONE(719) 346-0811 BZf to, iHSq., C'h at_ t'B. 4e��a e l �R D �"Y UNIVERSITY PLAZA, INC. 333 Hope St. Los Angeles, CA 90071 I /f C i i y 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 , » November 20, 1979 ° o F���R OFC1 t�'� CITY OF PALM DESERT F�>yoNMF 1 jg LEGAL NOTICE �9(,y�OF FRTF3 REQUEST FOR APPROVAL OF AN EXTENSION OF UP TO 1.5 YEARS FOR AN APPROVED TENTATIVE TRACT MAP TO CREATE A 42-LOT INDUSTRIAL SUBDIVISION FROM APPROXIMATELY 34.7 GROSS ACRES WITHIN THE.S. I . , S,P. ZONE AT THE SOUTHEAST CORNER OF COOK STREET AND HOVLEY LANE EXTENDED. CASE NO. TT 13915 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by E. GEORGE MARZICOLA for approval of a time extension of up to 1.5 years for an approved Tentative Tract Map to create a 42-lot industrial subdivision from approximately 34.7 gross acres within the S. I . , S,P. (Service Industrial , Scenic Preservation Overlay) zone at the southeast corner of Cook Street and Hovley Lane extended, more particularly described as: APN 619-060-016-3 i MAPffTT a ' z SAID Public Hearing will be held on December 13, 1979, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA GILLIGAN, City Clerk City of PalLn Desert, California PUBLISH: Palm Desert Post November 29, 1979 4t 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (7I4) 346-0611 November 20, 1979 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF AN EXTENSION OF UP TO 1.5 YEARS FOR AN APPROVED TENTATIVE TRACT MAP TO CREATE A 40-LOT INDUSTRIAL SUBDIVISION FROM APPROXIMATELY 34.7 GROSS ACRES WITHIN THE_S.I . , S.P. ZONE AT THE SOUTHEAST CORNER OF COOK STREET AND HOVLEY LANE EXTENDED. CASE NO. TT 13915 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by E. GEORGE MARZICOLA for approval of a time extension of up to 1.5 years for an approved Tentative Tract Map to create a 42-lot industrial subdivision from approximately 34.7 gross acres within the S.I . , S.P. (Service Industrial , Scenic Preservation Overlay) zone at the southeast corner of Cook Street and Hovley Lane extended, more particularly described as: APN 619-060-016-3 _# , o .vr{9 MAP S ff TT TT 4.2nd SAID Public Hearing will be held on December 13, 1979, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA D , GILLIC9N, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post November 29, 1979 �ti ee d auz //..dy >y CITY OF PALM DESERT, CALIFORNIA TREASUR R'S RECEIPT 3186 Y Z Received of: " r Date f *For ��L Account No. Arifount 0 W m N W Received : ITY TREASURER w U by c Total v a N Y W I U err - � ti iy i AL 4 SERVICES E November a19';`uf 9n'7�3 Mr. Paul Williams Director of Environmental Services Palm Desert, California 92260 Re: Tract No. 13 , 915 Dear Mr. Williams: The above referenced tract received tentative tract map approval by the Palm Desert City Council on 28 December 1978 . We are still in the process of completing all the necessary requirements for recordation and final tract approval by the Palm Desert City Council. We have approval of our engineering for sewers and water service from the Conchella Valley County Water District and have made all the engineering changes required by the Department of Public Works. However, it appears that we can not complete all the necessary requirements to apply for final approval by 28 December 1979 and, therefore, request a one year extension to the tentative tract map approval. Respectfully submitted, E. George:)arzi Enclosure: Fee Check ($50. 00) EGM:mw � s E. GEORGE MARZICOLA GROUP.73-743 HIGHWAY 111, PALM DESERT, CALIFORNIA 92260•PHONE(714)346-1173 o A"A poto A. LaNdTum Assodges October 11 , 1979 RECEIVED CONFERENCE REPORT OCT 171979 Project : Georgetown Park (8147 . 02) ENVIRONMENTAL SERVICES CITY OF PALM DESERT Parties : Paul A. Williams , AICP - Director of Environmental Services City of Palm Desert Patti Luthy ) PALA Leon M. Duletsky ) The above meeting was held to review the progress made on the Master Plan for the 43 . 5-acre site being a portion of the S.W. 1/4 of Section 10 , also being Parcel No . 3 of Parcel Map 13 ,406 , as recorded in Book 64 , Pages 66 , 67 and 68 TSS, R6E, S. B. B.M. , hereafter known as Georgetown Park. 1 . Paul stated that .the Marzicola Group had submitted to the Planning Commission a Development Plan and a tentative tract map in December of 1978 . They had received initial approval and had until December of 1979 to submit a final tract map in order to keep their approval valid. 2 . In reviewing the zoning for the parcel , PALA confirmed the J permitted uses for the property (Section 25 . 34 . 020) and that the planned commercial office buildings would be subject to a Conditional . Use Permit . Paul added that the Commission was aware of the Marzicola Group ' s intention to have a limited amount of commercial office buildings in the park fronting on Cook Street . 3. Paul stated that the final tract map submittal and the Conditional Use Permit were two separate applications but that they could be submitted at the same time. Paul presented PALA with the Design Review Board application form, the Conditional Use Permit application form, and the Development Plan- Industrial application form. Paul mentioned that the Planning Commission met once a month for such appli- cations and that this meeting was held on the first Monday nine days prior to the second Tuesday. To get on the agenda an application must be made on the first Monday of the previous month. Architects Incorporated, 1660 North Hotel Circle Drive, San Diego,California 92108, (714) 297-4817 Conference Report "147 . 02) Octoberll , 1979 Page Two 4. In reviewing the Master Plan, Paul mentionedthat the Commission had the prerogative to specify setbacks but that generally the . setbacks and the parking requirements would be as specified by use in the Zoning Ordinance . There is no provision for compact car allotment in Palm Desert and the parking would conform to that stated in Chapter 25 . 58 "Off-Street Parking and Loading". 5 . PALA wanted to confirm the screening and landscape for an S1/SP zoned area. Paul said that Section 2S . S6 . 310 described the requirements but that generally street frontages require a wall or berm with landscaping, and interior property lines would require a chain link fence , possibly vine covered. 6 . PALA confirmed that currently the City of Palm Desert was under the 1976 Uniform Building Code. Paul estimated that adoption of the 1979 edition currently before the City was two to three months away. 7 . Per a telephone conversation October 15 , 1979 , between PALA and Paul A. Williams and in reference to Item 3 above , to ensure inclusion in the agenda, submittal of all items , i . e . plans , forms , etc. , to be reviewed must be made one month prior to Commission meeting. The above notes are PALA' s understanding of the results of the meeting. If there is any discrepancy of these notes and any of the parties ' understanding, please notify me immediately. Submitted: Leon M. Duletsk Y Project Architect cc : "Paul A. Williams George Marzicola John Marzicola Don Starkey Ken King LMD/sp � 4 . 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 June 11, 1979 E. George Marzicola Company 73743 Hwy. 111 Palm Desert, CA. 92260 Re: Tract 13915 - Street Names Dear Mr. Marzicola: The City of Palm Desert does hereby approve the attached street names for Tract 13915. Please provide said names on the final tract map for recordation. Very truly yours , Paul A. WilliamS,AICP Director of Environmental Services lm/pw/ss Attachment cc: Lt.' Renny, Riverside County Sheriff ' s Department Riverside County Road Dept. , Indio and Riverside Offices Postal Service , Palm Desert Branch Dave Ortegel, Palm Desert Fire Marshal Clyde Beebe, Director of Public Works James Hill , Director of Building & Safety Coachella Valley County Water District Southern California Edison Company Southern California Gas Company General Telephone Company Chamber of Commerce File y r STREET NAMES FOR TRACT 13915 St. James Place Boardwalk St. Charles Place Mediterranean Avenue Beacon Hill I \ TYPIC 225 :. 27 `'I 26 1 \ \ 4 ` \ .,5.. { �\ I 25 \\ \ 24 23 \ 22 (/ 1� � I 1 \ 29 21 J 31 20 \ m R7 \ o \ 220 l \ 40 32 19 a _, 33 4 Y to �•\ 1 .i \ r' / 300 75 19 I „\ \ I Q \2� 24'fille.y -casement.. Hm� 34 \ \ 3 1. I - m \ 1 2-1 Alb,y E17 144 20 .1_ ancnl ;� m Ui \\ \ 2\\ \38 37 n• 36 . y 16 ��• , •—�-- , l \ -I �• 1'4 ' 12 ,-_� � •• VACANT I zzc 1 • I \\\ \ 2oJ iM1I•• 3- ^'\. M - T __ 1 - -\ \ • I • I e.ca.4 /T. RIVERSIDE COUNTY a FIRE DEPARTMENT COUNTY Jj > � IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY RIVERSIDE,,., ,;... DAVID L. FLAKE - COUNTY FIRE WARDEN 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 December 19, 1978 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 He: Street Names for Tract 13915 Dear Mr. Williams: We have reviewed the 1' '£ str et names. and recommend the following for approval: A-00—`_''i`� Entry Street 1. St. James Place 2. St. Charles Place lst Interior Street - Westerly 1. Boardwalk 2nd Interior Street - Northerly 1. Sutton Place / 2. St. Charles Place ✓1 3rd Interior Street - Southerly 1. Mediterranean Avenue ,/ 2. Sutton Place 4th Interior Street - Easterly 1. �a�ee RECEIVED Sincerely, DEC 19 1971 DAVID L. FLAKE ENVIRONMENTAL SERVICES 'ounty Fire Wamden CITY OF PALM DESERT David J. Ortegela Fire Marshal vld I 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 nuenaw December 5, 1978 LE DEC 07 1978 RIVERSIDE COUIv"n SURVEYOR To: All Interested Parties Subject: Street Names for Tract 13915 The City of Palm Desert is currently considering the request for ap- proval of street names for Tract 13915. Please review the attached map and list of names proposed for the subdivision to determine whether they are acceptable or should be modified. All comments should be returned to the Dept. of Environmental Services, P. 0. Box 1977 , Palm Desert, California, 92260, or call Mr. Lloyd Morgan at 714/346-0611 , ext. 51 . my yours, Faul A. Williams, AIP Dir. of Environmental Services lm/pw/ks cc: Lt. Froemming, Riverside County Sheriffs Dept. Riverside County Road Dept. , Indio & Riverside Offices Postal Service, Palm Desert Branch Dave Ortegel , Palm Desert Fire Marshal Clyde Beebe, Director of Public Works James Hill , Director of Building and Safety Coachella Valley County Water District So. California Edison So. California Gas General Telephone Chamber of Commerce File E. George Marzicola Co. , Realtors STREET NAMES FOR TRACT 13950 Entry Street 1._S.t" -James :P_1.ace" 2 . Boardwalk 3 . St. Charles Place lst Interior Street- iVesterly 1. Boardwalk 2. Park Place 3 . Marvin Gardens 2nd Interior Street- Northerly 1. Sutton-Place.. 2 Ls`*6P�1ce— 3. Atlantic Avenue 3rd Interior Street- Southerly 2 . Sutton Place 3 . Fssex Place 4th Interior Street- Easterly 1. B�a_don7Hi11'- 2. St. Charles Place 3 . Essex Place RECEIVED DEC 14', 1978 ENVIRONMENTAL SERVICES CITY OF PALM DESERT STRI'T i?." "'S CHECKED 1 • /� 26 25 24 23 w , 0 28 i \ \ 29\2 Nil I 20 32 AMC 5 f�.Ar_� I19loo ` • q r \ \ Al I 4 .3 3 �'vr 17 Y I \ r v \ C) j .,A^--r'\ �I 38 37 ,i, 36\ I'•'� 35 12 I r ' � I ��'\ `�I '.' !.-_-� _.��A1T4PR .N�L'+'P� \�Xc• _' 1 -3�-_`� _ � --"t' --- - - -� - i E. -'ORGE MAR21COLA COMPANY, REALTORS 73-743 Highway 111 (P.O. Box 47) Palm Desert.California 92260 R E A LTO R Telephone: 714 346-1 173 December 4 , 1978 Mr. Paul Williams, Director of Environmental Services City of Palm Desert 45275 Prickly Pear Lane Palm Desert, Ca. 92260 Dear Mr. Williams: This is to revise our previous suggestions for street names for Georgetown Park: Entry Street 1. St. James Place 2 . Boardwalk 3 . St. Charles Place 1st Interior Street- Westerly 1. Boardwalk 2. Park Place 3 . Marvin Gardens 2nd Interior Street- Northerly 1. Sutton Place 2. St. Charles Place 3 . Atlantic Avenue 3rd Interior Street- Southerly 1. Mediterranean Avenue 2. Sutton Place 3 . Pssex Place 4th Interior Street- Easterly 1. Beacon Hill 2. St. Charles Place 3 . Essex Place Since Iy, 1 E. George Marzicola EGM:mh REALTOR*-is a registered mark which identifies a professional in real estate who subscribes to a strict Cade of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS TYPi 27 04 2 6 25 24 23 -2 Lli fy ! 29 0 21 ----31 20 210 30- ------ 19 i5 .39 0 vh I \ t��.�-emcni - - 34 ,, - I , 11 r 3 24 17 ji !3!3 44 IX 38 37� 3 36 zz 0 0 27 \ 2^ u s \ 1 224 � 'v � 4 \ti � � \ j ` ° 2410 \ �. 23 `r f LLLLLL{ .111 I ' ♦ \ Q' \\\� 1 Li �.� f \ \ Rh I y __ 29 0 ��� _..v, 21Flo . iJl m r< \\ i I `� 1 20 go rs 32 15LLI \ _ ^\ —� ., .,�W cry 33 300 J. 39 �� o \14, 24'AUey Gosemen}.. 3 14 ly a 4 \ T \\ / = 17 ' 1301 a UI \ 38 37 \ 36 16 ry 12 ZZO \4 \ a.� Q.� � c 4•G Zoo /.. /� \ \ ,1 c�� \\ \�\ i tel:-- ..•a, E.GEORG 4RZICOLA COMPANY,REALTORS 73-743 Highway 111 (P.O.Box 47) Palm Desert,Celifemia 92260 R E A LTO R° Telaphohe:714 346.1173 November 29 , 1-978 Mr. Paul Williams Director of Environmental Services City of Palm Desert 45275 Prickly Pear Lane Palm Desert, Ca. 92260 Dear Mr. T•Tilliams: We would like to submit the following street names for the Tentative Tract Map 13915 filed with your office on November 6 , 1978 : Internal Circulation Street with Entry Way from Cook Street- 1. First choice- Via Milano 2 . Second choice- Via Roma 3 . Third choice- Via Bologna East Circulation Street with Entry from Hovely Lane- 1. First choice- Via Abruzzi 2 . Second choice- V}a—Si-c±i-i- 3 . Third choice- Vaa_Ba�i We trust these names meet with your approval. Sincerely, LOS OCINERO , LTD. E. George A9arzicol General Par n EGM:mh RECEIVED NOV 2 . 197 ENVIRONMENTAL SERVICES CITY OF PALA1 DESERT afALiORO—is s registered mark which Identifies a professional in reel estate who subscribes to a strict Code of Ethics as a member of the NATIONAL ASSOCIATION OF REALTORS, 26 2ti 24 23 Iv 1 0'? Li 2,2 fy 29 2i x 31 20 32 ,7 1, \ 33 soo1\ Y'\ \ �/ r rsJ \ 705 \39 neni Lan �L - I 20 V c) oi 38 230 ul 1 LLW0 ol 2 1?0 0 4 'o 0 3 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (T14) 346-0611 December 5, 1978 To: All Interested Parties Subject: Street Names for Tract 13915 The City of Palm Desert is currently considering the request for ap- proval of street names for Tract 13915. Please review the attached map and list of names proposed for the subdivision to determine whether they are acceptable or should be modified. All comments should be returned to the Dept. of Environmental Services, P. 0. Box 1977, Palm Desert, California, 92260, or call Mr. Lloyd Morgan at 714/346-0611 , ext. 51 . my yours, Paul A. Williams, AIP Dir. of Environmental Services lm/pw/ks cc: Lt. Froemming, Riverside County Sheriffs Dept. Riverside County Road Dept. , Indio & Riverside Offices Postal Service, Palm Desert Branch Dave Ortegel , Palm Desert Fire Marshal Clyde Beebe, Director of Public Works James Hill , Director of Building and Safety Coachella Valley County Water District So. California Edison So. California Gas General Telephone Chamber of Commerce File E.-George Marzicola Co. , Realtors �T 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 December 5, 1978 To: All Interested Parties Subject: Street Names for Tract 13915 The City of Palm Desert is currently considering the request for ap- proval of street names for Tract 13915. Please review the attached map and list of names proposed for the subdivision to determine whether they are acceptable or should be modified. All comments should be returned to the Dept. of Environmental Services, P. 0. Box 1977, Palm Desert, California, 92260, or call Mr. Lloyd Morgan at 714/346-0611 , ext. 51 . my yours, Paul A. Williams, AIP Dir. of Environmental Services lm/pw/ks cc: Lt. Froemming, Riverside County Sheriffs Dept. Riverside County Road Dept. , Indio & Riverside Offices Postal Service, Palm Desert Branch Dave Ortegel , Palm Desert Fire Marshal Clyde Beebe, Director of Public Works James Hill , Director of Building and Safety Coachella Valley County Water District So. California Edison So. California Gas General Telephone Chamber of Commerce File E. George Marzicola Co. , Realtors 1 _ \ 26 9 25 l r \ ,i0 \ „~ 1 V - / 24 `\ I TRQc-7" /3 y/s 23 zo ' � 21 \ Ln 20 ..\ d 7uj 73 l 1 '• 19 f: 0 39 `z 24'a0r -<���, \..3�\\ a -- , 3 81, 36\ IV 26 25 r-1V 1 v _ 24 TRAc \• 12Ly IQ /.,. In I 21 \ 111 I Jet n `� r j� i \ �� \ - 2-'l' ��^ • � � Ln � o 100 19 r..tj4 .• <. I f �yT 33 r' / -�_'•� % � '� �` �� •� n 1B i \ I \� $ - i T U z \ All 38 5 \ IN/ r -- - � RIr4l 27 \ O 26 � r. 1, 25 �o 24\ I\\ . 1, �, -,N� �, � W -rRAcl i \ It 23 �� C \ 2 9 J \2 \C 21 ! { 2 1_ " I o AM , e' 31 2032 \ SS o o 15 �� > :nr 3 \moo t wi• ' -._„ "' f 1\ I�/ \ 39 17 I u ti ,.,, 'IX y t \ \ At I-ct5cment.: � h°' . '33 34 \\ 3 III \ \ ( a+. au.. r_� \\ \\\ n \ \ \ • � U, _Ye5' ____ t ��� .37\ \6 Iv . / � I ~� 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 February 5, 1979 First American Title Insurance Co. 3625 Fourteenth Street Riverside, CA 92502 Attn: Kathy Brown Re: Tract 13915 Dear Ms. Brown: Responding to your request of -January 29, 1979, the subject tract is presently zoned S. I. (Service Industrial ) (U.A. ). The zoning surrounding said tract is: North - PR-4 South - S. I . East - PR-4 West - S. I. We also enclose a copy of the Notice of Determination and minutes of the meeting which approved said map. If there is any further information required, please contact the Staff of the Department of Environmental Services. ,.�ruly yours, Paul A. Williams Zoning Administrator lm/pw/ss Enclosures 45 T A M E R First American Title Insurance Company 3625 FOURTEENTH STREET, (P.O. BOX 986) RIVERSIDE, CALIFORNIA 92502 • (AREA 714)684-1600 0 January 29, 1979 City of Palm Desert Planning Department 45275 Prickly Pear Lane Palm Desert, California RE: TRACT NO. 13915 Gentlemen: Please provide us with a letter on your letterhead verifying the zoning on the above referenced Tract. Also, please provide us with a letter as to the zoning on the property to the North, South, East and West of said Tract. Also, please provide us with a copy of the Notice of Determination and Negative Declaration for said Tract, along with a copy of the minutes wherein the tenative map was approved. Thank you for your cooperation in this matter. Kathy rown Subdivision Secretary Izr� P2 enclosures r- [LAA•L f� �• �' 'a�vWRpNOV�gp�J �ySL�ZT NOTICE OF DETERMINATION (Negative Declaration) TO: (L Office of the County Clerk From: City of Palm Desert County of Riverside 45-275 Prickly Pear Ln. 4050 Main Street Palm Desert, Ca. 92260 Riverside, Ca. 92501 ( ) Secretary for Resources 1416 Ninth St. , Room 1311 Sacramento, Ca. 95814 SUBJECT: Filing of Notice of Determination in compliance with Section 15O83(f) of the State EIR Guidelines. Project Title/Common Name Georgetown Park Ltd. /E. George Marzicola State Clearinghouse Number if submitted to State Clearinghouse Contact Person Telephone Number Murrel Crump Area Code (714) 346-0611 Project Location Southeast corner of Cook Street and Hovely Lane extended. Project Description Tent . Tract Map and Cond, Use Permit to create a 40 lot Indus- trial Planned Unit Developemnt on approx. 