HomeMy WebLinkAboutTT 14998 PORTOLA AVENUE/HOVELY LANE WEST/CONDOS 1983 FILE 1 POST OFFICE BOX 1977, PALM DESERT, CALIFORNIA 92261
TELEPHONE(619)346-0611
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: July 7, 1983
Kaufman & Broad
c/o Wagner-Stanford Consultants
221.E. Walnut, Suite 138
Pasadena, CA 91101
Re: Case Nos. DP 11-80 an T 14998 ime Extension)
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its meeting of July 5, 1983.
.Approved extension to July 22, 1984
Any appeal of the above action may be made in writing to the director of environmental
services, City of Palm Desert, within fifteen (15) days of the date of the decision.
RAMON A. DIAZ, SE RETARY
PLANNING COMMISSION
RAD/lcr
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MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - JULY 5, 1983
7:00 P.M. - CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER - 7:00 P.M.
H. PLEDGE OF ALLEGIANCE - Commissioner Downs
III. ROLL CALL
Members Present: Commissioner Downs
Commissioner Kryder
Commissioner Richards
Chairman Wood
Members Absent: Commissioner Crites
Staff Present: Ramon A. Diaz
Stan Sawa
Phil Joy
IV. APPROVAL OF MINUTES: June 21, 1983
Moved by Commissioner Richards, seconded by Commissioner Downs, to approve
the minutes as submitted; carried unanimously 4-0.
V. SUMMARY OF COUNCIL ACTION
Mr. Diaz reviewed the actions of the council for the meeting of June 23, 1983.
VI.. CONSENT CALENDAR
All matters listed on the consent calendar are considered to be routine and will be
enacted by one roll call vote. There will be no separate discussion of these items
unless members of the planning commission or audience request specific items be
removed from the consent calendar for separate discussion and action.
A. Case No. CUP 04-81 and 150 C - ROMEO'S STEAK HOUSE - Request for a
one year time extension for CUP 04-81 and 150 C for an addition to an
existing restaurant at 73-340 Highway 111.
B. Case No. DP 05-81 - WAGNER-STANFORD CONSULTANTS, INC. - Request
for a six month time extension for the construction of a 47 unit
condominium project on the north side of Hovley Lane, 2600 feet east of
Monterey Avenue.
C. Case No. TT 14998 and DP 11-80 (DP 11-79) - WAGNER-STANFORD
CONSULTANTS, INC. - Request for a one year time extension for the
construction and sale of a 28 lot subdivision containing 22 condominium
units on 4.75 acres located on the southwest corner of Hovley Lane and
Portola Avenue.
D. Case No. TT 17148 and CUP 02-82 - PIONEER MORTGAGE SALES
COMPANY - Request for a 12-month time extension to convert an existing
nine unit apartment complex to a condominium, located on the south side of
Shadow Mountain Drive, 850 feet east of Lupine Lane.
As requested at the previous meeting, staff explained the policy regarding
extensions of time for the various types of applications.
MINUTES
PALM DESERT PLANNING COMMISSION
JULY 5, 1983
Mr. Diaz explained that in those zoning cases not involving tentative tract or 1
parcel maps, applicants may request a one-year time extension and no limit was
established on the number of such requests. In those cases involving tentative
maps, the time limits were to run concurrently with the tentative maps. The
commission has established a policy of two continuances on public hearing items in
order to avoid the inconvenience to surrounding property owners of having to
return numerous times to testify on the same case.
Commissioner Richards stated he was satisfied with the clarification as presented.
Moved by Commissioner Richards, seconded by Commissioner Kryder, to approve
the consent calendar items as presented by staff; carried unanimously 4-0.
VII. PUBLIC HEARINGS - NONE
VIII. MISCELLANEOUS ITEMS
A. JOHN HOOTEN - Proposed housing development in the industrial zoned area
south of Hovley Lane, east of Cook Street.
MR. JOHN HOOTEN was present during the study session prior to the meeting for
a discussion of his proposal.
Mr. Hooten's proposal concerned the potential development of an apartment
complex on 7 acres at the south side of Hovley Lane and east of Cook Street. The
property is currently zoned for industrial uses. Among the concerns raised by the
commission were 1) the impact of rezoning on the city's industrial acreage; 2) the
rear elevations of the structures; 3) and the possible use of garages in place of
carports for covered parking.
Mr. Hooten will be submitting appropriate applications in the near future; and will
revise his proposal to address the design issues raised.
It was concluded that the possible rezoning of the acreage involved, because of its
location and the current amount of vacant industrially zoned land, a rezoning would
not impact the city's industrial zoning requirements.
B. LEVINE JANUS, LTD. - Proposed auction gallery in the Palms to Pines
Plaza Shopping Center.
Mr. Diaz presented the request noting that a code amendment is required to allow
an auction house in the C-1 zone. He also noted that the proposed location of this
request had been changed to the Palm Desert Glass Company building on Highway
ill.
MR. ARTHUR LEVINE, 15580 Desert View Road, Whitewater, explained
that he wished to open a high quality auction house which deals primarily
with estate sales and bankruptcies. Mr. Levine presented a petition signed
by neighboring businesses supporting his proposal.
In response to a question from Commissioner Kryder, Mr. Levine indicated that his
business would primarily be that of an auction house as opposed to a retail store.
MR. ED BERKLEY, 41511 Bob Hope Drive, Rancho Mirage, property owner
of the proposed use, requested approval of the request to initiate a code
amendment to allow auction houses in the C-1 zone.
MS. CONNIE DOUDA, 71621 Mirage Road, Rancho Mirage, manager of the
Palm Desert Glass Co., noted that surrounding businesses favored the
proposed use.
-2-
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INTEROFFICE MEMORANDUM
City of Palm Desert
TO: PLANNING COMMISSION
FROM: DIRECTOR OF ENVIRONMENTAL SERVICES
SUBJECT: TIME EXTENSION REQUES TT 8 AND DP 11-79
DATE: JULY 5, 1983 —�
Wagner-Stanford Consultants, Inc., representing the applicant have requested a
time extension to implement previously approved Tentative Map 14998 and the
development plan related thereto.
The map and development plan permitted the construction and sale of a 28 lot
subdivision containing 22 condominium units on 4.75 acres located on the southwest corner
of Hovley Lane and Portola Avenue. There have not been revisions to the city's
development standards or plans that impact the development.
Staff Recommendation:
That the commission grant a one year time extension to implement TT 14598 and
DP 11-79.
AMON A. DIAZ
RD/Ir
W. DAVID WAGNER
_ BRUCE STANFO RD
WACNSQ-STAN�eQe CeNSLILTANTS pp,+,. t�
PLANNERS-CIVIL ENGI NEERS•SURVEYORS
JUN 2 01983
ECTYDOFPAL SERV ES
June 15, 1983 M DESERT
CITY OF PALM DESERT
45-275 Prickly Pear Lane
Palm Desert, California 92260
Attention: Mr. Stan Sawa,
Planning Department
Subject: Tentative Tract No. 14998
Dear Mr. Sawa:
On behalf of our client, Wagner-Stanford Consultants would like to
request an extension of time allowable by law on the above subject
tract.
If you have any questions„ regarding this matter, please do not
hesitate to contact our office.
Thank you for your assistance and cooperation.
Yours very truly,
WA CONSULTANTS,CONSULTANTS, INC.
Dolores Kuril
Secretary to Bruce Stanford
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J.N. 317-05-80
74-075 EL PASEO,SUITE A-7 • PALM DESERT,CALIFORNIA 92260 • PHONE(714)568-5696
W. DAVID WAGNER
BRUCE STANFO RD
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WACNEQ-STAN�eI�e CeNSLILTANTS �l/�'�`�,
PLANNERS-CIVIL ENGINEERS-SURVEYORS
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4V1Ro N � 01983
June 15, 1983 city FMP to co~Seq%
CITY OF PALM DESERT
45-275 Prickly Pear Lane
Palm Desert, California 92260
Attention: Mr. Stan Sawa,
Palnning Department
Subject: Development Plan 11-79
Dear Mr. Sawa:
On behalf of our client, Wagner-Stanford Consultants would like to
request an extension of time allowable by law on the above subject
development plan.
If you have any questions regarding this matter, please do not
hesitate to contact our office.
Thank you for your assistance and cooperation in the above matter.
Yours very truly,
WAGNER
�-STANFORD CONSULTANTS; INC.
GN
tSlel��c�it�LiC�
Dolores Kuri ,
Secretary to Bruce Stanford
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J.N. 317-05-80
74-075 EL PASEO,SUITE A-7 • PALM DESERT,CALIFORNIA 92260 • PHONE(714)568-5696
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
January 7, 1983
Wagner-Stanford Consultants
74-075 E1 Paseo, Suite A-7
Palm Desert, CA 92260
RE: CASE NOS: DP 11-80 and TT 14998
Dear Sirs:
Please be advised that the expiration dates for DP 11-80 and TT 14998 may be tied
together due to an amendment to the city municipal code. Unfortunately, by the time the
amendment took effect, the related design review case 214 MF, had expired (October 28,
1981 expiration date). The previously mentioned cases, DP 11-80 and TT 14998 will expire
July 22, 1983. An extension of an additional year may be requested within one month of
this expiration date.
Sincerely,
P.ZX ''
Phil Joy
Assistant Planner
W. DAVID WAGNER
BRUCE STANFORD
'UUAGNEQ-STAl►1�eQe CeNSLILTANTS
PLANNERS-CIVIL ENGINEERS-SURVEYORS
December 28 , 1982
��YlJlR3t9 Td3.HyPl�ii�{N'3
City of Palm Desert
Palm D Prickly Pear Lane
92260
Palm Desert , California 92260
a
Attention: Mr . Stan Sawa
Principal Planner
Subject : Development Plan 11-80
Tract No . 14998
Dear Mr . Sawa :
On behalf of our client , Kaufman and Broad , Wagner-
Stanford Consultants would like to request a one (1)
year extension on the above mentioned Development Plan .
Thank you for your assistance and cooperation in the
above matter .
Yours very truly ,
WAGNER-STANFORD CONSULTANTS
��"�"4 S .
Bruce Stanford
BS/dk
J.N: 317-05-80
cc : Kaufman and Broad Homes , Inc .
Wagner-Stanford Consultants/Irvine
74-075 EL PASEO;SUITE A-7 • PALM DESERT,CALIFORNIA 92260 • PHONE (714)568-5696
.Y
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45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260
TELEPHONE (714) 346-06I1
January 15 , 1982
Kaufman and Broad Homes , Inc .
18902 Bardeen Way
Irvine, California 92715
Subject : Request for a royal of 18 month time
extension on IT
4998
Gentlemen:
At its regular meeting of January 14, 1982 , the Palm Desert
City Council did approve the subject request by adopting
Resolution No. 82-2 .
I have enclosed a copy of said resolution for your files .
Sincerely,
SHEILA R. GILLIGAN
CITY CLERK
SRG/dh
C . C. Wagner-Stanford Consultants
74-075 El Paseo, #A-7
Palm Desert , Califonria 92260
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RESOLUTION NO. 82-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ANNOUNCING
FINDINGS AND APPROVING AN EIGHTEEN (18) MONTH
EXTENSION PURSUANT TO THE PROVISIONS OF
SECTION 26.20.140 OF THE PALM DESERT MUNICIPAL
CODE FOR APPROVED TENTATIVE TRACT MAP
TT14998.
CASE NO. TT 14998 (TIME EXTENSION)
WHEREAS, THE City Council of the City of Palm Desert, California, did on the
22nd day of December, 1981, receive a request from WAGNER-STANFORD
CONSULTANTS on behalf of KAUFMAN and BROAD HOMES, INC., for approval of a
time extension for a 28 lot Tentative Tract Map to allow construction of 22 residential
condominium units on 5 gross acres located at the southwest corner of Portola Avenue and
Hovley Lane.
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 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 KAUFMAN & BROAD HOMES, INC., is hereby granted an eighteen (18)
month time extension of the approval of Tentative Tract Map 14998.
2. That the Final Map for Tract No. 14998 must be filed prior to July 22, 1983 to
preserve the validity of said tract..
3. That Tentative Tract Map 14998 is subject to all conditions contained in
Resolution No. 81-11.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm
Desert, California, this 14 day of January , 1 9R7 , by the following vote, to
wit:
AYES: McPherson, Newbrander, Snyder F: ?Nilson
NOES: None
ABSENT: Puluqi
ABSTAIN: None
S, OYIWItSON, Mayo-,
ATTEST: j
SHEILA R. GI AN, Cit erk
City of Palm Desert, Cali rnia
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.S
CITY OF PALM DESERT
LEGAL NOTICE
REQUEST FOR APPROVAL OF A TIME EXTENSION FOR
A 28 LOT TENTATIVE TRACT MAP TO ALLOW
CONSTRUCTION OF 22 RESIDENTIAL CONDOMINIUM
UNITS ON 5 GROSS ACRES LOCATED AT THE
SOUTHWEST CORNER OF PORTOLA AVENUE AND
HOVLEY LANE.
CASE NO. TT 14998
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert
City Council to consider a request by KAUFMAN AND BROAD HOMES, INC. for a Time
Extension , to a 28 lot Tract Map to allow the construction of a 22 dwelling unit
condominium project and associated recreation amenities on 5 gross acres within the PR-5
(Planned Residential, 5 d.u./acres) zone located at the southwest corner of Portola and
Hovley Lane, more particularly described as:
APN 622-020-036
� a
z ..
7T 14998
........�'�=ass
A� �Do pry
SAID Public Hearing will be held on January 14, 1982,,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
December 31, 1981
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CITY OF PALM DESERT
TRANSMITTAL LETTER
I. TO: Honorable Mayor and City Council
IL REQUEST: Approval of a time extension for a 28 lot Tentative Tract Map to
allow construction of 22 residential condominium units on 5 gross
acres located at the southwest corner of Portola Avenue and Hovley
Lane.
III. APPLICANT: KAUFMAN do BROAD HOMES, INC. WALLACH do ASSOC., INC.
18902 Bardeen Way 74-075 El Paseo, #A-7
Irvine, CA 92715 Palm Desert, CA 92260
IV. CASE NO: TT 14998 (Renewal) (Time Extension)
V. DATE: January 14, 1982
VI. CONTENTS:
A. Staff Recommendation.
B. Discussion.
C. Draft Resolution No. 82- 2
D. Planning Commission Minutes involving Case No. TT 14998 (Renewal) (Time
Extension).
E. Planning Commission Resolution No. 666.
F. Planning Commission Staff Report dated December 30, 1980.
G. Related maps and/or exhibits.
--------------
A. STAFF RECOMMENDATION:
Waive further reading and adopt Resolution No. 82-2 , approving an eighteen (18)
month time extension for TT 14998.
B. DISCUSSION:
The applicant is requesting a time extension of the original Tract Map which was
approved by the City Council at its meeting of January 22, 1981. Since there are no
changes proposed, all previously imposed conditions will continue to be in effect.
/pa
RESOLUTION NO. 82-2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ANNOUNCING
FINDINGS AND APPROVING AN EIGHTEEN (18) MONTH
EXTENSION PURSUANT TO THE PROVISIONS OF_,
SECTION 26.20:140 OF THE PALM DESERT MUNICIPAL
CODE FOR APPROVED TENTATIVE TRACT MAP
TT14998.
CASE NO. TT 14998 (TIME EXTENSION)
WHEREAS, THE City Council of the City of Palm Desert, California, did on the
22nd day of December, 1981, receive a request from WAGNER-STANFORD
CONSULTANTS on behalf of KAUFMAN and BROAD HOMES, INC., for approval of a
time extension for a 28 lot Tentative Tract Map to allow construction of 22 residential
condominium units on 5 gross acres located at the southwest corner of Portola Avenue and
Hovley Lane.
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 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 KAUFMAN do BROAD HOMES, INC., is hereby granted an eighteen (18)
month time extension of the approval of Tentative Tract Map 14998.
2. That the Final Map for Tract No. 14998 must be filed prior to July 22, 1983 to
preserve the validity of said tract.
3. That Tentative Tract Map 14998 is subject to all conditions contained in
Resolution No. 81-11.
PASSED, APPROVED and ADOPTED by the .City Council of the City of Palm
Desert, California; 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
0
�✓ CITY OF PALM DESERT
TRANSMITTAL LETTER
I TO: Honorable Mayor and City Council
II. REQUEST: Approval of a Tentative Tract Map to allow the construction
of a 22 dwelling unit condominium project and associated
recreational amenities on 5 'gross acres within the PR-5
zone (Planned Residential , 5 d.u./acres maximum density)
located at the southwest corner of Portola Avenue and
Hovley Lane.
III. APPLICANT: KAUFMAN AND BROAD HOMES,, INC. WALLACH AND ASSOC. ; INC.
18902 Bardeen Way 74-075 El Paseo, #A-7
krvifle.,Calif. 92715 Palm Desert, Calif. 92260
IV. CASE NO: "'• .\TT 14998 (Renewal )
V. DATE: January ,, 1981
VI. CONTENTS:
A. Staff Recommendation.
B. Discussion.
C. Draft Resolution No. 81-11
D. Planning Commission inuF1' tes nvolving Case No. TT 14998 (Renewal ) .
E. Planning Commission Resolution No. 666.
F. Planning Commission Staff Report dated December 30, 1980.
G. Related maps and/or exhibits.
------------------------------------------------------------------------------
A. STAFF RECOMMENDATION:
Waive further reading and adopt Resolution No. 81-11 , approving TT 14998
(Renewal ) .
B. DISCUSSION:
This Tentative Tract Map has been filed to replace a previous Tract Map
which had expired. The project is the same as previously approved.
Specific findings and justification must exist to approve a Tentative
Tract Map. The attached Staff Report, dated December 30, 1980, documents
the findings and justification which support approval of this request.
As reflected in .the attached Planning Commission minutes of December 30,
1980, except for a general question regarding sidewalks , there was no
discussion or questions from the Commission, applicant or audience. There-
after, the Commission approved this request on a 4-1 vote (McLachlan absent;
RESOLUTION NO.. 81-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP
TO ALLOW CONSTRUCTION OF 22 RESIDENTIAL CONDOMINIUM
UNITS ON 5 GROSS ACRES LOCATED AT THE SOUTHWEST
CORNER OF PORTOLA AVENUE AND HOVLEY LANE.
CASE NO. TT 14998 (RENEWAL)
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 22nd day of January, 1981 , hold a duly noticed Public Hearing to
consider the request of KAUFMAN AND BROAD HOMES, INC. , for approval of a Ten-
tative Tract Map to allow the construction of a 22 dwelling unit condominium
project and associated recreational amenities on 5 gross acres within the PR-5
zone ( Planned Residential , 5 d.u./acres maximum density) located at the south-
west corner of Portola Avenue and Hovley Lane, more particularly described as:
APN 622-020-036
WHEREAS, the Planning Commission, by Resolution No. 666 , has
recommended approval subject to conditions.
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 has previously been assessed in connection with Case
Nos. DP 11-79 and TT 14998 (original ) , and no further documentation is deemed
necessary.
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 Tenta-
tive Tract Map:
a. That the proposed map is consistent with applicable
general and specific plans.
b. That the design or improvement of the proposed sub-
division 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, ac-
quired 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
RESOLUTION NO. 81-11 PAGE TWO
constitute the findings of the Council in this case.
2. That it does hereby approve the above described Ten-
tative Map No. TT 14998 (Renewal ) , for the reasons
set forth in this Resolution and subject to the
attached conditions.
FURTHER BE IT RESOLVED that the recommended conditions of approval
do include a requirement that the applicant pay in-lieu fees to comply with
the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance.
In return the City Council agrees to use said fees for park purposes in confor-
mance with an adopted master plan, within five (5) years of the recordation of
the final map.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
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
L_
RESOLUTION NG. 81-11 Page Three
STANDARD CONDITIONS OF APPROVAL
CASE NO. TENTATIVE TRACT 14998 (RENEWAL)
1 . The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to
all the requirements, limitations, and restrictions of all municipal
ordinances and State and Federal statutes now in force, or which here-
after may be in force.
2. Full public improvements including traffic safety lighting as required by
ordinance and the City Engineer shall be installed in accordance with City
standards.
3. Prior to submittal of the Final Map, the applicant shall provide the
Department of Environmental Services with a list of proposed street
names with at least three alternatives. The approval of the final street
name shall be made by the Director of Environmental Services.
4. Access rights to Hovley Lane and Portola Avenue, (except for one approved
entrance to each street) shall be offered to the City as a dedication on
the Final Map.
5. The C.C. & R's for this development shall be submitted to the Director of
Environmental Services for review, and final approval by the City Attorney
prior to the issuance of any building permits. Prior to recordation of the
final subdivision map, the applicant shall submit to the City Engineer:
a. The document to convey title.
b. Covenants and restrictions to be recorded (which have been
approved) .
c. Management and maintenance agreement to be entered into with
the owners of the units of the project (which has been approved) .
d. Lots indicated as common shall be retained in undivided interest
r granted to each homeowner.
it 6. Improvement plans for water and sewer systems shall meet the requirements
of the respective service districts.
7. Area shall be annexed to appropriate Improvement Districts having juris-
diction over the subject area.
8. 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.
9. All on-site utilities, including cable TV, shall be placed underground and
shall be completely concealed from view except certain appurtenances as
may be approved by the Director of Environmental Services.
10. Complete plans and specifications shall be submitted as required by Ordi-
nance to the City Engineer for checking and approval before construction
of any improvements is commenced. The subdivider shall submit "as built"
plans prior to acceptance of the subdivision improvements by the City.
11 . In order to maintain reasonable fire protection during the construction
period, the subdivider shall maintain passable vehicular access to all
buildings. An adequate number of fire hydrants with required fire flows
shall be installed as recommended by the Fire Marshal .
12. 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.
13. All requirements of the City Fire Marshal from his letter of December 12,
1980, shall be met as a part of the development of this tract.
14. The water system 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 of Tract No. 14998 is in accordance with the require-
ments prescribed by the City Fire Marshal ".
RESOLUTION NO. 81-11 Page Four
15. Drainage shall be subject to approval of the City Engineer. .
Applicant shall provide engineered data as requested.
16. All private streets shall be to City standards and be inspected by the
Engineering Department and a Standard Inspection Fee shall be paid.
17. All requirements of the Planning Commission action on the Development
Plan 11-80 and 214 MF shall be met as a part of the development of this
tract.
18. The total number of lots shall be limited to 22 for condominium unit
use, and other lots for common purposes as deemed necessary.
19. 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 .
20. Drainage and Signalization Fund contributions as required by City Ordinance
shall be paid prior to recordation of the Final Map.
21 . Developer shall pay in-lieu fees for Park and Recreation purposes to comply
with the requirements of Article 26.48 of the City of Palm Desert Sub-
division Ordinance.
SPECIAL CONDITIONS
1 . Provide installation of adjacent right-of-way design as follows:
Hovley Lane - dedication and improvement of 44 ft. half
street. Half street section to contain 32 ft. wide travel
lane, and 12 ft. public parkway (no sidewalk) , with
ornamental landscaping.
Portola Avenue - dedicate and improve 50 ft. half street.
Street section to contain ultimate 6 ft. (one-half of 12
ft. ) raised center median, 32 ft. wide travel lane, and
12 ft. public parkway and 20 ft. public access easement
with an 8 ft. wide meandering pedestrian/bike path, orna-
mental landscaping.
2. The grade of Hovley Lane shall be reestablished as directed and approved
by the Director of Public Works. All improvement plans shall be based on
that new grade.
3. Safety street lighting shall be installed at each tract entrance on
Hovley Lane and Portola .Avenue.
4. The map shall provide for 50% of the net site area (approx. 1 .96 acres)
to be held in common for open space purposes, this may be accomplished
by means of an easement.
5. Drainage facilities shall be provided per Ordinance No. 218 and Master
Drainage Plan to specifications of Public Works Director.
RESOLUTION NO. 81-11 Page Five
RIVEP.SICE COUNTY
FIRE DEPARTMENT
{ � �• y-: COUNTS" ;;.i-�ba IN COOPERATION WITH THE
sY.,,��+ •`'' Try;'; CALIFORNIA DEPARTMENT OF FORESTRY
R
DAVID L. FLAKE
COUNTY FIRE WARDEN 210 WEST SAN JACINTO STREE I
PERRIS, CALIFORNIA 92370
n December 12, 1980 TELEPHONE (7141 8S7-3183
DEC 15 1980
Ramon A. Diaz
Director of Environmental Services ENVIRONMENTAL SERVICES
City of Palm Desert CITY OF PALM DESERT.
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Reference: Case No. IP 11-80/TT 14998
Gentlemen:
Prior to construction of any of the proposed buildings, the following conditions
must be met:
I . Install a water system capable of delivering 2500 GPM fire flow for a two (2)
hour duration in addition to domestic or other Supply. The computation shall
be based upon a minimum of 20 psi residual operating pressure in the supply
main from which the flow is measured at the time of measurement.
2. Install Riverside County super fire hydrants so that no point of any building is
more than 250 feet from a fire hydrant measured along approved vehicular travel
ways. i
A. Hydrants shall not be located closer than 25 feet to any buiTding.
B. Exterior surfaces of hydrant barrels and heads shall be painted chrome
yellow and the tops and nozzle caps shall be painted green.
C. Curbs (if installed) , shall be painted red 15 feet in either direction from
each hydrant.
3. Prior to issuance of a building permit, the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
Upon approval , one copy will be sent to the Building Department and the original
will be returend to the developer.
4. The water system plan shall be signed by a registered civil engineer, and approv,by the water company, with the following certification: "I certify that the des;
of the water system in Case Number DP 11-80/ TT 14998 is in accordance with the
requirements prescribed by the Fire Marshal ."
5. Prior to delivery of combustible materials to the building site, the required
water system shall be installed, operating and delivering the required flow.
- I
0
l�_
RESOLUTION NO. 81-11 Page Six
Ramon Diaz
Dir. of Environmental_ Serv. 12/12/80
City of Palm Desert Page 2
6. Access gates shall be electronically controlled from emergency vehicles
by an approved system.
Sincerley,
DAVID L. FLAKE
County Fire Warden
BY r
Eric L. Vogl;
Fire Marshal
to
cc: J. Zimmerman, CVWD
7
I
MINUTES
PA_.. DESERT PLANNING COMMISSION MEtiING
TUESDAY - DECEMBER 30, 1980
7:00 P.M. - CITY HALL COUNCIL CHAMBERS
I: CALL TO ORDER
The regularly sche uled meeting of the Palm Desert Planning Commission was
called to order a 7:00 p.m. by Chairman Miller in the City Hall Council
Chambers.
II. PLEDGE OF ALLEG NCE - Commissioner Berkey
III. ROLL CALL
Members Prese t: Commissioner Berkey
Commissioner Kryder
Commissioner Richards
Chairman Miller
Excused A sent: Commissioner McLachlan
Staff Pr sent: Ramon A. Diaz, Director of Environmental Services
Stan Sawa,. Principal Planner
Phil Drell , Assistant Planner
Linda Russell , Planning Secretary
Other Present: Barry McClellan, Director of Public Works
IV. AP P OVAL OF MINUTES
Minutes of regular meeting of December 17, 1980.
otion was made by Commissioner Berkey, seconded by Commissioner Richards,
to a rove this minutes as submitted. Carried unanimously (4-0).
V. WRITTEN COMMUNICATIONS - NONE
VI. LIC HEAR
A. Case Nos. DP 11-80 and TT 14998 - KAUFMAN AND BROAD HOMES, INC. and
WALLACH AND ASSOCIATES, INC. , Applicants
Request for approval of a Development Plan and a Tentative
Tract Map to allow the construction of a 22 dwelling unit
condominium project and associated recreational amenities
on 5 gross acres within the PR-5 zone (Planned Residential ,
5 d.u./acres maximum density) located at the southwest
corner of Portola Avenue and Hovley Lane.
Mr. Sawa presented this case stating that this project was previously approvcc,
but has expired. He stated that the Design Review Board has approved this matter and
previous concerns have been addressed by the ORB. Mr. Sawa noted one concern, trash
pickup, was addressed in one of the conditions. Staff recommended approval .
Chairman Miller asked about the condition stating that there would be no
sidewalks. Mr. Sawa replied that the sidewalks are located on the east side.
Chairman Miller opened the Public Hearing asking if the applicant wished to
make a presentation.
MR. KEN BRANDT, Representative, 18902 Bardeen Way, Irvine, stated he reviewed-
the conditions and accepted them. He noted the project Engineer was present for any
questions.
Chairman Miller asked if there was anyone present who wished to speak in FAVOR
or OPPOSITION to this case. There being none, the Public Hearing was closed.
Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to
approve the Development Plan by adoption of Planning Commission Resolution No. 665,
and recommended approval to the City Council of Tentative Tract Map 14998 by adoption
of Planning Commission Resolution No. 666. Carried unanimously (4-0).
PLANNING COMMISSION RESOLUTION NO. 666
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF A TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF
22 RESIDENTIAL CONDOMINIUM UNITS ON 5 GROSS ACRES LOCATED
AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND HOVLEY LANE.
CASE NO. TT 14998 (RENEWAL)
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 30th day of December, 1980, hold a duly noticed public hearing to
consider the request of KAUFMAN AND BROAD HOMES INC. , for approval of a Tentative
Tract Map to allow the construction of a 22 dwelling unit condominium project and
associated recreational amenities on 5 gross acres within the PR-5 zone (Planned
Residential , 5 d.u./acres maximum density) located at the southwest corner of
Portola Avenue and Hovley Lane, more particularly described as:
622-020-036
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 has previously been assessed in connection with Case Nos. DP 11-79
and TT 14998 (original ) , and no further documentation is deemed necessary.
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 as justified in the staff report for TT 14998
dated December 30, 1980, to exist to recommend approval of the Tentative Tract Map:
1. That the proposed map is consistent with applicable general
and specific plans.
2. That the design or improvement of the proposed subdivision is
consistent with applicable general and specific plans.