34. 7 gross acres. This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project has been approved by the City; 2. The project {--j-wttt ( will not have a significant effect on the environment; 3. An Environmental Impact Report was not prepared in connection with this project; and 4. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration may a examined at the above City Hall address . Date Received for Filing Dated: PROOF OF PUBLICATION (20101 2015.5 CCP) PROOF OF PUBLICATION OF LEGAL NOTICE TT 13915 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the -- -- - - — - above entitled matter. I am the ' '..�CI,,TT�YiEcaiNOTCEERT. — principal clerk of the printer "REOUESTFORAPPROVALO A'TPNTATIVETTRACTMAP TO CREATE A 42-LOT INDUSTRI A` SUBDIVISION FROM A PROX I MATE uY1*347 GROSS ACRES WITHIN THE S I , S.P. ,. of PALM DESERT POSTS a newpaper of IA.) ZONE=P�HE SOUTHEAST CORNS OF COOK STREET AND HOV ELY LANE EXTENDED.A ,.C;�:, general circulation, printed CASE NO. TT.13915 NOTICE IS.HEREBY GIVEN }hot o*CORN Q'wlll be held before the Palm Desert CI1V and published daily in the Council to considerga reauestby E..GEORGE MARZICOLA for approval of o Tentative Tract Map to create a d2-1ot,industriol�subdivision.from,approximetelY 34.7 gross acres within the S.1., 5.P. city of Riversides County of (U.A.) 'Service Jndustrial, Scenit Presorvatlon Overlay,'Upon Annexation) zone at the southeast corner of Cook Street and Hovels Lane extendedAmore:particularly described as: Riversides and which newspaper ^.^?.NW6:9060°161' has been adjudged a newspaper of general circulation by the t �� Superior Court of the County offl � : Riversides State of California* F r under date of October 5, 1964, Case number 83658; that the notice* of which the annexed is a printed copy* has been published in each regular and entire issue t of said newspaper and not in any `� - ' KEY MAP supplement thereof on the following " =TT ; ; dates* to-wit: 13eiS \ a nn 11 aw; 12114 9.197$ SAID Public Hearing will be held on ThursdaV,iDecember 2*, 1970, at 7:00 p.m. in the Council Chambers in the Palm Desert CRY Hall;,45475gPrICkIV Pear Lane, Palm Desert, California, at wh<h time anee pplace all Interest¢d Persons ore invited to attend and be heard. I Certify (or declare) under SH�ILA R:'GILLIGAN, CIty Clerk penalty of perjury that the citvotPalm Desert, California PDP.12nen�i foregoing is true and correct. Dated December 14, 1978 at Riversides California CITY OF PALM DESERT 7 RESOLUTION NO. 78-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO CREATE A 40 LOT INDUSTRIAL SUBDIVISION. CASE NO. TT 13915 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of December, 1978, hold a duly noticed Public Hearing, to consider a request by Georgetown Park, Ltd/E. George Marzicola, for approval of a tentative Tract Map to create 42 industrial lots on 34.7 acres (to be developed under Conditional Use Permit) within the SI , SP (UA) (Service Industrial , Scenic Preservation Overlay, Upon Annexation) zone at the South- east corner of Cook Street and Hovely Lane extended, and more particularly described as : APN 619-060-016-3 WHEREAS, said application has complied with the requirements of the City of Palm Desert Environmental Quality Procedure Resolution 78-32, in that the subject project has been previously assessed under C/Z 11-78 and DP 14-78, and no further evaluation is deemed necessary; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve the Tentative Tract Map: 1 . The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act, as amended. l 2. The subject Tentative Map does comply with the adopted General 1 Plan and the Palm Desert zoning ordinance. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in this case; 2. That it does hereby approve the above described Tentative Map No. 13915 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council , held on this 28th day of December , 1978, by the following vote, to wit: AYES: Brush , McPherson, Wilson & Mullins NOES: Newbrander ABSENT: None ABSTAIN: None ARD D. !7ULLINS, MAYOR A,TTEST�2 SHEILA R. GILLIGAN, CITY CLE V CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 78-172 Page Two CONDITIONS OF APPROVAL TRACT NO. 13915 Standard ConditionS : 1. The development of the property described herein shall be sub,;ect to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and State and Federal statutes now in force , or which hereafter may be in force. 2 . Full public improvements including traffic safety lighting as required by Ordinance and the Director of Public 19orks , shall be installed in accordance with City Standards . y 3. Access rights on Cook Street mad Hovely Lane shall. h,. offered to the City as a dedication on the Final Map. 4 . The C . C. & R' s for this development shall be submitted to the Director of Public 11.orks for review and approval prior to the issuance of any building permits . Prior to recordation of the final subdivision map , the applicant shall submit to the Director of Public 11"orks : 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 . 5 . Improvment plans for water and sever system shall meet the require- ments of the respective service districts . 6. Area shall be annexed to appropriate Improvement Districts having jurisdiction over the subject area. 7. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert , without cost to the City and free of all liens and' encumbrances. 8. All on-site utilities , including cable TV, shall be placed under- ground and shall be completely concealed from view except certain appurtenances as may be approved by the Director!- of Environmental Services. 9. Complete plans and specifications shall be submitted as required by Ordinance to the Director of Public i''orks for checking and approval before construction of any improvements is commenced . The sub- divider shall sumit "as-built" plans prior to acceptance of the subdivision improvements by the .City . 10. In order to maintain reasonable fire protection during -the con- struction period, the subdivider shall maintain passable vehicular access to all buildings . An adequate number of fire hydrants withe required fire flows shall be installed as. recor.,mended by the Fire 'Marshal . 11. All requirements of the City Fire Marshal shall be met as a part of the development of this tract per attached memorandum. 12 . Drainage shall be subject to approval of the Director of Public 1'"'orks . Applicant shall provide engineered data as requested. 13 . All requirements of the Planning Commission action on related - case No . CUP 15-7S shall be met as a part of the development of this tract . 14 . The total number of lots shall be limited to 40 . 15 . The applicant shall have twelve ( 12 ) 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 of up to eigliteen ( 18) months is granted by a Resolution of the City Council . 1 RESOLUTIO` NO. 78-172 Page Three Special Conditions : 1 . That individual access to lots from Cook Street and Hovely Lane shall be prohibited and such restriction shall be noted in the final map. 2. That perimeter treatment in accordance with the following guide- lines shall be reviewed in the Design Review process for detailed approval and installed as a part of this tract : a. Cook Street - Blowsand/windscreen protection consisting of Tamarisk trees, oleanders, and a wall (30' setback area), with decorative landscaping carried into the parkway. b. Hovely Lane - Installation of a minimum 5 ' to 7 ' wall , in- stalled ten feet back from property line with decorative landscaping installed between the wall and curb line. 3. That median islands shall be installed on Cook Street and Hovely Lane and improved to the specifications of the Director of Public Works. 4 . That the alley easement illustrated to the rear corner of proposed lots 15 and 20 of the Tentative Tract flap shall be lengthened to 100 ft . along the common property line between proposed lots 15 and 20. RESOLUTION NO. 78-172 Page Four ew 1 PIVEPSICE COUNTY T i �. iE FIRE DEPARTMENT u.-_. �� IN COOPERATION WITH THE J�'(S,i= _. .. =�1• , CALIFORNIA DEPARTMENT OF FORESTRY Rf1'6N.1IDE DAVfD L. FLAKE COUNTY FIRE WARDEN 210 ,EST SAN IACiNTO STREET _ PE.RRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 I Novomber 20, 1978 i Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: Tentative Tract No. 13,915 Dear mr. 'Nillip-s: Provide the following fire protection in accordance: 1. Install a water system capable of delivering 3000 GPM fire flow from any fire hydrant for a three hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants located at each street intersection (a) but not greater than 300 feet apart in any direction. 111 A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. B. Curbs shall be painted red 15 feet in either direction from each hydrant. 3. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Tract No. 13,915 is in accordance with the requirements prescribed by the Fire Klarshal.11 Upon approval, the original. plan will be returned to the developer. 5. - Prior to delivery of combustibip materials to the building site, the required water system shall be installed, operating and delivering the required flow. Very truly yours, DAVID L. FLAKE Fire Chi / i �David '0 tege Fire ::arshal zt m„ alb alw 1 vld 110\i ENVIRONMIENTAL SZRVICES CITY OF PALM DESERT Mayor Mullins declar dest the Public Hearing open and invited input in FAVOR of the re . MRLered. VA UGH, Developer, addressed Council stating thd nothing to add and that he was in agreement wianning Commission and Staff. Mayor invited input in OPPOSITION to the request , and none wed. He declared the Public Hearing closed. Counciherson moved and Councilman Wilson seconded to waive further and adopt Resolution No . 78-171 , approving the Tentative Trasubject to the conditions of approval . Motion carried on acilman Newbrander voting NO . C. CASE NO. TT 13915 , GEORGETOWN PARK LTD/E . GEORGE MARZICOLA, Applicant : Request for Approval o a Tentative Tract Map To Create a 40-Lot Industrial Planned Unit Development on Approximately 34. 7 Gross Acres Within the S . I . , S . P . (U .A. ) (Service Industrial , Scenic Preservation Overlay, Upon ` Annexation) Zone at the Southeast Corner of Cook Street and Hovely Lane Extended. Mr. Williams reviewed the request and the Staff Report pointing out that as a part of Council's consideration of the prezoning of C/Z 11-78 , there were a total of 85 acres zoned. Service Industrial. This Tentative Tract Map deals with about 35 acres of this property. The Planning Com- mission recommended approval by their Resolution No . 433 , and Staff concurred. This approval was subject to 15 standard conditions and 4 special conditions . Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the request. MR. GEORGE MARZICOLA, Developer, addressed the Council stating that he was in agreement with Staff, he accepted the conditions imposed, and he was ready to proceed . Mayor Mullins invited input in OPPOSITION to the request , and none was offered. He declared the Public Hearing closed. Councilman McPherson moved and Councilman Brush seconded to waive further reading and adopt Resolution No . 78-172 , approving the Tentative Tract Map , subject to the conditions of approval . Motion . carried on a 4-1 vote with Councilman Newbrander voting NO. She explained that she was not against this development nor the previous one , just the location. &^1 TQ ' �T?O.VACATE_a 4' Wide Walkway in Desert Garden Homesites \Tract Under the Prov—o of Part 3 , Division 9 , of the treets and Highways Code. Mr. Bouman_ stated that this was a followup to the vacation iniation action taken by the Council at a recent meeting . It is convenient and advisable to relocate the walkway from the westerly side to the easterly side. We get a trade in kind except that the new easement would be 6 ' wide . The new deed has,,been presented to the City. Mayor Mullins declared the Public Hearing open and invited input in FAVOR of the vacation ; none was offered. Mayor Mullins invited input in OPPOSITION to the vacation , and none was offered. He declared the Public Hearing closed. Councilman Newbrander moved� to waive further reading and adopt Resolution No. 78-174 , approving the'•,vacation and authorizing the City Clerk to record and approving the action of the Director of Building an Safety in extending a one-year extensi0 on Building Permits No . B3270 and No. B3271. Councilman McPherson sec ded the motion; carried unani- mously. CITY cmuw l L_ December 28, 1978 Page 3 i CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: HONORABLE MAYOR AND CITY COUNCIL II. REQUEST: Request for approval of a Tentative Tract Map to create a 40 lot Industrial Planned Unit Development on approximately 34.7 gross acres within the S. I. , S.P. (U.A. ) (Service Industrial , Scenic Preservation Overlay, Upon Annexation) zone at the Southeast corner of Cook Street and Hovely Lane extended. III . CASE NO: TT 13915, Georgetown Park, Ltd./E. George Marzicola, Applicant IV. DATE: December 28, 1978 V. CONTENTS: A. Staff Recommendation B. Draft Resolution No. 78- 172 C. Planning Commission Meeting minutes involving case No. TT 13915. D. Planning Commission Resolution No. 433. E. Planning Commission Staff Report dated December 5, 1978. F. Related maps and/or exhibits. A. STAFF RECOMMENDATION: Approve the Tentative Tract Map based on the justification provided in the draft Resolution. 1 RESOLUTION NO. 78-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO CREATE A 40 LOT INDUSTRIAL SUBDIVISION. CASE NO. TT 13915 WHEREAS, the City Council of the City of Palm Desert, California, did on the 28th day of December, 1978, hold a duly noticed Public Hearing, to consider a request by Georgetown Park, Ltd/E. George Marzicola, for approval of a tentative Tract Map to create 42 industrial lots on 34.7 acres (to be developed under Conditional Use Permit) within the SI, SP (UA) (Service Industrial , Scenic Preservation Overlay, Upon Annexation) zone at the South- east corner of Cook Street and Hovely Lane extended, and more particularly described as: APN 619-060-016-3 WHEREAS, said application has complied with the requirements of the City of Palm Desert Environmental Quality Procedure Resolution 78-32, in that the subject project has been previously assessed under C/Z 11-78 and DP 14-78, and no further evaluation is deemed necessary; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve the Tentative Tract Map: 1 . The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert zoning ordinance. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in this case; 2. That it does hereby approve the above described Tentative Map No. 13915 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED, at a regular meeting of the Palm Desert City Council , held on this 28th day of 1978, by the following vote, to wit: lAYES NOES: J ABSENT: ABSTAIN: EDWARD D. MULLINS, MAYOR ATTEST: SHEILA R. GILLIGAN, CITY CLERK CITY OF PALM DESERT, CALIFORNIA RESOLUTION NO. 78-172 Page Two CONDITIONS OF APPROVAL TRACT NO. 13915 Standard Conditions : 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 municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 2 . Full public improvements including traffic safety- lighting as required by Ordinance and the Director of Public Corks , shall be installed in accordance with City Standards . 3. Access rights on Cook Street stnd Hovely Lane shall b,: offered to the City as a dedication on the Final ;,Sap. 4 . The C. C. 8. R' s for this development shall be submit ted to the Director of Public Works for review and approval prior to the issuance of any building permits . Prior to recordation of the final subdivision map , the applicant shall submit to the Director of Public Works : 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 . 5. Improvment plans for water and sewer system shall meet the require- ments of the respective service districts . 6. Area shall be annexed to appropriate Improvement Districts having jurisdiction over the subject area. 7. All dedicated land and;or easements required by this approval shall be granted to the City of Palm Desert , without cost to the City and free of all liens and encumbrances. 8 . All on-site utilities , including cable Tv, shall be placed under- ground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 9 . Complete plans and specifications shall be submitted as required byOrdinance to the Director of Public forks for checking and approval before construction of any improvements is commenced . The sub- divider shall sumit "as-built" plans prior to acceptance of the subdivision improvements by the .City . 10. In order to maintain reasonable fire protection during .the con- struction period , the subdivider shall maintain passable vehicular access to all buildings . An adequate number of fire hydrants wizhe required fire flows shall be installed as. recom:nended by the Fire Marshal . 11 . All requirements of the City Fire Marshal shall be met as a part of the development of this tract per attached memorandum. 12. Drainage shall be subject to approval of the Director of Public Works . Applicant shall provide engineered data as requested. 13 . All requirements of the Planning Co:rmission action on related case No . CUP 15-7S shall be met as a part of the development of this tract . 14 . The total number of lots shall be limited to 40. 15 . The applicant shall have twelve ( 12 ) 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 of up to eighteen ( 1S) months is granted by a Resolution of the City Council . l RESOLUTION NO. 78-172 Page Three Special Conditions : 1 . That individual access to lots from Cook Street and Hovely Lane shall be prohibited and such restriction shall be noted in the final map. 2. That perimeter treatment in accordance with the following guide- lines shall be reviewed in the Design Review process for detailed approval and installed as a part of this tract : a Cook Street - Blowsand/windscreen protection consisting of Tamarisk trees, oleanders, and a wall (30' setback area), with ecorative landscaping carried into the parkway, b. Hovely Lane - Installation of a minimum 5 ' to 7 ' wall , in- stalled ten feet back from property line with decorative landscaping installed between the wall and curb line . 3. That median islands shall be installed on Cook Street and Hovely Lane and improved to the specifications of the Director of Public Works. 4. That the alley easement illustrated to the rear corner of proposed lots 15 and 20 of the Tentative Tract Map shall be lengthened to 100 ft . along the common property line between proposed lots 15 and 20. RESOLUTION NO. 78-172 Page Four r�,•w; \ RIVEPSICE COUNTY I _ FIRE DEPARTMENT w ll hlli: !O!-\ ]')' ,:�9w IN COOPERATION WITH THE ± � •'{ - ,f' CA�-iFOR N!A DEF'A RT MENT OF FORESTRY — — - --- DAVID L. FLAKE �OUNTY FIRE WARDEN 21D WEST SAN ,AC NTO STREET _ PERRIS, CALIFORNIA 92370 TELEPHONE (7131 657-3183 P,ovember 20, 1978 i Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 922bC He: Tentative Tract 'No. 13,915 Dear Yr. Williams: Provide the following fire protection in accordance: 1. Install a water system capable of delivering 3000 GP.: fire flow from ary fire hydrant for a three hour duration in aadition to domestic supply. The computation shall be based upon a minimum of 20 psi residaa_ operating pressure in the supply main from which the flow is measured at the time of measurement. ( 2. Install Riverside County super fire hydrants located at each street intersection (a) but not greater than 300 feet apart in any direction. l A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. B. Curbs shall be painted red 15 feet in either direction from each hydrant. 3. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marsnal for review. 4. The rater system plan shall be signed by a regist :red civil engineer ana appr,�ed by the water company, With the following certification: 11I certify that the iesign of the water system in Tract No. 13,915 is in accordance with the requireme:_ts prescribed by the Fire 11,.arsaal. 11 Upon approval, the original plan will ne retarned to the developer. 5. -Prior to delivery of comOustib]r.materials to the building site, the required water system shall be installed, operating and delivering the required flow. Very truly yours, DAVID L. FLAKE Fire Ohl David T . Crtegei Firs =Iarchal . r`itwt Ce S. I r .� ✓ld fvov w 1 ,^.. ENVIPONNIENTAL S=RVICES Crry OF PALM DESERT Minutes Palm Desert Planning Commission December 5 , 1975 Page Six VI . PUBLIC HEARINGS (Cont . ) G. Case Nos. TT 13915 and CUP 15-78 GEORGET0WN PARK, LTD. / E. GEORGE MARZICOLA, Applicant Request for approval of a Tentative Tract Map and Conditional Use Permit to create a140 lot Industrial Planned Unit Development on approximately 34 . 7 gross acres within the S. I . , S.P. (U .A. )- zone at the south- east corner of Cook Street and Hoverly Lane extended . Mr. Crump reviewed the staff report ahtl' the conditions of approval . Vice-Chairman Snyder declared the Public Hearing open and asked if the applicant wished to speak at this time. KEN KING, Civil Engineer, represeniting the applicant , noted his agreement with the condittdons .of . approval . Vice-Chairman Snyder asked if there was anyone- wishi.ng. to speak in FAVOR or in OPPOSITION to the casesn Being none , .he =de-- clared the Public Hearing closed and asked .for the pleasure of: the Commission. On a motion by Commissioner Kryder, seconded by Commissioner Berkey, the Commission approve the Conditional Use Permit by Plan ning Commission Resolution No. 432 and by Planning. Commission Re- solution No. 433 , recommended approval of the-Tentative- Tract to the. City Council ; carried (4-0-1) AYES : Berkey, rFleshman ;_Kryder , Snyder; ABSTAIN: Kelly. mmis,s1on�eshman excused himself;,from--"the following three ses, due to a conflict of interest . H. - - T&D INVESTMENTS/PRO-CON DEVELOPMENT.-, A licant Requ t for approval of a Development Plan to allow 50 res ential condominium units on approximately 10 gross acres within the PR-5 (U;xA. ).Ezone on the north side of H ely Lane, east of ,Monterey Avenue. Mr . Williams rev wed the staff reportLknd noted the concerns of the Design Review Bod . He noted that the,DRB wants the shaded parking as proposed as we\l as apron parking.;.z Mr . Williams noted that both the DRB and the anning Commission•.will be reviewing the case again. Commissioner Berkey sugg sted that in ,Special Condition No . 2, the word "achieve" be change to "consider" . Chairman Kelly declared the ublic Hearing open and asked if the applicant wished to speak at t ' s time. I(( DAVID MOSS , representative of T&DsInvestments, L addressed the Commission an asked that they consider the parking as proposed and not require the additional apron parking n the project . Chairman Kelly asked if there was an one wishing to speak in - FAVOR or in OPPOSITION to the proposed pro ect . Being none, she de- clared the Public Hearing closed and asked or�rthe pleasure of the Commission . On a motion by Commissioner Berkey, se'co ded by Commissioner Kryder , the Commission approved the Development Plan with the noted change to Special Condition No. 2 by Planning C mission Resolution No. 434 ; carried (4-0-1 ) AYES: Berkey , Kelly, ; ryder , Snyder ; ABSTAIN: Fleshman R CITY OF PALM DESERT STAFF REPORT TO: Planning Commission REPORT ON: Tentative Tract Map and Conditional Use Permit to Develop a 42 lot Industrial Planned Unit Development APPLICANT: Georgetown Park, LTD - E. George Marzicola CASE NOS: TT13915 and CUP 15-78 DATE: December 5, 1978 1. REQUEST: Request for approval of- a Tentative Tract Map and Conditonal Use Permit to create a 40 lot Industrial Planned Unit Development on approximately 34.7 gross acres within the S.I. , S.P. (U.A. ) (Service Industrial , Scenic Preservation Overlay, Upon Annexation) zone at the Southeast corner of Cook Street and Hovely Lane extended. II. BACKGROUND: A. Previous Pertinent Cases: 1. C/Z 11-78, change of zone from "S" to PR-5, SP (UA) , PR-5 (UA) , SI , SP (UA) and SI (UA) , establishing pre- annexation zoning for the subject site. Approved by the City Council 11-9-78. 2. DP 14-78, Planned Residential and Industrial Development, approved with the above change of zone---only illustrated a minimum of detail for the industrial area. The subject CUP would take the place of an Amended Development Plan. 3. PM 13406, parcel map creating 4 parcels from the original 158 acres. The subject Tentative Tract occupies parcel no. 3 of that map, approved by the Planning Commission on 10-3-78. B. Environmental Assessment: Previously assessed under C/Z 11-78, DP 14-78, and PM 13406, and no further evaluation is deemed necessary. C. Range of lot sizes: Approximately 14,500 sq. ft. to 102,000 sq. ft. D. Major Tract Improvements: Related improvements to Cook St. , extension of Hovely Lane and internal private loop street. III. DISCUSSION: The Conditional Use Permit being sought with this Tentative Tract Map provides for an Industrial Planned Unit Development, in which lot sizes may be permitted to be reduced below 20,000 sq.ft. and buildings combined to form a zero lot line development pattern on smaller lots. A similar approach was taken in the Industrial Subdivision to the South (Cliff Swanson, TT13236). A. Lot Development: The lots illustrated adjacent to Cook Street are the largest in the proposed tract. They would probably each contain a single major tenant. The balance of the lots in the tract are somewhat smaller and it would be advantageous to develop in the zero lot line Case Nos. TT13915 and CUP 15-78 page two December 5, 1978 III . DISCUSSION: (cont. ) configuration allowing the side walls of buildings to be in common or butting against each other. In this way, parking lot areas may be joined and unified and access for deliveries and storage is made more convenient. It appeared that two of the orignally proposed lot areas could better be utilized if joined with the adjacent lots. In re- sponse to this observation the applicant has amended his pro- posal to reflect a total of 40 lots (versus 42 lots sought in the original application) . B. Access/Circulation: The proposed tract is served by one major entrance from Cook Street and takes access, via a private street, from the tract to the south and Hovely Lane. Direct access from lots to Cook Street and Hovely Lane is to be precluded (See pecial Tentative Tract Condition No. 2) . Internal tract circulation is by means of a loop street with the mentioned connections to Cook Street and Hovely Lane. In the interior where lots back together, a 24' alley easement has been provided to simplify large semi-truck deliveries and other circula- tion requirements. C. Perimeter Treatment: Continuity will need to be maintained along the perimeter of projects adjacent to Cook St. The precise design for perimeter treatment of the industrial park to the South has not been detailed through Design Review. The recommended criteria for treatment along Cook Street and Hovely Lane is as follows : 1. Wind screen/blowsand protection on Cook Street with 30' setback from the property line, (buildings may be obscured by this planting, therefore, identification signs may be, permitted in front of the screening). 2. Minimum 5'-7' high wall set 10' back from the property line with landscaping on Hovely, maintaining a 25' building set- back. 3. Median island development in both Cook St. and Hovely Lane. IV. STAFF RECOMMENDATION: Based on the justification provided in the attached Resolutions : Approve CUP 15-78, by adopting Planning Commission Resolution No. Recommend approval of TT13915 to the City Council , by adopting Planning Commission Resolution No. L1 '. IN THE CITY Of PALM DESERT , COVNTY OF RIVERSIDE _ TRACT e+ �q1 i �� 0 �2 O I BEING A PORTION OF THE SW 1/4 OF SECTION 10, ALSO DEINO PARCEL NT 3 OF P.M. 13.406. AS RECORDED IN DOOM 64 PAGES 66,67 D 66 T55 R6E, S.O.D.M ••, _ E46 f+LC.N 1 t MAY 1979 I V 5750 zj f SCALE I"-M' ` - �'�_. _ 23 Ld II 6) NI' ZO497 SJ +.^`/� ��Fy, L4,921 a5°la` 3` -------------- -F. ! .. u.r.,.c �fl } I 24 Z•'!G � 0 �53,753 I.F. y' Y, �qti L� 7 _ _ 4 R� c. 1 ,'II 5".fl41 zl 04l n 57, JAMES PL i) 2 ..zl,lsa , rr. 48. ..I I m - JJ '1 A ,1 ,/ n / Z3168 / ,� ♦ ` �' 53,569 goI f /1 Y: ° O 11.315 sr. �' _ .-. ..,k' "_ - I'• I 1e.4-14 r, � I I F �. 37 ij 14,4zz;'14,Soc' 14500; ° 14,931 zs,a 4C SF�A ,1 122 • ` i' MEOITERA CAN d 1 'Q 11.499 S F -� ,J O ± $ R J $ J n 9 I,`� --I ISI84 Ib In 'J 14 zoo. + 1 1 2145001 4,9oo^V ZISao's7 - r- -1 A. 1� ~ — - 1 45-275 PRICKLY PEAR LANE,PALM DESERT,CAUFORNIA92260 TELEPHONE(714) 346-0611 November 17, 1978 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO CREATE A 42-LOT INDUSTRIAL SUBDIVISION FROM APPROXI- MATELY 34.7 GROSS ACRES WITHIN THE S.I., S.P. (D.A.) ZONE AT THE SOUTHEAST CORNER OF COOK STREET AND HOVELY LANE EXTENDED. CASE NO. TT 13915 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by E. GEORGE KARZICOLA for approval of a Tentative Tract Map to create a 42-lot industrial subdivision from approximately 34.7 gross acres within the S.I., S.P.(U.A.) (Service Industrial, Scenic Preservation Overlay, Upon Annexation) zone at the south- east corner of Cook Street and Hovely Lane extended, more particularly des- cribed as: APN 619-060-016-3 i 1 KR! t1 Lei: r _t ; '(� KEY MAP 8 ETT I3915— SAID Public Hearing will be held on Tuesday, December 5, 1978, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are in- vited to attend and be heard. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post November 22, 1978 June 25, 1982 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 13915 AMENDMENT #1 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by FRANK GOODMAN & ASSOCIATES for an amendment to TT 13915 to delete the requirement for a median island on Cook Street for property in an S.I., S.P. (Service Industrial, Scenic Preservation Overlay) located at the southeast corner of Hovley Lane and Cook Street more particularly described as: A.P.N. 619-083 and 084 j VENRA VITA NAYA i 1 VIA LIMA 1 INV VI; EON' � G II �O NJ TT 13915 .\ �F9 • COUNTY OF RIVERSIDE • V ELI I. WAY 2• LL l.L.l _i - - • S ION] DRIVE I •• COUNTY OF RIVERSIDE - r SAID public hearing will be held on July 8, 1982, at 7:00 p.m., in the Council Chambers in the Palm Desert City Hall, 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission /pa ' , V MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 25, 1982 MR. FRANCIS MALLORY, Indian Springs Mobile Home Park, on behalf of the residents of the park. MR. JAMES MATYCHUCK, 46-165 Highway 74, Palm Desert. MRS. MAUREEN BURTON, 46-151 Highway 74, Palm Desert. Mayor Wilson noted that a petition had been submitted at the beginning of the meeting and asked the City Clerk to read it. Mrs. Gilligan read the following heading of petitions signed by 115 residents: "To: All Council Members of the City of Palm Desert, California We, the undersigned, want to retain the name 'Scenic Palms to Pines Highway 74' for its historical significance to this community. We ask that you rescind any action taken for name change. Dated at Palm Desert, this 16th day of February, 1982:' (Said petition on file and of record in the Office of the City Clerk.) Mayor Wilson noted that another petition had been received by the City which contained almost 160 signatures. (Said petition on file and of record in the Office of the City Clerk.) He further noted for the record that there was no action to rescind inasmuch as this hearing was to determine whether or not to make the street name change. The only other previous action the Council had taken was that of calling this public hearing. With no further public input offered, Mayor Wilson declared the Public Hearing Closed, and he asked for Council's comments: / Councilman Newbrander stated her agreement with the residents who had spoken that the name should be left as it is. 4y Councilman Snyder stated that since the vast majority of residents did not want the name change, he felt the name should be left as is. Councilman Puluqi stated his concurrence. Councilman Snyder moved to make no change in the street name of Highway 74. Councilman Newbrander seconded the motion; carried unanimously with the members present. B. CASE NO. TRACT 13915 AMENDMENT #1 - FRANK R. GOODMAN & AFFILIATED CONSTRUC ION COMPANY APPLICAN : REQUEST FOR CONSIDERATION OF AN APPROVAL OF AN AMENDMENT TO TRACT 13915 TO ABANDON CERTAIN ALLEY EASEMENTS FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF HOVLEY LANE AND COOK STREET. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report noting that the approved map had included 24-foot wide alley easements across the rear of lots 28 through 40 and lots 12 through 20 for the purpose of providing secondary truck access to each lot. However, detailed surveying of individual lots indicates that the land falls north to south substantially enough that a I number of interior retaining walls will be necessary on the side and rear j lot lines making the alleys impractical. The applicant is of the opinion that the lots are large enough and have sufficient frontage to provide necessary access. Therefore, Staff recommended approval of the request. Mr. Diaz concluded by recommending that Special Condition #3 be added to the proposed resolution as follows: "That City Council Resolution No. 78-172 would continue to be in effect." Mayor Wilson invited input from the applicant. -3- MINUTES REGULAR CITY COUNCIL MEETING FEBRUARY 25, 1982 MR. FRANK GOODMAN, Affiliated Construction Company, addressed Council in concurrence with the Staff Report. Mayor Wilson invited public input, and none was offered. He declared the Public Hearing Closed. Upon motion by Snyder, second by Puluqi, Resolution No. 82-16 as amended was adopted by unanimous vote of the members present. j } C. CASE NO. C/Z 01-82 - CITY OF PALM DESERT APPLICANT: REQUEST FOR CONSIDERATION O AN APPROVAL OF A CHANGE OF ZONE FROM R-3, 18,000 (3), S.P. (MULTIPLE FAMILY RESIDENTIAL, 18,000 MINIMUM LOT SIZE, 3,000 SQUARE FEET OF LAND AREA PER D.U., SCENIC PRESERVATION OVERLAY) TO C-1, S.P. (GENERAL COMMERCIAL, SCENIC PRESERVATION OVERLAY) AND A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, FOR PROPERTY LOCATED TO THE EAST OF HIGHWAY 74 AND WEST OF OCOTILLO DRIVE, APPROXIMATELY 10-' SOUTH OF EL PASEO. Mayor Wilson declared the Public Hearing Open and asked for Staff's report. Mr. Diaz reviewed the report stating that the proposed zone change was initiated by the City in order to bring the zoning of the subject properties into consistency with the General Plan which was adopted in 1981. State law requires that zoning be consistent with the General Plan land use designation. He noted a letter from Mr. Joe Gergeron (attached hereto and made a part hereof as Exhibit "A"), a resident of Sandpiper, in opposition to the zone change. He concluded by stating that Staff recommended approval of the request. Mayor Wilson invited public input, and the following was offered: MRS. SHERRY IKEZAWA, Owner of the Iron Gate Restaurant and the Adobe Gardens Hotel, spoke in favor of the request inasmuch as it would allow her to add additional rooms to her hotel. This would mean more bed tax revenue to the City. With no further input offered, Mayor Wilson declared the Public Hearing Closed. Councilman Snyder stated he felt the zone change untimely now inasmuch as more study was needed. Councilman Puluqi stated he would be willing to consider a change at the time plans for additional rooms for the hotel were presented. Mayor Wilson stated he preferred leaving it R-3 until a later time because commercial was not compatible with the surrounding areas. Councilman Newbrander moved to instruct Staff to prepare a resolution of denial to be presented at the next regular Council meeting. Councilman Snyder seconded the motion. Motion carried unanimously with the members present. IX. RESOLUTIONS A. RESOLUTION NO. 82-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHORIZING AN ADVANCE TO THE CITY OF PALM DESERT REDEVELOPMENT AGENCY FOR COSTS ASSOCIATED WITH THE EXPANSION OF THE REDEVELOPMENT PROJECT AREA BOUNDARIES. Mr. Bouman stated that when the City and Agency undertook trip expansion of the Agency boundaries, we knew *here would be certain costs. At budget time, Staff felt it would be about $62,300, and at that time there was $32,000 carryover. That amount was left, recognizing that somewhere down the line the Agency would have to go to Council -4 J 5ranh / . ooclman anal _.Amodatej rt March 16, 1982 NtpL SEntGcS CITY OF PpLp;ti City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 >; Attention: Mr. Ray Diaz Director of Planning REF: Tract 13915 Resolution 78-172 special Condition: 2: A, B, and 3 Copy Enclosed Dear Mr. Diaz: We have completely redesigned the grading plan for the project by lowering the elevation on the north (Hovely Lane) and raising the elevation on- the south property line there by achieving a more level north/south configuration of the individual lots, one as to the other. As a result, we believe our over all subdivision will be much more pleasant to the eye and definetly more acceptable to both the city and to potential purchaser and owner- builders. In order to acheive this new configuration we would ask for the co-operation of the City of Palm Desert in the following items: 2A: Because of development already com- pleted to the west the need for Blowsand/Windscreen is diminished. Therefore we request a 25' setback of our next door neighbor and that we be '. allowed to present an alternative landscape plan that fits the natural _ contours of the land with trees, oleanders, and decorative landscaping including the use of boulders, scrubs, and ground cover with as little use of walls as is possible. EXECUTIVE OFFICES: 77.900 AVENUE OF THE STATES PALM DESERT, CALIFORNIA 92260 PHONE: (714) 345-2626 , Continued page 2 March 16, 1982 Mr. Diaz: b. We request that the 10' setback from the property line on Hovely Lane for the wall and decorative landscaping be reduced to 01 . There is already 12' be- tween the curb line and the property line which seems to be more than adequate to present a fine landscape plan and yv�l`B to reduce the excessive cost of land- scape maintenance on City property. We also request that the wall be pilastered rather than offset and that the requirement for plaster be deleted. 