3. That the site is physically suitable for the type of development.
4. That the site is physically suitable for the proposed density
of development.
5. That the design of the subdivision or the proposed improvements
are not likely to cause substantial environmental damage or
substantially and avoidably injurefish or wildlife or their
habitat.
6. That the design of the subdivision or the type of improvements
is not likely to cause serious public health problems.
7. 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.
WHEREAS, in the review of this Tentative Tract Map the Planning .Commission
has considered the effect of the contemplated action on the housing needs of the
region for purposes of balancing these needs against the public service needs of the
residents of the City of Palm Desert and its environs, with available fiscal and
environmental resources.
L 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 of the above described
Tentative Map No. 14998 (Renewal ) for the reasons set forth in
this Resolution and subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 666 Page Two
FURTHER BE IT RESOLVED that the recommended conditions of approval do
include a requirement that the applicant pay in-lieu fees to comply with the require-
ments of Article 26.48 of the City of Palm Desert Subdivision Ordinance. In return
it is recommended that the City Council agree to use said fees for park purposes in
conformance with an adopted master plan, within five (5) years of the recordation .of
the final map.
PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 30th day of December, 1980, by the following vote,
to wit:
AYES: BERKEY, KRYDER, RICHARDS, MILLER
NOES: NONE
ABSENT: MCLACHLAN
ABSTAIN: NONE
HARLES MILLER, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/lr
PLANNING COMMISSION RESOLUTION NO. 666 Page Three
STANDARD CONDITIONS OF APPROVAL
CASE NO. TENTATIVE TRACT 14998 (RENEWAL)
1. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to
all the requis�ements, limitations, and restrictions of all municipal
ordinances and State and Federal statutes now in force, or which here-
after may be in force.
2. Full public improvements including traffic safety lighting as required by
ordinance and the City Engineer shall be installed in accordance with
City standards.
3. Prior to submittal of the Final Map, the applicant shall provide the
Department of Environmental Services with a list of proposed street
. names with at least three alternatives. The approval of the final street
name shall be made by the Director of Environmental Services.
4. Access rights to Hovley Land and Portola Avenue, (except for one approved
entrance to each street) shall be offered to the City as a dedication on
the Final Map.
5. The C.C. & R's for- this development shall be submitted to the Director of
Environmental Services for review, and final approval by the City Attorney
` prior to the issuance of any building permits. Prior to recordation of
the final subdivision map, the applicant shall submit to the City Engineer:
a. The document to convey title.
b. Covenants and restrictions to be recorded (which have been
approved) .
C. Management and maintenance agreement to be entered into with the
owners of the units of the project (which has been approved) .
d. Lots indicated as common shall be retained in undivided interest
granted to each homeowner.
,•I
6. Improvement plans for water and sewer systems shall meet the requirements
of the respective service districts.
7. Area shall be annexed to appropriate Improvement Districts having juris-
diction over the subject area.
8. 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.
9. All on-site utilities, including cable TV, shall be placed underground and
shall be completely concealed from view except certain appurtenances as
may be approved by the Director of Environmental Services.
10. Complete .plans and specifications shall be submitted as required by Ordi-
nance to the City Engineer for checking and approval before construction
of any improvements is commenced. The subdivider shall submit "as built"
plans prior to acceptance of the subdivision improvements by the City.
11. In order to maintain reasonable fire protection during the construction
period, the subdivider shall maintain passable vehicular access to all.
buildings. An adequate number of fire hydrants with required fire flows
I shall be installed as recommended by the Fire Marshal .
L12. 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.
13. All requirements of the City Fire Marshal from his letter of December 12,
1980, shall be met as a part of the development of this tract.
14. The water system 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 of Tract No. 14998 is in accor-
dance with the requirements prescribed by the City Fire Marshal . "
PLANNING. COMMISSION RESOLUTION NO. 666 Page Four
15. Drainage shall be subject to approval of the City Engineer.
Applicant shall provide engineered data as requested.
16. All private streets shall be to City standards and be inspected by
the Engineering Department and a Standard Inspection Fee shall be paid.
17. All requirements of the Planning Commission action on the Development
Plan 11-80 and 214 MF shall be met as a part of the development of
this tract.
18. The total number of lots shall' be limited to 22 for condominium
unit use,. and other lots for common purposes as deemed necessary.
19. The applicant shall have twelve (12) months from the date of the
approval or conditional approval fo 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 .
20. Drainage and Signalization Fund contributions as required by City
Ordinance shall be paid prior to .recordation of the Final Map.
21. Developer shall pay in-lieu fees for Park and Recreation purposes to
comply with the requirements of Article 26.48 of the City of Palm
Desert Subdivision Ordinance.
SPECIAL CONDITIONS
1. Provide installation of adjacent right-of-way design as follows:
Hovley Lane - dedication and improvement of 44 ft. half
street. Half street section to contain 32 ft. wide travel
lane, and 12 ft. public parkway (no sidewalk) , with
ornamental landscaping.
Portola Avenue - dedicate and improve 50 ft. half street.
Street section to contain ultimate 6 ft. (one-half of 12
ft. ) raised center median, 32 ft. wide travel lane, and
12 ft. public parkway and 20 ft. public access easement
with an 8 ft. wide meandering pedestrian/bike path, orna-
mental landscaping.
2: The grade of Hovley Lane shall be reestablished as directed and approved
by the Director of Public Works. All improvement plans shall be based
on that new grade.
3. Safety street lighting shall be installed at each tract entrance on
Hovley Lane and Portola Avenue.
4. The map shall provide for 50% of the net site area (approx. 1.96 acres)
to be held in common for open space purposes, this may be accoplished
by means of an easement.
5. Drainage facilities shall be provided per Ordinance No. 218 and.
Master Drainage Plan. to specifications of Public Works Director.
PLANNING COMMISSION RESOLUTION NO. 666 Page five
t
""'• n RIVERSIDE COUNTY
V.: �.�:�.... S- FIRE DEPARTMENT
Cb I t TV )
I IN COOPERATION WITH THE
-��j•t1�'RIVES
"��'�Ce rs�, ! CALIFORNIA DEPARTMENT OF FORESTRY
DAVID L. FLAKE
COUNTY FIRE WARDEN
210 WEST SAN JACINTO STREET
December 12, 1980 P ERLEIPHONE`I 170RN1411 657-31V3
8�'2, .
Ramon A. Diaz DEC 15 1980
Director of Environmental Services ENVIRONMENTAL SERVICES
City of Palm Desert CITY OF PALM DESERT.
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Reference: Case No. P 11-80/TT 14998
Gentlemen:
Prior to construction of any of the proposed buildings, the following conditions
must be met:
1 . Install a'water system capable of delivering 2500 GPM fire flow for a two (2)
hour duration in addition to domestic or other supply. The computation shall
be based upon a minimum of' 20 psi residual operating pressure in the supply
r main from which the flow is measured at the time of measurement.
2. Install Riverside County super fire hydrants so that no point of any building is
Il more than 250 feet from a fire hydrant measured along approved vehicular travel
ways.
A. Hydrants shall not be located closer than 25 feet to any building.
B. Exterior surfaces of hydrant barrels and heads shall be painted chrome
yellow and the tops and nozzle caps shall be painted green.
C. Curbs (if installed) , shall be painted red 15 feet in either direction from
each hydrant.
3. Prior to' issuance of a building permit, the developer shall furnish the Original
and three (3) copies of the water system plan to the Fire Marshal for review.
Upon approval , one copy will be sent to the Building Department and the Original
will be returend to the developer.
4. The water system plan shall be signed by a registered civil engineer, and approver
by the water company, with the following certification: "I certify that the des!
of the water system in Case Number DP 11-80/ TT 14998 is in accordance with the
requirements prescribed by the Fire Marshal ."
5. Prior to delivery of combustible materials to the building site, the .required
water system shall be installed, operating and delivering the required flow.
0
r
PLANNING COMMISSION RESOLUTION NO. 666 Page Six
Ramon Diaz !
Dir. of Environmental. Serv. 12/12/80
. City of Palm Desert Page 2. !
I
6. Access gates shall be electronically controlled from emergency vehicles
by an approved system.
Sincerley,
DAVID L. FLAKE
County
Fire Warden
By
Eric L. Vog
Fire Marshal
to
cc: J. Zimmerman, CVWD
(j
a
l
CITY OF PALM DESERT
STAFF REPORT
To: Planning Commission
Report on: Residential Development Plan and Tentative Tract Map.
Applicant(s): Kaufman anga•oad Homes,. Inc. Wallach and Assoc. , Inc.
18902 Bardrm Way74-075 El Paseo #A-7
Irvine, CA 92715 Palm Desert, CA 92260
Case No(s): OP 11-80 a d TT 14998 Renewal )
Date: December 30, 1980
I. REQUEST:
Approval of a Development Plan and a Tentative Tract Map to allow the
construction of a 22 dwelling unit condominium project and associated
recreational amenities on 5 gross acres within the PR-5 zone (Planned
Residential , 5 d.u./acres maximum density) located at the southwest
corner of Portola Avenue and Hovley Lane.
LOCATIONAL MAP: ��' •- ._,y:
u
Q
t O
i u
TT 14998
...........
i�'�`•-'.�"'iii�:`�iiii ':'ii��i:� i'::'ii`tr is iii::
II. BACKGROUND: ::.:::-`E.._::_I`:,., _:�
A. ADJACENT ZONING/LAND USE:
North: PR-5 / Residential under construction.
South: PR-5 / vacant
East: OS / vacant
West: PR-5 / vacant
B. GENERAL PLAN LAND USE DESIGNATION:
Medium Density Residential 5-7 du/acre
C. ENVIRONMENTAL ASSESSMENT:
The proposed project has been previously assessed in connection with Case
Nos DP 11-79 and TT 14998 (Original ) , and no further documentation is
deemed necessary by the Director.
D. PREVIOUS PERTINENT CASES:
DP 11-79, T & D CAL INVESTMENTS - Development Plan for 22 condominium units a
approved by Planning Commission on October 17, 1979, by a option of Resolu-
tion No. 537 approval expired October 18, 1980.
TT 14998, T & D CAL. INVESTMENTS - Tentative Tract for 28 lots (22 residential
lots) approved by City Council on November 8, 1979, by adoption. of Resolution
No. 79-134. Approval expired November 9, 1980.
214 MF, KAUFMAN AND BROAD - preliminary and final working drawings have been
approved by Design Review Board and Planning Commission. Approval expires
on August 6, 1981 .
STAFF REPORT y
CASE NOS DP 11-80 and TT 14998 (Renewal )
December 30, 1980 Page 2
III. DISCUSSION:
A. GENERAL
This project was previously approved as noted above in 1979. . The Development
Plan and Tentative Tract approval expired in October and November of this
year, respectively, without implementing on the project. Therefore, they have
refiled for approval of the same project. The applicants have gone through
the Design Review Board with preliminary and final working drawings. The DRB
approval is valid until August 6, 1981 .
The plans (site plan, elevations, and Tentative Tract Map) submitted reflect
the approval of the DRB and is somewhat modified from the original approval
in 1979.
The project consists of 11 single story duplex structures (22 units) 2 tennis
courts, and one pool and jacuzzi . Access is provided through one° driveway oil
Portola Avenue and one dirveway on Hovley Lane.
Previous concerns pertaining to Blowsand protection, perimeter .treatment, and
plan design have been addressed by the DRB approval . A new concern not ade-
quately reviewed is that of trash pick-up. A representative of the trash
company states that due to circulation design they will not be able to pick
up trash individually from each unit. Therefore, a trash enclosure (2 bin
capacity) must be provided in close proximity to each driveway entry.
Bq TENTATIVE TRACT MAP
The Tentative Tract Map provides for thirty-two (32) lots (22 condominium
lots and 10 lots for common areas).
CV Specific findings and justification must be made in order to recommend approv0
If a tentative tract map to the City Council . Those findings are as follows:
1 . That the _.§. moo is consistent with applicable
general and specific plans.
2- That the design or improvement of the proposed subdivision
is consistent with applicable general and specific plans.
3. That the site is physically suitable for the type of devel-
opment.
4. That the site is physically suitable for the proposed
density of development.
5. That the design of the subdivision or the proposed improve-
ments are not likely to cause substantial environmental
damage or substantially and aviodably injure fish or wild".
: life or their habitat.
6. That the design of the subdivision or the type of improvements
is not likely to cause serious public health problems.
7. 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 pro-
posed subdivision.
The justification in support of those findings are as follows:
1 . The adopted General Plan indicates 5-7 du/acres and the pro••
posed density of 4.63 du/acre is below the maximum density.
2. Hovley Lane, Portola Avenue will be improved and drainage
facilities will be provided in conformance with the adopted
General Plan and Master Drainage Plans. The proposed resi-•
dential development is consistent with the adopted General Plan.
STAFF REPORT
CASE NOS DP 11-80 and TT 14998 (Renewal )
December 30, 1980 Page 3
3,4. The site is of sufficient size, shape and topography for the
proposed type and density of development.
5,6. The design of the subdivision is not likely to cause substantial
environmental damage or serious public health problems because?t
will be developed"in concert with applicable local , state and
federal regulations.
7. There have been no easements acquired by the public at large
for access through or use of property within the proposed sub-
division.
Based on the justification there appears to be sufficient grounds for
approval .
IV. STAFF RECOMMENDATION:
Based on justification in staff report and draft Resolution:
Approve Development Plan and recommend approval of Tentative Tract Map to
City Council by adoption of Planning Commission Resolution Nos
,and respectively, subject to conditions.
C=�
W A7pq l '
ESTABLISHED IN 191E AS A PUBLIC -Ky.
�PSTRICS
COACHELLA VALLEY WATER DISTRICT
POST OFFICE BOX lose • COACHELLA, CALIFORNIA 92236 • .TELEPHONE(711)398.2661
DIRECTORS
RAYMOND R.RUMMONOS.PRESIDENT OFFICERS
TELLIS CODEKAS,VICE PRESIDENT LOWELL O.WEEKS,GENERAL MANAGER-CHIEF ENGINEER
C.J.FROST BERNAROINE SUTTON.SECRETARY
DENNIS M.HACKETT.AVOrTCR
STEVE D.BUXTON December 22, 1980 REDWINE AND SHERRILL.ATTORNEYS
File: 0163. 11
0421 .1
0721 .1
Department of Environmental Services
City of Palm Desert DEC 2 3 1980
P. 0. Box 1977
Palm Desert, California 92261 ENVIRONNIENT,,L. SERv!r,Eg
CITE" OF PAL:.1 DESERT
Gentlemen:
Re: Tract 14,998, Case No. DP 11-80
NE4, Sec. 8, T5S, RISE, S.D.M.
This area is protected from stormwater flows by Whitewater River Stormwater
Channel , and may be considered safe from stormwater flows. except in rare
instances.
This area is designated Zone C on Federal Flood Insurance rate maps which
are in effect at this time.
The District will furnish domestic water and sanitation service to this area
in accordance with the current regulations of this District.
This area shall be annexed to Improvement District Nos. 1'D and 70 of
Coachella Valley Water District for domestic water service.
This area shall be annexed to Improvement District Nos. 53 and 80 of
Coachella Valley Water District for sanitation service.
Very truly yours,
I
1 V -7G'Ji •�i''
Lowell 0. Week's
General Manager-Chief Engineer
CS:dlg
cc: Riverside County
Department of Public Health
46-209 Oasis Street
Indio, California 92201
Attention: Don Park
LL
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,r
W. DAVID WAGNER
BRUCESTANFORD
LEONARD CZARNOWSKI
IOHN E. CAVANAUGH
WAGINEQ-STAN�a4�� �DNSVVTANT9
PLANNERS-CIVIL ENGINEERS-SURVEYORS
December 22, 1981
City of Palm Desert -
45-275 Prickly Pear Lane 19a1
Palm Desert, California 92260
Attention: Mr. Stan Sawa
c ICES
Principal Planner Pt '%F
Subject: Tract No. 14998
Kaufman 6 Broad Homes', Inc.
Dear Mr. Sawa:
On behalf of our client, Kaufman And Broad, Wagner-Stanford Consultants
would like to request an extension on the above mentioned tract.
Enclosed please find an updated Property Owners' List, gummed labels
with current addresses, and the extension fee of $50.00.
Thank you for your cooperation and assistance in the above matter.
Very truly yours,
WAGNER-STANFORD CONSULTANTS
Dolores Kuri,
Secretary to
Bruce Stanford
/dk
Enclosures
J.N. 317-05-80
74-075 EL PASEO,SUITE A-7 • PALM DESERT,CALIFORNIA 92260 • PHONE(714)568-5696
CITY OF R4LM DESERT
REASU RER'S RECEW 5468
RECEIVED OF:
vt/46,�— STfIN ��'1�7J C'D,�Sy�Ti7��S.
DATE AMOUNT
FOR ✓ �a-
FOR 7-4A'f
?7— /f6PQe6
RECEIVED: CITY TREASURER
BY: 1�
ACCOUNT N AMOUNT
CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE
PAYOR
1
W. DAVID WAGNER
BRUCE STANFORD
LEONARD CZARNOWSKI
JOHN E.CAVANAUGH
w,��N�Q-sTnN�eQe eeNsu�Tn��s
PLANNERS-CIVIL ENGI NEERS•SURVEYORS
December 22, 1981
City of Palm Desert � iv
45-275 Prickly Pear Lane r� 2 19131
Palm Desert, California 92260
ENVIRONMENTAL SERVICES
Attention: Mr. Stan Sawa DESERT
Principal Planner CITY Of PALM
Subject: Tract No. 14998
Kaufman & Broad Homes, Inc.
Dear Mr. Sawa:
On behalf of our client, Kaufman And Broad, Wagner-Stanford Consultants
would like to request an extension on the above mentioned tract.
Enclosed please find an updated Property Owners' List, gummed labels
with current addresses, and the extension fee of $50.00.
Thank you for your cooperation and assistance in the above matter.
Very truly yours,
WAGNER-STANFORD CONSULTANTS
Dolores Kur
Secretary to
Bruce Stanford
/dk
_ Enclosures
J.N. 317-05-80
74-075 EL PASEO,SUITE A-7• PALM DESERT,CALIFORNIA 92260 • PHONE (714)568-5696
IINTEROFFICE MEMORANDUM
ICity of Palm Desert
TO: Director of Environmental Services
FROM: Director of Public Works
SUBJECT: TRACT NO. 14998 DATE: Apri l 1 , 1981
The applicant is requesting approval of the final map. Please review your files
to let me know if all conditions of approval , as they pertain to your department,
have been met.
BARR"cCLELLAN
DIRECTOR OF PUBLIC WORKS
BM/ms
LvL I� S I)
1 (/f
INTEROFFICE MEMORANDUM o 7
City of Palm Dese
0
TO: CB:ARRY. McCLELLAN, Dire for of ' Public Works
FROM: �J�—ER�, IN, Ca y Attorney
SUBJECT: Tra t 1'4998 DATE: May 15 , 1981
Dear Barry:
I have reviewed the CC&R' s forwarded to me on May
12th and find them satisfactory from my standpoint.
;Vr
y y truly,
ID J . ERWIN
DJE: st
encls .
E0flVED
FULOP, ROLSTON, BURNS & McKITTRfl
A LAW CORPORATION MAY 10 1981
May 4 , 1981 WACNE2-Sii"F70000NSULTANTS
THE FIFTH FLOOR PA'J.!DESI9RT-eflFlM
4041 Mn,ARTHUR BOULEVARD IRWIN M. FULOP
POST OFFICE BOX 2710 MARK A.IVENER
NEWPORT BEACH,CALIFORNIA 92660
A LAW CORPORATION
(714) 752-8585
CABLE: FULBRICK
9665 WILSHIRE BOULEVARD NEWPORT BEACH FAX(714) 752-0597
BEVERLY HILLS,CALIFORNIA 90212
(213) 278-6500 878-2654 BEVERLY HILLS FAX(213) 278-4631
WRITERS DIRECT DIAL NUMBER: PLEASE REPLY TO:
Newport Beach
FOR PICK-UP File No. 4867/13360
iis. Patt Queen
Kaufman & Broad of
Southern California, Inc.
18092 Bardeen Way
Irvine, California 92715
Re: Tract 14998
Dear Patt:
Enclosed is the draft Declaration of Covenants , Con-
ditions and Restrictions and Reservation of Easements for your
Tract 14998 in Palm Desert. As you have requested, we have
prepared the CC&R' s only- in draft form, so that you may provide
them to the City of Palm Desert for approval. Therefore, the
names for the project and the homeowners asosication are left
blank so that you may deteremine them at a later time. .
If you should have any questions , please feel free to
call.
Very truly yours,
Marilyn L. G rcia for
FULOP, ROLSTON URNS S.
McKITTRICK
MLG :dmh
Enclosure
RF-.17r-p,11,
rn
vc , /i �, l�1lGQR � AGENCY
t
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO :
FULOP, ROLSTON, BURNS & McKITTRICK (MLG)
4041 MacArthur Boulevard
P.O. Box 2710
Newport Beach, California 92660
(Space Above for Recorder' s Use)
i
DECLARATION OF COVENANTS , CONDITIONS AND
RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR
A PLANNED RESIDENTIAL DEVELOPMENT
FULOP. ROLSTON.
BURNS & McKITTRICK 0544S/MLG/4867/13360
A LAW CORPORATION ml7/04-30-81
i
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1 p 1
T �
DECLARATION OF COVENANTS , CONDITIONS
AND RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR
THIS DECLARATION is made on this day of ,
198 , by KENT LAND COMPANY, a California corporation, herein-
after referred to as "Grantor. "
P R E A M B L E :
A. Grantor is the Owner of certain real property ( ".Prop-
erties") in the City of Palm Desert, County of Riverside; State
of California, more particularly described as follows :
Lots 1 to 22 , inclusive , and Lots A, B,
C, D and E of Tract No. 14998 as shown
on a Subdivision Map, recorded on
, 198 , in Book , Pages
to , inclusive, of Maps,
in the Off—i e of the Riverside County
Recorder.
B. Grantor has deemed it desirable, for the efficient
preservation of the values and amenities in the Properties to
create a corporation under the Nonprofit Mutual Benefit Corpor-
ation Law of the State of California to which should be dele-
gated and assigned the powers of owning , maintaining and
administering the Common Area, maintaining the Association
Maintenance Areas, administering and enforcing the covenants
and restrictions, and collecting and disbursing the assessments
and charges hereinafter created. Grantor will or has caused
such corporation, the Members of which shall be the respective
Owners of Lots in the Properties, to be formed for the purpose
of exercising such functions.
C. Grantor intends to develop and convey all of the
Properties (as hereinafter defined) , pursuant to a general plan
for all of the Properties and subject to certain protective
covenants, conditions, restrictions, reservations, easements,
equitable servitudes , liens and charges, all running with the
Properties as hereinafter set forth.
D. Grantor hereby declares that all of the Properties
shall be held, sold, conveyed, encumbered, hypothecated,
leased, used, occupied and improved subject to the following
easements, restrictions , covenants, conditions and equitable
servitudes, all of which are for the purpose of uniformly
enhancing and protecting the value , attractiveness and desir-
ability of the Properties, in furtherance of a general plan for
the protection, maintenance, subdivision, improvement and sale
of the Properties or any portion thereof. The covenants,
conditions, restrictions, reservations, easements, and equi-
table servitudes set forth herein shall run with the Properties
and shall be binding upon all persons having any right, title
or interest in the Properties, or any part thereof , their
heirs, successors and assigns; shall inure to the benefit of
every portion of the Properties and any interest therein; and
shall inure to the benefit of and be binding upon Grantor, each
FULOP. ROLSTON.
BURNS & MCKITTRICK —1—
• LAW CORPORATION 0543S/14LG/4867/13360/
mlj/04-30-81
J""Fv'.'i.��`� "fir.� Y��Y.-.:/;'.t-:J.. __t .. .� =T� _ �. �n � �^ .N..._... .n,F.•. . .r�ry 'q...�':
TABLE OF CONTENTS
FOR
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
AND RESERVATION OF EASEMENTS
FOR
I
DESCRIPTION PAGE NO.
PREAMBLE 1
ARTICLE I DEFINITIONS 2
Section 1. 01 ARC 2
Section 1. 02 Articles 2
Section 1. 03 Assessment, Capital Improvement 2
Section 1. 04 Assessment, Common 2
Section 1. 05 Assessment, Reconstruction 2
Section 1. 06 Assessments, Special 2
Section 1. 07 Association 2
Section 1. 08 Association Maintenance Areas 2
Section 1. 09 Association Maintenance Funds 3
Section 1. 10 Beneficiary 3
Section 1. 11 Board or Board of Directors 3
Section 1. 12 Bylaws 3
Section 1. 13 Close of Escrow 3
Section 1. 14 Common Area 3
Section 1. 15 Common Expenses 3
Section 1. 16 Declaration 4
Section 1. 17 Deed of Trust 4
Section 1. 18 Dwelling Unit 4
Section 1. 19 Grantor 4
Section 1. 20 Family 4
Section 1. 21 Improvement 4
Section 1. 22 Lot 4
Section 1. 23 Manager 4
Section 1. 24 Member, Membership 4
Section 1. 25 Mortgage, Mortgagee , Mortgagor 5
Section 1. 26 Notice and Hearing 5
Section 1 . 27 Owner 5
Section 1. 28 Person 5
Section 1. 29 Properties 5
Section 1. 30 Record ; Recorded ; Filed or
Recordation 5
Section 1. 31 Rules and Regulations 5
t, ARTICLE II OWNERS ' PROPERTY RIGHTS 5
Section 2. 01 Owners' Easements of Enjoyment 5
Section 2. 02 Easements for Parking 7
Section 2. 03 Easements for Vehicular Traffic
and Pedestrian Traffic 7
Section 2. 04 Easements Over Sidewalk Areas 7
Section 2. 05 Easements for City Public Service Use 7
Section 2. 06 Waiver of Use 7
-i-
FUI.OP. ROLSTON.
BURNS L MCKITTRICK
A LAW CORPORATION 0544S/MLG/4867/13360
mlj/04-30-81
I
{
' I
TABLE OF CONTENTS (Continued)
DESCRIPTION PAGE NO.
Section 2. 07 Title to the Common Area 7
Section 2. 08 Easements for Water and Utility
Purposes 8
Section 2 . 09 Taxes 8
ARTICLE III ASSOCIATION 8
Section 3. 01 Organization of Association 8
Section 3. 02 Duties and Powers 8
Section 3. 03 Membership 8
Section 3. 04 Transfer 8
ARTICLE IV VOTING RIGHTS 9
Section 4. 01 Classes of Voting Membership 9
Section 4. 02 Vote Distribution 10
ARTICLE V JURISDICTION OF ASSOCIATION 10
ARTICLE VI COVENANT FOR MAINTENANCE ASSESSMENTS 11
Section 6. 01 Creation of the Lien and Personal
Obligation of Assessments 11
Section 6. 02 Maintenance Funds of Association 12
Section 6. 03 Purpose of Common Assessments 12
Section 6. 04 Basis of Maximum Common Assessment 14
Section 6. 05 Capital Improvement and Reconstruction
Assessments 15
Section 6. 06 Uniform Rate of Assessment 15
Section 6. 07 Date of Commencement of Common
Assessments 15
Section 6. 08 Supplemental Common Assessments 16
Section 6. 09 Association Budgets 17
Section 6. 10 Exempt Property 17
ARTICLE VII EFFECT OF NONPAYMENT OF ASSESSMENTS :
REMEDIES OF THE ASSOCIATION 17
Section 7 . 01 Effect of Nonpayment of Assessments :
Remedies of the Association 17
Section 7. 02 Notice of Assessment 18
Section 7. 03 Foreclosure Sale 18
Section 7. 04 Curing of Default 19
Section 7. 05 Cumulative Remedies 19
Section 7. 06 Mortgage Protection 19
ARTICLE VIII ARCHITECTURAL CONTROL 19
Section 8. 01 Members of Committee 19
' Section 8. 02 Review of Plans and Specifications 20
Section 8. 03 Meetings of the ARC 21
Section 8. 04 No Waiver of Future Approvals 21
Section 8. 05 Compensation of Members 21
Section 8. 06 Inspection of Work 21
Section 8. 07 Scope of Review 22
-ii-
FULOP. ROLSTON.
BURNS & MCKITTRICK0544S/MLG/4867/13360
A LAW CORPORARPORATIONION
L
mlj/04-30-81
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1 1 t
TABLE OF CONTENTS (Continued)
DESCRIPTION PAGE NO.
Section 8. 08 Variance 22
ARTICLE IX MAINTENANCE AND REPAIR OBLIGATIONS 23
Section 9. 01 Maintenance Obligations of Owners 23
Section 9 . 02 Maintenance- Obligations of
Association 23
Section 9 . 03 Damage to Common Area by Owners � 24
Section 9. 04 Damage and Destruction Affecting
Dwelling Units -- Duty to
Rebuild 24
ARTICLE X USE RESTRICTIONS 24
Section 10. 01 Single Family Residence 24
Section 10. 02 Business or Commercial Activity 24
Section 10. 03 Nuisances 24
Section 10. 04 Signs 25
Section 10. 05 Parking and Vehicular Restrictions 25
Section 10. 06 Animal Restrictions 26
Section 10. 07 Trash 26
Section 10 . 08 View Obstructions 27
Section 10. 09 Temporary Buildings 27
Section 10 . 10 Common Area Facilities 27
Section 10 . 11 Outside Installations 27
Section 10 . 12 Insurance Rates 27
Section 10. 13 Drilling 28
Section 10. 14 Further Subdivision 28
Section 10. 15 Drainage 28
Section 10. 16 Water Supply Systems 28
ARTICLE XI DAMAGE, DESTRUCTION OR COND914NATION OF
COMMON AREA 28
ARTICLE XII INSURANCE 30
Section 12. 01 Casualty Insurance on Insurable
Common Area 30
Section 12. 02 Insurance Obligations of Owners 30
Section 12. 03 Replacement or Repair of Property 30
Section 12. 04 Waiver of Subrogation 31
Section 12. 05 Liability and Other Insurance 31
ARTICLE XIII MORTGAGEE PROTECTION CLAUSE 32
ARTICLE XIV GRANTOR EXEMPTION 34
ARTICLE XV PARTY WALLS 35
Section 15. 01 General Rules of Law to Apply 35
Section 15. 02 Sharing of Repair and Maintenance 35
Section 15. 03 Destruction by Fire of Other Casualty 35
Section 15. 04 Weatherproofing 36
Section 15. 05 Right to Contribution Runs With Land 36
Section 15. 06 Arbitration 36
-iii-
FULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION 0544S/MLG/4867/13360 .
mlj/04-30-81
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TABLE OF CONTENTS (Continued)
DESCRIPTIO14 PAGE NO.