3. We request that the requirement for a median island on Cook St. in this industrial zone be deleted for many reasons, mainly safety for the maneuver- ing of large trucks and the narrowness of Cook St. at that point. Also, be- cause of the nearness to the sewage plant and storm water channel it is felt the maximum width of Cook St. should be utilized. Also, at this time the City does not have the means to maintain the landscaping. Your co-operation on helping us to present a fine Industrial Park in our city will be appreciated. Respectfully Submitted, Fra R. Goodman lam:% Enclosure: 1 FRG/bl !XECUTIVE OFFICES: 77-900 AVENUE OF THE STATES PALM DESERT, CALIFORNIA 92260 PHONE: (714) 345-2626 CITY OF PALM DESERT REASU( ERE RECOPY 6132 RECEIVED OF: A��?<< 1 ,� ayLS-k?ems la DATE AMOUNT AMOUNT,L�[j 0' Oc) FOR -- RECEIVE TREAS 7;v- BY: ACCOUNT NO. AMOUNT CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE PAYOR CITY OF PALM DESERT TRANSMITTAL LETTER TO: Honorable Mayor and City Council REQUEST: Approval of an amendment to Tract 13915 to abandon certain alley easements. APPLICANT: FRANK R. GOODMAN be AFFILIATED CONSTRUCTION COMPANY 77-900 Avenue of the States Palm Desert, CA 92260 CASE NO: Tract 13915, Amendment #1 DATE: February 25, 1982 CONTENTS: A. Staff Recommendation. B. Discussion C. Draft Resolution No. D. Letter of request dated January 27, 1982. E. Legal Notice. F. Related maps and/or exhibits. ----------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and adopt Resolution No. , approving the request. B. DISCUSSION: A 40 lot industrial subdivision was approved for the subject property in December, 1979. Two time extensions were granted and the map subsequently recorded. The map as approved included 24 foot wide alley easements across the rear of lots 28 through 40 and lots 12 through 20. These alleys were intended to provide secondary truck access to each lot. Detailed surveying of individual lots indicates that the land falls north to south substantially enough that a number of interior retaining walls will be necessary on the side and rear lot lines. The alleys are therefore impractical. The applicant is of the opinion that the lots are large enough and have sufficient frontage that the loss of the alleys would not measurably change the project concept. Staff's concerns and feelings are that any additional area added to the lots can only be beneficial. The Director of Public Works by memo dated February 10, 1982, indicated that he had no comments on the application. /pa RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMENDMENT TO TRACT 13915 TO ABANDON CERTAIN ALLEY EASEMENTS. CASE NO. TRACT 13915 AMENDMENT #1 WHEREAS, the City Council of the City of Palm Desert, California, did on the 25th day of February, 1982, hold a duly noticed public hearing to consider the request of { FRANK R. GOODMAN and AFFILIATED CONSTRUCTION COMPANY, for an amendment l to Tract 13915, to abandon certain alley easements for property located at the southeast corner of Hovley Lane and Cook Street. WHEREAS, said application 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 Environmental Services has determined that the project is a Class 5 Categorical Exemption for the purposes of CEQA. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find: (a) That should the amendment be approved, the resulting lots will be consistent with applicable general and specific plans. (b) That the resulting design of the subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby approve the above described amendment to Tract 13915 for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this , day of , by the following vote, to wit: AYES: NOES: ; ABSENT: ABSTAIN: S. ROY WILSON, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /pa 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 Qecember 11 , 1978 . CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO CREATE A 42-LOT INDUSTRIAL SUBDIVISION FROM APPROXI- MATELY 34.7 GROSS ACRES WITHIN THE S. I. , S.P. (U.A. ) ZONE AT THE SOUTHEAST CORNER OF COOK STREET AND HOVELY LANE EXTENDED. CASE NO. TT 13915 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by E. GEORGE MARZICOLA for approval of a Tentative Tract Map to create a 42-lot industrial subdivision from approximately 34.7 gross acres within the S. I. , S.P. (U.A. ) (Service Industrial , Scenic Preservation Overlay, Upon Annexation) zone at the south- east corner of Cook Street and Hovely Lane extended, more particularly des- cribed as: APN 619-060-016-3 2.m 1� iT . MAP f F d TT 13915 d irn l SAID Public Hearing will be held on .Thursday, December 28, 1978, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are in- vited to attend and be heard. SHEILA R.. G,ILLIGAK, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post December 14, 1978 �� L 5 Minutes Palm Desert Planning Commission December 5 , 197S Page Six VI . PUBLIC HEARINGS (Cont . ) G. Case Nos. TT 13915 and CUP 15-78 GEORGETOWN PARK, LTD. / E. GEORGE NARZICOLA , Applicant Request for approval of a Tentative Tract Map and Conditional Use Permit to create a. 40 lot Industrial Planned Unit Development on approximately 34 . 7 gross acres within the S . I . , S.P. (U .A. ) zone at the south- east corner of Cook Street and Hovel.y Lane extended . Mr. Crump reviewed the staff report and: the conditions of .approval . Vice-Chairman Snyder declared the Public Hearing open and asked if the applicant wished to speak at this time . KEN KING, Civil Engineer , representing the applicant , noted hits agreement with the condi.,tdons -of approval . Vice-Chairman Snyder asked if there was anyone wishing to speak in FAVOR or in OPPOSITION to the cases;. Being none , he de-- clared the Public Hearing closed and asked for the pleasure of the Commission . On a motion by Commissioner Kryder , seconded by Commissioner Berkey , the Commission approve the Conditional Use Permit by Plan- ping Commission Commission Resolution No. 432 and. by Planning Commission Re-- solution No . 433 , recommended approval of the'Tentative- Tract to the: City ,Council ; carried (4-0-1 ) AYES : Berkey ,_-.Fl.eshman , -Kryder , Snyder ; ABSTAIN : Kelly. -Vomm--1-ss_ion2x__F1_eshman excused himself- from- the following three 61 ses, due to a conflict of interest . H. �� Y 3�=o-. - To:D INV'ESTIMENTS%PRO-CON DEVELOPMENT, A chant Request for approval of a Development Plan to allow 50 residential condominium units. on approximately 10 gross',acres within the PR-5 (U:;A. )_=zone on the north . side of Ho'vely Lane, east of INfonterey Avenue. Mr . Williams reviewed the staff reportLand noted the concerns of the Design Review Board . He noted that the-DRB wants the shaded parking as proposed as well as apron parking:?-. Mr . Williams noted that both the DRB and the Planning Commission will be reviewing the case again. Commissioner Berkey suggested that in .Special Condition No. 2, the word "achieve" be changed, to "consider" . Chairman Kelly declared the `Public Hearing open and asked if the applicant wished to speak at this time. DAVID MOSS , representative\ of TSD -Investments, addressed the Commission and asked that they consider the parking as proposed and not require the additional apron parking on the project . Chairman Kelly asked if there was anyone wishing to speak in _ FAVOR or in OPPOSITION to the proposed project . Being none , she de- clared the Public Hearing closed and asked f�or._the pleasure of the -. Commission . On a motion by Commissioner Berkey , seconded by Commissioner Kryder , the Commission approved the Development\\Plan with the noted change to Special Condition No. 2 by Planning Commission Resolution No. 434 ; carried (4-0-1 ) APES : Berkey, Kelly, . airyder , Snyder ; ABSTAIN: Fleshman 1 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE Dec . 6 , 1978 APPLICANT GEORGETOWN PARK LTD. /E. GEORGE MARZICOLA 73-743 Highway 111 Palm Desert , CA 92260 CASE NO. : TT13915 and CUP 15-78 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of Dec . 5, 1978 CONTINUED TO DENIED TT 13915 XX APPROVED BY PLANNING COMMISSION RESOLUTION NO. 432 CUP 15-78 XX APPROVED BY PLANNING COI<M4ISSION RESOLUTION NO. 433 PLACED ON THE AGE14DA OF THE CITY COUNCIL OF FOR CONCURRENCE WITH THE PLANNING COMMISSION DECISION. XX PLACED ON THE AGENDA OF THE CITY COUNCIL OF Dec . 28th FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifte S) days of the date of the decision. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING Coj�hNaSSSION cc: Applicant C.V.C.W.D. File LOUN7y ESTABLISHED IN 1918 AS A PUBLIC . _,cNCV �TSTRI�T COACHELLA VALLEY COUNTY WATER DISTRICT POST OFFICE Bo% 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (714)396-2651 DIRECTORS OFFICERS RAYMOND R. RUMMONDS, PRESIDENT LOWELL O. WEEKS, GENERAL MANAGER-C,11EF ENGINEER TELLS CODEKAS, VICE PRESIDENT OLE J. NORDLAND. SEMETMY C. J. FROST DENNIS M. HACKETT, AUDITOR WILLIAM B, GARDNER December 19, 1978 REDWINE AND SNERRILL, ATTORNEYS STEVE D.BUCTON File: 0163. 11 o421 . 1 0721 . 1 Department of Environmental Services City of Palm Desert P.O. Box 1977 Palm Desert , California 92260 Re: Tract 13915 SA Sec. 10, T5S, RISE Gentlemen: This area lies on the sandy area Northeasterly of Palm Desert and is considered safe from stormwater flows except in rare instances. The District will furnish domestic water and sanitation service to said area in accordance with the currently prevailing regulations of this District. This area shall be annexed to Improvement District Nos. 16 and 70 of the Coachella Valley County Water District for domestic water service. This area shall be annexed to Improvement District Nos. 53 and 80 of the Coachella Valley County Water District for sanitation service. The proposed domestic water pipeline sizes shown on the plans are tentative only and will be subject to revision. Very tru/,llyy�y�ours , �'�-G Lowel . Weeks General Manager/Chief E gineer KEH:kt cc: Riverside County Dept. of Public Health 46-209 Oasis Street RECEIVED Indio, California 92201 Attention: Lloyd Rodgers DEC 2 019�a ENVIRONMENTAL SERVICES CITY OF PALM DESERT PROOF OF PUBLICATION (2010s 2015.5 CCP) PROOF OF PUBLICATION OF LEGAL NOTICE TT 13915 I am a citizen of the United States and a resident of the County aforesaid: I am over the CITY OF PALM DESERT Viz. age of eighteen y earss and not LEGAL NOTICE REQUEST FOR.APPROVAL OF'A TENTATIVE'iTRACTell a part to or interested In the TO CREATE A 42-LOT INDUSTRIAL SUBDIVISIONiFROM y APPROXIMATELY 34.7 GROSS'•ACRES WITHIN,THE))S:i above entitled matter. I am the S.P. W.A.)-ZONE AT THE SOUTHEASTICORNER'OF COOK STREET AND HOVELY LANE EXTENDED. - ` ;x ' principal clerk of the printer CASE NO.,TT 13915 NOTICE.IS HEREBY GIVEN that.a Public Hearing%w,11 of PALM DESERT POSTS a newpaper of held before the Palm Desert Planning Commission'to'consideIra request by E. GEORGE MARZICOLA for oporovairof,IatTento- 9 e ne r a l circulations printed five Tract MOD to create a 42-lot Industrial subdlvislon'from approxlmNely 34.7 gross acres within the S.I., S.P,d U.A:),(Ser and published daily i n the y ce In�usrrial, Scenic Preservation Overlay upon,Annexation) -zone o The sou�heasft.corner of_C Stree{ and HovelvLane y city of R i v e r s i.d e s County of extended, more particularly described as: - APN 619-060016-3 Jt Riversides and which newspaper has been adjudged a newspaper of ntl^. s ' general circulation by the � (-a Superior Court of the County of I I I I Riversides State of California , uTiTY•} under date of October 59 1964s Case number 83658; that the ff f notice, of which the annexed is IqX a printed copys has been published I_ 17916 in each regular and entire issue of said newspaper and not in any supplement thereof on the following SAID Public Hearing Will be held on Tuesday, Declmber s dates, to—wit: 1978, at 7:00 p.m. In the.Council Chambers In the Palm DeseR City Hall,45-27S Prickly Peor Lane, Palm Desert,California,of which time and place all Interested persons are Invited to attend 1 l/2 3 9.1978 and PAU L heard. L A. WILLIAMS, ecretary' Palm Desertrt Planning Commission a P O ' P-11/22f1 I Certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated November 23, 1978 at Riverside, California — -- ------------------------------- CITY OF PALM DESERT N S s Unc7aime"cff REA CHECKED p- DEC 13'iE �, �4�11 C 1` �. Ad8`� edSON� 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 cssae u0npn�Refused�� 4 f.B,goqa5 Insuffr Lent Addr TELEPHONE(714) 346-0611 No Such s(ree ess No such pff;c`'n'rnLer f on Do nc! remai! in -- 1•I$ 4nY(lp� , CC it Cliff St�ran n etal7T (/�'-� 42320, Ad s Bermuda unes, ca. RECEIVED DEC 18 1Q'� ENVIRONMENTAL SERVICES CM OF PALM DESERT. 1 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 November 17, 1978 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO CREATE A 42-LOT INDUSTRIAL SUBDIVISION FROM APPROXI- MATELY 34.7 GROSS ACRES WITHIN THE S. I. , S.P. (U.A. ) ZONE AT THE SOUTHEAST CORNER OF COOK STREET AND HOVELY LANE EXTENDED. CASE NO. TT 13915 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by E. GEORGE MARZICOLA for approval of a Tentative Tract Map to create a 42-lot industrial subdivision from approximately 34.7 gross acres within the S. I. , S.P.(U.A. ) (Service Industrial , Scenic Preservation Overlay, Upon Annexation) zone at the south- east corner of Cook Street and Hovely Lane extended, more particularly des- cribed as: APN 619-060-016-3 .I I °uvv KITE W = -" ICYM AP s TT --- g 13915 96 9 O V W PM-°VEMUE� SAID Public Hearing will be held on Tuesday, December 5, 1978, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are in- vited to attend and be heard. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post November 22, 1978 �� N h A CITY OF PALM DESERT STAFF REPORT TO: Planning Commission REPORT ON: Tentative Tract Map and Conditional Use Permit to Develop a 42 lot Industrial Planned Unit Development APPLICANT: Georgetown Park, LTD - E. George Marzicola CASE NOS: TT13915 and CUP 15-78 DATE: December 5, 1978 I. REQUEST: Request for approval of a Tentative Tract Map and Conditonal Use Permit to create a 4'0 lot Industrial Planned Unit Development on approximately 34.7 gross acres within the S. I. , S.P. (U.A. ) (Service Industrial , Scenic Preservation Overlay, Upon Annexation) zone at the Southeast corner of Cook Street and Hovely Lane extended. II. BACKGROUND: A. Previous Pertinent Cases: 1. C/Z 11-78, change of zone from "S" to PR-5, SP (UA) , PR-5 (UA) , SI , SP (UA) and SI (UA) , establishing pre- annexation zoning for the subject site. Approved by the City Council 11-9-78. 2. DP 14-78, Planned Residential and Industrial Development, approved with the above change of zone---only illustrated a minimum of detail for the industrial area. The subject CUP would take the place of an Amended Development Plan. 3. PM 13406, parcel map creating 4 parcels from the original 158 acres. The subject Tentative Tract occupies parcel no. 3 of that map, approved by the Planning Commission on 10-3-78. B. Environmental Assessment: Previously assessed under C/Z 11-78, DP 14-78, and PM 13406, and no further evaluation is deemed necessary. C. Range of lot sizes: Approximately 14,500 sq. ft. to 102,000 sq. ft. D. Major Tract Improvements: Related improvements to Cook St. , extension of Hovely Lane and internal private loop street. III. DISCUSSION: The Conditional Use Permit being sought with this Tentative Tract Map provides for an Industrial Planned Unit Development, in which lot sizes may be permitted to be reduced below 20,000 sq.ft. and buildings combined to form a zero lot line development pattern on smaller lots. A similar approach was taken in the Industrial Subdivision to the South (Cliff Swanson, TT13236) . A. Lot Development: The lots illustrated adjacent to Cook Street are the largest in the proposed tract. They would probably each contain a single major tenant. The balance of the lots in the tract are somewhat smaller and it would be advantageous to develop in the zero lot line Case Nos. TT13915 and CUP 15-78 page two December 5, 1978 III. DISCUSSION: (cont. ) configuration allowing the side walls of buildings to be in common or butting against each other. In this way, parking lot areas may be joined and unified and access for deliveries and storage is made more convenient. It appeared that two of the orignally proposed lot areas could better be utilized if joined with the adjacent lots. In re- sponse to this observation the applicant has amended his pro- posal to reflect a total of 40 lots (versus 42 lots sought in the original application) . B. Access/Circulation: The proposed tract is served by one major entrance from Cook Street and takes access, via a private street, from the tract to the south and Hovely Lane. Direct access from lots to Cook Street and Hovely Lane is to be precluded (See pecial Tentative Tract Condition No. 2). Internal tract circulation is by means of a loop street with the mentioned connections to Cook Street and Hovely Lane. In the interior where lots back together, a 24' alley easement has been provided to simplify large semi-truck deliveries and other circula- tion requirements. C. Perimeter Treatment: Continuity will need to be maintained along the perimeter of projects adjacent to Cook St. The precise design for perimeter treatment of the industrial park to the South has not been detailed through Design Review. The recommended criteria for treatment along Cook Street and Hovely Lane is as follows: 1. Wind screen/blowsand protection on Cook Street with 30' setback from the property line, (buildings may be obscured by this planting, therefore, identification signs may be permitted in front of the screening) . 2. Minimum 5'-7' high wall set 10' back from the property line with landscaping on Hovely, maintaining a 25' building set- back. 3. Median island development in both Cook St. and Hovely Lane. IV. STAFF RECOMMENDATION: Based on the justification provided in the attached Resolutions: Approve CUP 15-78, by adopting Planning Commission Resolution No. 432 Recommend approval of TT13915 to the City Council , by adopting Planning Commission Resolution No. 433 _ PI 'LING COMMISSION RESOLUTION NO. 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CREATE AN INDUSTRIAL PLANNED UNIT DEVELOPMENT AT THE SOUTHEAST CORNER OF COOK STREET AND HOVELY LANE EXTENDED. CASE NO. CUP 15-78 WHEREAS, pursuant to the provisions of the Palm Desert Zoning Ordinance, the Planning Commission of the City of Palm Desert, California, did on the 5th i day of December, 1978, hold a duly noticed Public Hearing to consider .the 1 application of GEORGETOWN PARK LTD./E. GEORGE MARZICOLA for approval of a Conditional Use Permit to create a 42 lot Industrial Planned Unit Development on approximately 34.7 acres within the SI , SP (UA) (Service Industrial , Scenic Preservation Overlay, Upon Annexation) zone at the Southeast corner of Cook Street and Hovely Lane extended , more particularly described as : APN 619-060-016-3 WHEREAS, said applicant has complied with the requirements of the City of Palm Desert Environmental Quality Procedure Resolution No. 78-32 in that the subject project has been previously assessed under C/Z 11-78 and DP 14-78, and no further evaluation is deemed necessary; and, 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 and reasons to exist to justify the granting of said Conditional Use Permit: .1. The proposed use is a valid conditional use permitted within the zoning district in which it is being sought. 2. The proposed use as amended by the conditions of approval will not adversely effect the public health, safety, or general welfare { or be materially injurious to properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in these cases. 2. That approval of Conditional Use Permit CUP 15-78 is hereby granted to Georgetown Park, Ltd/E. George Marzicola for reasons subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a meeting of the Palm Desert Planning Commission held on this 5th day of December, 1978, by the following vote, to wit: AYES: Berkey, Fleshman, Kryder, Snyder NOES: None ABSENT: None i� ABSTAIN: Kelly GLGRIA KELLY, Chairman ( ATTEST: PAUL A. WILLIAMS, Secretary PLANNING C0WIISSION RESOLUTION NO. , 432 Page Two CONDITIONS' OF APPROVAL CASE NO. CUP 15-78 Standard Conditions: 1. The development of this project shall conform sub- stantially to all plans submitted in behalf of these cases and as revised according to the Design Review Board process and/or Planning Commission Action . Any minor changes require approval by the Director of En- vironmental Services . Any substantial change requires approval by the Planning Commission . 2. All requirements of any law,. ordinance, or regulation of the State , City, and any other applicable government entity shall be complied with as a part of the develop- ment process. 3 . This approval is applicable , subject to the development of this project , commencing within one year from approval date and being promptly completed. 4. Any and all overhead utility distribution lines shall be undergrounded pursuant to the provisions of the Palm Desert Municipal Code . 5. A single unified architectural treatment shall be utilized throughout the project for all proposed structures and approved through the Design Review Board Process along with landscaping, lighting, fencing, walkways , trash enclosures and any other proposed improvements . 6 . The number of industrial lots shall be' limited to 40, as illustrated in exhibit ' A' revised. 7 . Industrial buildings shall be permitted to develop in a zero lot line configuration, with no side yard setback being re- quired between buildings along interior side lot lines, as approved through the Design Review process. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth and understand the Depart- ment of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services . (Date) (Applicant ' s Signature) PLANNING COMMISSION RESOLUTION NO. 433 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING CONDITIONAL APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO CREATE A 40 LOT INDUSTRIAL SUBDIVISION. CASE NO. TT13915 WHEREAS, the Planning Commission of the City of Palm Desert, California , did on the 5th day of December, 1978, hold a duly noticed Public Hearing, to consider a request by Georgetown Park, Ltd/E. George Marzicola, for approval of a tentative Tract Map to create 42 industrial lots on 34.7 acres (to be developed under Conditional Use Permit) within the SI , SP (UA) (Service Industrial , Scenic Preservation Overlay, Upon Annexation) zone at the southeast corner of Cook Street and Hovely Lane extended, and more particularly described as : APN 619-060-016-3 WHEREAS, said application has complied with the requirements of the City of Palm Desert Environmental Quality Procedure Resolution 78-32, in that the subject project has been previously assessed under C/Z 11-78 and DP 14-78, and no further evaluation is deemed necessary; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exists to recommend approval of the Tentative Tract Map: 1) The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act, as amended. 2) The subject Tentative Map does comply with the adopted General Plan and the Palm Desert zoning ordinance. 3) The site is physically suitable for the type of development proposed. 4) The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1) That the above recitations are true and correct and constitute the findings of the Commission in this case; 2) That it does hereby recommend conditional approval to the City Council of the City of Palm Desert the above described Tentative Map No. 13915 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of December, 1978, by the following vote, to wit; AYES: Berkey, Fleshman, Kryder, Snyder NOES: None ABSENT: None ABSTAIN: Kelly GLORIA KELLY, Chairman AT ya \ PAUL A. WILLIAMS, Secretary PLANNING COMMISSI0N RESOLUTION NO. 433 Page Two CONDITIONS OF APPROVAL TRACT NO. 13915 Standard Conditions : 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 municipal ordinances and State and Federal statutes now in force , or which hereafter may be in force. 2 . 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 . 3. Access rights on Cook Street mud Hovely Lane shall be offered to the City as a dedication on the Final ,dap. 4. The C. C. & R' s for this development shall be submitted to the Director of Public Works for review and approval prior to the issuance of any building permits . Prior to recordation of the final subdivision map , the applicant shall submit to the Director of Public Works : 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 . 5 . Improvment plans for water and sewer system shall meet the require- ments of the respective service districts . 6. Area shall be annexed to appropriate Improvement Districts having jurisdiction over the subject area. 7. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert , without cost to the City and free of all liens and encumbrances . 8. All on-site utilities , including cable TV, shall be placed under- ground and shall be completely concealed from view except certain appurtenances as may be approved by the Director= of Environmental Services. 9 . Complete plans and specifications shall be submitted as required by Ordinance to the Director of Public Works for checking and approval before construction of any improvements is commenced . The sub- divider shall sumit "as-built" plans prior to acceptance of the subdivision improvements by the -City . 10. In order to maintain reasonable fire protection .during .the con- struction period , the subdivider shall maintain passable vehicular access to all buildings . An adequate number of fire hydrants withe required fire flows shall be installed as• recomnmended by the Fire Marshal . 11. All requirements of the City Fire Marshal shall be met as a part of the development of this tract per attached memorandum. 12 . Drainage shall be subject to approval of the Director of Public Works . Applicant shall provide engineered data as requested. 13 . All requirements of the Planning Commission action on related case No . CUP 15-78 shall be met as a part of the development of this tract . 14 . The total number of lots shall be limited to 40. 15. The applicant shall have twelve ( 12 ) 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 of up to eighteen ( 18) months is granted by a Resolution of the City Council . PLANNING COMMISSION RESOLUTION NO. 433 Page Three Special Conditions : 1 . That individual access to lots from Cook Street and Hovely Lane shall be prohibited and such restriction shall be noted in the final map. 2. That perimeter treatment in accordance with the following guide- lines shall be reviewed in the Design Review process for detailed t approval and installed as a part of this tract : a. Cook Street - Blowsand/windscreen protection consisting of Tamarisk trees, oleanders, and a wall (30' setback area), with decorative landscaping carried into the parkway , b. Hovely Lane - Installation of a minimum 5 ' to 7 ' wall , in- stalled ten feet back from property line with decorative landscaping installed between the wall and curb line . 3. That median islands shall be installed on Cook Street and Hovely Lane and improved to the specifications of the Director of Public Works. 4 . That the alley easement illustrated to the rear corner of proposed lots 15 and 20 of the Tentative Tract Map shall be lengthened to 100 ft . along the common property line between proposed lots 15 and 20. l L I PLANNING COMMISSION RESOLUTION NO. 433 Page Four P, n RIVERSIDE COUNTY C. s FIRE DEPARTMENT IN COOPERATION WITH THE I,lII�. p Uil 7 3 (yam CALIFORNIA DEPARTMENT OF FORESTRY R✓FERS✓DE „d . DAVID L. FLAKE COUNTY FIRE WARDEN 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE 17741 657-3183 November 20, 1978 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: Tentative Tract No. 13,915 Dear Mr. Williams; Provide the following fire protection in accordance: 1. Install a water system capable of delivering 3000 GPM fire flow from any fire hydrant for a three hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants located at each street intersection 1 (a) but not greater than 300 feet apart in any direction. 111 A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. B. Curbs shall be painted red 15 feet in either direction from each hydrant. 3. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Tract No. 13,915 is in accordance with the requirements prescribed by the Fire Marshal." .Upon approval, the original. plan will be returned to the developer. 5. _ Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Very truly yours, DAVID L. FLAKE ire Chi fL David .Chi- 0 g� Fire Marshal ;?5i E C E h vld NO 2 ` ENVIRONMENTAL ScR✓ICES CITY OF PALM DESERT PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CREATE AN INDUSTRIAL PLANNED UNIT DEVELOPMENT AT THE SOUTHEAST CORNER OF COOK STREET AND HOVELY LANE EXTENDED. CASE NO. CUP 15-78 WHEREAS, pursuant to the provisions of the Palm Desert Zoning Ordinance, the Planning Commission of the City of Palm Desert, California, did on the 5th day of December, 1978, hold a duly noticed Public Hearing to consider the application of GEORGETOWN PARK LTD./E. GEORGE MARZICOLA for approval of a Conditional Use Permit to create a 42 lot Industrial Planned Unit Development on approximately 34. 7 acres within the SI , SP (UA) (Service Industrial ,;Scenic Preservation Overlay, Upon Annexation) zone at the Southeast corner of Cook Street and Hovely Lane extended, more particularly described as: APN 619-060-016-3 WHEREAS, said applicant has complied with the requirements of the City of Palm Desert Environmental Quality Procedure Resolution No. 78-32 in that the subject project has been previously assessed under C/Z 11-78 and DP 14-78, and no further evaluation is deemed necessary; and, 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 and reasons to exist to justify the granting of said Conditional Use Permit: 1. The proposed use is a valid conditional use permitted within the zoning district in which it is being sought. 2. The proposed use as amended by the conditions of approval will not adversely effect the public health, safety, or general welfare or be materially injurious to properties or improvements in the vicinity. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert as follows: 1. That the above recitations are true and correct and 'constitute the findings of the Commission in these cases. 2. That approval of Conditional Use Permit CUP 15-78 is hereby granted to Georgetown Park, Ltd/E. George Marzicola for reasons subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a meeting of the Palm Desert Planning Commission held on this 5th day of December, 1978, by the following vote, to wit: AYES: NOES: ABSENT: 1 ABSTAIN: GLORIA KELLY, Chairman ATTEST: PAUL A. WILLIAMS, Secretary ..�-..a-r.:,-..:..u...^.7lt-n(sa,✓�-afa25�+:,ins.._....,�.<.-. -s*G'ti.:a:e�: .ixc:�ir�.:xs .�:i+daurec.S�^"Y�i.•;--Tz?.-€,%a:-,- _.. . ,,.. . n PLANNING C0MMISSI0N RESOLUTION NO. ,_ Page Two CONDITIONS OF APPROVAL CASE NO. CUP 15-78 Standard Conditions: 1 . The development of this project shall conform sub- stantially to all plans 'submitted in behalf of these cases and as revised according to the Design Review Board process and/or Planning Commission Action . Any minor changes require approval by the Director of En- vironmental Services . Any substantial change requires approval by the Planning Commission . 2 . All requirements of any law, ordinance, or regulation of the State , City, and any other applicable government entity shall be complied with as a part of the develop- ment process. 3. This approval is applicable , subject to the development of this project , commencing within one year from approval date and being promptly completed. 4. Any and all overhead utility distribution lines shall be undergrounded pursuant to the provisions of the Palm Desert Municipal Code . 5. A single unified architectural treatment shall be utilized throughout the project for all proposed structures and approved through the Design Review Board Process along with landscaping, lighting, fencing, walkways , trash enclosures and any other proposed improvements . 6. The number of industrial lots shall be' limited to 40, as illustrated in exhibit 'A' revised . 7 . Industrial buildings shall be permitted to develop in a zero lot line configuration, with no side yard setback being re- quired between buildings along interior side lots lines, as approved through the Design Review process. AGREEMENT I accept and agree, prior to use of this permit or approval, to comply with all the conditions set forth and understand the Depart- ment of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services . (Date) (Applicant ' s Signature) PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING CONDITIONAL APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO CREATE A 40 LOT INDUSTRIAL SUBDIVISION. CASE NO. TT13915 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of December, 1978, hold a duly noticed Public Hearing, to consider a request by Georgetown Park, Ltd/E. George Marzicola, for approval of a tentative Tract Map to create 42 industrial lots on 34.7 acres (to be developed under Conditional Use Permit) within the SI , SP (UA) (Service Industrial , Scenic Preservation Overlay, Upon Annexation) zone at the southeast corner of Cook Street and Hovely Lane extended, and more particularly described as: APN 619-060-016-3 WHEREAS, said application has complied with the requirements of the City of Palm Desert Environmental Quality Procedure Resolution 78-32 , in that the subject project has been previously assessed under C/Z 11-78 and DP 14-78, and no further evaluation is deemed necessary; and, WHEREAS, at said Public Hearing , upon hearing and considering all testimony and arguments , if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exists to recommend approval of the Tentative Tract Map: 1) The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act, as amended. 2) The subject Tentative Map does comply with the adopted General Plan and the Palm Desert zoning ordinance. 3) The site is physically suitable for the type of development proposed. 