ARTICLE XVI GENERAL PROVISIONS 36
Section 16 . 01 Enforcement 36
Section 16. 02 Severability 37
Section 16. 03 Term 37
Section 16. 04 Interpretation 37
Section 16. 05 Termination and Amendment 37
Section 16. 06 No Public Right or Dedication 39
Section 16. 07 Constructive Notice and Acceptance ! 39
Section 16. 08 Reservation of Easements 39
Section 16. 09 Notices 39
Section 16. 10 No Representation or Warranties 39
Section 16 . 11 Special Provision for Enforcement
of Certain Bonded Obligations 40
Section 16. 12 Nonliability and Indemnification 40
Section 16.13 Priorities and Inconsistencies 41
SUBORDINATION 43
EXHIBIT "A" - ARTICLES OF INCORPORATION OF THE ASSOCIATION
EXHIBIT "B" - BYLAWS OF THE ASSOCIATION
EXHIBIT "C" - COPY OF INITIAL BUDGET OF THE ASSOCIATION
EXHIBIT "D" - DRAWINGS SHOWING LOCATION OF ASSOCIATION
MAINTENANCE AREAS '
EXHIBIT "E" - SIDEWALK AREAS SUBJECT TO EASEMENTS
-iv-
FULOR. ROLSTON.
BURNS & MCKITTRICK 0544S/fILG/4867/13360
A LAW CORPORATION
mlj/04-30-81 f
J
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1. .
Owner and their respective heirs, executors and administrators;
and may be enforced by Grantor, by any Owner or by the Associa-
tion (as hereinafter defined) .
ARTICLE I
DEFINITIONS
Unless otherwise expressly provided, the following words
and phrases when used herein shall have the meanings herein-
after specified.
Section 1. 01. "ARC" shall mean the Architectural Review
Committee created pursuant to Article VIII hereof.
Section 1. 02. "Articles" shall mean the Articles of
Incorporation of the Association filed or to be filed in the
office of the Secretary of State of the State of California, a
copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by this reference, as such Articles may be
amended from time to time.
Section 1. 03. "Assessment, Capital Improvement" shall mean
a charge against each Owner and his Lot, representing a portion
of the costs to the Association for installation or construc-
tion of any Improvements on any portion of the Common Area or
Association Maintenance Areas which the Association may from
time to time authorize, pursuant to the provisions of this
Declaration. Such charge shall be levied among all Owners and
their Lots in the same proportion as Common Assessments.
Section 1. 04. "Assessment, Common" shall mean the annual
or supplemental charge against each Owner and his Lot, repre-
senting a portion of the total, ordinary costs of maintaining,
improving, repairing, replacing, managing and operating the
Common Area and the Association Maintenance Areas, which are to
be paid by each Owner to the Association, 'as provided herein.
Section 1. 05. "Assessment, Reconstruction" shall mean a
charge against each Owner and his Lot, representing a portion
of the cost to the Association for reconstruction of any
portion of the Improvements on the Common Area and Association
Maintenance Areas pursuant to the provisions of this Declara-
tion. Such charge shall be levied among all Owners and their
Lots in the same proportion as Common Assessments.
Section 1. 06 . "Assessments, Special" shall mean a charge
against a particular Owner and his Lot, directly attributable
to, or reimbursable by, that Owner, equal to the cost incurred
by the Association for corrective action, performed pursuant to
the provisions of this Declaration or a reasonable fine or
penalty assessed by the Association plus interest and other -
charges thereon as provided for herein.
Section 1. 07. "Association" shall mean
, a corporation formed under the Non-
profit Mutual Benefit Corporation Law of the State of Cali-
fornia, its successors and assigns.
Section 1 . 08. "Association Maintenance Areas" shall mean
certain plantings, planted trees, shrubs, slopes, exterior
sidewalks and driveways and other landscaping Improvements
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which are located on the yard areas of the Lots as herein-
after defined, the exterior surfaces and roofing (excluding
glass areas) of all Dwelling Units, fences and walls, and
the sidewalk areas on the Lots over which the Association
and all Owners , their respective families , guests and invitees
have nonexclusive easements as provided herein, excepting
all paved areas , landscape areas and other portions of the
Lots which may be enclosed by patio walls. The Association
shall have a nonexclusive easement for maintenance purposes
over the Association Maintenance Areas. The Association
Maintenance Areas are depicted on the drawings which are
marked Exhibit 11D" , attached hereto and incorporated herein
by this reference.
Section 1 . 09. "Association Maintenance r'unos" shall mean
the accounts created for receipts and disbursements of the
Association, pursuant to Article VI hereof.
Section 1. 10. "Beneficiary" shall mean a mortgagee under a
mortgage or a beneficiary under a deed of trust, as the case
may be, and the assignees of such mortgagee or beneficiary.
Section 1. 11. "Board" or "Board of Directors" shall mean
the Board of Directors of the Association, elected in the
Bylaws of the Association.
Section 1. 12. "Bylaws" shall mean the Bylaws of the
Association; as adopted by the Board initially in the form of
Exhibit "B" attached hereto and incorporated herein by this
reference, as such Bylaws may be amended by the Members of the
Association from time to time.
Section 1. 13. "Close of Escrow" shall mean the date on
which a deed is Recorded conveying a Lot in the Properties
pursuant to a transaction requiring the issuance of a Final
Subdivision Public Report issued by the California Department
of Real Estate.
Section 1. 14 . "Common Area" shall mean all the real
property and Improvements, including, without limitation,
private streets and driveway areas, driveway and open parking
areas, landscape areas and recreational and storage facilities,
which are owned by the Association for the common use and
enjoyment of all of the Owners. The Common Area at the time of
the first Close of Escrow for the sale of a Lot in the
Properties shall include that certain real property located in
the City of Palm Desert, County of Riverside, State of
California, described more particularly as follows : .
Lots C., D and E of Tract 14998, as
shown on a Subdivision Map, recorded
on , 19 , in Book ,
Pages to , inclusive, of Maps, in
the Office of the Riverside County
Recorder.
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Section 1. 15. "Common Expenses" shall mean the actual and
estimated costs of : maintenance, management, operation, repair
and replacement of the Common Area and the Association Mainte-
nance Areas (including unpaid Special Assessments, Reconstruc-
tion Assessments and Capital Improvement Assessments) , includ-
ing those costs not paid by the Owner responsible for payment;
FULOP. ROLSTON.
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the costs of any commonly metered utilities and other commonly
metered charges for the Properties; costs of management and
administration of the Association including, but not limited
to, compensation paid by the Association to managers, accoun-
tants, attorneys and other employees; the costs of all utili-
ties , gardening , trash pick-up and other services benefiting
the Common Area and the Association Maintenance Areas ; costs of
maintaining clustered mailboxes ; the costs of fire, casualty
and liability insurance , worker ' s compensation insurance, and
other insurance all covering the Properties; the costs of
bonding the members of the management body; taxes paid by the
Association; amounts paid by the Association for discharge of
any lien or encumbrance levied against the Properties, or
portions thereof; and the costs of any other item or items
designated by the Association for any reason whatsoever in
connection with the Properties, for the benefit of all of the
Owners.
Section 1. 16. "Declaration" shall mean this instrument as
it may be amended from time to time.
Section .1. 17. "Deed of Trust" shall mean a mortgage or a
deed of trust as the case may be.
Section 1. 18. "Dwelling Unit" shall mean a building
located on a Lot designed and intended for use and occupancy as
a residence by a single family.
Section 1. 19. "Grantor" shall mean KENT UAND COMPANY, a
California corporation, its successors and any Person to which
it shall have assigned any rights hereunder by express written
assignment.
Section 1. 20. "Family" shall mean (1) a group of natural
persons related to each other by blood or legally related to
each other by marriage or adoption, or (2) a group of not more
than four ( 4) natural persons not all so (elated, inclusive of
their domestic servants, who maintain a common household in a
Dwelling Unit on a Lot.
Section .1 . 21. "Improvement" shall mean any structure or
appurtenance thereto of every type and kind, including but not
limited to buildings, outbuildings, walkways, sprinkler pipes,
recreational facilities, laundry facilities, roads, driveways,
open parking areas, fences , screening walls , retaining walls,
stairs, decks, landscaping, antennae , hedges, windbreaks,
plantings, planted trees and shrubs, poles, signs, exterior air
conditioning and water-softening fixtures or equipment.
Section 1. 22. "Lot" shall mean any residential Lot or
parcel of land shown upon any Recorded subdivision map or
Recorded parcel map of the Properties , with the exception of
the Common Area.
Section 1. 23. "Manager" shall mean the Person appointed by
the Association hereunder as its agent and delegated certain
duties, powers or functions of the Association as further
provided in this Declaration and in the Bylaws.
Section 1. 24. "Member" , "Membership" . "Member" shall mean
any Person holding a membership in the Association, as provided
in this Declaration. "Membership" shall mean the property,
FULOP. ROLSTON.
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voting and other rights and privileges of Members as provided
herein, together with the correlative duties and obligations
contained in this Declaration and the Articles and Bylaws of
the Association.
Section 1. 25. "Mortgage" , "Mortgagee" , "Mortgagor. "
"Mortgage" shall mean any mortgage or deed of trust or other
conveyance of a Lot or other portion of the Properties to
secure the performance of an obligation, which will be recon-
veyed upon the completion of such performance . The term "Deed
of Trust" or "Trust Deed" when used herein shall be synonymous
with the term "Mortgage. " The term "Mortgagee" shall mean a
person or entity to whom a Mortgage is made and shall include
the beneficiary of a Deed of Trust. "Mortgagor" shall mean a
person or entity who mortgages his or her Lot to another ( i.e. ,
the maker of a Mortgage) , and shall include the Trustor of a
Deed of Trust. The term "Trustor" shall be synonymous with the
term "Mortgagor" , and the term "Beneficiary" shall be synony-
mous with the term "Mortgagee. "
Section 1. 26. "Notice of Hearing" shall mean written
notice and a hearing before the Board, at which the Owner
concerned shall have an opportunity to be heard in person, or
by counsel at Owner ' s expense, in the manner further provided
in the Bylaws.
Section 1. 27. "Owner" shall mean the Person or Persons,
including Grantor, holding fee simple interest of record to any
Lot which is a part of the Properties, including sellers under
executory contracts of sale, but excluding those having such
interest merely as security for the performance of an obliga-
tion.
Section 1. 28. "Person" shall mean a natural individual or
any other entity with the legal right to hold title to real
property.
Section 1. 29. "Properties" shall mean all of the real
property described in. Paragraph A of the Preamble to this
Declaration.
Section 1. 30. "Record" ; "Recorded" ; "Filed" or "Recorda-
tion" shall mean, with respect to any document, .the recordation
of such document in the office of the County Recorder of the
County in 'which the Properties are located.
Section 1. 31. "Rules and Regulations" shall mean the
rules and regulations adopted by the Board pursuant to the
Bylaws as such Rules and Regulations may be amended from time
to time.
ARTICLE II
OWNERS ' PROPERTY RIGHTS
Section 2. 01. Owners ' Easements of Enjoyment. Every Owner
shall have a right and easement of ingress and egress and of
enjoyment in, to and over the portions of the Common Area owned
by the Association in fee which shall be appurtenant to and
shall pass with title to every Lot, subject to the following :
FULOP, ROLSTON,
BURNS & MCKITTRIOK
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(a) The right of the Association to reason-
ably limit the number of guests of Owners using
the Common Area facilities;
(b) The right of the Association to estab-
lish uniform Rules and Regulations pertaining to
the use of the Common Area;
(c) The right of the Association in accor-
dance with the Articles, Bylaws and this Declara-
tion, with the vote or written assent of two-
thirds ( 2/3rds) of the voting power of each class
of Members, to borrow money for the purpose of
improving the Common Area and facilities and
Association Maintenance Areas and in aid thereof,
subject to the provisions of Article XIII of this
Declaration, to mortgage, pledge, deed in trust,
or hypothecate any or all of its real or personal
property as security for money borrowed or debts
incurred, provided that the rights of such
Mortgagee shall be subordinated to the rights of
the Owners;
(d) Subject to the provisions of Article
XIII of this Declaration, the right of the
Association to dedicate, release, alienate or
transfer the Common Area to any public agency,
authority, utility or other Person for such
purposes and subject. to such conditions as may be
agreed to by the Members. No such dedication,
release, alienation or transfer shall be effec-
tive, unless an instrument signed by Members
entitled to cast at least two-thirds (2/3rds) of
the voting power of each class of membership in
the Association, agreeing to such dedication,
release, alienation or transfer has been Recorded ;
(e) The right of Grantor and its sales
agents, representatives and prospective pur-
chasers, to the nonexclusive use of the Common
Area and any facilities thereof, without cost,
for access, ingress, egress, use and enjoyment,
in order to dispose of the Properties as provided
herein, until the last Close of Escrow for the
sale of a Lot in the Properties ; provided ,
however, that such use shall not unreasonably
interfere with the rights of enjoyment of the
other Owners as provided herein;
(f) The rights and reservations of Grantor
as set forth in Article XIV of this Declaration;
(g) The right of the Association (by action
of the Board) to reconstruct, replace or refinish
any Improvement or portion thereof upon the
Common Area and Association Maintenance Areas in
accordance with the original design, finish or
standard of construction of such Improvement, or
of the general Improvements within the Proper-
ties, as the case may be; and if not in accor-
dance with such original design, finish or
standard of construction only with the vote or
FULOP. ROLSTON.
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written consent of the Owners holding seventy-
five percent (75%) of the voting power of the
Association;
(h) The right of the Association to replace
destroyed trees or other vegetation and plant
trees, shrubs and ground cover upon any portion
of the Common Area; or
(i) The right of the Association, acting
through the Board, to reasonably restrict access
to areas of the Common Area.
Section 2. 02. Easements for Parking . The Association,
through its officers, committees and agents is hereby empowered
to establish "parking" , "guest parking" and "no parking " areas
within the Common Area in accordance with Section 22658 of the
California Vehicle Code, or any similar statute hereafter
enacted, as well as to enforce these parking limitations by all
means lawful for such enforcement on city streets, including
the removal of any violating vehicles by those so empowered.
Section 2. 03. Easements for Vehicular and Pedestrian
Traffic. In addition to the general easements for use of the
Common Area reserved herein, there shall be, and Grantor hereby
reserves and covenants for itself and all future Owners within
the Properties, nonexclusive easements appurtenant for
vehicular and pedestrian traffic over the private streets and
walkways within the Common Area, subject to the parking
provisions set forth in Section 2 . 02 hereof.
Section 2. 04. Easements Over Sidewalk Areas. In addition
to the easements set forth above, there shall be and Grantor
hereby reserves and covenants for itself and all future Owners
within the Properties, easements over the sidewalk areas
located on and running over the Lots, as more particularly
shown on Exhibit "E" attached hereto and incorporated herein by
this reference.
Section 2. 05. Easements for City Public Service Use . In
addition to the foregoing easements over the Common ,Area, there
shall be and Grantor hereby reserves and covenants for itself
and all future Owners within the Properties, easements for
public services of the City in 'which the Prooerties are loca-
ted, including but not limited to, the right of the police to
enter upon any part of the Common Area for the purpose of
enforcing the law.
Section 2. 06 . Waiver of Use . No Owner may exempt himself
from personal liability for assessments duly levied by the
Association, nor release the Lot or other property owned by him
from the liens and charges hereof, by waiver of the use and
enjoyment of the Common Area and any facilities thereon or by
abandonment of his Lot or any other property in the Properties.
Section 2. 07. Title to the Common Area. Grantor hereby
covenants for itself , its successors and assigns, that it will
convey to the Association fee simple title to the Common Area
free and clear of any and all encumbrances and liens, subject
to reservations , easements, covenants , and conditions then of
record, including those set forth in this Declaration. Such
conveyance shall be made prior to the first. Close of Escrow for
the sale of a Lot in the Properties.
FULOP. ROLSTON.
BURNS 3 MCKITTRICK
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Section 2. 08. Easements for Water and Utility Purposes.
In addition to the foregoing easements over the Common Area,
there shall be and Grantor hereby reserves and covenants for
itself and all future Owners within the Properties, easements
for public and private utility purposes, including but not
limited to, the right of any public utility or mutual water
district of ingress or egress over the Common Area for purposes
of reading and maintaining meters, and using and maintaining
fire hydrants located on the Common Area.
Section 2. 09. Taxes. Each Owner shall execute such
instruments and take such action as may reasonably be specified
by the Association to obtain separate real estate tax assess-
ment of each Lot. If any taxes or assessments may, in the
opinion of the Association, become a lien on the Common Area,
or any part thereof, they may be paid by the Association and
each Owner shall be obligated to pay or to reimburse the
Association for, as the case may be, the taxes and assessments
assessed by the County Assessor or other taxing authority
against the Common Area and attributable to his own Lot and
interest in the Common Area.
ARTICLE III
ASSOCIATION
Section 3 . 01. Organization of Association. The Associa-
tion is or shall be incorporated under the name of
ASSOCIATION, .as a corporation not for profit under
the Nonprofit Mutual Benefit Corporation Law of the State of
California.
Section 3. 02. Duties and Powers. The duties and powers of
the Association are those set forth in the Declaration, the
Articles and Bylaws, together with its general and implied
powers of a nonprofit mutual benefit corporation, generally to
do any and all things that a corporation organized under the
laws of the State of California may lawfully do which are
necessary or proper, in operating for the peace, health,
comfort, safety and general welfare of its Members, subject
only to the limitations upon the exercise of such powers as are
expressly set forth in the Articles, the Bylaws and in this
Declaration. Transfer of control to the Association over the
Association Maintenance Areas shall take place upon the first
Close of Escrow for the sale of a Lot in the Properties.
Section 3. 03 . Membership. Every Owner of a Lot, upon
purchasing such Lot, shall automatically become a Member of the
Association and shall remain a Member thereof until such time
as his ownership ceases, at which time his membership in the
Association shall automatically cease. Memberships in the
Association shall not be assignable, except to the Person to
which title to the Lot has been transferred, and every member-
ship in the Association shall be appurtenant to and may not be
separated from the fee ownership of such Lot. Ownership of
such Lot shall be the sole qualification for membership in the
Association.
Section 3. 04 . Transfer. The Association membership held
by any Owner of a Lot shall not be transferred, pledged or
alienated in any way, except upon the sale or encumbrance of
such Owner ' s Lot, and then only to the purchaser or Mortgagee
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of such Lot. Any attempt to make a prohibited transfer is
void, and will not be reflected upon the books and records of
the Association. A Class A Member who has sold his Lot to a
contract purchaser under an agreement to purchase shall be
entitled to delegate to such contract purchaser his membership
rights in the Association. Such delegation shall be in writing
and shall be delivered to the Board before such contract
purchaser may vote. However, the contract seller shall remain
liable for all charges and assessments attributable to his Lot
until fee title to the Lot sold is transferred. In the event
the Owner of any Lot should fail or refuse to transfer the
membership registered in his name to the purchaser of such Lot
upon transfer of fee title thereto, the Board of . Directors
shall have the right to record the transfer upon the books of
the Association. Until satisfactory evidence of such transfer
has been presented to the Board, the purchaser shall not be
entitled to vote at meetings of the Association.
ARTICLE IV
VOTING RIGHTS
Section 4. 01. Classes of Voting Membership. The Associa-
tion shall have two ( 2) classes of voting membership as follows :
Class A. Class A Members shall originally
be all Owners with the exception of the Grantor
for so long as there exists a Class B Member-
ship. Class A Members shall be entitled to one
(1) vote for each Lot owned and subject to
assessment. Grantor shall become a Class A
Member with regard to Lots owned by Grantor upon
conversion of Grantor ' s Class B Membership as
provided below. When more than one Person holds
an interest in any Lot, all such Persons shall be
Members. The vote for such Lot shall be exer-
cised in accordance with Article IV, Section 4 . 02
of this Declaration, and in no event shall more
than one ( 1) Class A vote be cast with respect to
any Lot.
Class B . The Class B Member shall be the
. Grantor and Grantor shall be entitled to three
( 3) votes for each Lot owned by Grantor and
subject to assessment. The Class B Membership
shall cease and be converted to Class A Member-
ship on the happening of any of the following
events, whichever occurs earlier :
(a) When the total votes outstanding
in the Class A Membership equal the total
votes outstanding in the Class B Membership;
or
(b) The second anniversary of the
original issuance of the Final Subdivision
Public Report for the Properties.
All voting rights shall be subject to the restrictions and
limitations provided in this Declaration and in the Articles
and Bylaws . Except as provided in Section 16. 11 of the Decla-
ration as long as there exists a Class B Membership, any
FULOP. ROLSTON.
BURNS 3 MCKITTRICK
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provision of this Declaration, the Articles or Bylaws which
expressly requires a vote or written consent of a specified
percentage of the voting power of the Association before being
undertaken shall require the approval of such specified percen-
tage of the voting power of each class of membership. Except.
as provided in Sections 16. 05 and 16. 11 of this Declaration and
Article VII of the Bylaws upon termination of the Class B
Membership and for as long as Grantor is entitled to exercise
twenty-five percent (25%) or more of the voting power of the
Association, any provision of this Declaration, the Articles or
Bylaws which expressly requires a vote or written consent of
Owners representing a specified percentage of the voting power
of the Association shall then require the vote or written
consent of Owners representing such specified percentage 'of
both the total voting power of the Association and the voting
power of the Association residing in Owners other than Grantor .
Section 4. 02. Vote Distribution. Class A Members shall be
entitled to one (1) vote for each Lot in which they hold the
interest required for membership. When more than one Person
holds such interest or interests in any Lot ( "co-owner") , all
such co-owners shall be Members and may attend any meetings of
the Association, but only one such co-owner shall be entitled
to exercise the vote to which the Lot is entitled. Such
co-owners may from time to time all designate in writing one of
their number to vote . Fractional votes shall not be allowed,
and the Class A vote for each Lot shall be exercised, if at
all, as a unit. Where no voting co-owner is designated or if
such designation has been revoked, the vote for such Lot shall
be exercised as the majority of the co-owners of the Lot
mutually agree. Unless the Board receives a written objection
from a co-owner, it shall be presumed that the corresponding
voting co-owner is acting with the consent of his or her
co-owners. No vote shall be cast for any Lot where the major-
ity of the co-owners present in person or by proxy and repre-
senting such Lot cannot agree to said vote or other action.
The nonvoting co-owner or co-owners shall be jointly and
severally responsible for all of the obligations imposed upon
the jointly owned Lot and shall be entitled to all other
benefits of ownership. All agreements and determinations
lawfully made by the Association in accordance with the voting
percentages established herein, or in the Bylaws, shall be
deemed to be binding on all Owners, their successors and
assigns.
ARTICLE V
JURISDICTION OF ASSOCIATION
The Association, acting through the Board, shall also have :
(a) The power and duty to maintain, repair and
otherwise manage the Common Area and Association Mainte-
nance Areas and all facilities , Improvements and landscap-
ing thereon in accordance with the provisions of Article VI
and Article IX of this Declaration.
(b) The power and duty to maintain any private sewer
systems within the Common Area and any private storm drains
or drainage facilities within the Common Area in accordance
with the provisions of Article VI and Article IX of this
Declaration.
FULOP, ROLSTON.
BURNS & MCKITTRICK
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(c) The power and duty to obtain, for the benefit of
the Properties, all commonly metered water, gas and elec-
tric services, and shall have the power but not the duty to
provide for refuse collection and cable or master tele-
vision service ( if any) , as necessary.
(d) The power and duty to grant easements, rights of
way, or strips of land, where necessary, for utilities and
sewer facilities over the Common Area to serve the Common
Area and the Lots.
(e) The power and duty to maintain such policy or
policies of liability and fire insurance with respect to
the Common Area and personal property, if any, owned: by the
Association and the Dwelling Units ( if the Association
elects to obtain a blanket policy pursuant to Section 12. 01
hereof) as provided herein in furthering the purposes of
and protecting the interests of the Association and Members
and as directed by this Declaration and the Bylaws of the
Association.
(f) The power but not the duty to employ or contract
.with a professional Manager to perform all or any part of
the duties and responsibilities of the Association, and
shall have the power to delegate its powers to committees,
officers and employees. Any such management agreement, or
any agreement providing for services by Grantor to the
Association, shall be for a term not in excess of one (1)
year, subject to cancellation by the Association for cause
at any time upon not less than thirty (30) days ' written
notice, and without cause (and without penalty or the
payment of a termination fee) at any time upon not less
than ninety ( 90) days' written notice. '
(g) The power but not the duty, after Notice and
Hearing , without being liable to any Owner, to enter upon
any Lot, for the purpose of enforcing 'by peaceful means the
provisions of this Declaration, or for the purpose of
maintaining or repairing any such area if for any reason
whatsoever the Owner thereof fails to maintain or repair
any such area as required by this Declaration. Such cost
shall be a Special Assessment and shall create a lien
enforceable in the same manner as other assessments as set
forth in this Declaration. The Owner shall pay promptly
all amounts due for such work, and the costs and expenses
of collection may be added, at the option of the Board of
Directors, to the amounts specially assessed against such
Owner.
ARTICLE VI
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 6. 01. Creation of the Lien and Personal Obligation
of Assessments . Grantor, for each Lot owned within the Proper-
ties, hereby covenants, and each Owner of any Lot by acceptance
of a deed therefor, whether or not it shall be so expressed in
such deed, is deemed to covenant and agree to pay to the
Association (1) annual Common Assessments for Common Expenses,
( 2) Capital Improvement Assessments, ( 3) Special Assessments,
and (4) Reconstruction Assessments; such assessments to be
established and collected as hereinafter provided. Except as
FULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION -11-
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provided in this Section 6. 01- all such assessments, together
with interest, costs and reasonable attorneys ' fees for the
collection thereof, shall be a charge on the Lot and shall be a
continuing lien upon the Lot against which such assessment is
made. Each such assessment, together with interest, costs and
reasonable attorneys' fees, shall also be the personal obliga-
tion of the Person who was the Owner of such property . at the
time when the assessment fell due. Subject to the provisions
of this Declaration protecting first Mortgagees, the personal
obligation for the delinquent assessments shall pass to the
successors-in-title of such Owner . This personal obligation
cannot be avoided by abandonment of a Lot or by an offer to
waive use of the Common Area.
Upon any voluntary or involuntary conveyance of a Lot, the
new Owner ( "Purchaser") shall be jointly and severally liable
with the previous Owner ( "Seller") for all unpaid assessments
levied by the Board of Directors against the Seller for his
share of the Common Expenses up to the time the grant or
conveyance was Recorded, without prejudice to the right of the
Purchaser to collect from the Seller therefor. However, any
such Purchaser shall be entitled to a statement from the Board
of Directors or the Management Agent of the Association, as the
case may be , setting forth the amount of the unpaid assessments
against the Seller due the Association; and the Purchaser shall
not be liable for, nor shall the Lot conveyed be liable for any
unpaid assessments levied by the Board of Directors against the
Seller in excess of the amount set forth in the statement;
provided, however, that -the Purchaser shall be liable for any
such assessment becoming due after the date of any such state-
ment. Notwithstanding the foregoing, any first Mortgagee or
other Purchaser for value who obtains title to a Lot pursuant
to the remedies provided in the first Mortgage or foreclosure
of the first Mortgage, shall not be liable for unpaid assess-
ments or charges against the mortgaged Lot which accrue prior
to the time such Mortgagee or Purchaser acquires title to that
Lot.
Section 6 . 02. Maintenance Funds of Association. The Board
of Directors shall establish no fewer than two (2) separate
accounts ( the "Association Maintenance Funds") into which shall
be deposited all monies paid to the Association, and from which
disbursements shall be made, as provided herein,. in the perfor-
mance of functions by the Association under the provisions of
this Declaration. The Association Maintenance Funds shall
include : (1) an Operating Fund for current expenses of the
Association, and ( 2) a Reserve Fund for replacements, painting
and repairs (which would not reasonably be expected to recur on
an annual or less frequent basis) of the Common Area and
Association Maintenance Area Improvements to the extent neces-
sary under the provisions of this Declaration. The Board of
Directors shall not commingle any amounts deposited into any of
the Association Maintenance Funds with one another. Nothing
F • contained herein shall limit, preclude or impair the establish-
ment of additional Maintenance Funds by the Association, so
long as the amounts assessed to, deposited into, and disbursed
from any such Fund are earmarked for specified purposes author-
ized by this Declaration.
Section 6. 03 . Purpose of Common Assessments. The Assess-
ments levied by the Association shall be used exclusively to
promote the common health, safety, benefit, recreation and
FULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION -12-
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f
welfare of the Owners and for the improvement and maintenance
of the Common Area and Association Maintenance Areas, as
provided herein. However, disbursements from the Reserve Fund
shall be made by the Board of Directors only for the specific
purposes specified in this Article VI . Disbursements from the
Operating Fund shall be made by the Board of Directors for such
purposes as are necessary for the discharge of its responsibil-
ities herein for the common benefit of all of the Owners, other
than those purposes for which disbursements from the Reserve
Fund are to be used. Nothing in this Declaration shall be
construed in such a way as to preclude the Association from
using any Assessments to abate any nuisance or annoyance
emanating from outside the boundaries of the Properties.