4) The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage. or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows : 1) That the above recitations are true and correct and constitute the findings of the Commission in this case; 2) That it does hereby recommend conditional approval to the City Council of the City of Palm Desert the above described Tentative Map No. 13915 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of December, 1978, by the following vote, to wit; AYES: NOES: ABSENT: ABSTAIN: GLORIA KELLY, Chairman ATTEST: PAUL A. WILLIAMS, Secretary PLANNING COMMISSION RESOLUTION NO. Page Two CONDITIONS OF APPROVAL TRACT NO. 13915 Standard Conditions : 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 municipal ordinances and State and Federal statutes now in force , or which hereafter may be in force. 2 . Full public improvements including traffic safety lighting as required by Ordinance and the Director of Public Yorks , shall be installed in accordance with City Standards . { 3. Access rights on Cook Street mud Hovely Lane shall he offered to the City as a dedication on the Final Map. 4 . The C. C. & R' s for this development shall be submitted to the Director of Public Works for review and approval prior to the issuance of any building permits . Prior to recordbtion of the final subdivision map , the applicant shall submit to the Director of Public works : 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 . 5. Improvment plans for water and sewer system shall meet the require- ments of the respective service districts . 6. Area shall be annexed to appropriate Improvement Districts having jurisdiction over the subject area. . 7. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert , without cost to the City and free of all liens and encumbrances . 8 . All on-site utilities , including cable TV, shall be placed under- ground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 9 . Complete plans and specifications shall be submitted as required by Ordinance to the Director of Public Works for checking and approval before construction of any improvements is commenced . The sub- divider shall sumit "as-built" plans prior to acceptance of the subdivision improvements by the -City . 10. In order to maintain reasonable fire protection .during .the con- struction period , the subdivider shall maintain passable vehicular access to all buildings . An adequate number of fire hydrants withe required fire flows shall be installed a8. recommended by the Fire Marshal . 11. All requirements of the City Fire Marshal shall be met as a part of the development of this tract per attached memorandum. 12 . Drainage shall be subject to approval of the Director of Public Works . Applicant shall provide engineered data as requested . 13 . All requirements of the Planning Commission action on related case No . CLP 15-78 shall be met as a part of the development of this tract . 14 . The total number of lots shall be limited to 40. 15 . The applicant shall have twelve ( 12 ) 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 of up to eighteen ( 18) months is granted by a Resolution of the City Council . PLANNING COMMISSION RESOLUTION NO. Page Three Special Conditions : 1. That individual access to lots from Cook Street and Hovely Lane shall be prohibited and such restriction shall be noted in the final map. 2. That perimeter treatment in accordance with the following guide- lines shall be reviewed in the Design Review process for detailed approval and installed as a part of this tract : a. Cook Street - Blowsand/windscreen protection consisting of Tamarisk trees, oleanders, and a wall (30' setback area), with decorative landscaping carried into the parkway• b. Hovely Lane - Installation of a minimum 5 ' to 7 ' wall , in- stalled ten feet back from property line with decorative landscaping installed between the wall and curb line. 3 . That median islands shall be installed on Cook Street and Hovely Lane and improved to the specifications of the Director of Public Works. 4 . That the alley easement illustrated to the rear corner of proposed lots 15 and 20 of the Tentative Tract Map shall be lengthened to 100 ft . along the common property line between proposed lots 15 and 20. i PLANNING COMMISSION RESOLUTION NO. Page Four P, f n. RIVERSIDE COUNTY I— : 111 I -s-i FIRE DEPARTMENT - ww �ll,. r ;.`.�.�. `', . IN COOPERATION WITH THE CALIFORNIA DEPARTMENT OF FORESTRY Rx e(VERSIli „ ; . DAVID L. FLAKE COUNTY FIRE WARDEN 210 wE57 SAN JACIN TO STREET ! PERRIS, CALIFORNIA 92370 TELEPHONE (7?4) 657-3183 November 20, 1978 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: Tentative Tract No. 13,915 i Dear Mr. Williams: Provide the following fire protection in accordance: 1. Install a water system capable of delivering 3000 GPM fire flow from any fire hydrant for a three hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants located at each street intersection (a) but not greater than 300 feet apart in any direction. 111 A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. B. Curbs shall be painted red 15 feet in either direction from each hydrant. 3. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. I 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Tract No. 13,915 is in accordance with the requirements prescribed by the Fire Marshal." Upon approval, the original. plan will be returned to the developer. 5. -Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Very truly yours, DAVID L. FLAKE ire Chi David id�/tegel � �'y C _ O Fire Marshal �st� ,� � �o I V �1 vld NOV " ' 121" ENVIRONIMENTAL SERVICES CITY OF PALM DESERT INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: TT 13915 DATE: November 21 , 1978 1 . Safety street lighting shall be installed at the intersection of Cook Street and where the private street intersects Hovley Lane. 2. Full street improvements shall be required on Cook Street. 3. Sandblow protection shall be provided on the northerly and westerly sides of this development. 4. This tract shall pay $17,350 into the signalization fund of the City of Palm Desert. 5. All drainage for this tract shall be approved by the Director of Public Works. RECEIVED NOV 2 2 197q ENVIRONMENTAL SEAvICES CITY OF PALM DESERT 7 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 December 5, 1978 To: All Interested Parties Subject: Street Names for Tract 13915 The City of Palm Desert is currently considering the request for ap- proval of street names for Tract 13915. Please review the attached map and list of names proposed for the subdivision to determine whether they are acceptable or should be modified. All comments should be returned to the Dept. of Environmental Services, P. 0. Box 1977, Palm Desert, California, 92260, or call Mr. Lloyd Morgan at 714/346-0611 , ext. 51 . my yours, Paul A. Williams, AIP Dir. of Environmental Services lm/pw/ks cc: Lt. Froemming, Riverside County Sheriffs Dept. Riverside County Road Dept. , Indio & Riverside Offices Postal Service, Palm Desert Branch Dave Ortegel , Palm Desert Fire Marshal Clyde Beebe, Director of Public Works James Hill , Director of Building and Safety Coachella Valley County Water District So. California Edison So. California Gas General Telephone Chamber of Commerce File E. George Marzicola Co. , Realtors I STREET NAMES FOR TRACT 13915 Entry Street 1. St. James Place 2 . Boardwalk 3 . St. Charles Place 1st Interior Street- idesterly 1. Boardwalk 2. Park Place 3 . Marvin Gardens 2nd Interior Street- Northerly 1. Sutton Place 2 . St. Charles Place 3 . Atlantic Avenue 3rd Interior Street- Southerly 1. Mediterranean Avenue 2 . Sutton Place 3 . Fssex Place. 4th Interior Street- Easterly 1. Beacon Hill 2. St. Charles Place 3 . Essex Place 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL Case No. : TT 13915 Project: Tentative Tract Map Applicant: E. GEORGE MARZICOLA Enclosed please find materials describing a project for which the following is being requested: Approval of a Tentative Tract Map to create a 42-lot industrial subdivision from approximately 34.7 gross acres within the S. I . , S.P. (U.A. ) zone at the southeast corner of Cook Street and Hovely Lane extended. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The City is interested in the probable impacts on the natural environment (e.g. water and air pollution) and on public resources (e.g. demand for = schools, hospitals , parks, power generation, sewage treatment, etc. ) Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. Nov. 24 , 1978, in order to be discussed by the Land Division Committee at their meeting of Nov. 29th . The Land Division Committee (comprised of Director of Environmental Services, City Building Official , City Engineer, Fire Marshal and a representative of CVCWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning Commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the Land Division Com- mittee nor will it be forwarded to the Planning Commission for consid- eration. Very truly yours, Paul A. Williams Director of Environmental Services PAW/ks PLEASE RETURN MAP WITH COMMENTS A)-. 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL Case No. : TT 13915 Project: Tentative Tract Map Applicant: E. GEORGE MARZICOLA Enclosed please find materials describing a project for which the following is being requested: Approval of a Tentative Tract Map to create a 42-lot industrial subdivision from approximately 34.7 gross acres within the S. I . , S.P. N.A. ) zone at the southeast corner of Cook Street and Hovely Lane extended. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The City is interested in the probable impacts on the natural environment (e.g. water and air pollution) and on public resources (e.g. demand for schools , hospitals , parks, power generation, sewage treatment, etc. ) Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. Nov. 24 , 1978, in order to be discussed by the Land Division Committee at their meeting of Nov. 29th . The Land Division Committee (comprised of Director of Environmental Services , City Building Official , City Engineer, Fire Marshal and a representative of CVCWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning Commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the Land Division Com- mittee nor will it be forwarded to the Planning Commission for consid- eration. Very truly yours, Paul A. Williams Director of Environmental Services PAW/ks PLEASE RETURN MAP WITH COMMENTS )LL5 , CIRCULATION LIST FOR ALL CASES Circulation of Tentative Maps, Parcel Maps , CUP'S, GPA' s, etc: REVIEW COMMITTEE: 1. Palm Desert Director of Environmental Services - Paul Williams Palm Desert Director of Building & Safety - Jim Hill Palm Desert Director of Public Works - L. Clyde Beebe Palm Desert Fire Marshall - Dave Ortegel Robert P. Brock Office of Road Commissioner and County Surveyor Administration Office Building, Room 313 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext 267) 6. M. A. Ferguson Imperial Irrigation Dist. Power Div. P. 0. Box 248 Coachella, CA 92236 398-2211 7. Lowell 0. Weeks General Manager - Chief Engineer \/ Coachella Valley County Water District (C.V.C.W.D. ) �- (\ P. 0. Box 1058 Coachella, California 92236 (Phone: (714) 398-2651) 8. R. J. Lowry Project Development Services California Department of Transportation P. 0. Box 231 San Bernardino, California 92403 (Phone: (714) 383-4671 ) 9. Director of Planning and Building City of Indian Wells 45-300 Club Drive Indian Wells, California 92260 (Phone: 345-2831) 10. Director of Planning City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, California 92270 (Phone: 328-8871) 11. Kermit Martin r Southern California Edison Company P. 0. Box 203 Palm Desert, California 92260 (Phone: 346-8660) 12. Chuck Morris General Telephone Company 62-147 Desertaire Road Joshua Tree, California 92252 (Phone: 366-8389) 1 R. W. Riddell Engineering Department Southern California Gas Company P. 0. Box 2200 Riverside, California 92506 (Phone: 327-8531, ask for Riverside extension 214) Circulation List for All Cases Page Two 14. Roger Harlow Director - Pupil Personnel Service Desert Sands Unified School District 83-049 Avenue 46 Indio, California 92201 (Phone: 347-4071) 15. Jim Langdon Palm Desert Disposal Services, Inc. (� 36-711 Cathedral Canyon Drive P. 0. Drawer LL Cathedral City, California 92234 (Phone: 328-2585 or 328-4687). 16. Stanley Sayles President, Palm Desert Community Services District 44-500 Portola Avenue Palm Desert, California 92260 (Phone: 346-6338) 17. Regional Water Quality Control Board 73-271 Highway 111 , Suite 21 Palm Desert, Ca. 92260 (Phone: ) 18. Harold Horsley Foreman/Mails U. S. Post Office Palm Desert, California 92260 (Phone: 346-3864) 19. Joe Benes Vice President & General Manager Coachella Valley Television P. 0. Box 368 Palm Desert, California 92260 (Phone: 346-8157) 20. Don McNeely President - Palm Desert Chamber of Commerce P. 0. Box 908 Palm Desert, California 92260 (Phone: 346-6111) 21. Kevin Manning Senior Planner Riverside County Planning Commission County Administration Building, Room 304 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext. 277, 278, & 279) 22. James Whitehead Superintendent - District 6 State Parks and Recreation 1350 Front Street, Room 6054 San Diego, California 92101 (Phone: (714) n6-7411) 23. Les Pricer Redevelopment Agency 73-677 Highway 111 Palm Desert, Ca. 92260 (Phone: 346-6920 24. Robert I . Pitchford, Chairman Architectural Committee of the Palm Desert Property Owners Assoc. 73-833 El Paseo Palm Desert, Ca. 92260 mx c)mGn q � '. i .� 45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260 ***TENTATIVE SUBDIVISION MAP**'I DEPARTMENT OF ENVIRONMENTAL SERVICES PLANNING DIVISION GEORGETOWN PARK, LTD. A pJcont (please Prim) �/0 E. George Marzicola, P.O. Box 47 (714) 346-1173 M� Telephone PIa�lginAGDesert, Ca. 92260 City State Zip-Code REQUEST: (Describe specific nature of approval requested))&9 I Approval of a tentative tract map fFT 323AL PROPERTY DESCRIPTION: A portion of SW 1/4 Section 10,Township 5South Range 6 Fact San Rprnarriinn Base and Meridian , also known as Parcel 3 of the Tentative Parcel Map No. 13406. ASSESSOR'S PARCEL NO. 619-060-016-3 EXISTING ZONING R-1, 12000 sq. ft. Riverside County Property Owner Authorization THE UNDERSIGNED STATES THAT THEY ARE THE OWNER IS)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR- IZATION FOR THE F LING OF THIS APPLICATION. LOS COCINEROS, AT R DA E AGREEMENT ABSOLVING THE CI Y OF PAL DESERT OF M LL LIABILIT RELATIVE EED RESTRICTIONS. I DO BY MY SIGN URE THIS AGREEMENT ABSOLVE THE CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY DEED RES- TRICTIONS THAT MAY BE APPLICABLE TO THE PROPERTY DESCRIBED H REIN. dt�Ty g� << 3 7 E. eor e r r6 1.Gl DAT Applicants Signature 61.1 Lo , hL,4 // SIGNATURE DATE E. Geo e (FOR STAFF USE ONLY) ENVIRONMENTAL STATUS AC CIF PWD BY/"J:z ❑ MINISTERIAL ACT E.A. No. s_ �/ ❑ CATEGORICAL EXEMPTION CASE No. 7 / /.3�f/ `Jr ❑ NEGATIVE DECLARATION 0 OTHER REFERENCE CASE NO. ADDITIONAL INFORMATION TO APPLICATION FOR TENTATIVE SUBDIVISION MAP 4 . If private street are proposed, the method by which their maintenance will be accomplished and financed: The financing will be from the partnership funds with on-going maintenance by an owners association. 7 . Proposed landscaping and irrigation: 24 feet blow sand landscaping strip around the entire perimeter planted with Tamarisk and Oleander and having a six-foot block wall around the perimeter. Supplemental Information Reports and written statements on the following matters shall accompany the tentative map unless waived in writing: 1. Subdivision building or development plan; 2. proposed method of control of storm water; including data as to grade and dimensions ; 3. protective covenants proposed to be recorded; 4. if private streets are proposed, the method by which their maintenance will be accomplished and financed; 5. proposed tree planting; 6. a written statement from the City Health Officer stating the type of sewage disposal that will be permitted. To aid in this determination, the City Health Officer may require soil percolation tests or other pertinent information. 7. Proposed landscaping and irrigation. 8. Preliminary soils report and grading plan. Required Materials to be Submitted 1. A completed Application Form. 2. Thirty (30) copies (folded 81" x 13") of the Tentative Subdivision Map and an unfolded sepia. 3. Required fee. 4. Property-owners list showing all property owners within 300 feet of the property under consideration. CHECK ITEMS TENTATIVE SUBDIVISION MAP CHECK LIST NEEDED The following information shall be delineated on the tentative map except those items determined by the City Staff as not being pertinent to a par- ticular tract: 1. Tract number, title of map, and section description of property; 2. name and address of owner and subdivider; 3. name and address of person preparing map; 4. approximate acreage and over-all dimensions; 5. north point, scale and date; minimum scale 1" - 100' ; 6. subdivision boundary line and vicinity map; 7. names and book and page numbers of adjoining subdivisions; 8. names, locations and widths of adjacent streets; 9. identifying landmarks and existing structures, both above and below ground; 10. names, locations and widths of proposed streets ; cross-sections; 11. approximate grades of proposed and existing streets; 12. streets and rights-of-way providing legal access to the property; 13. excavations within 200 feet of the subdivision; 14. approximate radii of curves ; 15. widths of alleys and easements; 16. names of utility companies and location of existing and proposed public utilities; 17. elevations of sewer at proposed main connections; 18. existing culverts and drain pipes ; 19. water courses and channels including existing and proposed facilities for control of storm waters ; 20. land subject to overflow, innudation or flood hazard. CHECK ITEMS NEEDED AP CHECK LIST s and other rights-of-way; id parks to be dedicated to public use; )n of reservations; i lot lines and approximate dimensions; ig property and lot lines; lines from front streets and side streets (if adjustments uested) ; s, with maximum interval as follows : Slope Interval ,percent) in feet) 0 - 2 2 3 - 9 5 10 plus 10 of U.S.G.S. maps are not acceptable. ng use of property immediately surrounding tract; ;ed land use of property immediately surrounding tract; i of water supply; i of sewage disposal ; ing zoning and proposed zoning; of school district and boundary if within two (2) districts; of any special districts serving the proposed subdivision ocation of boundary if within area of tentative map; is contemplated that the development will proceed by units, ?oundaries of such units shall be shown; :rocs sections of the property at the mid-points. INSTRUCTION FOR OBTAINING PROPERTY 041NERS NAMES In order to expedite the processing of Changes of Zone, Variances , and Conditional Use Permits, all applicants will furnish the Department of Environmental Services with a list (in duplicate) of the property owners and their addresses for all parcels within 300 feet of the application. Said list shall include the owner of the property under consideration. These property comer names may be obtained in one of the two following manners: A. Contact a title company and request that they furnish you with a list of names , for which there will probably be a charge. B. You may obtain them yourselves in the following manner: 1. Secure from the County Assessor's Office parcel maps covering your application and all lands within at least 300 feet. 2. Indicate the area of your request by a red outline on the parcel maps. 3. Delineate, in red , all property within 300 feet of the area of your request. 