Common Assessments shall include, and the Association shall
acquire and pay for out of the applicable funds derived from
said Annual Assessments, the following :
(a) water, electrical, lighting and other
necessary utility services for the Common Area
and Association Maintenance Areas.
(b) Maintenance and repair of private
drives and parking areas lying within the Common
Area.
(c) Landscape planting and maintenance by
the Association of all landscaping and planted
areas within the Common Area and Association
Maintenance Areas, i-ncluding irrigation and
lighting .
(d) Painting, exterior maintenance and
minor repair and replacement as necessary of the
Association Maintenance Areas.
(e) Fire and casualty insurance with
extended coverage as provided herein, 'covering
the full insurable replacement cost of the Common
Area Improvements and, if approved by the Board
of Directors pursuant to Section 12. 01 hereof,
the Dwelling Units.
(f) Liability insurance, as provided
herein, insuring the Association against any
liability to the public or to any Owner, their
invitees or tenants incident to their occupation
and use of the Common Areas with limits of
liability to be set by the Board of Directors of
the Association, such limits and coverage to be
reviewed at least annually by the Association and
increased or decreased in its discretion. Such
errors and omissions and Directors and officers
liability insurance as the Board deems appropri-
ate pursuant to Article XII.
Y
(g) worker ' s compensation insurance to the
extent necessary to comply with any applicable
laws, medical payments insurance, and any other
insurance deemed necessary by the Board of
Directors of the Association.
FULOP. ROLSTON,
BURNS & MCKITTRICK
A LAW CORPORATION -13-
0543S/MLG/4867/13360/
mlj/04-30-81
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(h) Standard fidelity bonds covering all
Members of the Board of Directors of the Associa-
tion and other employees of the Association who
handle Association funds as and in an amount as
determined by the Board of Directors.
( i) Painting, maintenance, repair and
replacement of any buildings, equipment and
landscaping in, on and of the Common Area, as the
Board of Directors of the Association shall
determine is necessary and proper.
(j) Maintaining , repairing and otherwise
managing the Association Maintenance Areas, in
accordance with the provisions of Article IX of
this Declaration.
( k) Any other material, supplies, furni-
ture, labor, services, maintenance, repairs,
structural alterations, insurance , taxes or
assessments which the Association is required to
secure or pay for pursuant to the terms of this
Declaration or the Bylaws, or which in the
opinion of the Association' s Board to Directors
shall be necessary or proper for the operation
and maintenance of the Common Area or for the
enforcement of the restrictions and limitations
contained in this Declaration, the Bylaws,
Articles or Rules and Regulations.
Section 6. 04. Basis of Maximum Common Assessment. Until
the first day of the fiscal year immediately following the
first Close of Escrow for the sale of an improved Lot in the
Properties to an Owner, the maximum Common Assessment under
this Article VI shall be determined in accordance with the
budget of the Association as filed with the California Depart-
ment of Real Estate for the Properties. The first Common
Assessment shall be adjusted according to the number of months
remaining in the initial fiscal year.
If the Board of Directors determines that the initial
maximum Common Assessment is insufficient to meet the Common
Expenses of the Association during the remainder of the Associ-
ation' s initial fiscal year, the Board of Directors may, by
majority vote , increase that Common Assessment by not more than
ten percent ( 10%) above the maximum Common Assessment for such
year reflected in the initial budget of the Association. Any
proposed increase in the Common Assessment in excess of ten
percent (10%) shall be subject to approval by a majority of the
voting power of the Association.
(a) Commencing on the first day of the fiscal year
next following the first Close of Escrow for the sale of a
Lot, the maximum Common Assessment for any fiscal year may
}' be increased by the Board above the maximum Common Assess-
r
ment for the previous fiscal year, without a vote of the
Membership and effective no sooner than the first day of
each fiscal year, in an amount no more than the greater of
(i) ten percent (10% ) , or ( ii) the percentage (but not more
than twenty percent ( 20%) ) by which the U.S . Bureau of
Labor Statistics, Los Angeles - Long Beach - Anaheim Area,
Consumer Price Index for all Urban Consumers, has increased
i ULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION _ -14-
0543S/MLG/4867/13360/
mlj/04-30-81
:1
as of the date of the Common Assessment increase over the
level of the Index as of the close of the immediately
preceding fiscal year of the Association. Any increase in
the maximum Common Assessment which exceeds the maximum
increase authorized in this subsection (a) shall require
the vote or written consent of Members representing a
majority of the voting power of the Association.
(b) Except as provided in this Section 6 . 04 and
Section 6. 08, the Board of Directors may not fix a Common
Assessment at an amount which exceeds the maximum.
Section 6 . 05. Capital Improvement and Reconstruction
Assessments. In addition to the Common Assessments authorized
above, the Board of Directors of the Association may levy, in
any assessment year, a Capital Improvement Assessment or
Reconstruction Assessment applicable to that year only for the
purpose of defraying, in whole or in part, the cost of any
construction, reconstruction, repair or replacement of a
capital Improvement or other such addition upon the_ Common Area
or Association Maintenance Areas including fixtures and person-
al property related thereto; provided that any proposed Capital
Improvement Assessments in any fiscal year which exceeds five
percent (5%) of the budgeted gross expenses of the Association
for that fiscal year, shall require the vote or written assent
of a majority of the voting power of .each class of Members.
Section 6. 06. Uniform Rate of Assessment . Common Assess-
ments, Capital Improvement Assessments and Reconstruction
Assessments provided for in this Article VI shall, unless
otherwise indicated in the budget of the Association, be
assessed equally and uniformly against all Owners and their
Lots; provided, however, that the Association may, subject to
the provisions of Article IX, Section 9. 03, levy Special
Assessments against selected Owners who have caused the Associ-
ation to incur special expenses due to willful or negligent
acts of said Owners, their families, guests, invitees or
_agents. All installments of Common Assessments shall be
collected in advance on a regular basis by the Board of Direc-
tors, at such frequency as the Board shall determine from time
to time.
Section 6. 07. Date of Commencement of Common Assessments.
The Board of Directors shall authorize and levy the amount of
the annual Common Assessment upon each Lot, as provided herein,
by a majority vote of the Board. The annual Common Assessments
provided for herein shall commence as to all Lots in the
Properties on the first day of the month following the first
Close of Escrow for the sale of a Lot in the Properties. The
first annual Common Assessment shall be adjusted according to
the number of months remaining in the fiscal year as set forth
in the Bylaws. The Board of Directors shall fix the amount of
the Common Assessment against each Lot at least thirty ( 30)
days in advance of each Common Assessment period. Written
notice of any change in the amount of any annual Common Assess-
ment shall be sent to every Owner subject thereto, not less
than thirty ( 30) days prior to the effective date of such
change . The due dates shall be established by the Board of
Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an officer
or agent of the Association, setting forth whether the assess-
ments on a specified Lot have been paid. A properly executed
FULOP. ROLSTON.
BURNS h MCKITTRICK
A LAW CORPORATION -15-
0543S/MLG/4867/13360/
mlj/04-30-81
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certificate of the Association as to the status of assessments
against a Lot is binding upon the Association as of the date of
its issuance.
Each annual Common Assessment may be paid by the Owner to
the Association in one check or payment or in separate checks,
as payments attributable to deposits into specified Association
Maintenance Funds. In the event that any installment of a
Common Assessment payment is less than the amount assessed and
the payment does not specify the Association Maintenance Fund
or Funds into which it should be deposited, the receipt by the
Association from that Owner shall be credited in order of
priority first to the Operating Fund, until that portion of the
Common Assessment has been satisfied, and second to the Reserve
Fund.
At the end of any fiscal year of the Association, the
Owners may determine that all excess funds remaining in the
Operating Fund, over and above the amounts used for the opera-
tion of the Properties, may be returned to the Members propor-
tionately, or may be retained by the Association and used to
reduce the following year ' s Common Assessments . Upon dissolu-
tion of the Association incident to the abandonment or termi-
nation of the Properties, any amounts remaining in any of the
funds shall be distributed proportionately to or for the
benefit of the Members.
Notwithstanding any other provisions of this Declaration,
until (1) a notice of completion of a Dwelling Unit has been
Recorded, or ( 2) one hundred twenty (120) days from the date of
issuance of a building permit for the Dwelling Unit, whichever
occurs first, each Owner ( including Grantor) of a Dwelling Unit
shall be exempt from paying that portion of any Common Assess-
ment which is for the purpose of paying expenses and reserves
directly attributable to the existence and use of the Dwelling
Unit. Such exemption may include, but shall not necessarily be
limited to, the following : walkway lights, refuse disposal and
paint and roof reserves.
Section 6 . 08. Supplemental Common Assessments . If the
Board determines that the estimate of total charges for the
current year is , or will become, inadequate to meet all expen-
ses for the Properties for any reason, it shall immediately
determine the approximate amount of the inadequacy. Subject to
the provisions of Section 6. 04 of this Article VI, the Board
shall have the authority to levy, at any time by a majority
vote, a supplemental Annual Assessment, reflecting a revision
of the total charges to be assessed against each Lot. In no
event shall the sum of all increases in Annual Assessments
levied by the Board in any fiscal year ( including all supple-
mental Annual Assessments levied pursuant to this Section 6. 08
and increases authorized pursuant to Section 6. 04) exceed the
maximum Annual Assessment for the previous fiscal year by more
than twenty percent ( 208) , unless such excess increase has
first been approved by the vote or written assent of Members
representing fifty-one percent ( 51%) of the voting power of the
Association. Written notice of any change by the Board in the
amount of Common Assessment levied by the Association shall be
given to all Members not less than thirty (30) days prior to
the effective date of such change.
FULOP. ROLSTON,
BURNS & MCKITTRICK
A LAW CORPORATION -16-
0543S/MLG/4867/13360/
mlj/04-30-81
,
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Section . 6. 09. Association Budgets. The Board of Directors
shall cause to be prepared an annual report containing ( i) a
balance sheet and income statement reflecting income and
expenditures of the Association for each fiscal year, including
deposits in and withdrawals from the Reserve Fund and the
Operating Fund, ( ii) a statement of changes in financial
position, (iii) a statement of the place where the names and
addresses of the current Members of the Association may be
found and ( iv) any information required to be reported under
Section 8322 of the California Corporations Code. within
ninety (90) days after the close of the Association' s fiscal
year, the Board shall cause to be distributed a copy of each
such annual report to each Member, and to each first Mortgagee
who has filed a written request for copies of the same with the
Board of Directors, in the manner provided in the Bylaws of the
Association. The Board of Directors may cause financial
statements to be distributed to all Members in such greater
frequency and at such further intervals as deemed appropriate
by the Board of Directors of the Association. The annual
report shall be prepared by an independent accountant for any
fiscal year in which the gross income of the Association
exceeds Seventy-Five Thousand Dollars ($75, 000) . If the annual
report is not prepared by an independent accountant, it shall
be accompanied by the certificate of an authorized officer of
the Association, stating that the annual report was prepared
without audit from the books and records of the Association.
At least sixty ( 60) days prior to the beginning of each fiscal
year, the Board of Directors shall prepare and distribute to
the membership of the Association, a written, itemized estimate
(budget] of the income and Common Expenses of the Association
during such year in performing its functions under this Decla-
ration ( including a reasonable provision for contingencies and
deposits into the Reserve Fund, less any expected income and
accounting for any surplus from the prior year ' s respective
Association Maintenance Fund) . A copy of the initial budget of
the Association, as filed with the California Department of
Real Estate, reflecting in part the quality level of mainte-
nance to be performed upon the Common Area and Association
Maintenance Areas, is attached hereto as Exhibit "C" , and is
incorporated herein by this reference. Each annual Common
Assessment shall constitute an aggregate of separate assess-
ments for each of the Association Maintenance Funds, reflecting
an itemization of the amounts assessed and attributable to
prospective deposits into the Reserve Fund, the Operating Fund
and any other Association Maintenance Fund established by the
Association.
Section 6 . 10 . Exempt Property. The following property
subject to this• Declaration shall be exempt from the assess-
ments herein :
(a) All Properties dedicated to and accepted by a
local public authority; and
(b) The Common Area owned by the Association in fee .
ARTICLE VII
EFFECT OF NONPAYMENT OF ASSESSMENTS :
REMEDIES OF THE ASSOCIATION
Section 7. 01. Effect of Nonpayment of Assessments :
Remedies of the Association. Any installment of a Common
FULOP. ROLSTON.
BURNS h MCKITTRICK
A LAW CORPORATION -17-
0543S/MLG/4867/13360/
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Assessment, Capital Improvement Assessment, Special Assessment
or Reconstruction Assessment not paid within thirty (30) days
after the due date shall bear interest from the due date at the
rate of ten percent (10%) per annum. If any such installment
on an assessment is not paid within thirty (30) days after it
is due, the Owner responsible therefor may be required further
by the Board of Directors to pay a late charge of Five Dollars
($5. 00) or five percent ( 5%) of the amount of the delinquent
installment, whichever is greater. The Association may bring
an action at law against the Owner personally obligated to pay
the same , or foreclose the lien against the Lot. No Owner may
waive or otherwise escape liability for the assessments provid-
ed for herein by nonuse of the Common Area or abandonment of
his Lot. If any installment of a Common Assessment is not paid
within thirty ( 30) days after its due date, the Board may mail
an acceleration notice to the Owner and to each first Mortgagee
of a Lot which has requested a copy of the notice . The notice
shall specify (1) the fact that the installment is delinquent,
(2) the action required to cure the default, ( 3) a date , not
less than thirty ( 30) days from the date the notice is mailed
to the Owner, by which such default must be cured, and ( 4) that
failure to cure the default on or before the date specified in
the notice may result in acceleration of the balance of the
installments of the Common Assessment for the then current
fiscal year and sale of the Lot. The notice shall further
inform the Owner of his right to cure after acceleration and to
bring a court action to assert the non-existence of a default
or any other defense of the Owner to acceleration and sale . If
the delinquent installments of Common Assessments and any
charges thereon are not paid in full on or before the date
specified in the notice , the Board at its option may declare
all of the unpaid balance of the Annual Common Assessment to be
immediately due and payable without further demand and may
enforce the collection of the full Common Assessment and all
charges thereon in any manner authorized by law and this
Declaration.
Section 7. 02. Notice of Assessment. No action shall be
brought to enforce any assessment lien herein, unless at least
thirty (30) days has expired following the date a Notice of
Assessment is deposited in the United States mail, certified or
registered, postage prepaid , to the Owner of the Lot , and a
copy thereof has been Recorded by the Association; said Notice
of Assessment must recite a good and sufficient legal descrip-
tion of any such Lot, the record Owner or reputed Owner there-
of, the amount claimed (which may at the Association ' s option
include interest on the unpaid assessment at ten percent (10%) ,
plus reasonable attorneys ' fees and expenses of collection in
connection with the debt secured by said lien) , and the name
and address of the claimant. The Notice of Assessment shall be
signed and acknowledged by an officer of the Association, and
said lien shall be prior to any declaration of homestead
Recorded after the date on which this Declaration is Recorded.
� . The lien shall continue until fully paid or otherwise satisfied.
Section 7. 03. Foreclosure Sale . Any such sale provided
for above may be conducted by the Board of Directors, its
attorneys or other persons authorized by the Board in accor-
dance with the provisions of Sections 2924, 2924a, 2924b, 2924c
and 2924f of the Civil Code of the State of California, or in
accordance with any similar statute hereafter enacted appli-
cable to the exercise of powers of sale in mortgages and deeds
FULOP. ROLSTON.
BURNS & MCKITTRICK ((��
A LAW CORPORATION -1 -
0543S/P4LG/4867/13360/
mlj/04-30-81
i
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of trust, or in any other manner permitted by law. The Associ-
ation, through duly authorized agents, shall have the power to
bid on the Lot at foreclosure sale , and to acquire and hold,
lease, mortgage and convey the same.
Section 7. 04. Curing of Default. Upon the timely curing
of any default for which a Notice of Assessment was filed by
the Association, the officers thereof shall Record an appropri-
ate Release of Lien, upon payment by the defaulting Owner of a
fee , to be determined by the Association, but not to exceed
Fifty Dollars ($50 . 00) , to cover the cost of preparing and
Recording such release. A certificate executed and acknow-
ledged by any two ( 2) members of the Board stating the indebt-
edness secured by the liens upon any Lot created hereunder
shall be conclusive upon the Association and the Owners as to
the amount of such indebtedness as of the date of the certifi-
cate, in favor of all persons who rely thereon in good faith.
Such certificate shall be furnished to any Owner upon request
at a reasonable fee, to be determined by the Board.
Section 7. 05. Cumulative Remedies. The assessment liens
and the rights to foreclosure and sale thereunder shall be in
addition to and not in substitution for all other rights and
remedies which the Association and its assigns may have here-
under and by law, including a suit to recover a money judgment
for unpaid assessments, as above provided.
Section 7. 06. Mortgage Protection. Notwithstanding all
other provisions hereof,- no lien created under this Article
VII , nor any breach of this Declaration, nor the enforcement of
any provision hereof shall defeat or render invalid the rights
of the Beneficiary under any Recorded first Deed of Trust
(meaning any deed of trust with first priority over other deeds
of trust) upon a Lot made in good faith and for value ; provided
that after such Beneficiary or some other Person obtains title
to such Lot by judicial foreclosure or by means of the powers
set forth in such Deed of Trust, such Lot 'shall remain subject
to the Declaration and the payment of all installments of
Assessments accruing subsequent to the date such Beneficiary or
other Person obtains title.
ARTICLE VIII
ARCHITECTURAL CONTROL
Section 8. 01. Members of committee . The Architectural
Review Committee, sometimes referred to in this Declaration as
the "ARC" , shall consist of three (3) members. The initial
members of the ARC shall be representatives of Grantor.
Subject to the following provisions, Grantor shall have the
right and power at all times to appoint and remove a majority
of the members of the ARC or to fill any vacancy of such
majority until the "turnover date" which shall be the date on
which either ( i) Close of Escrow has occurred for the sale of
r ninety percent ( 900) of the Lots subject to this Declaration,
or ( ii) five ( 5) years following the date of issuance of the
Final Subdivision Public Report for the Properties, whichever
occurs earlier. Commencing one (1) year from the date of the
original issuance of the Final Subdivision Public Report for
the Properties, the Board shall have the power to appoint one
(1) member to the ARC, _ until the turnover date . Thereafter,
the Board shall have the power to appoint and remove all of the
FULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION -19
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members of the ARC. Persons appointed to the ARC by the Board
shall be from the membership of the Association, but Persons
appointed to the ARC by Grantor need not be Members of the
Association. The ARC shall have the right and duty to promul-
gate reasonable standards against which to examine any request
made pursuant to this Article, in order to ensure that the
proposed plans conform harmoniously to the exterior design and
. existing materials of the buildings in the Properties.
Section 8 . 02. Review of Plans and Specifications. The ARC
shall consider and act upon any and all plans and specifica-
tions submitted for its approval under this Declaration and
perform such other duties as from time to time shall be as-
signed to it by the Board, including the inspection of con-
struction in progress to assure its conformance with plans
approved by the ARC. No construction, alteration, addition,
installation, modification, decoration, redecoration or recon-
struction of an Improvement, including landscaping , in the
Properties shall be commenced or maintained, until the plans
and specifications therefor showing the nature, kind, shape,
height, width, color, materials and location of the same shall
have been submitted to the ARC and approved in writing by the
ARC. The Owner submitting such plans and specifications shall
obtain a written receipt therefor from an authorized agent of
the ARC. Until changed by the Board, the address for submis-
sion of such plans and specifications shall be 18902 Bardeen
Way, Irvine, California 92715. The ARC shall approve plans and
specifications submitted for its approval only if it deems that
the installation, construction, alterations or additions
contemplated thereby in the locations indicated will not be
detrimental to the appearance of the surrounding area of the
Properties as a whole , that the appearance of any structure
affected thereby will be in harmony with the surrounding
structures, and that the installation or construction thereof
will not detract from the beauty, wholesomeness and attractive-
ness of the Common Area or the enjoyment thereof by the Mem-
bers, and that the upkeep and maintenance 'thereof will not
become a burden on the Association.
The ARC may condition its approval of proposals or plans
and specifications for any Improvement ( 1) upon the applicants
furnishing the Association with security acceptable to the
Association against any mechanic ' s lien or other encumbrance
which may be Recorded against the Properties as a result of
such work, ( 2) on such changes therein as it deems appropriate ,
(3) upon the agreement by the Person (referred to in this
Section 8. 02 as "applicant" ) submitting the same to grant
appropriate easements to the Association for the maintenance of
the Improvement-, or ( 4) upon the agreement of the applicant to
reimburse the Association for the cost of such maintenance, or
all four, and may require submission of additional plans and
specifications or other information prior to approving or
disapproving material submitted. The ARC may also issue rules
or guidelines setting forth procedures for the submission of
plans for approval, requiring a fee payable to the Association
to accompany each application for approval, or additional
factors which it will take into consideration in reviewing
submissions. The ARC may provide that the amount of such fee
shall be uniform, or that it be determined in any other reason-
able manner, such as by the reasonable cost of the construc-
tion, alterations or additions contemplated. The ARC may
require such detail in plans and specifications submitted for
FULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORP RAT10N -20
05435/MLG/4867/13360/
mlj/04-30-81
J
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its review as it deems proper, including, without limitation,
landscape plans, floor plans, site plans, drainage plans,
elevation drawings and description or samples of exterior
material and colors. Decisions of the ARC and the reasons
therefor shall be transmitted by the ARC to the applicant at
the address set forth in the application for approval, within
forty-five (45) days after receipt by the ARC of all materials
required by the ARC. Any application submitted pursuant to
this Section 8. 02 shall be deemed approved, unless written
disapproval or a request for additional information or mater-
ials by the ARC shall have been transmitted to the applicant
within forty-five ( 45) days after the date of receipt by the
ARC of such application or additional information.
Section 8 . 03. Meetings of the ARC. The ARC shall meet
from time to time as necessary to perform its duties here-
under. The ARC may from time to time, by resolution unani-
mously adopted in writing , designate an ARC Representative (who
may, but need not, be one of its members) to take any action or
perform any duties for and on behalf of the ARC, except the
granting of variances pursuant to Section 8. 08. In the absence
of such designation, the vote or written consent of a majority
of the ARC, shall constitute an act of the ARC.
Section 8. 04. No Waiver of Future Approvals. The approval
of the ARC to any proposals or plans and specifications or
drawings for any work done or proposed or in connection with
any other matter requiring the approval and consent of the ARC,
shall not be deemed to constitute a waiver of any right to
withhold approval or consent as to any similar proposals, plans
and specifications , drawings or matter whatever subsequently or
additionally submitted for approval or consent.
Section 8. 05. Compensation of Members. The members of the
ARC shall receive no compensation for services rendered , other
than reimbursement for expenses incurred by them in the perfor-
mance of their duties hereunder.
Section 8. 06. Inspection of Work. Inspection of work and
correction of defects therein shall proceed as follows :
(a) The ARC or its duly authorized representative may
at any time inspect any Improvement for which approval of
plans is required under this Article VIII . However, the
ARC' s right of inspection of Improvements for which plans
have been submitted and approved shall terminate sixty ( 60)
days after the work of Improvement has been completed and
the respective Owner has given written notice to the ARC of
its completion. The ARC' s rights of inspection shall not
terminate pursuant to this paragraph if plans for the work
of Improvement have not previously been submitted to and
approved by the ARC. If, as a result of such inspection,
the ARC finds that the Improvement was done without obtain-
ing approval of the plans therefor or was not done in
substantial compliance with the plans approved by the ARC,
it shall notify the Owner in writing of failure to comply
with this Article VIII within sixty ( 60) days from the
inspection, specifying the particulars of noncompliance.
The ARC shall have the authority to require the Owner to
take such action as may be . necessary to remedy the noncom-
pliance.
FULOP. ROLSTON.
BURNS h MCKITTRICK
A LAW CORPORATION -21-
0543S/MLG/4867/13360/
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(b) If upon the expiration of sixty ( 60) days from
the date of such notification, the Owner has failed to
remedy the noncompliance, the ARC shall notify the Board in
writing of such failure. Upon Notice and Hearing, as
provided in the Bylaws, the Board shall determine whether
there is a noncompliance and, if so, the nature thereof and
the estimated cost of correcting or removing the same. If
a noncompliance exists, the Owner shall remedy or remove
the same within a period of not more than forty-five (45)
days from the date that notice of the Board ruling is given
to the Owner . If the Owner does not comply with the Board
ruling within that period, the Board, at its option, may
Record a Notice of Noncompliance and may peacefully remedy
the noncompliance, and the Owner shall reimburse the
Association, upon demand, for all expenses ( including
reasonable attorneys' fees) incurred in connection there-
with. If such expenses are not promptly repaid by the
Owner to the Association, the Board shall levy a Special
Assessment against the Owner for reimbursement as provided
in this Declaration. The right of the Association to
remove a noncomplying Improvement or otherwise remedy the
noncompliance shall be in addition to all other rights and
remedies which the Association may have at law, in equity
or in this Declaration.
(c) If for any reason the ARC fails to notify the
Owner of any noncompliance with previously submitted and
approved plans within sixty ( 60) days after receipt of
written notice of completion from the Owner, the Improve-
ment shall be deemed to be in accordance with the approved
plans.
Section 8 . 07. , Scope of Review. The ARC shall review and
approve, conditionally approve or disapprove all plans sub-
mitted to it for any proposed Improvement, alteration or
addition, solely on the basis of aesthetic considerations and
the overall benefit or detriment which would result to the
immediate vicinity and the Properties generally. The ARC shall
take into consideration the aesthetic aspects of the architec-
tural designs, placement of buildings, landscaping , color
schemes, exterior finishes and materials and similar features.
The ARC' s approval or disapproval shall be based solely on the
considerations set forth in this Article VIII , and the ARC
shall not be responsible for reviewing , nor shall its approval
of any plan or design be deemed approval of, any plan or design
from the standpoint of structural safety or conformance with
building or other codes.
Section 8. 08 . Variance. The ARC may authorize variances
from compliance with any of the architectural provisions of
this Declaration, including without limitation, restrictions
upon height, size, floor area or placement of structures, or
similar restrictions, when circumstances such as topography,
natural obstructions, hardship, aesthetic or environmental
consideration may require. Such variances must be evidenced in
writing, must be signed by a majority of the ARC, and shall
become effective upon Recordation. If such variances are
granted, no violation of the covenants, conditions and restric-
tions contained in this Declaration shall be deemed to have
occurred with respect to the matter for which the variance was
granted. The granting of such a variance shall not operate to
waive any of the terms and provisions of this Declaration for
FULOP. ROLSTON.
BURNS & MCKITTRICK
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any purpose except as to the particular property and particular
provision hereof covered by the variance, nor shall it affect
in any way the Owner ' s obligation to comply with all govern-
mental laws and regulations affecting the use of his Dwelling
Unit.
ARTICLE IX
MAINTENANCE AND REPAIR OBLIGATIONS
Section 9. 01. maintenance Obligations of Owners . It shall
be the duty of each Owner, at his sole cost and expense,
subject to the provisions of this Declaration regarding ARC
approval, to maintain, repair, replace and restore all
Improvements located on his Lot and the Lot itself in a neat,
sanitary and attractive condition except for those portions of
the Lot and the Improvements located thereon over which the
Association has an easement for maintenance (Association
Maintenance Areas) . In addition, Owners shall be responsible
for the maintenance, repair and replacement of all landscaping
and other Improvements located in the courtyard and patio areas
of the Lot. If any Owner shall permit any Improvement, the
maintenance of which is the responsibility of such Owner, to
fall into disrepair or unsafe, unsightly or unattractive
condition, or to otherwise violate this Declaration, the Board
shall have the right to seek any remedies at law or in equity
which it may have, and the right, but not the duty, after
Notice and Hearing as provided in the Bylaws, to enter upon
such Owner ' s Lot to make such repairs or to perform such
maintenance and to charge the cost thereof to the Owner. Said
cost shall be a Special Assessment and shall create a lien
enforceable in the same manner as other assessments as set
forth in this Declaration. In addition each Owner shall
maintain, repair and replace the plumbing, cooling and heating
systems and related mechanical and electrical equipment which
serve the Dwelling Unit of such Owner . The Owner ' s maintenance
responsibility includes, but is not limited to, air condition-
ing compressors located on the Owner ' s Lot which serve the
Owner or his Dwelling Unit.
Section 9 . 02. Maintenance Obligations of Association. No
improvement, excavation or work which in any way alters the
Common Area or the Association Maintenance Areas from their
existing state on the date any such area is conveyed by Grantor
to the Association or a purchaser of a Lot shall be made or
done by any person other than the Association or its authorized
agents. Subject to the provisions of Section 9 . 03 of this
Article and Article VI , Section 6 . 03, the Association shall
maintain, or provide for the maintenance of all of the Common
Area and Association Maintenance Areas and all Improvements
thereon, including all landscaping and private irrigation
systems, sewers and storm drains, driveways, parking areas and
recreational facilities, in good order and repair , and shall
likewise provide for commonly metered utilities, and the Common
r Area facilities and Improvements. The Association shall not be
responsible for the maintenance of any portions of the Common
Area which have been dedicated to and accepted for maintenance
by a state, local or municipal governmental agency or entity.
Each Owner shall maintain, repair and replace the landscaping
located on his individual Lot which is not located in. the
Association Maintenance Areas . The Association shall also
provide painting , exterior maintenance and minor repairs and
FULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION —2 3—
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replacements to the areas and Improvements located on the
Association Maintenance Areas. All of the foregoing obliga-
tions of the Association shall be discharged when and in such
manner as the Board of Directors of the Association shall
determine in its judgment to be appropriate.
Section 9 . 03 . Damage to Common Area by Owners. The
foregoing maintenance, repairs or replacements within the
Common Area and Association Maintenance Areas, arising out of
or caused by the willful or negligent act of the Owner, his
family, guests or invitees shall be done at such Owner ' s
expense or, after Notice and Hearing, a Special Assessment
therefor shall be made by the Board against his Lot.
Section 9 . 04. Damage and Destruction Affecting Dwelling
Units -- Duty to Rebuild. Subject to Section 12 . 03 , if all or
any portion of any Lot or Dwelling Unit is damaged or destroyed
by fire or other casualty, it shall be the duty of the Owner of
such Lot or Dwelling Unit to rebuild, repair or reconstruct
said Dwelling Unit in a manner which will restore it
substantially to its appearance and condition immediately prior
to the casualty. The Owner or Owners of any damaged Lot or
Dwelling Unit and the ARC shall be obligated to proceed with
all due diligence hereunder, and the responsible Owner shall
commence reconstruction within three ( 3) months after the
damage occurs and complete reconstruction within nine ( 9)
months after damage occurs, unless prevented by causes beyond
their reasonable control.
ARTICLE X
USE RESTRICTIONS
All real property within the Properties shall be held, used
and enjoyed subject to the following limitations and restric-
tions, subject to the exemption of Grantor in Article XIV
hereof :
Section 10 . 01. Single Family Residence . Each Lot shall be
used as a residence for a single Family and for no other
purpose.
Section 10 . 02 , Business or Commercial Activity. No part
of the Properties shall ever be used or caused to be used or
allowed or authorized in any way, directly or indirectly, for
any business, commercial, manufacturing, mercantile, storage ,
vending or other such nonresidential purposes ; except Grantor,
its successors or assigns, may use any portion of the Proper-
ties for a model home site, and display and sales office during
the construction and sales period in accordance with Article
II, Section 2. 01 (e) , of this Declaration. The provisions of
this Section 10. 02 shall not preclude professional and admini-
strative occupations without external evidence thereof, for so
long as such occupations are in conformance with all applicable
governmental ordinances and are merely incidental to the use of
the Dwelling Unit as a residential home.
Section 10 . 03 . Nuisances. No noxious or offensive activi-
ties ( including but not limited to the repair of motor vehi-
cles) shall be carried on upon the Properties. No horns,
whistles, bells or other sound devices, except security devices
used exclusively to protect the security of a Dwelling Unit and
FULOP, ROLSTON.
BURNS & MCKITTRIOK
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its contents, shall be placed or used in any such Dwelling
Unit. No loud noises, noxious odors, noisy or smoky vehicles,
large power equipment or large power tools, unlicensed off-road
motor vehicles or items which may unreasonably interfere with
television or radio reception of any Owner in the Properties,
shall be located, used or placed on any portion of the Proper-
ties, or exposed to the view of other Owners without the prior
written approval of the ARC. The Board of Directors of the
Association shall have the right to determine if any noise,
odor, or activity producing such noise or odor constitutes a
nuisance. No Owner shall permit or cause anything to be done
or kept on the Properties which will increase the rate of
insurance thereon, or result in the cancellation of such
insurance, or which will obstruct or interfere with the tights
of other Owners, nor will he commit or permit any nuisance
thereon. Each Owner shall comply with all of the requirements
of the local or state health authorities and with all other
governmental authorities with respect to the occupancy and use
of a Residence . Each Owner shall be accountable to the Associ-
ation and other Owners for the conduct and behavior of children
visiting his Dwelling Unit and other family members or persons
residing in or visiting his Dwelling Unit; and any damage to
the Common Areas, personal property of the Association, Associ-
ation Maintenance Areas or property of another Owner, caused by
such children or other family members, shall be repaired at the
sole expense of the Owner with whom such children or other
family members or persons are residing or visiting.
Section 10 . 04 . Signs. No sign, poster, display, billboard
or other advertising device of any kind shall be displayed to
the public view on any portion of the Properties or any Lot,
without the prior written consent of the ARC, except (a) one
(1) sign for each Dwelling Unit, of not larger than eighteen
(18) inches by thirty ( 30) inches , advertising the Dwelling
Unit for sale or rent, or (b) signs, regardless of size, used
by Grantor, its successors or assigns, to advertise the Proper-
ties during the construction and sale period. All signs or
billboards and the conditions promulgated for the regulation
thereof shall conform to the requirements of all applicable
governmental ordinances.
Section 10 . 05 . Parking and Vehicular Restrictions . No
Owner shall park, store or keep any vehicle, except wholly
within the parking area designated therefor, and no inoperable
vehicle shall be stored anywhere on the Properties. No Owner
shall park, store or keep on any property or street (public or
private) within the Properties any large commercial-type
vehicle ( including, but not limited to, any dump truck, cement
mixer truck, oil .or gas truck or delivery truck) , any recrea-
tional vehicle ( including, but not limited to, any camper unit,
house car or motor home) , any bus, trailer, trailer coach, camp
trailer, boat, aircraft, mobile home , inoperable vehicle or any
other similar vehicle or any vehicular equipment, mobile or
otherwise , deemed to be a nuisance by the Board. * The above
excludes camper trucks and similar vehicles up to and including
three-quarter ( 3/4) ton when used for everyday-type transporta-
tion and subject to approval by the Board. No Owner of a Lot
shall conduct repairs or restorations of any motor vehicle ,
boat, trailer, aircraft or other vehicle upon any portion of
any Lot or upon the Common Area. There shall be no parking in
the driveways, if to do so will or may obstruct free traffic
flow, constitute a nuisance, or otherwise create a safety
FULOP. ROLSTON.
BURNS & MCKITTRICK
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hazard. Driveways and garages shall be used for parking
purposes only and shall not be converted to other uses.
Vehicles owned, operated or within the control of any Owner
shall be parked in the garage and driveway of such Owner .
Notwithstanding the foregoing, these restrictions shall not be
interpreted in such a manner so as to permit any activity which
would be contrary to any ordinance of the City or County in
which the Properties are located.
Section 10 . 06. Animal Restrictions. No insects, reptiles,
poultry or animals of any kind shall be raised, bred or kept on
any Lot or the Common Area, except usual and ordinary dogs,
cats, fish, birds and other household pets (excluding , without
limitation, equine, bovine, sheep, swine , goats and other such
animals) may be kept on Lots, provided that they are not kept,
bred or maintained for commercial purposes or in unreasonable
quantities, nor in violation of the Rules and Regulations
adopted by the Assocation as provided in the Bylaws. As used
in this Declaration, "unreasonable quantities" shall ordinarily
mean more than two (2) pets per household; provided, however,
that the Board of Directors may determine that a reasonable
number in any instance may be more or less. The Association,
acting through the Board of Directors, shall have the right to
prohibit maintenance of any animal which constitutes, in the
opinion of the Board, a nuisance to any other Owner. Animals
belonging to Owners, occupants or their licensees, tenants or
invitees within the Properties must be either kept within an
enclosure, an enclosed patio or on a leash being held by a
person capable of controlling the animal. Furthermore , any
Owner shall be absolutely liable to each and all remaining
Owners, their families, guests, tenants and invitees, for any
unreasonable noise or damage to person or property caused by
any animals brought or kept upon the Properties by an Owner or
by members of his family, his tenants or his guests; and it
shall be the absolute duty and responsibility of each such
Owner to clean up after such animals which have used any
portion of the Common Area.
Section 10 . 07 . Trash. No rubbish, trash or garbage or
other waste material shall be kept or permitted upon any Lot or
Common Area, except in sanitary containers located in appropri-
ate areas screened and concealed from view, and no odor shall
be permitted to arise therefrom so as to render the Properties,
or any portion thereof, unsanitary, unsightly, offensive or
detrimental to any other property in the vicinity thereof or to
its occupants. Such containers shall be exposed to the view of
neighboring Lots only when set out for a reasonable period of
time (not to exceed twelve (12) hours before and after sched-
uled trash collection hours) . There shall be no exterior fires
whatsoever except barbecue fires contained within receptacles
therefor and fire pits in the enclosed yards designed in such a
manner that they do not create a fire hazard. No clothing or
household fabrics shall be hung, dried or aired in such a way
in the Properties as to be visible to other property, and no
lumber, grass, shrub or tree clippings or plant waste , metals,
bulk material, scrap, refuse or trash shall be kept, stored or
allowed to accumulate on any portion of the Properties except
within an enclosed structure or appropriately screened from
view. No plants or seeds infected with noxious insects or
plant diseases shall be brought upon, grown or maintained upon
the Properties.
FULOP. ROLSTON,
BURNS & MCKITTRICK
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Section 10 . 08. View Obstructions. Each Owner by accepting
a deed to a Lot hereby acknowledges that any construction or
installation by Grantor may impair the view of such Owner and
hereby consents to such impairment. No vegetation or other
obstruction shall be planted or maintained upon any Lot in such
location or of such height as to unreasonably obstruct the view
from any other Dwelling Unit in the vicinity thereof . If there
is a dispute between Owners concerning the obstruction of a
view from a Dwelling Unit, the dispute shall be submitted to
the ARC, whose decision in such matters shall be binding . Any
item or vegetation maintained upon any Lot which item or
vegetation is exposed to the view of any Owner, shall be
removed or otherwise altered to the satisfaction of the ARC, if
it determines that the maintenance of such item or vegetation
in its then existing state is contrary to the purposes or
provisions of this Declaration. The ARC shall ensure that the
vegetation on the Common Areas and Association Maintenance
Areas maintained by the Association is cut frequently, so that
the view of any Owner is not unreasonably obstructed.
Section 10 . 09 . Temporary Buildings. No outbuilding ,
basement, tent, shack, shed or other temporary building or
Improvement of any kind shall be placed upon any portion of the
Properties either temporarily or permanently. No garage ,
trailer, camper, motor home or recreation vehicle shall be used
as a residence in the Properties, either temporarily or
permanently.
Section 10 . 10 . Common Area Facilities . Nothing shall be
altered or constructed in or removed from the Common Area or
Association Maintenance Areas except upon the written consent
of the Association.
Section 10 . 11. Outside Installations. No radio station or
shortwave operators of any kind shall operate from any Lot or
Dwelling Unit unless approved by the ARC. No exterior radio
antenna, "C.B. " antenna, television antenna, or other antenna
of any type shall be erected or maintained in the Properties.
A master antenna or antennae or cable television antenna or
antennae may, but need not, be provided for the use of all
Owners , and Grantor may grant easements for such purposes. No
projections of any type shall be placed or permitted to remain
above the roof of any building within the Properties, except
one or more chimneys and vent stacks . No basketball backboard
or other fixed sports apparatus shall be constructed or main-
tained in the Properties without the prior approval of the
ARC. No fence or wall shall be erected, altered or maintained
on any Lot in the Properties, except with the prior approval of
the ARC. No patio cover, wiring , or installation of air
conditioning, water softeners, or other devices shall be
installed on the exterior of a Dwelling Unit or be allowed to
protrude through the walls or roof of the Dwelling Unit (with
the exception of those items installed during the original
construction of the Properties) , unless the prior written
approval of the ARC is obtained.
Section 10 . 12 . Insurance Rates . Nothing shall be done or
kept in the Properties which will increase the rate of insur-
ance on any property insured by the Association without the
approval of the Board, nor shall anything be done or kept in
the Properties which would result in the cancellation of
insurance on any property insured by the Association or which
would be in violation of any law.
FULOP. ROLSTON.
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Section 10. 13 . Drilling . No oil drilling, oil development
operations, oil refining , quarrying or mining operations of any
kind shall be permitted upon or in any Lot or the Common Area,
nor shall oil wells, tanks, tunnels or mineral excavations or
shafts be permitted upon the surface of any Lot or within five
hundred fifty feet ( 550 ' ) below the surface of the Properties.
No derrick or other structure designed for use in boring for
water, oil or natural gas shall be erected, maintained or
permitted upon any Lot.
Section 10 . 14 . Further Subdivision. No Owner shall
further partition or subdivide his Lot; provided, however, that
this provision shall not be construed to limit the right of an
Owner (1) to rent or lease his entire Lot by means of a written
lease or rental agreement subject to the restrictions of this
Declaration, so long as the Lot is not leased for transient or
hotel purposes; (2) to sell his Lot; or ( 3) to transfer or sell
any Lot to more than one (1) person to be held by them as
tenants-in-common, joint tenants, tenants by the entirety or as
community property. The terms of any such lease or rental
agreement shall (a) expressly refer to this Declaration and
contain a covenant by the lessee or tenant that he accepts the
leasehold estate subject to this Declaration and the Bylaws of
the Association, and (b) contain either a covenant that the
lessee or tenant agrees to perform and comply with the restric-
tions herein or adequate provisions to permit entry and other
actions by the lessor for the purpose of performing and comply-
ing with these restrictions. Any failure by the lessee of such
Lot to comply with the terms of this Declaration, the Bylaws of
the Association or the Rules and Regulations shall constitute a
default under the lease.
Section 10. 15 . Drainage. There shall be no interference
with the established drainage pattern over any Lot within the
Properties, unless an adequate alternative provision is made
for proper drainage. For the purposes hereof, "established"
drainage is defined as the drainage which 'exists at the time
that such Lot is conveyed to a purchaser from Grantor, which
may include drainage from the Common Area over any Lot or Lots
in the Properties.
Section 10 . 16 . Water Supply Systems. No individual water
supply, sewage disposal system, or water softener system shall
be permitted on any Lot in the Properties unless such system is
designed, located, constructed and equipped in accordance with
the requirements, standards and recommendations of any applic-
able water district, the Health Department for the county in
which the Properties are located, the ARC, and all other
applicable governmental authorities.
ARTICLE XI
DAMAGE DESTRUCTION OR CONDEMNATION OF COMMON AREA
Damage to, destruction of or condemnation of all or any
portion of the Common Area shall be handled in the following
manner :
(a) In the event of damage or destruction to the
Common Area, and the insurance proceeds are sufficient to
effect total restoration, then the Association shall cause
such Common Area to be repaired and reconstructed substan-
tially as it previously existed.
FULOP. ROLSTON.
BURNS & MCKITTRICK A LAW CORPORATION —28_
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(b) If the insurance proceeds are within Ten Thousand
Dollars ($10, 000. 00) or less of being sufficient to effect
total restoration to the Common Area, then the Association
shall cause such Common Area to be repaired and reconstruc-
ted substantially as it previously existed, and the differ-
ence between the insurance proceeds and the actual cost
shall be levied as a Reconstruction Assessment equally
against each of the Lot Owners, in accordance with the
provisions of Article VI , Section 6. 05 of this Declaration.
(c) If the insurance proceeds are insufficient by
more than Ten Thousand Dollars ($10, 000. 00) to effect total
restoration to the Common Area, then by written consent or
vote of a majority of the voting power of the Association,
the Members shall determine whether (1) to rebuild and
restore in substantially the same manner as the Improve-
ments existed prior to damage and to raise the necessary
funds over the insurance proceeds by levying a Reconstruc-
tion Assessment equally against all Lots , (2) to rebuild
and restore in a way which utilizes all available insurance
proceeds and an additional amount which is accessible
equally to all Owners but which is less than the amount
required to replace the Improvements in substantially the
same manner as they existed prior to being damaged, or ( 3)
subject to the provisions of Article XIII , to not rebuild
and to distribute the available insurance proceeds equally
to the Owners and Mortgagees of the Lots as their interests
may appear.
(d) Each Member shall be liable to the Association
for any damage to the Common Area not fully reimbursed to
the Association by insurance proceeds which may be sus-
tained by reason of the negligence or willful misconduct of
said Member or the Persons deriving their right and ease-
ment of use and enjoyment of the Common Area from said
Member, or of his respective Family and guests, both minor
and adult. The Association reserves the right, acting
through the Board, after Notice and Hearing , to (1) deter-
mine whether any claim shall be made upon the insurance
maintained by the Association and (2) charge a Special
Assessment equal to the increase , if any, in the insurance
premium directly attributable to the damage caused by such
Member or the Persons for whom such Member may be liable as
described herein. In the case of joint ownership of a Lot,
the liability of such Owners shall be joint and several,
except to the extent that the Association has previously
contracted in writing with such joint Owners to the con-
trary. After Notice and Hearing , the cost of correcting
such damage, to the extent not reimbursed to the Associa-
tion by insurance , shall be a Special Assessment against
the Lot and may be collected as provided herein for the
collection of Common Assessments.
(e) If at any time all or any portion of the Common
Area, or any interest therein , be taken for any public or
quasi-public use, under any statute , by right of eminent
domain or by private purchase in lieu of eminent domain,
the award in condemnation shall be paid to the Associa-
tion. Any such award payable to the Association shall be
deposited in the Operating Fund. No Member shall be
entitled to participate as a party, or otherwise , in any
proceedings relating to such condemnation. The Association
FULOP. ROLSTON.
BURNS & MCKITTRICK (�
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shall have the exclusive right to participate in such
proceedings and shall, in its name alone, represent the
interests of all Members.
ARTICLE XII
INSURANCE
Section 12. 01. Casualty Insurance on Insurable Common
Area. The Association shall keep all insurable Improvements
and fixtures of the Common Area insured against loss or damage
by fire for the full insurance replacement cost thereof, and
may obtain insurance against such other hazards and casualties
as the Association may deem desirable. The Association may
also insure any other property whether real or personal, owned
by the Association, against loss or damage by fire and such
other hazards as the Association may deem desirable, with the
Association as the owner and beneficiary of such insurance.
The insurance coverage with respect to the Common Area shall be
written in the name of, and the proceeds thereof shall be
payable to the Association. Insurance proceeds shall be used
by the Association for the repair or replacement of the prop-
erty for which the insurance was carried. Premiums for all
insurance carried by the Association are Common Expenses
included in the Common Assessments made by the Association.
In addition to casualty insurance on the Common Area, the
Association, through the Board of Directors, may elect to
obtain and continue in effect, on behalf of all Owners, ade-
quate blanket casualty insurance and fire insurance in such
form as the Board of Directors deems appropriate in an amount
as near as possible to the full replacement value, without
deduction for depreciation or coinsurance, of all of the
Dwelling Units, including the structural portions and fixtures
thereof , owned by such Owners. Insurance premiums from any
such blanket insurance coverage , and any other insurance
premiums paid by the Association shall be 'a Common Expense of
the Owners, as levied by the Association. In the event such
blanket insurance is obtained by the Association, and only for
so long as such policy remains in effect, the provisions of
Section 12. 02 of this Article XII shall not be applicable .
Section 12. 02. Insurance Obligations of Owners . In the
event the Association does not maintain blanket casualty
insurance upon the Dwelling Units, then each Owner shall insure
the Improvements on his Lot, including his entire Dwelling Unit
against loss or damage by fire or by any other casualty, under
the standard form of extended endorsement now in use in the
State of California or under such other insurance as may be
required by any Mortgagee of the Dwelling Unit. All such
insurance shall be in an amount as near as practicable to the
full replacement value of the Dwelling Unit, without deduction
for depreciation or coinsurance . All such policies shall
contain a provision that the same shall not be cancelled or
terminated except upon at least thirty (30) days ' written
notice to the Association and each Owner shall notify the
Association of the existence or nonexistence of an assignment
of such insurance maintained by said Owner upon the sale of his
Lot.
Section 12. 03 . Replacement or Repair of Property. In the
event of damage to or destruction of any part of the Common
FULOP. ROLSTON.
BURNS & MCKITTRICK
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f,
Area Improvements, the Association shall repair or replace the
same from the insurance proceeds available, or distribute such
insurance proceeds, subject to the provisions of Article XI of
this Declaration. If such insurance proceeds are insufficient
to cover the costs of repair or replacement of the property
damaged or destroyed , the Association may levy a Reconstruction
Assessment against all Lot Owners to cover the additional cost
of repair or replacement not covered by the insurance proceeds,
in addition to any other Common Assessments made against such
Lot Owners, in accordance with the provisions of Article VI,
Section 6. 05 and Article XI of this Declaration.
If the Association is maintaining insurance on the Dwelling
Units on the Lots in the Properties, the Association shall
repair or replace the same from the insurance proceeds
available . If such insurance proceeds are insufficient to
cover the costs of such repair and replacement of the Dwelling
Unit or Dwelling Units so damaged or destroyed, the Board shall
levy a Reconstruction Assessment equally against all Owners of
Lots in the Properties.
Section 12. 04 . Waiver of Subrogation. All policies of
physical damage insurance maintained by the Association shall
provide , if reasonably possible , for waiver of : (1) any
defense based on coinsurance ; (2) any right of set-off, coun-
terclaim, apportionment, proration or contribution by reason of
other insurance not carried by the Association; (3) any invali-
dity, other adverse effect or defense on account of any breach
of warranty or condition- caused by the Association, any Owner
or any tenant of any Owner, or arising from any act, neglect,
or omission of any named insured or the respective agents,
contractors and employees of any insured ; (4) any rights of the
insurer to repair, rebuild or replace, and, in the event any
Improvement is not repaired, rebuilt or replaced following
loss, any right to pay under the insurance an amount less than
the replacement value of the Improvements insured or the fair
marked value thereof ; or (5) notice of the assignment of any
Owner of its interest in the insurance by virtue of a convey-
ance of any Lot. As to each policy of insurance maintained by
the Association which will not be voided or impaired thereby,
the Association hereby waives and releases all claims against
the Board, the Owners, the Manager, Grantor, and the agents and
employees of each of the foregoing , with respect. to any loss
covered by such insurance , whether or not caused by negligence
of or breach of any agreement by such persons , but only to the
extent that insurance proceeds are received in compensation for
such loss.
Section 12. 05 . Liability and Other Insurance . The Associ-
ation shall have the power and duty to and shall obtain compre-
hensive public liability insurance , including medical payments
and malicious mischief, in such limits as it shall deem desir-
able , insuring against liability for bodily injury, death and
property damage arising from the activities of the Association
or with respect to property under its jurisdiction, including ,
if obtainable , a cross-liability endorsement insuring each
insured against liability to each other insured. The Associa-
tion may also obtain, through the Board, Worker ' s Compensation
insurance and other liability insurance as it may deem desir-
able, insuring each Lot Owner and the Association, Board of
Directors and Manager , from liability in connection with the
Common Area and Association Maintenance Areas, the premiums for
FULOP. ROLSTON.
BURNS & MCKITTRICK —31—
" LAW CORPORATION 0543S/MLG/4867/13360/
mlj/04-30-81
i .
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which are a Common Expense included in the Common Assessments
made against the Owners. All insurance policies shall be
reviewed at least annually by the Board of Directors and the
limits increased in its discretion. The Board may also obtain
such errors and omissions insurance, indemnity bonds, fidelity
bonds and other insurance as it deems advisable, insuring the
Board, the officers of the Association and the Manager against
any liability for any act or omission in carrying out their
obligations hereunder, or resulting from their membership on
the Board or on any committee thereof. Notwithstanding any
other provisions herein, the Association shall continuously
maintain in effect such casualty, flood and liability insur-
ance and a fidelity bond meeting the requirements for planned
unit developments established by the Federal National Mortgage
Association ( "FNMA") , the Government National Mortgage Associa-
tion ( "GNMA") and the Federal Home Loan Mortgage Corporation
( "FHLMC" ) , so long as any of which is a Mortgagee or an Owner
of a Lot in the Properties, except to the extent such coverage
is not available or has been waived in writing by the FNMA, the
GNMA and the FHLMC, as applicable .
ARTICLE XIII
MORTGAGEE PROTECTION CLAUSE
Notwithstanding any and all provisions hereof to the
contrary, in order to induce the FHLMC, the GNMA and the FNMA
to participate in the financing of the sale of Lots within the
Properties, the following provisions are added hereto (and to
the extent these added provisions conflict with any other
provisions of the Declaration, these added provisions shall
control) :
(a) Each first Mortgagee of a Mortgage encumbering
any Lot, at its written request, is entitled to written
notification from the Association of a,ny default by the
Mortgagor of such Lot in the performance of such Mortga-
gor ' s obligations under this Declaration, the Articles of
Incorporation of the Association or the Bylaws of the
Association, which default is not cured within thirty (30)
days after the Association learns of such default.
( b) Each Owner, including every first Mortgagee of a
Mortgage encumbering any Lot which obtains title to such
Lot pursuant to the remedies provided in such Mortgage , or
by foreclosure of such Mortgage, shall be exempt from any
"right of first refusal. "
(c) Each first Mortgagee of a Mortgage encumbering
any Lot which obtains title to such Lot pursuant to the
remedies provided in such Mortgage or by foreclosure of
such Mortgage, shall take title to such Lot free and clear
of any claims of unpaid assessments or charges against such
t, Lot which accrued prior to the acquisition of title to such
' Lot by the Mortgagee .
(d) Unless at least two-thirds (2/3rds) of first
Mortgagees (based upon one ( 1) vote for each Mortgage
owned) or Owners (other than Grantor) have given their
prior written approval, neither the Association nor the
Owners shall :
FULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION -3 2-
0543S/MLG/4867/13360/
mlj/04-30-81
(1) subject to California nonprofit corporation
law to the contrary, by act or omission seek to
abandon, partition, alienate, subdivide, release,
hypothecate, encumber, sell or transfer the Common
Area and the Improvements thereon which are owned by
the Association;
[The granting of easements for public utilities
or for other public purposes consistent with the
intended use of such property by the Association as
provided in this Declaration shall not be deemed a
transfer within the meaning of this clause. ]
i
( 2) change the method of determining the obliga-
tions, assessments, dues or other charges which may be
levied against a Lot Owner, or the method of allocat-
ing distributions of hazard insurance proceeds or
condemnation awards;
(3) by act or omission change, waive or abandon
any scheme of regulations, or enforcement thereof,
pertaining to the architectural design of the exterior
appearance of the Dwelling Units, the maintenance of
the exterior walls or common fences and driveways, or
the upkeep of lawns and plantings in the Properties ;
(4) fail to maintain Fire and Extended Coverage
on insurable Common Area property on a current re-
placement cost basis in an amount as near as possible
to one hundred percent (100%) of the insurance value
(based on current replacement cost) ;
(5) use hazard insurance proceeds for losses to
any Common Area property for other than the repair,
replacement or reconstruction of such Improvements; or
( 6) amend those provisions of this Declaration
or the Articles of Incorporation or Bylaws of the
Association which provide for rights or remedies of
first Mortgagees.
(e) First Mortgagees, upon written request, shall
have the right to (1) examine the books and records of the
Association during normal business hours, ( 2) require from
the Association the submission of annual audited financial
reports and other financial data, ( 3) receive written
notice of all meetings of the Members, and ( 4) designate in
writing a representative to attend all such meetings.
(f) All first Mortgagees who have filed a written
request for such notice with the Board shall be given
thirty (30) days ' written notice prior to (1) any abandon-
ment or termination of the Association, (2) the effective
t date of any proposed, material amendment to this Declara-
tion or the Articles of Incorporation or Bylaws of the
Association, and (3) to the effective date of any termina-
tion of any agreement for professional management of the
Properties following a decision of the Owners to assume
self-management of the Properties. Such first Mortgagees
shall be given immediate notice (1) following any damage to
the Common Area whenever the cost of reconstruction exceeds
Ten Thousand Dollars ($10 , 000 . 00) , and (2) when the Board
FULOP, ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION -33-
0543S/n4LG/4867/13360/
mlj/04-30-81
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learns of any threatened condemnation proceeding or pro-
posed acquisition of any portion of the Properties.
(g) First Mortgagees may, jointly or singly, pay
taxes or other charges which are in default and which may
or have become a charge against any Common Area facilities
and may pay any overdue premiums on hazard insurance
policies, or secure new hazard insurance coverage on the
lapse of a policy, for such property, and first Mortgagees
making such payments shall be owed immediate reimbursement
therefor from the Association.
(h) The Reserve Fund described in Article VI of this
Declaration must be funded by regular scheduled monthly,
quarterly, semi-annual or annual payments rather than by
large Special Assessments.
( i) The Board shall secure and cause to be maintained
in force at all times a fidelity bond for any Person
handling funds of the Association, including , but not
limited to, employees of any professional Manager.
In addition to the foregoing, the Board of Directors may
enter into such contracts or agreements on behalf of the
Association as are required in order to satisfy the guidelines
of the FHLMC, the FNMA or the GN14A or any similar entity, so as
to allow for the purchase, insurance or guaranty, as the case
may be, by such entities of first Mortgages encumbering Lots
with Dwelling Units thereon. Each Owner hereby agrees that it
will benefit the Association and the membership of the Associa-
tion, as a class of potential Mortgage borrowers and potential
sellers of their Dwelling Units, if such agencies approve the
Properties as a qualifying subdivision under their respective
policies, rules and regulations, as adopted from time to time.
Mortgagees are hereby authorized to furnish information to the
Board concerning the status of any Mortgage encumbering a Lot.
ARTICLE XIV
GRANTOR EXEMPTION
Grantor or its successors or assigns will undertake the
work of constructing Dwelling Units and developing all of the
Lots included within the Properties . The completion of that
work and sale, rental and other disposal of Dwelling Units is
essential to the establishment and welfare of the Properties as
a first-class residential community. As used in this Article
and its subparagraphs, the words "its successors or assigns"
specifically do not include purchasers of Lots improved with
completed Dwelling Units. In order that such work may be
completed and the Properties be established as a fully occupied
residential community as rapidly as possible, no Owner nor the
Association shall do anything to interfere with, and nothing in
this Declaration shall be understood or construed to :
(a) Prevent Grantor, its successors or assigns , or
its or their contractors or subcontractors, from doing on
any Lot owned by them whatever they determine to be neces-
sary or advisable in connection with the completion of such
work, including without limitation the alteration of
construction plans and designs as Grantor deems advisable
in the course of development; or
FULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION -34-
0543S/MLG/4867/13360/
mlj/04-30-81
(b) Prevent Grantor, its successors or assigns , or
its or their representatives, from erecting , constructing
and maintaining on any Common Area or any Lot or portion
thereof owned or controlled by Grantor, or its successors
or assigns or its or their contractors or subcontractors,
such structures as may be reasonably necessary for the
conduct of its or their business of completing such work
and establishing the Properties as a residential community
and disposing of the same in Lots by sale, lease or other-
wise ; or
(c) Prevent Grantor, its successors or assigns, or
its or their contractors or subcontractors, from conducting
on any Lot, or any portion thereof, owned or controlled by
Grantor, or its successors or assigns, its or their busi-
ness of developing, subdividing, grading and constructing
Dwelling Units and other Improvements in the Properties as
a residential community and of disposing of Dwelling Units
thereon by sale, lease or otherwise ; or
(d) Prevent Grantor, its successors or assigns or its
or their contractors or subcontractors, from maintaining
such sign or signs on the Common Area or any Lot owned or
controlled by any of them as may be necessary in connection
with the sale, lease or other marketing of Lots and Dwell-
ing Units in the Properties ; or
(e) Prevent Grantor, at any time prior to acquisition
of title to a Lot by a purchaser from Grantor, to establish
on that Lot additional licenses, reservations and rights-
of-way to itself , to utility companies, or to others as may
from time to time be reasonably necessary to the proper
development and disposal of the Properties.