4. From the parcel map, make a list of book, page , block number , and parcel number within the above 300 foot area. 5. Using the Visual Numerical Index File, which is to be found in the Assessor's Office, place the name and address for each parcel opposite the number described in No. 4 above. 6. Sign Affidavit attesting to name list. 7. Return this list with your application to the Department of Environmental Services. .yi.. . o � GEORGETOWN PARK, LTD. DECLARATION OF COVENANTS , CONDITIONS, AND RESTRICTIONS THIS DECLARATION, riade November 6 , 1978 , by GEORGETOWN PARK, LTD. , a Joint Venture, hereinafter referred to as "Declarant" , the management body and owner of that real property described in Article I hereof . WHEREAS , there will be incorporated and exist under the laws of the State of California a non-profit corporation known as GEORGETOWN PARK 01,MERS ASSSOCIATION , which shall have the power to interpret and enforce certain of the conditions , covenants and restrictions set forth in this Declaration for the purpose of managing , preserving , main - tainino and imuroving the common areas within the property hereinafter described , and carrying out the purpose and intent of this Declaration after transfer of such power has been made as hereinafter provided ; and UHEREAS , it is the desire and intention of the Declarant and management body to sell , convey or lease the lots in said subdivision hereinafter described and to hereby impose on said lots mutual , beneficial restrictions under a general plan or scheme of improvement , and to provide for the manage- ment , maintenance and care for the common area within said subdivision for the benefit of all of the lots in the subdivision and the future owners of those lots ; and - 1 - WHEREAS , th Declarant and managemen' ody wishes to provide for the orderly development , improvement , management and maintenance of said real property ; NOW , THEREFORE , the Declarant and management body hereby declares and establishes a general plan for the protection , development , improvement , maintenance and management of said property and every part and parcel thereof , and hereby declares that all of the property hereinafter described is held and shall be held , conveyed , encumbered , leased , rented , used , oCcupied and improved subject to the following restrictions , conditions , and covenants , all of which are declared and agreed to be in the furtherance of the plan for the subdivision , improvement and sale of the lands and are established and agreed upon for the purpose of enhancing and protecting the value , desirability , and attractiveness of the lands and every part thereof . All of the restrictions , conditions and covenants shall run with the land and shall be bindino upon all parties having or acquirino any right, title or interest in the described lands or any part thereof , and shall inure to the benefit of each owner thereof . ARTICLE I PROPERTY SUBJECT- TO TH75 ^ECLA.RAT10l; The real property subject to this Declaration is situated in the City of Palm Desert, County of Riverside, California, and is more particularly described as Lots 1 to 42 , inclusive, of Tentative Tract Map No. 139 15 . —2— ARTICLE II DEFINITION OF TERMS Wherever used in this Declaration , and as the same may be amended , changed , or modified from time to time , and unless otherwise specifically provided , the following terms shall have the following meanings : 2 . 01 Declaration : This Declaration as the same may be amended , changed or modified from time to time . 2 . 02 Declarant and Manaceraent Body : GEORGETOP:N' PARR 'LTD. , a Joint Denture , its successors and assigns , but not in - cluding persons acquiring improved lots . 2 . 03 Association : GEORGET01,7N PARK OWNERS ASSOCIATION , a nonprofit corporation organized under the laws of the State of California . 2 . 04 Board of Directors : The Board of Directors of GEORGETOiv'N PARK 014NERS ASSOCIATION . . 2 . 05 Improvements : Any building or development located on a iot as shown on the Tentative Tract Map No. 13915 2 . 06 Lot : One of the lots Number 1 to 42 , inclusive in the subdivision described in Article I hereof . 2 . 07 Said Property : The property described in Article I hereof. 2 . 08 Common Area: Hovely Lane and any other streets of Tentative Tract Piap 1ao. 13915" and the common facilities located thereon for the use and enjoyment of the lot owners in Tract 13915 and their assignees and lessees . 3 - 2 . 09 Windbreak Easement . 20 feet wale windbreak easement shown on subdivision map . 2 . 10 Owner , Record Owner , and Owner of Record Title : The record owner of any part or portion of the subject property as shown by the records of the County Recorder of. the County of Riverside , California . 2 . 11 Recorded , Recording and Of Record : Recorded , recording or of record of any documentation in connection with the control of the project in the Office. of the County Recorder of Riverside , California . 2 . 12 Articles of Incorporation and Bylaws : Articles of Incorporation or ByLaws , as the case may be , of GEORGETOVRi PARK OWNERS ASSOCIATION , as the same may be amended from time to time . 2 . 13 Approval and Consent . Approval , consent , authoriza > tion or permission shall mean an approval , consent, authorization or permission in writing by Declarant or the Association . 2 . 14 Person : A " person " shall include a natural person , a partnership , an association and a corporation , unless the con- text indicates a contrary meaning . AP,TICLE III USES OF PROPERTY 3 . 01 Pao building shall be used for any purpose not allowed by the 9f zone of the CITY OF PALM DESERT-; , Further , no use will be allor:ed which emits pollutants into the air or creates noise levels above those pollutants or noise levels as nay be set I rom tine to tine by the Declarant or the Association or the -4 - Governmental Body chargedAwith said responsibility . 3. 02 No advertising signs , billboards , unsightly objects , unsightly appearance or nuisance shall be erected on the pro- perty or any lot , except a sign of customary and reasonable dimensions advertising the property for sale . 3. 03 No obnoxious or offensive activity shall be carried on upon any portion of the subject property , nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood . 3. 04 All woodpiles , and other storage piles shall be situated only on the enclosed portion of a lot which is not visible to the other lots or from the private driveways and common area . All rubbish , trash or refuse shall be deposited at a location provided for at each lot or at such other location as may be designated from time to time by the Association or the Management Body . 3. 05 All driveways , sidewalks , entries and passages outside of the lot shall remain unobstructed and shall not be used for purposes other than ingress and egress to and from the lot . 3 . 06 No combustible material or any other material which would cause or increase the risk of fire to other lots shall be stored on the subject property . 3. 07 No derrick , pump or other equipment or structure for boring , drilling , mining or extracting any oil , gas or mineral of any kind or nature whatsoever shall be erected , placed or permitted upon any part of subject property , nor shall any oil - 5- gas , petroleum or other hydrocarbon substaiii-es be extracted from the subject propert �y 3. 08 The provisions of this Article shall not apply to the Declarant ' s or Management Body ' s activities in the develop- ment , improvement , lease or sale of the subject property until January 1 ., 19,9% , No activities of the Declarant or Management Body shall larb;trarily deny , limit or abridge the rights of the Lot owners . ARTICLE IV THE ASSOCIATION 4 . 01 The GEORGET01oM PARK. OWNERS ASSOCIATION , a California nonprofit corporation , has been organized for the purpose of owning , operating , maintaining and managing the common facilities for the benefit of the owners and occupants of the lots within the subject property and providing certain services to said owners as herein specified . 4 . 02 ;dembership in the Association and the voting rights of members shall be as is provided in the Bylaws of the Asso- ciation , and each owner as defined herein shall be entitled to one vote for each 10 , 000 square feet of lot owned or portion thereof. Fractional votes will be granted for lots of sizes between sizes giving rise to an entire vote . 4 . 03 The powers of the Association are those set forth in the Articles of Incorporation and the ByLaws of GEORGE— TOWN PARK. Ol!NEP.S ASSOCIATION . 6 ARTICLE V EXTERIOR MAINTENANCE AND LA"iDSCAPING BY THE ASSOCIATION In order to preserve a uniform appearance of lots ,. the Association shall have the exclusive right to maintain the streets and windbr"akes, and Common Areas . In addition , the Association shall have the exclusive right to landscape all portions of Lots 1 to 42, inclusive. ARTICLE VI MAINTENANCE AND RESTORATION OF LOTS 6" 01 No building , fence , wall or other structure shall be commenced , erected or maintained upon any lot , nor shall any exterior addition to or change or alteration therein be made to any lot until the plans and specifications showing the nature , kind , shape , height , materials , and location of the same shall have been submitted to and approved in writing by the Association . 6 . 02 The Declarant and Management Body shall not enter into any contracts which bind the Association for a period in excess of one year , except within the approval of a majority of the members of the Owners ' Association . ARTICLE VII MAINTENANCE OF COMMON AREA AND WINDBREAKS The Common Areas and windbreaks shall be maintained or contracted to be maintained by the Management Body prior to the first annual election at which time the members , by majority - 7 - vote shall select _he same or another body agent to maintain the common area . F The Management Body may contract and pay for maintenance , gardening , utilities , materials , supplies and services relating to the common property ;' to employ personnel reasonably necessary for the operation of the project including lawyers and accountants where appropriate . ARTICLE VIII P1kIiJTEi;A„CE OF UTILITIES The rights and duties of the owners of lots within this subdivision with respect to sanitary sewers , water , electricity , oas and telephone lines , and television antennae , shall be governed by the following : ( a ) In the event any portion of the joint sanitary sever house connections and/or joint water house connections , or electricity , gas , telephone lines or television antennae installed on a lot , to serve more than one lot , is damaged or destroyed through the act of any owner of a lot being served by said connection , or any of his agents or guests or members of his family , whether or not such act is negligent or otherwise culpable , so as to deprive the other owners being served by said connection of the full use and enjoyment of said connection , then the first of such owners shall forthwith proceed to replace or repair the same to as good a condition as formerly -8- existed without cost to the other owners served by said connection . ( b ) In the event any portion of said connection or line is damaged , or destroyed by some cause other than the act of any of the owners of adjoining lots , their agents , guests , or members of their families ( including ordinary wear and tear and deterioration from lapse df time ) then in such event if said damage or destruction shall prevent the full use and enjoyment of said connection by the owner of a lot served by said connection , all such owners who are thereby deprived of such use and enjoyment shall proceed forthwith to replace or repair said connection to as good a condition as formerly existed at their joint and equal expense . ( c ) In the event an owner of a lot shall fail to repair the common connections as herein above specified in a manner satisfactory to the Board of Directors , the Association shall have the right through its agents and employees to enter upon such lot to repair such common connections . The costs thereof shall be a special assessment upon the lot of the owner who , or whose guests , family or agents , caused the damage . If the damage was due to some cause other than the act of such person , the cost of repair shall be a special assessment upon and divided equally amongst each of the lots served by such common connection . ARTICLE IX ASSESSMENTS AND LIENS 9 . 01 Each of Lots 1 to 42 , inclusive , within the subject property and the improvements thereon , including such as are owned by the Declarant , shall be subject to general and special _ o_ charges and ass�_ sments and liens to secu the payment of same . Until January 1 of the year immediately following the conveyance of the first lot to an owner , the annual lien assessments shall not exceed 5750. 00 per year per unit , and shall be fixed by the Declarant . Until .January 1 , of the year immediately following the conveyance of the first lot to an owner , the Management Body shall have the power to : ( a.) Enforce applicable provisions of the declaration of restrictions relating to the control and rjanagement of the project . ( b ) Contract and pay premiums for fire , casualty , liability and other insurance , including indemnity . ( c ) Pay taxes and special assessments which are or would become a lien on the project or common area . ( d ) Enter into any lot or unit when necessary in connection with the maintenance or construction for which the management body is responsible . After the first annual meeting of the Association , these powers shall be transferred, to the Association , and the Association shall have the sole authority to fix and establish the amounts of the general and special charges and assessments provided for in this Declaration and the amounts of such interest , costs and penalties for the late payment or nonpayment thereof . 9 . 02 The Board of Directors of the Association shall , as hereinafter provided by resolution duly adopted , annually estimate in its best judoment the cash requirements and reserved for future maintenance or contingencies reasonably - 10- necessary and pi per for the management , ueerati on , main- tenance , care and improvement of the common areas and common facilities , in accordance with those rules set forth in this Declaration and in the Articles of Incorporation and By-Laws of the Association for the year or portion of the year for which such estimate is made . 9 . 03 The Board of Directors of the Association may , from time to time , by resolution adopted at any regular or special meeting , establish and estimate and fir, general charges and assessments or modify any estimate or estimates previously made and increase or diminish the amount previously estimated as cash requirements of the Association for any year or portion thereof and increase or diminish the amount of the general charge and assessment , provided that no such determination by the Board of Directors shall have any retroactive effect on the amount of charge or assessment payable by any owner of a lot for any period elapsed prior to the date of such determination . 9 . 04 The Board of Directors of the Association shall at a regular or special meeting held during the month o OOctober of each year , or at such other time designated by the Board of Directors , make its estimate of cash requirements as herein- before provided for the ensuing calendar year . Such estimate of cash requirements and reserve and the whole thereof , shall be equally apportioned amono all the lots , and the sum allocable to each lot shall be the general charge and shall be the assessment against such lot for the ensuing calendar year ; such general charge and assessment shall be due and payable monthly - 11 - in the amount of one-twelfth ( 1112 ) of the -ital amount of said general charge and assessment charged and assessed against each such lot on the first day of January in the en- suing calendar year. 9 . 05 A special assessment and charge is an assessment to be levied by the Association and to be paid into the maintenance fund for expenses incurred or to be incurred where not ordinarily included in the annual estimate of expenses referred to in the preceding paragraphs . Special assessments shall be made on the same basis as regular assessments . Any special assessment which exceeds the amount of $1 , 000 . 00 shall require a majority vote of the Owners affected thereby , exclud- ing any vote by the Declarant . 9 . 06 Notice of the amount of any general or special assessment or charge imposed by the Association shall be mailed to the lot owner not less than thirty ( 30 ) days prior to the date such assessments or charges become due and payable . 9 . 07 Thirty ( 30 ) days after any general or special charge and assessment shall be due and payable , and unpaid or not otherwise satisfied , the same shall be and become delinquent and shall so continue until the amount of said charge and assessment , together with all costs , penalties and interest as herein provided , have been fully paid or otherwise satisfied . 9 . 