Grantor, in the exercise of its rights under this Article,
shall not unreasonably interfere- with the .use of the Common
Area by any other Owner.
ARTICLE XV
PARTY WALLS
Section 15. 01. General Rules of Law to Apply. Each wall,
if any, which is built as a part of the original construction
of the Dwelling Units upon the Properties and placed on the
dividing line between the Lots shall constitute a party wall,
and, to the extent not inconsistent with the provisions of this
Article, the general rules of law regarding party walls and
liability for property damage due to negligence or willful acts
or omissions shall apply thereto.
Section 15. 02. Sharing of Repair and Maintenance . The
cost of reasonable repair and maintenance of any party wall
shall be shared equally by the Owners of the Dwelling Units
connected by such party walls.
Section 15. 03 . Destruction by Fire or Other Casualty. If
any party wall is destroyed or damaged by fire or other casual-
ty, any Owner whose Dwelling Unit is affected thereby may
restore it, and the other Owner whose Dwelling Unit is connec-
ted thereto shall contribute equally to the cost of restoration
thereof without prejudice, however, to the right of any such
FULOP. ROLSTON.
BURNS 6 MCKITTRICK -35-
LAW CORPORATION 0543S/MLG/4867/13360/
mlj/04-30-81
1
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Owner to call for a larger contribution from the other under
any rule of law regarding liability for negligent or willful
acts or omissions.
Section 15. 04 . Weatherproofing. Notwithstanding any other
provision of this Article, an Owner who by his negligent or
willful act causes any party wall to be exposed to the elements
shall bear the whole cost of furnishing the necessary protec-
tion against such elements.
Section 15. 05 . Right to Contribution Runs With Land. The
right of any Owner to contribution from any other Owner under
this Article shall be appurtenant to the land and shall pass
such Owner' s successors in title .
Section 15. 06. Arbitration. In the event of any dispute
arising concerning any party wall, or under the provisions of
this Article , then such dispute shall be submitted to and
determined by arbitration. Each party shall choose one arbi-
trator, and such arbitrators shall choose one additional
arbitrator . The decision shall be by a majority of all the
arbitrators, in accordance with the American Arbitration
Association Commercial Rules of Arbitration.
ARTICLE XVI
GENERAL PROVISIONS
Section 16. 01. Enforcement. This Declaration, the Arti-
cles of Incorporation and the Bylaws may be enforced by the
Association as follows :
(a) Breach of any of the covenants contained in the
Declaration or the Bylaws and the continuation of any such
breach may be enjoined, abated or remedied by appropriate
legal proceedings by any Owner, including Grantor, by the
Association or the successors-in-interest of the Associa-
tion. Any judgment rendered in any action or proceeding
pursuant hereto shall include a sum for attorneys ' fees in
an amount as the court may deem reasonable, in favor of the
prevailing party, as well as the amount of any delinquent
payment, interest thereon, costs of collection and court
costs.
(b) The result of every act or omission whereby any
of the covenants contained in this Declaration or .the
Bylaws are violated in whole or in part is hereby declared
to be and constitutes a nuisance, and every remedy allowed
by law or equity against a nuisance either public or
private shall be applicable against every such result and
may be exercised by any Owner, by the Association or its
successors-in-interest.
(c) The remedies herein provided for breach of the
covenants contained in this Declaration or in the Bylaws
shall be deemed cumulative, and none of such renedies shall
be deemed exclusive.
(d) The failure of the Association to enforce any of
the covenants contained in this Declaration or in the
Bylaws shall not constitute a waiver of the right to
enforce the same thereafter.
FUI.O?. ROISTON.
BURNS & MCKITTRICK
A LAW CORPORATION _36-
0543S/r1LG/4867/13360/
mlj/04-30-81
4
(e) Any breach or amendments of the covenants,
conditions or restrictions contained in this Declaration or
in the Bylaws shall not affect or impair the lien or charge
of any first Mortgage or Deed of Trust made in good faith
and for value on any residential Lot or the improvements
thereon; provided, however, that any subsequent Owner of
such property shall be bound by such covenants, whether
such Owner ' s title was acquired by foreclosure in a trust-
ee ' s sale or otherwise .
(f) If any Owner, his family, guest, licensee, lessee
or invitee violates any such restrictions, the Board may
impose a reasonable Special Assessment upon such Owner for
each violation and may suspend the voting privileges ' of
such Owner as further provided in the Bylaws. Such Special
Assessment shall be collectible in the same manner as
Common Assessments hereunder, but the Board shall give such
Owner Notice and Hearing before invoking any such Special
Assessment or suspension.
Section 16. 02. Severability . Invalidation of any one of
these covenants or restrictions by judgment or court order
shall in no way affect any other provisions which shall remain
in full force and effect.
Section 16. 03 . Term. Unless earlier terminated pursuant
to Section 16. 05 below, the covenants and restrictions of this
Declaration shall run with and bind the Properties, and shall
inure to the benefit of and be enforceable by the Association
or the Owner of any land subject to this Declaration, their
respective legal representatives, heirs, successive Owners and
assigns, for a term of fifty ( 50) years from the date this
Declaration is Recorded, after which time said covenants,
conditions, reservation of easements, equitable servitudes and
restrictions shall be automatically extended for successive
periods of ten ( 10) years, unless the Owners of a majority of
the Lots, by their votes or written consents taken within six
(6) months of such termination date , have agreed to terminate
such covenants and restrictions in whole or in part.
Section 16 . 04 . Interpretation. The provisions of this
Declaration shall be liberally construed to effectuate its
purpose of creating a uniform plan for the development of a
residential community and for the maintenance of the Common
Area and Association Maintenance Areas. The article and
section headings have been inserted for convenience only , and
shall not be considered or referred to in resolving questions
of interpretation or construction. Unless the context requires
a contrary construction, the singular shall include the plural
and the plural the singular ; and the masculine, feminine and
neuter shall each include the masculine, feminine and neuter.
Section 16 . 05. Termination and Amendment. Notice of the
Y ' subject matter of a proposed amendment to this Declaration in
reasonably detailed form shall be included in the notice of any
meeting of the Association at which a proposed amendment is to
be considered. A resolution adopting a proposed amendment may
be proposed by an Owner at a meeting of Members of the Associa-
tion. The resolution shall be adopted by the vote , in person
or by proxy, or written consent of Members representing not
less than sixty percent ( 60%) of the voting power residing in
each class of Members, or ( if the Class B Membership has
FULOP. ROLSTON.
BURNS & MCKITTRICK A LAW CORPORATION —37_ 0543S/MLG/4867/13360/ ,
mli/04-30-81
i
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terminated) ( i) sixty percent ( 60%) of the voting power of the
Association, and ( ii) sixty percent ( 60%) of the voting power
of the Association residing in Members other than Grantor ;
provided that the specified percentage of the voting power of
the Association necessary to amend a specified Section or
provision of this Declaration shall not be less than the
percentage of affirmative votes prescribed for action to be
taken under that Section or provision. A copy of each amend-
ment shall be certified by at least two (2) officers of the
Association and the amendment shall be effective when the
Certificate of Amendment is Recorded. Notwithstanding the
foregoing, any of the following amendments, to be effective,
must be approved in writing by the record holders of seventy-
five percent ( 75%) of the first Mortgages on all of the Lots in
the Properties at the time of such amendment, based upon one
(1) vote for each Mortgage owned :
(a) Any amendment which affects or purports to affect
the validity of priority of encumbrances or the rights or
protection granted to encumbrancers as provided in Articles
VI, XI , XII, XIII and XVI hereof.
(b) Any amendment which would necessitate a Mortgagee
after it has acquired a Lot through foreclosure to pay more
than its proportionate share of any unpaid assessment or
assessments accruing after such foreclosure.
(c) Any amendment which would or could result in a
Mortgage being cancelled by forfeiture, or in the
individual Lot not being separately assessed for tax
purposes.
(d) Any amendment relating to the insurance provisions
as set out in Article XII hereof, or to the application of
insurance proceeds as set out in Article XI hereof, or to
the disposition of any money received in any taking under
condemnation proceedings.
(e) Any amendment which would or could result in
termination or abandonment of the Properties or subdivision
of a Lot, in any manner inconsistent with the provisions of
this Declaration.
(f) Any amendment which would subject any Owner to a
right of first refusal or other such restriction in favor
of the Association, if such Owner exercises his right to
sell, transfer or otherwise convey his Lot.
A Certificate, signed and sworn to by two (2) officers of
the Association that the record Owners of sixty percent ( 60%)
of the Lots have either voted for or consented in writing to
any amendment adopted as provided above , when Recorded, shall
be conclusive evidence of that fact. The Association shall
maintain in its files the record of all such votes or written
consents for a period of at least four ( 4) years. The Certifi-
cate reflecting any amendment which requires the written
consent of any of the record holders of first Mortgages shall
be signed and sworn to by such first Mortgagees. Until the
first Close of Escrow for the sale of a Lot in the Properties,
Grantor shall have the right to terminate or modify this
Declaration by recordation of a supplement hereto setting forth
such termination or modification. Any supplement, amendment or
FULOP. ROLSTON.
BURNS & MCKITTRICK -38-
A "W CORPORATION - 0543S/MLG/4867/13360/
mlj/04-30-81
1
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termination to this Declaration must be signed by at least two
(2) officers of the Association, indicating that the requisite
approvals have been obtained, and such amendment or supplement
must be Recorded in the Office of the County Recorder.
Section 16 . 06. No Public Right or Dedication. Nothing
contained in this Declaration shall be deemed to be a gift or
dedication of all or any part of the Properties to the public,
or for any public use.
Section 16 . 07 . Constructive Notice and Acceptance . Every
person who owns, occupies or acquires any right, title , estate
or interest in or to any Lot or other portion of ,the Properties
does hereby consent and agree , and shall be conclusively deemed
to have consented and agreed, to every limitation, restriction,
easement, reservation, condition and covenant contained herein,
whether or not any reference to these restrictions is contained
in the instrument by which such person acquired an interest in
the Properties, or any portion thereof.
Section 16. 08. Reservation of Easements. Reciprocal,
nonexclusive easements are hereby reserved for the benefit of
adjoining Lot Owners for the control, maintenance and repair of
the utilities of adjoining Lot Owners. Grantor expressly
reserves for the benefit of all of the real property in the
Properties, and the Owners, reciprocal, nonexclusive easements
of access, ingress and egress over all Lots, and over the
Common Area, for the purposes and enjoyment of the Lots in
accordance with this Declaration, including without limitation,
for maintenance and repair of utility services, for drainage
over, across and upon adjacent Lots for water resulting from
the normal use of adjoining Lots, and for maintenance and
repair of any Dwelling Unit. If any Dwelling Unit encroaches
upon the Common Area and Improvements, as a result of con-
struction, reconstruction, repair, shifting, settlement or
movement of any portion of the Properties, a valid easement for
encroachment and for the maintenance of the same shall exist so
long as the encroachment exists. Grantor and the Lot Owners of
each Lot on which there is constructed a Dwelling Unit along or
adjacent to such Lot line shall have an easement appurtenant to
such Lot over the Lot line to and over the adjacent Lot, for
the purposes of accommodating any natural movement or settling
of any Dwelling Unit located on such Lot, any encroachment of
any Dwelling Unit due to minor engineering or construction
variances, and any encroachment of eaves, roof overhangs and
architectural features comprising parts of the original con-
struction of any Dwelling Unit located on such Lot.
Section 16 . 09 . Notices . Any notice permitted or required
to be delivered as provided herein shall be in . writing and may
be delivered either personally or by mail. If delivery is made
by mail, it shall be deemed to have been delivered forty-eight
(48) hours after a copy of the same has been deposited in the
United States mail, postage prepaid, addressed to any person at
the address given by such person to the Association for the
purpose of service of such notice, or to the residence of such
person if no address has been given to the Association. Such
address may be changed from time to time by notice in writing
to the Association.
Section 16 . 10 . No Representation or Warranties . No
representations or warranties of any kind, express or implied,
FULOP. ROLSTON.
BURNS & MCKITTRICK -33-
A LAW CORPORATION 0543S/MLG/4867/13360/
mlj/04-30-81
4.
.xa.-
have been given or made by Grantor or its agents or employees
in connection with the Properties or any portion of the Proper-
ties, or any Improvement thereon, its physical condition,
zoning, compliance with applicable laws, fitness for intended
use, or in connection with the subdivision, sale, operation,
maintenance , cost of maintenance , taxes or regulation thereof
as a planned development, except as specifically and expressly
set forth in this Declaration and except as may be filed by
Grantor from time to time with the California Department of
Real Estate or with any other governmental authority.
Section 16. 11. Special Provision for Enforcement of
Certain Bonded Obligations. In the event that ( 1) the Common
Area and Association Maintenance Area Improvements or refur-
bishments thereof are not completed, prior to the issuance of a
Final Subdivision Public Report for the Properties by the
California Department of Real Estate ( "DRE") , and (2) the
Association is obligee under a bond or other arrangement
( "Bond") required by the DRE to secure performance of the
commitment of Grantor to complete the improvements, the follow-
ing provisions of this Section will be applicable :
(1) The Board shall consider and vote on the question
of action by the Association to enforce the obligations
under the Bond, with respect to any such improvement for
which a Notice of Completion has not been filed, within
sixty ( 60) days after the completion date specified for
that improvement in the Planned Construction Statement
appended to the Bond. If the Association has given an
extension in writing for the completion of any Common Area
improvement, the Board shall be directed to consider and
vote on the aforesaid question, if a Notice of Completion
has not been filed, within thirty (30) days after the
expiration of the extension.
( 2) A special meeting of Members, for the purpose of
voting to override a decision by the Board not to initiate
action to enforce the obligations under the Bond or on the
failure of the Board to consider and vote on the question,
shall be held no fewer than thirty-five (35) days nor more
than forty-five ( 45) days after receipt by the Board of a
petition for such a meeting signed by Members representing
ten percent (10%) .of the total voting power of the Associa-
tion. A vote by Members of the Association other than
Grantor shall be taken at such special meeting . A vote of
a majority of the voting power of the Association residing
in Members other than Grantor to take action to enforce the
obligations under the Bond shall be deemed to be the
decision of the Association, and the Board shall thereafter
implement this decision by initiating and pursuing appro-
priate action in the name of the Association.
Section 16 . 12. Nonliability and Indemnification. Except
�• as provided herein, no right, power, or responsibility confer-
red on the Board or the ARC by this Declaration, the Articles
or the Bylaws shall be construed as a duty, obligation or
disability charged upon the Board, the ARC, .any member of the
Board or of the ARC, or any other officer, employee or agent of
the Association. No such Person shall be liable to any party
(other than the Association or a party claiming in the name of
the Association) for injuries or damage resulting from such
Person' s acts or omissions within what such Person reasonably
FULOP. ROLSTON.
BURNS IN MCKITTRICK -40-
" uw CORPORATION 0543S/MLG/4867/13360/
mlj/04-30-81
believed to be the scope of his Association duties ( "Official
Acts") , except to the extent that such injuries or damage
result from such Person' s willful or malicious misconduct. No
such Person shall be liable to the Association (or to any party
claiming in the name of the Association) for injuries or damage
resulting from such Person' s Official Acts, except to the
extent that such injuries or damage result from such Person' s
negligence or willful or malicious misconduct.
The Association shall pay all expenses incurred by, and
satisfy any judgment or fine levied against, any Person as a
result of any action or threatened action against such Person
to impose liability on such Person for his Official Acts;
provided that :
(1) The Board determines that such Person acted in
good faith and in a manner such Person reasonably believed
to be in the best interests of the Association;
(2) In the case of a criminal proceeding , the Board
determines that such Person had no reasonable cause to
believe his conduct was unlawful; and
( 3) In the case of an action or threatened action by
or in the right of the Association, the Board determines
that such Person acted with such care , including reasonable
inquiry, as an ordinarily prudent person in a like position
would use under similar circumstances.
Any determination of the Board required under this Section
16. 12 must be approved by .a majority vote of a quorum consist-
ing of Directors who are not parties to the action or threat-
ened action giving rise to the indemnification. If the Board
fails or refuses to make any such determination, such determin-
ation may be made by the vote of a majority of a quorum of the
Members of the Association voting at a meeting of the Associa-
tion called for such purpose, provided that the Person to be
indemnified shall not be entitled to vote.
Payments made hereunder shall include amounts paid and
expenses incurred in settling any such action or threatened
action. This Section 16. 12 shall be construed to authorize
payments and indemnification to the fullest extent now or
hereafter permitted by applicable law.
Notwithstanding the foregoing , no employee , officer, or
director of Grantor, serving the Association as an appointee of
Grantor, shall be granted indemnification hereunder.
The entitlement to indemnification hereunder shall inure to
the benefit of the estate , executor, administrator, heirs,
legatees, or devisees of any Person entitled to such indemnifi-
cation.
r '
° Section 16 . 13 . Priorities and Inconsistencies. If there
are conflicts or inconsistencies between this Declaration and
either the Articles of Incorporation or the Bylaws of the
Association, the terms and provisions of this Declaration shall
prevail.
FULOP. ROLSTON.
BURNS & MCKITTRICK —41—
A LAW CORPORATION 0543S/PILG/4 8 6 7/13 3 6 0/
mlj/04-30-81
i
a"�s� .s .r:_�?2wc 's' r ea:z+•_-
..-
Grantor has executed this Declaration on the date first
written above.
KENT LAND COMPANY,
a California corporation,
By:
Its
By :
Its
"Grantor"
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 19 , before me , the undersigned,
a Notary Public in and for said State, personally appeared
, known to me to be the
President, and , known to me
to be the Secretary of KENT LAND
COMPANY, the corporation that executed the within Instrument
and known to me to be the persons who executed the within
Instrument on behalf of said corporation, and acknowledged to
me that such corporation executed the same pursuant to its
bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
Notary Public in and for said State
FULOP. ROLSTON,
BURNS & MCKITTRICK -42-
A LAW CORPORATION - 0543S/MLG/4867/13360/
mlj/04-30-81
I
4
1 -
SUBORDINATION
The undersigned, as holder of the beneficial interest in
and under that certain Deed of Trust dated ,
19 , and recorded on , 19 , in the Office of
the County Recorder as Instrument No. ,
which Deed of Trust is by and between ,
as Trustor, a California
corporation, as Trustee , and , as
Beneficiary, hereby expressly subordinates such Deed of Trust
and its beneficial interests thereunder to the foregoing
Declaration of Covenants, Conditions, Restrictions and
Reservation of Easements for (the "Declaration" ) ; provided,
however, that for the purpose of the Declaration,
shall be deemed to be a "first Mortgagee"
as that term is defined at Article YII in the Declaration.
Dated : 19
a ,
By :
Its
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On 19 , before me , the undersigned,
a Notary Public in and for said State, personally appeared
known to me to be the ,
and , known to me to be the
respectively, of
the corporation that executed the within
Instrument and known to me to be the persons who executed the
within Instrument on behalf of said banking association, and
acknowledged to me that said banking association executed the
within Instrument pursuant to its bylaws or a resolution of its
board of directors.
WITNESS my hand and official seal.
Notary Public in and for said State
FULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION 4 J—
0543S/MLG/4867/13360/
mlj/04-30-81
= --- — -
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EXHIBIT "A"
ARTICLES OF INCORPORATION OF THE ASSOCIATION
i
FULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION 0544S/r4LG/4867/13360
mlj/04-30-81
I
... lilt +s.` '.'f,Inrr:ImR}4a�..
EXHIBIT "B"
BYLAWS OF THE ASSOCIATION
r
FULOP. ROLSTON.
BURNS &CORPORATION
0544S/MLG/4867/13360
A LAW CORPORATION
mlj/04-30-81
i
EXHIBIT "C"
COPY OF INITIAL BUDGET OF THE ASSOCIATION
I
n
FULOP. ROLSTON.
BURNS & MCKITTRICK
A LAW CORPORATION 0544S/MLG/4867/13360
mlj/04-30-81
' R
EXHIBIT "D"
DRAWINGS SHOWING LOCATION OF
ASSOCIATION MAINTENANCE AREAS
FULOP. ROLSTON.
BURNS & MCKITTRICK - -
A Lew CORPORATION 0544S/P4LG/4 8 67/13 3 60
mlj/04-30-81
_ I
P
EXHIBIT "E"
SIDEWALK AREAS SUBJECT TO EASEMENTS
I
- I
t
FULOP. ROLSTON,
BURNSa>< MPT 0544S/MLG/4867/13360
A LAW CORPORORATIONION
mlj/04-30-81
I
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CITY OF PALM DESERT
TRANSMITTAL LETTER
I. TO: Honorable Mayor and City Council
II . REQUEST: Approval of a Tentative Tract Map to allow the construction
of a 22 dwelling unit condominium project and associated
recreational amenities on 5 gross acres within the PR-5
zone (Planned Residential , 5 d.u./acres maximum density)
located at the southwest corner of Portola Avenue and
Hovley Lane.
III . APP,ICANT: KAUFMAN AND BROAD HOMES, INC. WALLACH AND ASSOC. , INC.
18902 Bardeen Way 74-075 E1 Paseo, #A-7
Irvine�Calif. 92715 Palm Desert, Calif. 92260
IV. CASE NO: TT 14998 (Renewal )
V. DATE: January 1981
VI. CONTENTS:
A. Staff Recommendation.
B. Discussion.
C. Draft Resolution No. 81-11 .
D. Planning Commission Minutes involving Case No. TT 14998 (Renewal ) ,
E. Planning Commission Resolution No. 666.
F. Planning Commission Staff Report dated December 30, 1980.
G. Related maps and/or exhibits.
------------------------------------------------------------------------------
A. STAFF RECOMMENDATION:
Waive further reading and adopt Resolution 'No. 81-11 , approving TT 14998
(Renewal ) .
B. DISCUSSION:
This Tentative Tract Map has been filed to replace a previous Tract Map
which had expired. The project is the same as previously approved.
Specific findings and justification must exist to approve a Tentative
Tract Map. The attached Staff Report, dated December 30, 1980, documents
the findings and justification which support approval of this request. .
As reflected in the attached Planning Commission minutes of December 30,
1980, except for a general question regarding sidewalks, there was no
discussion or questions from the Commission, applicant or audience. There-
after, the Commission approved this request on a 4-1 vote (McLachlan absent) .
2 C. DP QL d
je
D zC GIle
a,� d 1
RESOLUTION NO. 81-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP
TO ALLOW CONSTRUCTION OF 22 RESIDENTIAL CONDOMINIUM
UNITS ON 5 GROSS ACRES LOCATED AT THE SOUTHWEST
CORNER OF PORTOLA AVENUE AND HOVLEY LANE.
CASE NO. TT 14998 (RENEWAL)
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 22nd day of January, 1981 , hold a duly noticed Public Hearing to
consider the request of KAUFMAN AND BROAD HOMES, INC. , for approval of a Ten-
tative Tract Map to allow the construction of a 22 dwelling unit condominium
project and associated recreational amenities on 5 gross acres within the PR-5
zone ( Planned Residential , 5 d.u./acres maximum density) located at the south-
west corner of Portola Avenue and Hovley Lane, more particularly described as:
APN 622-020-036
WHEREAS, the Planning Commission, by Resolution No. 666 , has
recommended approval subject to conditions.
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 has previously been assessed in connection with Case
Nos. DP 11-79 and TT 14998 (original ) , and no further documentation is deemed
necessary.
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 Tenta-
tive Tract Map:
a. That the proposed map is consistent with applicable
general and specific plans.
b. That the design or improvement of the proposed sub-
division 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.
(L g. That the design of the subdivision or the type of improvements will not conflict with easements, ac-
quired 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
RESOLUTION NO. 81-11 PAGE TWO
constitute the findings of the Council in this case.
2. That it does hereby approve the above described Ten-
tative Map No. TT 14998 (Renewal ) , for the reasons
set forth in this Resolution and subject to the
attached conditions.
FURTHER BE IT RESOLVED that the recommended conditions of approval
do include a requirement that the applicant pay in-lieu fees to comply with
the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance.
In return the City Council agrees to use said fees for park purposes in confor-
mance with an adopted master plan, within five (5) years of the recordation of
the final map.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
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
I
RESOLUTION NO. 81-11 Page Three
STANDARD CONDITIONS OF APPROVAL
CASE NO. TENTATIVE TRACT 14998 (RENEWAL)
1 . The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to
all the requirements, limitations, and restrictions of all municipal
ordinances and State and Federal statutes now in force, or which here-
after may be in force.
2. Full public improvements including traffic safety lighting as required by
ordinance and the City Engineer shall be installed in accordance with City
standards.
3. Prior to submittal of the Final Map, the applicant shal.l provide the
Department of Environmental Services with a list of proposed street
names with at least three alternatives. The approval of the final street
name shall be made by the Director of Environmental Services.
4. Access rights to Hovley Lane and Portola Avenue, (except for one approved
entrance to each street) shall be offered to the City as a dedication on
the Final Map.
5. The C.C. & R's for this development shall be submitted to the Director of
Environmental Services for review, and final approval by the City Attorney
prior to the issuance of any building permits. Prior to recordation of the
final subdivision map, the applicant shall submit to the City Engineer:
a. ' The document to convey title.
b. Covenants and restrictions to be recorded (which have been
approved) .
c. Management and maintenance agreement to be entered into with
the owners of the units of the project (which has been approved) .
d. Lots indicated as common shall be retained in undivided interest
granted to each homeowner.
6. Improvement plans for water and sewer systems shall meet the requirements
of the respective service districts.
7. Area shall be annexed to appropriate Improvement Districts having juris-
diction over the subject area.
8. 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.
9. All on-site utilities, including cable TV, shall be placed underground and
shall be completely concealed from view except certain appurtenances as
may be approved by the Director of Environmental Services.
10. Complete plans and specifications shall be submitted as required by Ordi-
nance to the City Engineer for checking and approval before construction
of any improvements is commenced. The subdivider shall submit "as built"
plans prior to acceptance of the subdivision improvements by the City.
11 . In order to maintain reasonable fire protection during the construction
period, the subdivider shall maintain passable vehicular access to all
buildings. An adequate number of fire hydrants with required fire flows
shall be installed as recommended by the Fire Marshal .
12. 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.
13. All requirements of the City Fire Marshal from his letter of December 12,
1980, shall be met as a part of the development of this tract.
14. The water system 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 of Tract No. 14998 is in accordance with the require-
ments prescribed by the City Fire Marshal " .
RESOLUTION NO. 81-11 Page Four
15. Drainage shall be subject to approval of the City Engineer.
Applicant shall provide engineered data as requested.
16. All private streets shall be to City standards and be inspected by the
Engineering Department and a Standard Inspection Fee shall be paid.
17. All requirements of the Planning Commission action on the Development
Plan 11-80 and 214 MF shall be met as a part of the development of this
tract.
18. The total number of lots shall be limited to 22 for condominium unit
use, and ,other lots for common purposes as deemed necessary.
19. 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 .
20. Drainage and Signalization Fund contributions as required by City Ordinance
shall be paid prior to recordation of the Final Map.
21 . Developer shall pay in-lieu fees for Park and Recreation purposes to comply
with the requirements of Article 26.48 of the City of Palm Desert Sub-
division Ordinance.
SPECIAL CONDITIONS
1 . Provide installation of adjacent right-of-way design as follows:
Hovley Lane - dedication and improvement of 44 ft. half
street. Half street section to contain 32 ft. wide travel
lane, and 12 ft. public parkway (no sidewalk) , with
ornamental landscaping.
Portola Avenue - dedicate and improve 50 ft. half street.
Street section to contain ultimate 6 ft. (one-half of 12
ft. ) raised center median, 32 ft. wide travel lane, and
12 ft. public parkway and 20 ft. public access easement
with an 8 ft. wide meandering pedestrian/bike path, orna-
mental landscaping.
2. The grade of Hovley Lane shall be reestablished as directed and approved
by the Director of Public Works. All improvement plans shall be based on
that new grade.
3. Safety street lighting shall be installed at each tract entrance on
Hovley Lane and Portola ,Avenue.
4. The map shall provide for 50% of the net site area (approx. 1 .96 acres)
to be held in common for open space purposes, this may be accomplished
by means of an easement.
5. Drainage facilities shall be provided per Ordinance No. 218 and Master
Drainage Plan to specifications of Public Works Director.
RESOLUTION NO. 81-11 Page Five
e I7\ RIVERSIDE COUNTY
FIRE DEPARTMENT
♦ IN COOPERATION WITH THE
COUNTS . a
CALIFORNIA DEPARTMENT OF FORESTRY
DAVID L. FLAKE
---, COUNTY FIRE WARDEN 210 WEST SAN JACINTO STREET
• PERRIS, CALIFORNIA 92370
December 12, 1980 TELEPHONE (716) 657-3183
\ ° ��� eel �, R �,�
3 81
DEC 15 1980
Ramon A. Diaz
ENVIRONMENTAL SERVICES
Director of Environmental Services CITY OF PALM DESERT.
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Reference: Case No. nP 11-80/TT 14998
Gentlemen:
Prior to construction of any of the proposed buildings, the following conditions
must be met:
1 . Install a water system capable of delivering 2500 GPM fire flow for a two (2)
(` hour duration in addition to domestic or other supply. The computation shall
1 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 so that no point of any building is
more than 250 feet from a fire hydrant measured along approved vehicular travel
ways.
A. Hydrants shall not be located closer than 25 feet to any building.
B. Exterior surfaces of hydrant barrels and heads shall be painted chrome --
yellow and the tops and nozzle caps shall be painted green.
C. Curbs (if installed) , shall be painted red 15 feet in either direction from
each hydrant.
3. Prior to issuance of a building permit, the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
Upon approval , one copy will be sent to the Building Department and the original
will be returend to the developer.
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 Case Number DP 11-80/ TT 14998 is in accordance with the
requirements prescribed by the Fire Marshal ."
5. Prior to delivery of combustible materials to the building site, the required
water system shall be installed, operating and delivering the required flow.
I
t
A
RESOLUTION NO. 81-11 Page Six
Ramon Diaz
Dir. of Environmental_ Serv. 12/12/8D
City of Palm Desert Page 2
6. Access gates shall be electronically controlled from emergency vehicles
by an approved system.
Sincerley,
DAVID L. FLAKE
County Fire Warden
BY Tie
tc
Eric L. Vog
Fire Marshal
to
cc: J. Zimmerman, CVWD
;l
�— MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - DECEMBER 30, 1980
7:00 P.M. - CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER
The regularly sche uled meeting of the Palm Desert Planning Commission was
called to order a 7:00 p.m. by Chairman Miller in the City Hall Council
Chambers.
II. PLEDGE OF ALLEG NCE - Commissioner Berkey
III. ROLL CALL
Members Prese t: Commissioner Berkey
Commissioner Kryder
Commissioner Richards
Chairman Miller
Excused A sent: Commissioner McLachlan
Staff Pr sent: Ramon A. Diaz, Director of Environmental Services
Stan Sawa, Principal Planner
Phil Drell , Assistant Planner
Linda Russell , Planning Secretary
Other Present: Barry McClellan, Director of Public Works
IV. AP P OVAL OF MINUTES
A Minutes of regular meeting of December 17, 1980.
otion was made by Commissioner Berkey, seconded by Commissioner Richards,
to a rove this minutes as submitted. Carried unanimously (4-0) .
V. WRITTEN COMMUNICATIONS - NONE
VI. BLIC HEAR
A. Case Nos. DP 11-80 and TT 14998 - KAUFMAN AND BROAD HOMES, INC. and
WALLACH AND ASSOCIATES, INC.., Applicants
Request for approval of a Development Plan and a Tentative -- -
Tract Map to allow the construction of a 22 dwelling unit
condominium project and associated recreational amenities
on 5 gross acres within the PR-5 zone (Planned Residential ,
5 d.u./acres maximum density) located at the southwest
corner of Portola Avenue and Hovley Lane.
Mr. Sawa presented this case stating that this project was previously approved
but has expired. He stated that the Design Review Board has approved this matter and
previous concerns have been addressed by the DRB. Mr. Sawa noted one concern, trash
pickup, was addressed in one of the conditions. Staff recommended approval ,
Chairman Miller asked about the condition stating that there would be no
sidewalks. Mr. Sawa replied that the sidewalks are located on the east side.
Chairman Miller opened the Public Hearing asking if the applicant wished to
make a presentation.
MR. KEN BRANDT, Representative, 18902 Bardeen Way, Irvine, stated he reviewed-
the conditions and accepted them. He noted the project Engineer was present for any
questions.
Chairman Miller asked if there was anyone present who wished to speak in FAVOR
or OPPOSITION to this case. There being none, the Public Hearing was closed.
Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to
approve the Development Plan by adoption of Planning Commission Resolution No. 665,
and recommended approval
pp oval to the City Council of Tentative Tract Map 14998 by adoption
of Planning Commission Resolution No. 666. Carried unanimously (4-0).
PLANNING COMMISSION RESOLUTION NO. 666
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF A TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF
22 RESIDENTIAL CONDOMINIUM UNITS ON 5 GROSS ACRES LOCATED
AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND HOVLEY LANE.
CASE NO. TT 14998 (RENEWAL)
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 30th day of December, 1980, hold a duly noticed public hearing to
consider the request of KAUFMAN AND BROAD HOMES INC. , for approval of a Tentative
Tract Map to allow the construction of a 22 dwelling unit condominium project and
associated recreational amenities on 5 gross acres within the PR-5 zone (Planned
Residential , 5 d.u./acres maximum density) located at the southwest corner of
Portola Avenue..and Hovley Lane, more particularly described as:
622-020-036
WHEREAS, said application has complied with the requirements of the "City
of Palm De
sert Procedures
to Implement
plement the California Environmental Quality Act,
Resolution No. 80-89", in that the Director of Environmental Services has determined
that the project has previously been assessed in connection with Case Nos, DP 11-79
and TT 14998 (original ) , and no further documentation is deemed necessary.
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 as justified in the staff report for TT 14998
dated December 30, 1980, to exist to recommend approval of the Tentative Tract Map:
1. That the proposed map is consistent with applicable general
and specific plans.
2. That the design or improvement of the proposed subdivision is
consistent with applicable general and specific plans.
3. That the site is physically suitable for the type of development.
4. That the site is physically suitable for the proposed density
of development.
That the design of the subdivision or the proposed improvements - -
are not likely to cause substantial environmental damage or
substantially and avoidably injurefish or wildlife or their
habitat.
6. That the design of the subdivision or the type of improvements
is not likely to cause serious public health problems.
7. 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.
WHEREAS, in the review of this Tentative Tract Map the Planning Commission
has considered the effect of the contemplated action on the housing needs of the
region for purposes of balancing these needs against the public service needs of the
residents of the City of Palm Desert and its environs, with available fiscal and
environmental resources.
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 of the above described
Tentative Map No. 14998 (Renewal ) for the reasons set forth in
this Resolution and subject to the attached conditions.
I
PLANNING COMMISSION RESOLUTION NO. 666 Page Two
FURTHER BE IT RESOLVED that the recommended conditions of approval do
include a requirement that the applicant pay in-lieu fees to comply with the require-
ments of Article 26.48 of the City of Palm Desert Subdivision Ordinance. In return
it is recommended that the City Council agree to use said fees for park purposes in
conformance with an adopted master plan, within five (5) years of the recordation of
the final map.
PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 30th day of December, 1980, by the following vote,
to wit:
AYES: BERKEY, KRYDER, RICHARDS, MILLER
NOES: NONE
ABSENT: MCLACHLAN
ABSTAIN: NONE
CHARLES MILLER, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/1r
1
Q
PLANNING COMMISSION RESOLUTION NO. 666 Page Three
STANDARD CONDITIONS OF APPROVAL
CASE NO. TENTATIVE TRACT 14998 (RENEWAL)
1. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to
all the requirements, limitations, and restrictions of all municipal
ordinances and State and Federal statutes now in force, or which here-
after may be in force.
2. Full public improvements including traffic safety lighting as required by
ordinance and the City Engineer shall be installed in accordance with
City standards.
3. Prior to submittal of the Final Map, the applicant shall provide the
Department of Environmental Services with a list of proposed street
names with at least three alternatives. The approval of the final street
name shall be made by the Director of Environmental Services.
4. Access rights to Hovley Land and Portola Avenue, (except for one approved
entrance to each street) shall be offered to the City as a dedication on
the Final Map.
5. The C.C. & R's for this development shall be submitted to the Director of
Environmental Services for review, and final approval by the City Attorney
prior to the issuance of any building permits. Prior to recordation of
the final subdivision map, the applicant shall submit to the City Engineer:
a. The document to convey title.
b. Covenants and restrictions to be recorded (which have been
approved) .
C. Management and maintenance agreement to be entered into with the
owners of the units of the project (which has been approved) .
d. Lots indicated as common shall be retained in undivided interest
granted to each homeowner.
1117
6. Improvement plans for water and sewer systems shall meet the requirements
of the respective service districts.
7. Area shall be annexed to appropriate Improvement Districts having juris-
diction over the subject area.
8. 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.
9. All on-site utilities, including cable TV, shall be placed underground and
shall be completely concealed from view except certain appurtenances as
may be approved by the Director of Environmental Services.
10. Complete plans and specifications shall be submitted as required by Ordi-
nance to the City Engineer for checking and approval before construction
of any improvements is commenced. The subdivider shall submit "as built"
plans prior to acceptance of the subdivision improvements by the City,
11. In order to maintain reasonable fire protection during the construction
period, the subdivider shall maintain passable vehicular access to all
buildings. An adequate number of fire hydrants with required fire flows
shall be installed as recommended by the Fire Marshal .
L12. 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.
13. All requirements of the City Fire Marshal from his letter of December 12,
1980, shall be met as a part of the development of this tract.
14. The water system 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 of Tract No. 14998 is in accor-
dance with the requirements prescribed b the
p City Fire Y Y Marshal . "
l
PLANNING COMMISSION RESOLUTION NO. 666 Page Four
15. Drainage shall be subject to approval of the City Engineer.
Applicant shall provide engineered data as requested.
16. All private streets shall be to City standards and be inspected by
the Engineering Department and a Standard Inspection Fee shall be paid.
17. All requirements of the Planning Commission action on the Development
Plan 11-80 and 214 MF shall be met as a part of the development of .
this tract.
18. The total number of lots shall ' be limited to 22 for condominium
unit use, and other lots for common purposes as deemed necessary.
19. .The applicant shall have twelve (12) months from the date of the
approval or.conditional approval fo 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 .
20. Drainage and Signalization Fund contributions as required by City
Ordinance shall be paid prior to .recordation of the Final Map.
21. Developer shall pay in-lieu fees for Park and Recreation purposes to
comply with the requirements of Article 26.48 of the City of Palm
Desert Subdivision Ordinance.
SPECIAL CONDITIONS
1. Provide installation•of adjacent right-of-way design as follows:
Hovley Lane - dedication and improvement of 44 ft. half
street. Half street section to contain 32 ft. wide travel
lane, and 12 ft. public parkway (no sidewalk) , with
ornamental landscaping.
Portola Avenue - dedicate and improve 50 ft. half street.
Street section to contain ultimate 6 ft. (one-half of 12
ft. ) raised center median, 32 ft. wide travel lane, and
12 ft. public parkway and 20 ft. public access easement
with an 8 ft. wide meandering pedestrian/bike path, orna-
mental landscaping.
2. The grade of Hovley Lane shall be reestablished as directed and approved
by the Director of Public Works. All improvement plans shall be based
on that new grade. •
3. Safety street lighting shall be installed at each tract entrance on
Hovley Lane and Portola' Avenue.
4. The map shall provide for 50% of the net site area (approx. ,1.96 acres)
to be held in common for open space purposes, this may be accoplished
by means of an easement.
5. Drainage facilities shall be provided per Ordinance No. 218 and
Master Drainage Plan to specifications of Public Works Director.
r I
PLANNING COMMISSION RESOLUTION NO. 666 Page five
ew �� RIVERSIDE COUNTY
3 ?` s- FIRE DEPARTMENT
'N+I GOU.\'Ti 4. y IN COOPERATION WITH THE
CALIFORNIA DEPARTMENT OF FORESTRY
Gila CT� RIVERSIDE
DAVID L. FLAKE
COUNTY FIRE WARDEN 210 WEST SAN JACINTO STREET
PERRIS, CALIFORNIA 92370
December 12, 1980 TELEPHONE (7141 657-3183
LI �8 W2:�
DEC 15 1980
Ramon A. Diaz
Director of Environmental Services ENVIRONMENTAL SERVICES
City of Palm Desert CITY OF PALM DESERT.
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Reference: Case No. P 11-80/TT 44998
Gentlemen:
Prior to construction of any of the proposed buildings, the following conditions
must be met:
1 . Install a water system capable of delivering 2500 GPM fire flow for a two (2)
hour duration in addition to domestic or other supply. The computation shall
be based upon a minimum of 20 psi residual operating pressure in the supply
main from which the flow is measured at the time of measurement.
2. Install Riverside County super fire hydrants so that no point of any building is
more than 250 feet from a fire hydrant measured along approved vehicular travel
ways.
i
A. Hydrants shall not be located closer than 25 feet to any building.
B. Exterior surfaces of hydrant barrels and heads shall be painted chrome
yellow and the tops and nozzle caps shall be painted green.
C. Curbs (if installed)', shall be painted red 15 feet in either direction from
each hydrant.
3. Prior to' issuance of a building permit, the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
Upon approval , one copy will be sent to the Building Department and the original
will be returend to the developer.
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 desi_g ,:
of the water system in Case Number DP 11-80/ TT 14998 is in accordance with the
requirements prescribed by the Fire Marshal ."
5. Prior to delivery of combustible materials to the building site, the required
water system shall be installed, operating and delivering the required flow.
PLANNING COMMISSION RESOLUTION NO. 666 Page Six
l
Ramon Diaz
Dir. of Environmental_. Serv. 12/12/80
City of Palm Desert Page 2.
6. Access gates shall be electronically controlled from emergency vehicles
by an approved system.
Sincerley, I
DAVID L. FLAKE
County Fire Warden
Bylt� �)�
Eric L. Vogt/
Fire Marshal
to
cc: J. Zimmerman, CVWD
r
I
I
CITY OF PALM DESERT
STAFF REPORT
To: Planning Commission
Report on: Residential Development Plan and Tentative Tract Map.
Applicant(s): Kaufman angiload Homes, Inc. Wallach and Assoc. , Inc.
18902 Barden Way 74-075 E1 Paseo #A-7
Irvine, CA 92715 Palm Desert, CA 92260
Case No(s) : DP 11-80 a dTT 8014998 Renewal )
Date: December 300, 19 I. REQUEST:
Approval of a Development Plan and a Tentative Tract Map to allow the /
.construction of a 22 dwelling unit condominium project and associated
recreational amenities on 5 gross acres within the PR-5 zone (Planned
Residential , 5 d.u./acres maximum density) located at the southwest j
corner of Portola Avenue and Hovley Lane. I
LOCATIONAL MAP:
7T 14998
............................:
. i
?..!:tii:F..?:5::i:..........
II. BACKGROUND: - ...:,.Es:_ ;�Ms��r�a_;p,..::,-:
A. ADJACENT ZONING/LAND USE:
North: PR-5 / Residential under construction.
South: PR-5 / vacant
East: OS / vacant
West: PR-5 / vacant
B. GENERAL PLAN LAND USE DESIGNATION:
Medium Density Residential 5-7 du/acre
C. ENVIRONMENTAL ASSESSMENT:
The proposed project has been previously assessed in connection with Case
Nos DP 11-79 and TT 14998 (Original ) , and no further documentation is
deemed necessary by the Director.
D. PREVIOUS PERTINENT CASES:
DP 11-79, T & D CAL INVESTMENTS - Development Plan for 22 condominium units
approved by Planning Commission on October 17, 1979, by a option of Resolu-
tion No. 537 approval expired October 18, 1980.
TT 14998, T & D CAL. INVESTMENTS - Tentative Tract for 28 lots (22 residential
lots) approved by City Council on November 8, 1979, by adoption of Resolution
No. 79-134. Approval expired November 9, 1980.
214 MF, KAUFMAN AND BROAD - preliminary and final working drawings have been
approved by Design Review Board and Planning Commission. Approval expires
on August 6, 1981 .
STAFF REPORT j
CASE NOS DP 11-80 and TT 14998 (Renewal )
December 30, 1980 Page 2
III. DISCUSSION:
A. GENERAL
This project was previously approved as noted above in 1979. The Development,
Plan and Tentative Tract approval expired in October and November of this
year, respectively, without implementing on the project. Therefore, they have
refiled for approval of the same project. The applicants have gone through
the Design Review Board with preliminary and final working drawings. The DRB
approval is valid until August 6, 1981 .
The plans (site plan, elevations, and Tentative Tract Map) submitted reflect;
the approval of the ORB and is somewhat modified from the original approval
in 1979.
The project consists of 11 single story duplex structures (22 units) 2 tennis
courts, and one pool and jacuzzi . Access is provided through one driveway oil
Portola Avenue and one dirveway on Hovley Lane.
Previous concerns pertaining to Blowsand protection, perimeter .t-reatment, and
plan design have been addressed by the ORB approval . A new concern not ade-
quately reviewed is that of trash pick-up. A representative of the trash
company states that due to circulation design they will not be able to pick
up trash individually from each unit. Therefore, a trash enclosure (2 bin
capacity) must be provided in close proximity to each driveway entry.
B, TENTATIVE TRACT MAP
The Tentative Tract Map provides for thirty-two (32) lots (22 condominium
G f�, lots and 10 lots for common areas).
Specific findings and justification must be made in order to recommend approval
If a tentative tract map to the City Council . Those findings are as follow;€
1 That the pasedd Q is consistent with app�licabl
general and speci fi c plans.
2. That the design or improvement of the proposed subdivision
is consistent with applicable general and specific plans.
3. That the. site is physically suitable for the type of devel-
opment.
4. That the site is physically suitable for the proposed
density of development.
5. That the design of the subdivision or the proposed improve-
ments are not likely to cause substantial environmental
damage or substantially and aviodably injure fish or wild-
life or their habitat.
6. That the design of the subdivision or the type of improvements
is not likely to cause serious public health problems.
7. That the design of the subdivision or the type of improverents
will not conflict with easements , acquired by the public at
large, for access through or use of property within the pro-
posed subdivision.
The justification in support of those findings are as follows:
I . The adopted General Plan indicates 5-7 du/acres and the pro-
posed density of 4.63 du/acre is below the maximum density.
2. Hovley Lane, Portola Avenue will be improved and drainage
facilities will be provided in conformance with the adopted
General Plan and Master Drainage Plans. The proposed resi-
dential development is consistent with the adopted General Plan.
STAFF REPORT
CASE NOS DP 11-80 and TT 14998 (Renewal )
December 30, 1980 Page 3
3,4. The site is of sufficient size, shape and topography for the
proposed type and density of development.
5,6. The design of the subdivision is not likely to cause substantial
environmental damage or serious public health problems because it
will be developed in concert with applicable local , state and
federal regulations.
7. There have been no easements acquired by the public at large
for access through or use of property within the proposed sub-
division.
Based on the justification there appears to be sufficient grounds for
approval .
IV. STAFF RECOMMENDATION:
Based on justification in staff report and draft Resolution:
Approve Development Plan and recommend approval of Tentative Tract Map to
City Council by adoption of Planning Commission Resolution Nos
and respectively, subject to conditions.
6=1
11 ATER 'l -
ESTABLISHED IN 1918 AS A PUBLIC k..ICY
�isralcj
COACHELLA VALLEY WATER DISTRICT
POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE(714)398-2651
DIRECTORS OFFICERS
RAYMOND R.RUMMONDS.PRESIDENT LOWELL O.WEEKS,GENERAL MANAGER-CHIEF ENGINEER
TELLIS CODEKAS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY
C.J.FROST DENNIS M.HACKETT,AUDITOR
PAUL W.NICHOLS December 22, 1980 REDWINE AND SHERRILL,ATTORNEYS
STEVE D.BUXTON
File: 0163. 11
0421 .1
0721 .1
Department of Environmental Services NEC OR
City of Palm Desert 3 1 '�Q
P. 0. Box 1977 ENVIRONMENTAL SCRVIOES
Palm Desert, California 92261 city ^F. PAUA DESERT
Gentlemen:
Re: Tract 14,998, Case No. DP I1-80
NE4, Sec. 8, T5S, RISE, S.B.M.
This area is protected from stormwater flows by Whitewater River Stormwater
Channel , and may be considered safe from stormwater flows except in rare
instances.
This area is designated Zone C on Federal Flood Insurance rate maps which
are in effect at this time.
The District will furnish domestic water and sanitation service to this area
in accordance with the current regulations of this District.
This area shall be annexed to Improvement District Nos. 16 and 70 of
Coachella Valley Water District for domestic water service.
This area shall be annexed to Improvement District Nos. 53 and 80 of
Coachella Valley Water District for sanitation service.
Very truly yours,
7 A
ter"
Lowell 0. Week��
General Manager-Chief Engineer
CS:dlg
cc: Riverside County
Department of Public Health
46-209 Oasis Street
j Indio, California 92201
Attention: Don Park
I
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S
MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - DECEMBER 30, 1980
7:00 P.M. - CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER
The regularly scheduled meeting of the Palm Desert Planning Commission was
called to order at 7:00 p.m. by Chairman Miller in the City Hall Council
Chambers.
II. PLEDGE OF ALLEGIANCE - Commissioner Berkey
III. ROLL CALL
Members Present: Commissioner Berkey
Commissioner Kryder
Commissioner Richards
Chairman Miller
Excused Absent: Commissioner McLachlan
Staff Present: Ramon A. Diaz, Director of Environmental Services
Stan Sawa, Principal Planner
Phil Drell , Assistant Planner
Linda Russell , Planning Secretary
Others Present: Barry McClellan, Director of Public Works
IV. APPROVAL OF MINUTES
A. Minutes of regular meeting of December 17, 1980.
Motion was made by Commissioner Berkey, seconded by Commissioner Richards,
to approve this minutes as submitted. Carried unanimously (4-0) .
V. WRITTEN COMMUNICATIONS - NONE
VI. PUBLIC HEARING'—
A. se Nos DP 11-80 and TT 14998 - KAUf. AN AND BROAD HOMES, INC. and
WALLACH AND ASSOCIATES, INC. , pplicants
Request for approval of a Development Plan and a Tentative
Tract Map to allow the construction of a 22 dwelling unit
condominium project and associated recreational amenities
on 5 gross acres within the PR-5 zone (Planned Residential ,
5 d.u./acres maximum density) located at the southwest
corner of Portola Avenue and Hovley Lane.
Mr: Sawa presented this case stating that this project was previously approved
but has expired. He stated that the Design Review Board has approved this matter and
previous concerns have been addressed by the DRB. Mr. Sawa noted one concern, trash
pickup, was addressed in one of the conditions. Staff recommended approval . .
Chairman Miller asked about the condition stating that there would be no
sidewalks. Mr. Sawa replied that the sidewalks are located on the east side.
Chairman Miller opened the Public Hearing asking if the applicant wished to
make a presentation.
MR. KEN BRANDT, Representative, 18902 Bardeen Way, Irvine, stated he reviewed-
the conditions and accepted them. He noted the project Engineer was present for any
questions.
Chairman Miller asked if there was anyone present who wished to speak in FAVOR
or OPPOSITION to this case. There being none, the Public Hearing was closed.
Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to
approve the Development Plan by adoption of Planning Commission Resolution No. 665,
and recommended approval to the City Council of Tentative Tract Map 14998 by adoption
of Planning Commission Resolution No. 666. Carried unanimously (4-0) .
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
December 31, 1980
CITY OF PALM DESERT
LEGAL NOTICE
REQUEST FOR APPROVAL OF A 28 LOT TENTATIVE TRACT
• MAP TO ALLOW CONSTRUCTION OF 22 RESIDENTIAL
CONDOMINIUM UNITS ON 5 GROSS ACRES LOCATED AT THE
'SOUTHWEST CORNER OF PORTOLA AVENUE AND HOVLEY LANE.
CASE NO. TT 14998
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the
Palm Desert City Council to consider a request by KAUFMAN AND BROAD
HOMES, INC'. , for approval of a 28 lot Tentative Tract Map (previous-
approval has expired) to allow the construction of a 22 dwelling unit
condominium project and associated recreational amenities on 5 gross
acres within the PR-5 zone (Planned Residential , 5 d:u./acres maximum
density) located at the southwest corner of Portola Avenue and Hovley
Lane, more particularly described as:
APN 622-020-036
d
.- - ® .
'i
TITTTT 14998
cu:
SAID Public Hearing will be held on January 22, 1981, 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. If approved, the project would
allow the construction of a 22 unit condominium project.
SHEILA D, GILLIGAN, City Clerk
City of Palr+ Desert, California
PUBLISH: Palm Desert Post
January 8, 1981
r
-1.
45-275 PRICKLY PEAR LAME, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
December 31, 1980
CITY OF PALM DESERT
LEGAL NOTICE
REQUEST FOR APPROVAL OF A 28 LOT TENTATIVE TRACT
• MAP TO ALLOW CONSTRUCTION OF 22 RESIDENTIAL
CONDOMINIUM UNITS ON 5 GROSS ACRES LOCATED AT THE
SOUTHWEST CORNER OF PORTOLA AVENUE AND HOVLEY LANE.
CASE NO. TT 14998
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the
Palm Desert City Council to consider a request by KAUFMAN AND BROAD
HOMES, INC... , for approval of a 28 lot Tentative Tract Map (previous
approval has expired) to allow the construction of a 22 dwelling unit
condominium project and associated recreational amenities on 5 gross
acres within the PR-5 zone (Planned Residential ,. 5 d.u:/acres maximum
density) located at the southwest corner of Portola Avenue and Hovley
Lane, more particularly described as:
APN 622-020-036 -
TT 14998
�hie`�szM1°� j
SAID Public Hearing will be held on January 22, 1981, at 7:O0 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. If approved, the project would
allow the construction of a 22 unit condominium project.
SHEILA D, GILLIGAN, City Clerk
City of Palr Desert , California
PUBLISH: Palm Desert Post
January 8, 1981
F.
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 .
TELEPHONE (714) 346-0611
January 26, 1981
Kaufman and Broad Homes, Inc.
18902 Bardeen Way
Irvine, California 92715
SUBJECT: Request for Approval of TT 14998 (Renewal )
Gentlemen:
At its regular meeting of January 22, 1981 , the Palm Desert City Council did
unanimously approve the subject request by adopting Resolution No. 81-11 . I
am enclosing a copy of this resolution for your files.
If you have any questions, please do not hesitate to contact me.
Sincerely,
SHEILA R. GILLIGAN
CITY CLERK
SRG/dc
Enclosure (as noted)
cc: Wallach and Associates, Inc.
RESOLUTION NO. 81-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP
TO ALLOW CONSTRUCTION OF 22 RESIDENTIAL CONDOMINIUM
UNITS ON 5 GROSS ACRES LOCATED AT THE SOUTHWEST
CORNER OF PORTOLA AVENUE AND HOVLEY LANE.
CASE NO. TT 14998 (RENEWAL)
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 22nd day of January, 1981 , hold a duly noticed Public Hearing to
consider the request of KAUFMAN AND BROAD HOMES, INC. , for approval of a Ten-
tative Tract Map to allow the construction of a 22 dwelling unit condominium
project and associated recreational amenities on 5 gross acres within the PR-5
zone ( Planned Residential , 5 d.u./acres maximum density) located at the south-
west corner of Portola Avenue and Hovley Lane, more particularly described as:
APN 622-020-036
WHEREAS, the Planning Commission, by Resolution No. 666 has
recommended approval subject to conditions.
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 has previously been assessed in connection with Case
Nos. DP 11-79 and TT 14998 (original ) , and no further documentation is deemed
necessary.
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 Tenta-
tive Tract Map:
a. That the proposed map is consistent with applicable
general and specific plans.
b. That the design or improvement of the proposed sub-
division 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, ac-
quired 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
RESOLUTION NO. 81-11 PAGE TWO
constitute the findings of the Council in this case.
2. That it does hereby approve the above described Ten-
tative Map No. TT 14998 (Renewal ) , for the reasons
set forth in this Resolution and subject to the
attached conditions.
FURTHER BE IT RESOLVED that the recommended conditions of approval
do include a requirement that the applicant pay in-lieu fees to comply with
the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance.
In return the City Council agrees to use said fees for park purposes in confor-
mance with an adopted master plan, within five (5) years of the recordation of
the final map.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
City Council , held on this 22 day of January , 1981 , by the following vote,
to wit:
AYES: McPherson, Newbrander, Puluqi , Snyder & Wilson
NOES: None
ABSENT: None
ABSTAIN: . None
�- _
-ROY - S , Mayor
ATTEST:
__!H_EILA _R._ GTLL GAN, City- Clerk l
City of Palm Desert, lifornia J
l
RESOLUTION NO. 81-11 Page Three
STANDARD CONDITIONS OF APPROVAL °
CASE NO. TENTATIVE TRACT 14998 (RENEWAL)
1 . The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to
all the requirements, limitations, and restrictions of all municipal
ordinances and State and Federal statutes now in force, or which here-
after may be in force.
2. Full public improvements including traffic safety lighting as required by
ordinance and the City Engineer shall be installed in accordance with City
standards.
3. Prior to submittal of the Final Map, the applicant shall provide the
Department of Environmental Services with a list of proposed street
names with at least three alternatives. The approval of the final street
name shall be made by the Director of Environmental Services.
4. Access rights to Hovley Lane and Portola Avenue, (except for one approved
entrance to each street) shall be offered to the City as a dedication on
the Final Map.
5. The C.C. a R's for this development shall be submitted to the Director of
Environmental Services for review, and final approval. by the City Attorney
prior to the issuance of any building permits. Prior to recordation of the
final subdivision map, the applicant shall submittto the City Engineer:
a. The document to convey title.
b. Covenants and restrictions to be recorded (which have been •
approved) .
c. Management and maintenance agreement to be entered into with
the owners of the units of the project (which has been approved) .
d. Lots indicated as common shall be retained in undivided interest
granted to each homeowner.
6. Improvement plans for water and sewer systems shall meet the requirements
of the respective service districts.
7. Area shall be annexed to appropriate Improvement Districts having juris-
diction over the subject area.
8. 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.
9. All on-site utilities, including cable TV, shall be placed underground and
shall be completely concealed from view except certain appurtenances as
may be approved by the Director of Environmental Services.
10. Complete plans and specifications shall be submitted as required by Ordi-
nance to the City Engineer for checking and approval before construction
of any improvements is commenced. The subdivider shall submit "as built"
plans prior to acceptance of the subdivision improvements by the City.
11 . In order to maintain reasonable fire protection during the construction
period, the subdivider shall maintain passable vehicular access to all
buildings. An adequate number of fire hydrants with required fire flows
shall be installed as recommended by the Fire Marshal .
12. 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.