08 At any time after any general or special charge and assessment against any lot has become delinquent , the Assocation may record a fiotice of Delinquency as to such lot , which Notice shall state therein the amount of such delinquency -12- and the interest , costs and penalties which have accrued thereon , a description of. the lot against which the same has been assessed , and the name of the record or reputed record owner thereof, and such Notice shall be signed by an officer of the Association ; provided that upon the payment of said charges and assessments , interest , penalties , and costs in connection with which such notice has been so recorded , or other satisfaction thereof , the Association shall record a further notice stating the satisfaction and release of the lien thereof . Immediately after the recording of such notice or lien the Owner of any such lot shall be furnished a copy of the recorded notice or lien . 9 . 09 Immediately upon the recording of any Notice of Delinquency pursuant hereto, the amounts of the delinquency set forth therein and the interest , costs , and penalties , accrued and accruing thereon shall be and become a lien upon the lot or lots described therein , which lien shall continue until the amount of such delinquency and the interest , costs and penalties accrued thereon has been fully paid or otherwise satisfied or the lien forclosed as provided for herein . 9 . 10 Each lien created pursuant to the provisions of this Declaration by the recordation of a Notice of Delinquency , as hereinabove provided , may be enforced by foreclosure Proceedings by the Association , its attorney or other person authorized to make the sale . Such sale may conducted in accordance with the provisions of Section 1356 of the California Civil Code or in any other manner permitted by lair . The -13- - 1 Association may bring separate legal action to collect said delinquent assessments without foreclosing such lien and before the Association has recorded a notice of delinquency. Interest shall accrue at the rate of seven and one-half percent ( 7-1 /2%) per annum upon all unpaid charges or assess - ments from the date of delinquency ; in any action to collect said delinquent assessments or to foreclose any such lien- the Association shall be entitled to costs , including reasonable attorneys ' fees as determined by a court of competent juris — diction ; and such penalties for delinquent charges and assess - ments as shall have been established by the Board of Directors of the Association . 9 . 11 Declarant , as to the property covered by this Declaration and each lot , has established and does hereby establish , reserve and impose a lien thereon securing each charge and each assessment provided for by this Declaration , together with said costs , penalties and interest , and Declarant agrees to assign to the Association immediately after the first annual meeting the right to collect and enforce the collection of the same in accordance with and subject to the limitations contained in each of the provisions of this Declaration . 9 . 12 Each and every lien , charge and assessment , together with any costs , penalties or interest , established , reserved or imposed under this Declaration shall be subordinate to any bona fide mortgage or trust deed ( and the lien and/or title thereto ) which has been given in good faith and for value on any lot or property covered by this Declaration , and is of -14 - record prior to the recordation of the lien of the Association ; provided , however , that any subsequent owner of such lot shall be bound by the restrictions , conditions , covenants , reserva - tions , liens and charges set out in this Declaration or any modification thereof, whether obtained by foreclosure or trust deed sale , or otherwise , not including , however , any lien , charge , or assessment arising prior to any sale under any such mortgage or trust deed . 9 . 13 The Association shall have the right , to the extent not paid by the several owners thereof , to pay all real property taxes and assessments levied upon any part or portion of the comnon area by a duly authorized governmental or quasi - governmental authority . The Association shall have, the right to impose a special assessnent and lien against such portion of the property for the amount paid by the Association pursuant to the right given by this paragraph . Such assessment and lien imposed by the Association shall be enforced as provided in this Article . ARTICLE X EASEMENTS 10. 01 There is hereby reserved to the Declarant , its successors and assigns , the follov,, ina interests : ( a ) An easenent in dross over and under the common area for use during the development and improvenent of the subject Property - ( b ) An easement in gross over each of Lots 1 through 42 , inclusive , for ingress and - 15- egress foi the maintenance and repa „ of the lots and structures wl contained thereon as provided in this Declaration . 10. 02 Every owner shall have a right and easement in and to the common areas and facilities , and such easements shall be appurtenant to and shall pass with the title to Lots 1 to42 inclusive , subject to the right of the Association to maintain and manage such utilities , and common area and facilities as provided in this Declaration . ARTICLE XI MORTGAGE PROTECTION No breach of said covenants , conditions , restrictions and rights , or any right of entry by reason thereof , or the enforce- ment of any lien provisions provided for herein , shall defeat or render invalid the prior recorded lien of any mortgage or deed of trust made in good faith and for value . Each and all of said covenants , conditions , restrictions , rights , prior recorded liens and charges shall be binding upon and effective against any owner of said lot whose title thereto was acquired by trustee ' s sale or foreclosure , and said purchaser •rho acquires title through trustee ' s sale or foreclosure shall take title to said lot subject to any such lien recorded prior to said Deed of Trust . The breach o aany said covenants , cond itions , restric- tions , rights , liens and charges may be enjoined , abated , or revieh,ed by appropriate proceedings , notwithstanding the lien or existence of any such mortgage . - 16- ARTICLE XII EfIFORCEMENT The Association , or any Owner , shall have the right to enforce , by any proceeding at law or in equity , all restrictions , conditions , covenants and reservations imposed by the provisions of this Declaration . Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shal) in no event be deemed a waiver of the right to do so thereafter . ARTICLE XIII INTERPRETATION The provisions of this Declaration shall be liberally con- strued to effectuate its purpose of creating a plan for the development and operation of an industrial park . Failure to enforce any provisions hereof shall not constitute a waiver of the right to enforce said provision or any other provision hereof. ARTICLE XIV SEVERABILITY The provisions hereof shall be deemed independent and severable , and the invalidity or partial invalidity or unen- forceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. ARTICLE XV CONSENT TO MEMBERSHIP IN ASSOCIATION The purchaser of any lot in said subdivision , by the - 17- 1 acceptance of a deed therefor , whether from Declarant or from b subsequent owners of such proper t y ,, or Y the signing of a contract or agreement to purchase the same , shall by the acceptance of such deed or by the signing of a contract or agreement , consent to becoming a member of the Association , to abide by the Articles of Incorporation and Bylaws thereof, and to accept all of the benefits and obligations of members thereof. ARTICLE XVI LIABILITY Of DECLARANT Declarant shall be liable for the payment of all general and special charges and , assessments and subject to all liens to secure the payment of same pursuant to Article IX of this Declaration upon any lot or lots owned by Declarant at the times as provided in Article IY, hereof and in the same manner as such charge or assessment shall be an obligation of any other lot owner within the subject property . ARTICLE XVII DURATION AND AMENDMENT 17 . 01 The covenants and restrictions of this Declaration shall run with and bind the land , and shall inure to the benefit of and be enforceable by the Association , or the Ov:ner of any Lot subject to this Declaration , their respective legal representatives , heirs , successors , and assigns , for a term of -18 - r twenty ( 20 ) years from the date this Declaration is recorded . after which time said covenants shall be automatically extended for successive periods of ten ( 10) years . 17 . 02 This Declaration of Restrictions may be amended or terminated in whole or in part as to all or any part of the subject property by a written instrument duly executed by fifty- one percent ( 51 %) of the owners of record of said property . ARTICLE XVIII ATTORNEYS ' FEES In the .event of any litigation to enforce the terms of this Declaration of Covenants , Conditions and Restrictions , including the collection of any delinquent assessment or any of the terms hereof, the prevailing party therein shall be allowed to recover from the other party all court costs and a reasonable attorney ' s fee which shall be fixed by the Court . IN WITNESS WHEREOF, the foregoing instrument was subscribed the day and year first hereinabove written. GEORG Oh RK, LTD. B1 : ' E . GEORGE SL Z COLA DECLARANT Cliff Swanson etal 42329 Adams Bermuda Dunes, CA 619-060 -018 I Coachella Valley County Water District 85820 Coachella Hts. Coachella, CA 92236 619-090-801 -- - -- __ LOS COCINEROS, Ltd. Coachella Valle County y c/o E. George Marzicola Water District P.O. Box 47 85820 Coachella Hts. Palm Desert, CA 92261 Coachella, CA 92236 619-060-015 619-090-801 - - - - - - LOS COCINEROS, Ltd. Valley Industrial Park c/o E. George Marzicola — =— — P.O. Box 745 P.O. Box 47 - Palm Desert, CA 92260 Palm Desert, CA 92261 621-622-002 i 619-060-015 Covington-Kavanaugh - Valley Industrial Park Vista del Montanas P.O. Box 745 75205 Valencia Palm Desert, CA 92260 Palm Desert, CA 92260 621-622-002 i 619-060-016 Covington-Kavanaugh Brown, C. & University Vista del Montanas Plaza, Inc. , F. Lewis 75205 Valencia 333 So. Hope St. , 27th Fl. Palm Desert, CA 92260 Los Angeles, CA 90071 619-060-016 .':^. Y••621-240-001 . - - — E. George Marzicola Brown, C. « University P.O. Box 47 Plaza, Inc . , F. Lewis palm Desert, CA 92261 333 So. Hope St. , 27th F1. 619-060-018 Los Angeles, CA 90071 621-240-001 - -- - Cliff Swanson etal Charles Gibb etal 42329 Adams 73070 Grapevine Bermuda Dunes, CA Palm Desert, CA 92260 619-090-014 621-240-003 vY � E. George Marzicola df Charles Gibb etal P.O. Box 47 73070 Grapevine Palm Desert, CA 92260 Palm Desert, CA 92260 619-060-018 621-240-003 CERTIFIED PROPERTY OWiIERS' LIST AFFIDAVIT STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) I , E. George Marzicola hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assess- ment role of the County within the area described on the attached application and for a distance of three hundred (300) feet from the exterior boundaries of the property described on the attached application. I certify under penalty of perjury that the foregoing is true and correct. (signed) 9 - (date) II 3 NAME AND ADDRESSES OF PROPERTY OWNERS FOR PUBLIC HEARING ON CASE NO. JOB NO. PARCEL NO. NAME ADDRESS 619-060-015 c/o E. George Marzicola 619-060-016 LOS COCINEROS, LTD. P.O. Box 47 OtG Palm Desert, Ca. 92260 619-060-016 D.K. KAVANAUGH ENTER- 108 Orange St. , Suite 7 PRISES, INC . Redlands, Ca. 92373 " o — 619-060-018 Clarice Folks 3725 W. 5th St. r- Los Angeles , Ca. 90020 619-090-014 (C 42329 S't' RUSF'-1 Sys IV4N7lOE LAKE PFoe�RTr�S SUIT64ZO 1,.A 40"r^ u,.'ttO37 I (619-090- 801 Coachella Valley County 85820 Coachella Hts. P .O. Lox 1058 \\ oK if Water District Coachella, Ca. 92236 �V vF-0(4c.(=E N 'A• 7ZSSI HWY. III Porn DeSaRT c,g-. 9z24'0 621-622- 002 Valley Industrial Park P av , Ca. 92260 621-24�O.-001 / Brown, Clarence &University 333 So. Hope St. , 27th F1 . Plaza, Inc. Floyd Lewis Los Angeles, Ca. 90071 621-240-003 ? Charles Gibb etal 73070 Grapevine K Palm Desert, Ca. 92260 3 Z503I- 4/38 C[V9 _ I .I Q © Q O U I � �Z :� .-...tom-✓ f - , I � n I I l5' r� 7267Y- aC I � 6G.OPdc. I I See,+ �cz- I lalz o 5- K7/ 11 7B 6 = = O � O 3 S� S=E AP 39 I ®r SEE :VA 42 J_L ,1/� -"_—_— LOS COCIIIEROS, LTD. c/p E. George 11arzicola T/ �y�r LSa 'ate P.O. Box 47 92260 S€a;b' 3 -4'�' e P9 F, ( Palm Desert, Ca. .,a Coachella Valley County Water District Clarice Folks 85820 Coachella Hts. 3725 W. 5th St. Coachella, Ca. Los Angeles , Ca. 90020 L.K. KAVANAUGH EDIT. , INC . Cliff Swanson etal 108 Orange St. , Suite 7 42329 Adams Redlands, Ca. 92373 Bermuda Dunes, Ca. Valley Industrial Park . P.O. pox 745 Palm Desert, Ca. 92260 Clarence Brown & University Plaza, Inc. & Floyd Lewis 333 So. dope St. , 27th Fl. Los Anc flle5. Ca. .90071 MCDOLD, F.X. JR. Charles Gibb etal 1900 Ocean Blvd. Apt. 1410 70-673 Oroville Circle Long Beach, CA 90802 Rancho Mirage, CA 92270 _ r-_ — UNIVERSITY PLAZA, INC. 333 Hope St. 27th Floor Los Angeles, CA 90071 y Tr 1 i5 /.Sim. a .•vti..;+,. ,:X:,.-.:; •..(-'_.'r•a. a y�"r.: . :,-..� .a-..... ..,- __ .-.'... I k !j4 - p 1 I 1 I II J, 1111 1 Clarice Folks 3725 W. 5th St Los Angeles, C 90020 -- - �- 1 Cliff Swanson eta ; I 42329 Adams -- -- - --j — ---- -- - Bermuda Dunes, Ca. - I ` 1 Valley Industrial Park P.O. Box 745 Palm Desert, Ca. M60 -TT Clarence Brown & Universi y I Plaza Inc. & Floyd- Lewis 333 So. Hope St. , 27th F1. Los Angeles , Ca. 90071 na8hr--n Q 9 9 F 0 i ; 1 1 48-275 PRICKLY PEAR LANE,PALM DE9ERT,CALIFORNIA 92260 TELEPHONE(714) 346-0611 1 i I _. ��� - . - �= -� �i i� _ II __ � .. .<,. +.. ,:.:- .., ...,;. �. w... ,. . 1 F'"-r nrr , .. ♦,.x i.. '! . r%�.. ,.,,,x i C .. { ,�'.,"x y ��;' �/ 7 —} • �w .: 'q„ � .+ "*•.., tar , n� 1 y'� 41 tieJO 06 yy 1 1J ,,}} b.. /�//\� • Line A c -A M�(t - o \ r FN /i r „ r Boardwalk Ilk .� fJ -741";1 ui _ N56A film lit- _ T. Match Line A-AWS 7_0Y E t� FNOS FNFA o IkJIS �, t 9"05' 04(N%jNJ0pAW \ 70 A'02414 . , 10 Draina e Easement— . .A• _ — * n _ ----PropertyLine AL-- - - - - Curbline Cook Street SHEET NUMBER OF - r _y '�•' .�- ;.. '# '. '24 ,.. f,"'. { i .,... ...,�,---...... .. ., ..- r..•^ ...-. .. "Rpc . ,., :. _ ..,c„ -.,a-+.�'• -n.� "'"�x. _'" aR4T-' M .'►._t, M , Al b Y1 iC I s y , i ^(b 2 x .S B, f dd i ,., Match Line A-A r' Y / ` GSM { I� yM i VP Oy'A // ' •w` � 4h ll r S A��t {� Boardwalk ,t ` 1 I pAl.a�9 � e a 0� C:l ACTI..'id f ORI� " c" fa# TE \ i D p Match Line A-A v ° �. apt TRUC`pN� Y�1�NR40 TIi..�lA1'PPC/V ,,..�.✓' j C•AF � i� I I 4) I �I'�! IL t o �--- v y I I:%T" ✓ 1 I� •1 CITY F Y " y►- ' .... � j ._ Ci ..�� �""�.� � '�✓I -' PALM ©=SCRT Fjt ENVi;T Or .NMAL 0 ' ► ► ,� Cn 10' Drainage Easement --i NO- ------------------------- �a � EXHIL�.f CASE�r�r-.__._....._. 1 I` f I t 4 NO .. p y J ro er in ` cv � -- -- -- --- -- -- --- - -- -�� 5 --- -- -- Curbline NOV 1 1980 '' � ENb'il{iiNfYi`Lt11i'gL SERVICE$ Cook Street ��rx QF �A� oliS�RT �. 3 ek r fi r�e, r; r ' t •. . S' < . r Its THE CITY OF PALM D,. SERT , COUNTY OF RIVERSIDE . �I 14:1h x", T. E :► 5: ;j1" 10915 N.'TA T "GEORGE TOWN PARK" BEING A , PORTION OF THE SW .4/4 OF SECTION 109 T S S, R 6E , S.B.13A. KENNETH R. KING NOVEMPER '6,.1978 OWNER/ DEVELOPER CIVIL ENGI:NEER LOS COCINEROS LTD . k 108 ORANGE ST, SUITE 7 E. GEORGE MARZICOLA } r REDLANDS , CALIF , 92373 PO. BOX 47 (714) 793- 9802 73-743 HIGHWAY II Pa°AEG PALM DESERT, CALIF., 92260 (714) 346-117 3 R i . d! Median \,� e BOG i ! 1 •� 10 IOr 12- ..G ., - I O i 10 I'L \ `` ---- -- - -- -- - 1Q0 HWY It, 100k 300 a ? R`20r J V NT --- -- __ _ SCALE I tk= g ; ACA VICINITY MAP No Scale TYPICAL SLCTION _ HGVELY LANE- 2726 F-NG I N F ER'S NOT F �2-} 1} <aRE._A: +' acres25 2; NUMSE-R '0V UTS 42 24 3, ZONE ' Fxi4 - 2 i ' 23 4 UTILITIES i �� ! Etec+rt :�o. Col E ci;scn Co Ll, I \ � 22o`_x HOC L LitSTF2tC7: ` TYPICAL SECTIUN F.? [pe�.f'r , Star, as L1nt e 29 �, 21 _ , a - .../ � '• 30 STREET _ ti _ , : J� , - 31 20 .,: �►�>c Y ��/ALL �'��lE � �_ ci �� ,� �,. . -_.._.._ 220 sy 4 j• ,. pin 3 3 . \ t ` 200 15 I - --- L�`a Ifn f 33 o v ' :aw 66 , 33 �!} _ �\ x 34 l k. s , TYPICAL SECTION 4 2b 24' A','eY�OSement ' 24 Alley Fa rmcn �,T s: 3 �` 17 pRIV, L STkEETS r. n 1 I rv: , , i 23 r , '17 • U. 3 i j - 16 - �. 12 � , •195 ! ' . � ANT f , !j no 2JJ It It - } SECTION A— A B EIV I0 a - - - - G , e 1 5 It NOV nr, �; r ENVIRONMENTAL SERVICES " 02' t o too o,F loo' 115 CITY C� Or PA Lf.i DESERT I23c, f - 22 ---+ , ----- ± ------- —+-- -- - --- ---- -+-- ,�_ L W r- 2 I U - - — MOTE T404a TgAT Hem zc�u - -- - ---- - -� — - --- ---�- — - ---- THE 12 FM,4�,IT 5►HALL. _ _ ' i ' f_ 'M 1 tJ 190 q I' M�1 SET64t.K. FR�r''� _ ?40RTH) M �` ItB — B11 FL SECTION Sca k , J 1 I U `: i �•• .,: f'�."-"' 7 or 1 S i , I F W z o C cy J o_ Q • a O ce W LL ^ � jj L ' 1 _ a � V # 1 r P Q u- n Q \ \ 0- 06 Q w Z ULI y V1 _ ` I ' ~ 11�Y � .••w/0. 1�..Y i� + � I I 1 J Y O \ w1n cL QQ Y w to a O NK I MOtc Line A-A ; -- 9\.A O 3 Ae t ' 464Cv04 f ,�c i 1 i�I � , r- L l 'r'• - it S. 2 ��.:� .,��-., t� .,; � � - •ter: -ram ��;....�_.: �- �� � � ��t �,..`�� ;� v��� �° �'�.-�..-�- ,._ V : 1 - um I / i I I °�.../ ( � / / 1 • �l•`tom.. /yA�`r�-.`.•yam- D it V/ �N I� 1 I �-• ✓� 1 : - / ,,�c�', ''`{ �/�'(y�� /.•', �� Jlll :- .J i f-%' 1• 1 ,i `,.• �' �' �'GG...++"" �_ V ..• A'::-{ram Boardwalk ui110, . - - _ _ r 771 (n -A W 41 Too 1 I yy ..1V4�JC._lYh �'A �� O / / ..� _' _•--_•_.___.._t_.....«.,..... .......-.___ _ 1 f$,� 1 ' \ v � I✓ �V f4/. `,� Lr•�✓ it /►, , f r) I t '/ ..f}n,I � 1 s .. r I �Ap -A : : A ' , 'Y _ -r N f JL. Match Line A-A - __ -- - -_..__.. ___ %IL►^I�.►. _ ----- _�4. � }. . _. e-4 jkl -'I 1641 ' �"— -- F��'-•.- •-:I... _1 N _- �1 i I ;; ;f, '\ n� 7_ _ —"t I �• �f F�,L►Nl,��: C�t'►��.I_ Ir"�__ I _ � . 14 > r - - - ( z 10 Drainage Easement 0 , 1r� cc -- I .-A _ - - ,�- - Property Line 1 - - - - - - - - - - - - !l Curbl- ne i j. cry ofp . . . . .. . . 4� tr ''� `4- -� � _....,r.__..-Imo` �. I >r'•'.rf.j� ..� ___ -^ I. I � s EFIT ERT wClT ' 7 F' ! A nES IVTQ O zoOM mOF E �` � F Cf4f � ccStreetMENrAL U BIT SERVICES H 6A ' SE P iA F LVER No . ?_ __..,. T NUMBER <.<. S HEE AGT QN FOR IFaY _ � , 04 ONE YCM ®P T141§ Ai'MiV4 Ifik11N O Z 0 40 80 120 OF ' r" , '.<„ €.�, ,.s 3 •�'`,fig �`y.�, a�c�,K r I i � ,rf �. •�' �'#gym. �t' i tn,.,d�. � {�'3�".�,'�` *�•�*,t,Ya".�"'°" �$'` � �' i, � } '. - : �' ,x,. y,�:,yz z �..b.° •M �..�, .,.fir 5.' s, �. r z, t c{ ~'Y. r �:- n R; ,; ry�r.• -,9 xr, ,x '"Fu "^7i3d'ir"N�PIIF+tF.`i�A! " ,4„'G, r 4`