13. All requirements of the City Fire Marshal from his letter of December 12,
1980, shall be met as a part of the development of this tract.
14. The water system 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 of Tract No. 14998 is in accordance with the require-
ments prescribed by the City Fire Marshal ".
RESOLUTION NO. 81-11 Page Four
15. Drainage shall be subject to approval of the City Engineer.
Applicant shall provide engineered data as requested.
16. All private streets shall be to City standards and be inspected by the
Engineering Department and a Standard Inspection Fee shall be paid.
17. All requirements of the Planning Commission action on the Development
Plan 11-80 and 214 MF shall be met as a part of the development of this
tract.
18. The total number of lots shall be limited to 22 for condominium unit
use, and other lots for common purposes asdeemed necessary.
19. 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 .
20. Drainage and Signalization Fund contributions as required by City Ordinance
shall be paid prior to recordation of the Final Map.
21 . Developer shall pay in-lieu fees for Park and Recreation purposes to comply
with the requirements of Article 26.48 of the City of Palm Desert Sub-
division Ordinance.
SPECIAL CONDITIONS
1 . Provide installation of adjacent right-of-way design as follows:
Hovley Lane - dedication and improvement of 44 ft. half
street. Half street section to contain 32 ft. wide travel
lane, and 12 ft. public parkway (no sidewalk) , with
ornamental landscaping.
Portola Avenue - dedicate and improve 50 ft. half street.
Street section to contain ultimate 6 ft. (one-half of 12
ft. ) raised center median, 32 ft. wide travel lane, and
12 ft. public parkway and 20 ft. public access easement
with an 8 ft. wide meandering pedestrian/bike path, orna-
mental landscaping.
2. The grade of Hovley Lane shall be reestablished as directed and approved
by the Director of Public Works. All improvement plans shall be based on
that new grade.
3. Safety street lighting shall be installed at each tract entrance on
Hovley Lane and Portola Avenue.
4. The map shall provide for 50% of the net site area (approx. 1 .96 acres)
to be held in common for open space purposes, this may be accomplished
by means of an easement.
5. Drainage facilities shall be provided per Ordinance No. 218 and Master
Drainage Plan to specifications of Public Works Director.
e
RESOLUTION NO. 81-11 Page Five
1 .
ew-- !� RIVERSIDE COUNTY
FIRE DEPARTMENT
IN COOPERATION WITH THE '
i 1, r CALIFORNIA DEPARTMENT OF FORESTRY
DAVID L. FLAKE
—=I COUNTY FIRE WARDEN
210 WEST SAN JA CIN 70 STREET
PERRIS. CALIFORNIA 92370
V December 12, 1980 TELEPHONE (7141 657-3183
2
DEC 15 1980
Ramon A. Diaz
Director of Environmental Services ENVIRONMENTAL SERVICES
City of Palm Desert
CITY OF PALM DESERT.
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Reference: Case No. .OP 11-80/TT 14998
Gentlemen:
Prior to construction of any of the proposed buildings, the following conditions
must be met:
1 . Install a water system capable of delivering 2500 GPM fire flow for a two (2)
l hour duration in addition to domestic or other supply. The computation shall
Jf 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 so, that no point of any building is
more than 250 feet from a fire hydrant measured along approved vehicular travel
ways,
A. Hydrants shall not be located closer than 25 feet to any building.
B. Exterior surfaces of hydrant barrels and heads shall be painted chrome
yellow and the tops and nozzle caps shall be painted green.
C. Curbs (if installed) , shall be painted red 15 feet in either direction from
each hydrant.
3. Prior to issuance of a building permit, the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
Upon approval , one copy will be sent to the Building Department and the original
will be returend to the developer. -
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 Case Number DP 11-80/ TT•14998 is in accordance with the
requirements prescribed by the Fire Marshal ."
5. Prior to delivery of combustible materials to the building site, the required
water system shall be installed, operating and delivering the -required flow.
c I
i
RESOLUTION NO. 81-11 Page Six
I
Ramon Diaz
Dir. of Environmental_ Serv. 12/12/80
City of Palm Desert Page 2.
I 6. Access gates shall be electronically controlled from emergency vehicles
by an approved system.
Sincerley,
DAVID L. FLAKE
County Fire Warden
Y
Eric L. Vog
Fire Marsha
I
to
cc: J. Zimmerman, CVWD �•'
117
- III
1
PROOF OF PUBLICATION AIM
(20109 2015.5 CCP)
PROOF OF PUBLICATION OF Ey R�NQ�eDESF��
G
28 LOT TRACT MP
11/80-1499
I am a citizen of the United
States and a resident of the 7 --TT- ^ `J CITY AL ESERT _
.� LEGAL NOTICE
County aforesaid: I am over the .REQUEST FOR APPROVAL OF A DEVELOPMENT,PLAN AND A 28 LOT TENTATIVE TRACT
1 MAP TO ALLOW CONSTRUCTION OF 22 RESIDENTIAL CONDOMINIUM UNITS ON 5
age Of ei hteeh yearss and not GROSS ACRES LOCATED AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND
g HOVLEY LANE.
a party to or interested in the CASE NO. DP'11-80 AND TT 14M
• NOTICE IS HEREBY GIVEN that a Public HearingM will be held before the Palm Desert
above entitled matter. I am the P(enntnp Commission to consider a r quest by KAUFAN AND BROAD HOMES, INC., for
?awrova of a Development Plan and a 28,'
88of Tentative Tract Mao(Previous approval has expired)
principal clerk of the printer Jo.ollow, the construction of a 22 dwelling unit condominium project and associoted recreational
dmenities on 5 gross acres within the PR-5 zone (Planned Residential, 5 d.u./acres maximum
of PALM DESERT POST , a newpaper of -d"i%) located at the southwest corner of Portolo Avertue and Hoviev Lone, more particularly
tlescribed as:
general circulations printed APN 622-020006
and published daily in the - --
city of Riversides County of
Riversides and which newspaper !
has been adjudged a newspaper of
general circulation by the
Superior Court of the County of
Riversides State of Cal.ifornias
under date of October 5s 19649 1 \
Case number 83658; that the AIT,i4998
notices of which the annexed isa Drinted copy, has been published
In each regular and entire issue 'terp11`60
_
of said newspaper and not in any
I
supplement thereof on the following
dates to-Hit: i tw
12/16 91980
44 SAID Public Heorino will be held on Decemba' 30.1980,at 7:00 p.m. In the Council Chambers
I Certify C or declare) under #1q.the Palm Desert City Hall,d5-275 Prickly Pear Lone,Palm Desert,California,at which time and
t ace all Interested mrcnns are Invited to attend and be heard.It approved,the project would allow
penalty of perjury that the the construction of a 22 unit condominium protect.
@AAAAA�ON A. DIAZ, Secretary
foregoing is true and correct. PALMDESERT PLANNING COMMISSION pDP-12/18
Dated December 189 1980
at Riversides Califfoo�rynpiaa,
-------- ------------
CITY OF PALM DESERT
45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260
TELEPHONE (714) 346-0611
REPORT OF PLANNING COMMISSION ACTION
DATE January 7, 1981
APPLICANT(S) Kaufman and Broad Homes, Inc. Wallach and Associates, Inc.
18902 Bardeen Way 74-075 E1 Paseo, A-7
Irvine, CA 92715 Palm Desert, 6A 92260
CASE NO: DP 11-80 & TT 14998 (Renewal )
The Planning Commission of the City of Palm Desert has considered your request
and taken the following action at its meeting of December 30, 1980
CONTINUED TO
DENIED BY PLANNING COMMISSION RESOLUTION NO.
X APPROVED BY PLANNING COMMISSION RESOLUTION NO. 665 & 666
X PLACED ON THE AGENDA OF THE CITY COUNCIL January 22, 1981 ,
FOR PUBLIC HEARING.
Any appeal of the above action may be made in writing to the Director of Environ-
mental Services, City of Palm Desert, within fifteen (15) days of the d tb of the
decision. r
3
RAMON A. DIAZ
NOTE: PLEASE SIGN AND RETURN PALM DESERT PLANNING COMMISSION
I accept and agree, prior to use of this permit or approval , to comply with all the
conditions set forth and understand that the Department of Building and Safety will
not issue a building permit or allow occupancy on the use permitted until this signed
confirmation has been received by the Department of Environmental Services.
Date Applicant's Signature
cc: Coachella Valley Water District
File_
i
PLANNING COMMISSION RESOLUTION NO. 665
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A RESIDENTIAL DEVELOPMENT
PLAN TO ALLOW THE CONSTRUCTION OF 22 DWELLING UNITS ON 5
GROSS ACRES LOCATED AT THE SOUTHWEST CORNER OF PORTOLA AVENUE
AND HOVLEY LANE.
CASE NO. DP 11-80
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 30th day of December, 1980, hold a duly noticed Public Hearing to consider
the request of KAUFMAN AND BROAD HOMES, INC. , for approval of a residential Development
Plan to allow the construction of a 22 dwelling unit condominium project and associated
recreational amenities on 5 ross acres, within the PR-5 zone (Planned Residential ,
5 d.u./acres maximum density located at the southwest corner of Portola Avenue and
Hovley Lane, more particulary described as:
622-020-036
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 has previously been assessed in connection with Case Nos. DP 11-79
and TT 14998 (original ) and no further documentation is deemed necessary.
WHEREAS, at said Public Hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts to justify their actions, as described below:
a. The proposed project generally conforms to the intent and
purpose of the PR Zone District.
b. The proposed project is adequately suited for the specific
site and is compatible with existing and proposed develop-
ment in the area.
C. The proposed project will not be detrimental to the health,
safety and general welfare of the community.
l i
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Palm Desert, California; as follows:
r
1. That the above recitations are true and correct and constitute
the findings of the Commission in this case.
2. That the Planning Commission does hereby approve Case No. DP 11-80
subject to those conditions attached hereto.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 30th day of December, 1980, by the following vote,
to wit:
AYES: BERKEY, KRYDER, RICHARDS, MILLER
NOES: NONE
ABSENT: MCLACHLAN
ABSTAIN: NONE,
L CHARLES MILLER, Chairman
ATTEST:
RAMON A. DI AZ, Secretary
/lr
PLANNING COMMISSION RES TION NO. 665 Page Two
CONDITIONS OF APPROVAL
CASE NO. DP 11-80
Standard Conditions:
1. The development of the property shall conform substantially with Exhibit A
(Case No. DP 11-80) on file with the Department of Environmental Services,
as modified by the following conditions.
2. Prior to the issuance of a building permit for construction of any uses
contemplated by this approval , the applicant shall first complete all the
procedural requirements of the City which include, but are not limited .. to,
Design Review, Subdivision process, and building permit procedures.
3. Construction of the total development may be done in phases.
4. Construction of a portion of said project shall commence within one year
from the date of final approval otherwise said approval shall become null ,
void and of no effect whatsoever.
5. 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.
6. All existing electrical distribution lines, telephone, cable antenna
Television, and similar service wires or cables, which are adjacent to
the property being developed shall be installed underground as a part of
development from the nearest existing pole not on the property being
developed.
7. All requirements of the City Fire Marshal shall be met as part of the
development of this project per attached letter dated December 12, 1980.
8. Construction plans shall be submitted for approval to the City Fire
Marshal prior to issuance of building permits. All conditions shall be
made a part of construction and no certificate of occupancy shall, be Il
issued until complete.
9. Traffic control provisions shall be provided as required by the Director
of Public Works.
10. Curb, gutter, sidewalk or approved pathways, and tie-in paving shall be
provided in conformance with City Standards and/or as required by the
Director of Public Works.
11. Prior to issuance of a building permit for construction of any use
contemplated by this approval , the applicant shall first obtain permits
and/or clearance from the following agencies:
Riverside County Department of Health
Palm Desert Design Review Board Process
City Fire Marshal
Coachella Valley Water District
Evidence of said permit or clearance from the above agencies shall be
presented to the Department of Building and Safety at the time of issuance
of a building permit for the use contemplated herewith.
12. No development shall occur on the subject property prior to the recordation
of a tract map.
Special Conditions
1. Provide decorate block enclosures with gate large enough for two trash bins;
two enclosures to be provided, one near each street entry, to satisfaction
of Staff.
2. All conditions of TT 14998 and 214 MF shall be met.
PLANNING COMMISSION RESOLUTION NO. 665 Page Three
e-4-- rk RIVERSIDE COUNTY
f f FIRE DEPARTMENT
� COUYTY t6U IN COOPERATION WITH THE
\ii_eY� m ✓ _Tj�: CALIFORNIA DEPARTMENT OF FORESTRY
DAVID L. FLAKE
<- COUNTY FIRE WARDEN
- . 210 WEST SAN JA CIN TO STREET
PERRIS, CALIFORNIA 92370
December 12, 1980 TELEPHONE (714) 657-3183
\ �LF
DEC 15 1980
Ramon A. Diaz
Director of Environmental Services ENVIRONMENTAL SERVICES
City of Palm Desert - - - CITY OF PALM DESERT
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Reference: Case No. P 11-80/TT 14998
Gentlemen:
Prior to construction of any of the proposed buildings, the following conditions
must be met:
1 . Install a water system capable of delivering 2500 GPM fire flow for a two (2)
hour duration in addition to domestic or other supply. The computation shall
be based upon a minimum of 20 psi residual operating pressure in the supply
main from which the flow is measured at the time of measurement.
i
2. Install Riverside County super fire hydrants so that no point of any building is
more than 250 feet from a fire hydrant measured along approved vehicular travel
ways.
A. Hydrants shall not be located closer than 25 feet to any building. . _
B. Exterior surfaces of hydrant barrels and heads shall be painted chrome
yellow and the tops and nozzle caps shall be painted green.
C. Curbs (if installed) , shall be painted red 15 feet in either direction from
each hydrant.
3. Prior to issuance of a building permit, the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
Upon approval , one copy will be sent to the Building Department and the original
will be returend to the developer.
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 Case Number DP 11-80/ TT 14998 is in accordance with the
requirements prescribed by the Fire Marshal ."
5. Prior to delivery of combustible materials to the building site, the required
water system shall be installed, operating and delivering the required flow.
PLANNING COMMISSION RESOLUTION NO. 665 Page Four
Ramon Diaz
Dir. of. Environmental 'Serv. 12/12/80
City of Palm 'Desert Page 2.
6. Access gates shall be electronically controlled from emergency vehicles
by an approved system.
Sincerley,
DAVID L. FLAKE
County Fire Warden
( 1
By U j[, V
Eric L. Vogtz`
Fire Marshal
to
cc: J. Zimmerman, CVWD
,! f
1..
{
PLANNING COMMISSION RESOLUTION NO. 666
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY
COUNCIL OF A TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF
22 RESIDENTIAL CONDOMINIUM UNITS ON 5 GROSS ACRES LOCATED
AT THE SOUTHWEST CORNER OF PORTOLA AVENUE AND HOVLEY LANE.
CASE NO. TT 14998 (RENEWAL)
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 30th day of December, 1980, hold a duly noticed public hearing to
consider the request of KAUFMAN AND BROAD HOMES INC. , for approval of a Tentative
Tract Map to allow the construction of a 22 dwelling unit condominium project and
associated recreational amenities on 5 gross acres within the PR-5 zone (Planned
Residential , 5 d.u./acres maximum density) located at the southwest corner of
Portola Avenue-and Hovley Lane, more particularly described as:
622-020-036
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 has previously been assessed in connection with Case Nos. DP 11-79
and TT 14998 (original ) , and no further documentation is deemed necessary.
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 as justified in the staff report for TT 14998
dated December 30, 1980, to exist to recommend approval of the Tentative Tract Map:
1. That the proposed map is consistent with applicable general
and specific plans.
2. That the design or improvement of the proposed subdivision is
( consistent with applicable general and specific plans.
3. That the site is physically suitable for the type of development.
111 4. That the site is physically suitable for the proposed density
of development.
_ That the design of the subdivision or the proposed improvements
are not likely to cause substantial environmental damage or
substantially and avoidably injurefish or wildlife or their
habitat.
6. That the design of the subdivision or the type of improvements
is not likely to cause serious public health problems.
7. 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.
WHEREAS, in the review of this Tentative Tract Map the Planning Commission
has considered the effect of the contemplated action on the housing needs of the
region for purposes of balancing these needs against the public service needs of the
residents of the City of Palm Desert and its environs, with available fiscal and
environmental resources.
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 of the above described
Tentative Map No. 14998 (Renewal ) for the reasons set forth in
this Resolution and subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 666 Page Two
FURTHER BE IT RESOLVED that the recommended conditions of approval do
include a requirement that the applicant pay in-lieu fees to comply with the require-
ments of Article 26.48 of the City of Palm Desert Subdivision Ordinance. In return
it is recommended that the City Council agree to use said fees for park purposes in
conformance with an adopted master plan, within five (5) years of the recordation of
the final map.
PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 30th day of December, 1980, by the following vote,
to wit:
AYES: BERKEY, KRYDER, RICHARDS, MILLER
NOES: NONE
ABSENT: MCLACHLAN
ABSTAIN: NONE .
CHARLES MILLER, Chairman
ATTEST:
RAMON A. DIAZ, Secretary
/lr
t
I
l�
PLANNING COMMISSION RESOLUTION NO. 666 Page Three
STANDARD CONDITIONS OF APPROVAL
CASE NO. TENTATIVE TRACT 14998 (RENEWAL)
1. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to
all the requirements, limitations, and restrictions of all municipal
ordinances and State and Federal statutes now in force, or which here-
after may be in force.
2. Full public improvements including traffic safety lighting as required by
ordinance and the City Engineer shall be installed in accordance with
City standards.
3. Prior to submittal of the Final Map, the applicant shall provide the
Department of Environmental Services with a list of proposed street
names with.at least three alternatives. The approval of the final street
name. shall be made by the Director of Environmental Services.
4. Access rights to Hovley Land and Portola Avenue, (except for one approved
entrance to each street) shall be offered to, the City as a dedication on
the Final Map.
5. The C.C. & R' s for this development shall be submitted to the Director of
Environmental Services for review, and final approval by the City Attorney
prior to the issuance of any building permits. Prior to recordation of
the final subdivision map, the applicant shall submit to the City Engineer:
a. The document to convey title.
b. Covenants and restrictions to be recorded (which have been
approved) .
C. Management and maintenance agreement to be entered into with the
owners of the units of the project (which has been approved).
d. Lots indicated as common shall be retained in undivided interest
granted to each homeowner.
6. Improvement plans for water and sewer systems shall meet the requirements
of the respective service districts.
7. Area shall be annexed to appropriate Improvement Districts having juris-
diction over the subject area.
8. 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.
9. All on-site utilities, including cable TV, shall be placed underground and
shall be completely concealed from view except certain appurtenances as
may be approved by the Director of Environmental Services.
10. Complete plans and specifications shall be submitted as required by Ordi-
nance to the City Engineer for checking and approval before construction
of any improvements is commenced. The subdivider shall submit "as built"
plans prior to acceptance of the subdivision improvements by the City.
11. In order to maintain reasonable fire protection during the construction
period, the subdivider shall maintain passable vehicular access to all
buildings. An adequate number of fire hydrants with required fire flows
( shall be installed as recommended by the Fire Marshal .
L12. 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.
13. All requirements of the City Fire Marshal from his letter of December 12,
1980, shall be met as a part of the development of this tract.
14. The water system 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 of Tract No. 14998 is in accor-
dance with the requirements prescribed by the City Fire Marshal . "
a
i
PLANNING COMMISSION RESOLUTION NO. 666 Page Four
15. Drainage shall be subject to approval of the City Engineer.
Applicant shall provide engineered data as requested.
16. All private streets shall be to City standards and be inspected by
the Engineering Department and a Standard Inspection Fee shall be paid.
17. All requirements of the Planning Commission action on the Development
Plan 11-80 and 214 MF shall be met as a part of the development of
this tract.
18. The total number of lots shall be limited to 22 for condominium x
'unit use,_and other lots for common purposes as deemed necessary.
19. .The applicant shall have twelve (12) months from the date of the
approval or.conditional approval fo 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 .
20. Drainage and Signalization Fund contributions as required by City
Ordinance shall be paid prior to recordation of the Final Map.
21. Developer shall pay in-lieu fees for Park and Recreation purposes to
comply with the requirements of Article 26.48 of the City of Palm
Desert Subdivision Ordinance.
SPECIAL CONDITIONS
1. Provide installation of adjacent right-of-way design as follows:
Hovley Lane - dedication and improvement of 44 ft. half
street. Half street section to contain 32 ft. wide travel
lane, and 12 ft. public parkway (no sidewalk), with
ornamental landscaping.
Portola Avenue - dedicate. and improve 50 ft. half street. '? [
Street section to contain ultimate 6 ft. (one-half of 12
ft. ) raised center median, 32 ft. wide travel lane, and
12 ft. public parkway and 20 ft. public access easement
with an 8 ft. wide meandering pedestrian/bike path, orna-
mental landscaping.
2. The grade of Hovley Lane shall be reestablished as directed and approved
by the Director of Public Works. All improvement plans shall be based
on that new grade.
3. Safety street lighting shall be installed at each tract entrance on
Hovley Lane and Portola Avenue.
4. The map shall provide for 50% of the net site area (approx. 1.96 acres)
to be held in common for open space purposes, this may be accoplished
by means of an easement.
5. Drainage facilities shall be provided per Ordinance No. 218 and
Master Drainage Plan to specifications of Public Works Director.
PLANNING COMMISSION RESOLUTION NO. 666 Page Five
" IT\ RIVERSIDE COUNTY
?$, FIRE DEPARTMENT
P�f{ ? t'OLN%'}' q4a'{ {yam IN COOPERATION WITH THE
�Li? fJ i" J CALIFORNIA DEPARTMENT OF FORESTRY
RlVFRSIDH DAVID L. FLAKE "
�'--� COUNTY FIRE WARDEN 210 WEST SAN JACINTO STREET
PERRIS, CALIFORNIA 92370
December 12, 1980 TELEPHONE (714) 657-3183
DEC 15 1980
Ramon A. Diaz
Director of Environmental Services ENVIRONMENTAL SERVICES
City of Palm Desert CITY OF PALM DESERT
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Reference: Case No. P 11-80/TT 44998
Gentlemen:
Prior to construction of any of the proposed buildings, the following conditions
must be met:
1 . Install a water system capable of delivering 2500 GPM fire flow for a two (2)
hour duration i.n addition to domestic or other supply. The computation shall
be based upon a minimum of 20 psi residual operating pressure in the supply
main from which the flow is measured at the time of measurement.
2. Install Riverside County super fire hydrants so that no point of any building is � !
f more than 250 feet from a fire hydrant measured along approved vehicular travel
ways. i
A. Hydrants shall not be located closer than 25 feet to any building.
B. , Exterior surfaces of hydrant barrels and heads shall be painted chrome 3 '
yellow and the tops and nozzle caps shall be painted green.
C. Curbs (if installed) , shall be painted red 15 feet in either direction from
each hydrant.
3. Prior to issuance of a building permit, the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
Upon approval , one copy will be sent to the Building Department and the original
will be returend to the developer.
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 Case Number DP 11-80/ TT 14998 is in accordance with the
requirements prescribed by the Fire Marshal ."
5. Prior to delivery of combustible materials to the building site, the required
water system shall be installed, operating and delivering the required flow.
I
i
I
i
PLANNING COMMISSION RESOLUTION NO. 666 Page Six
Ramon Diaz
Dir. of Environmental_ Serv. 12/12/80
City of Palm Desert Page 2.
6. Access gates shall be electronically controlled from emergency vehicles
by an approved system.
Sincerley,
DAVID L. FLAKE
County Fire Warden
Eric L. Vog
Fire Marsha
to
cc: J. Zimmerman, CVWD
,r
CITY OF PALM DESERT
STAFF REPORT
To: Planning Commission
Report on: Residential Development Plan and Tentative Tract Map.
Applicant(s): Kaufman anUxoad Homes, Inc. Wallach and Assoc. , Inc.
18902 Bards Way 74-075 El Paseo #A-7
Irvine, CA 92715 Palm Desert, CA 92260
Case No(s) : DP 11-80 a d TT 14998 Renewal )
Date: December 30, 1980
I. REQUEST:
Approval of a Development Plan and a Tentative Tract Map to allow the
construction of a 22 dwelling unit condominium project and associated
recreational amenities on 5 gross acres within the PR-5 zone (Planned
Residential , 5 d.u./acres maximum density) located at the southwest
corner of Portola Avenue and Hovley Lane.
LOCATIONAL MAP:
O
TT 14998
_D P.11-80,
.............
II. j�
`
II. BACKGROUND:
A. ADJACENT ZONING/LAND USE:
North: PR-5 / Residential under construction.
South: PR-5 / vacant
East: OS / vacant
West: PR-5 / vacant
B. GENERAL PLAN LAND USE DESIGNATION:
Medium Density Residential 5-7 du/acre
C. ENVIRONMENTAL ASSESSMENT:
The proposed project has been previously assessed in connection with Case
Nos DP 11-79 and TT 14998 (Original ) , and no further documentation is
deemed necessary by the Director.
D. PREVIOUS PERTINENT CASES:
DP 11-79, T & D CAL INVESTMENTS - Development Plan for 22 condominium units
approved by Planning Commission on October 17, 1979, by adoption of Resolu-
tion No. 537 approval expired October 18, 1980.
TT 14998, T & D CAL. INVESTMENTS - Tentative Tract for 28 lots (22 residential
lots) approved by City Council on November 8, 1979, by adoption of Resolution
No. 79-134. Approval expired November 9, 1980.
214 MF, KAUFMAN AND BROAD - preliminary. and final working drawings have been
approved by Design Review Board and Planning Commission. Approval expires
on August 6, 1981 .
STAFF REPORT
CASE NOS DP 11-80 and TT 14998 (Renewal )
December 30, 1980 Page 2
III . DISCUSSION:
A. GENERAL
This project was previously approved as noted above in 1979. The Development
Plan and Tentative Tract approval expired in October and November of this
year, respectively, without implementing on the project. Therefore, they have
refiled for approval of the same project. The applicants have gone through
the Design Review Board with preliminary and final working drawings. The ORB
approval is valid until August 6, 1981 .
The plans (site plan, elevations, and Tentative Tract Map) submitted reflect
the approval of the ORB and is somewhat modified from the original approval
in 1979.
The project consists of 11 single story duplex structures .(22 units) 2 tennis
courts, and one pool and jacuzzi . Access is provided through one driveway on
Portola Avenue and one dirveway on Hovley Lane.
Previous concerns pertaining to Blowsand protection, perimeter treatment, and
plan design have been addressed by the ORB approval . A new concern not ade-
quately reviewed is that of trash pick-up. A representative of the trash
company states that due to circulation design they will not be able to pick
up trash individually from each unit. Therefore, a trash enclosure (2 bin
capacity) must be provided in close proximity to each driveway entry.
B. TENTATIVE TRACT MAP
The Tentative Tract Map provides for thirty-two (32) lots (22 condominium
lots and 10 lots for common areas).
Specific findings and justification must be made in order to recommend approval
of a tentative tract map to the City Council . Those findings are as follows:
I . That the proposed map is consistent with applicable
general and specific plans.
2. That the design or improvement of the proposed subdivision
is consistent with applicable general and specific plans.
3. That the site is physically suitable for the type of devel-
opment.
4. That the site is physically suitable for the proposed
density of development.
5. That the design of the subdivision or the proposed improve-
ments are not likely to cause substantial environmental
damage or substantially and aviodably injure fish or wild-
1 ife or their habitat.
6. That the design of the subdivision or the type of improvements
is not likely to cause serious public health problems.
7. 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 pro-
posed subdivision.
The justification in support of those findings are as follows:
1 . The adopted General Plan indicates 5-7 du/acres and the pro-
posed density of 4.63 du/acre is below the maximum density.
2. Hovley Lane, Portola Avenue will be improved and drainage
facilities will be provided in conformance with the adopted
General Plan and Master Drainage Plans. The proposed resi-
dential development is consistent with the adopted General Plan.
STAFF REPORT
CASE NOS DP 11-80 and TT 14998 (Renewal )
December 30, 1980 Page 3
3,4. The site is of sufficient size, shape and topography for the
proposed type and density of development.
5,6. The design of the subdivision is not likely to cause substantial
environmental damage or serious public health problems because it
will be developed in concert with applicable local , state and
federal regulations.
7. There have been no easements acquired by the public at large
for access through or use of property within the proposed sub-
division.
Based on the justification there appears to be sufficient grounds for
approval .
IV. '. STAFF RECOMMENDATION:
Based on justification in staff report and draft Resolution:
Approve Development Plan and recommend approval of Tentative Tract Map to
City Council by adoption of Planning Commission Resolution Nos
and respectively, subject to conditions.
r1ATEq
ESTABLISHED IN 1918 AS A PUBLIC A ,CY
�/STRICj
COACHELLA VALLEY WATER DISTRICT
POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (714) 398-2651
DIRECTORS OFFICERS
RAYMOND R.RUMMONDS,PRESIDENT LOWELL O.WEEKS,GENERAL MANAGER—CHIEF ENGINEER
TELLIS CODEKAS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY
C.J.FROST DENNIS M.HACKETT,AUDITOR
PAUL W.NICHOLS December 22, 1980 REDWINE AND SHERRILL,ATTORNEYS
STEVE D.BUXTON
File: 0163. 11
0421 .1
'1l y 0721 .1
b WI�r`;'� FM -11;tCL
Department of Environmental Services DEC 2 3 1980
City of Palm Desert
P. 0. Box 1977 fNVIRONIMENTAL. SERv!CES
Palm Desert, California 92261 CITY GF PA%Uj DESERT
Gentlemen:
Re: Tract 14,998, Case No. DP 11-80
NEB, Sec. 8, T5S, R6E, S.B.M.
This area is protected from stormwater flows by Whitewater River Stormwater
Channel , and may be considered safe from stormwater flows except in rare
instances.
This area is designated Zone C on Federal Flood Insurance rate maps which
are in effect at this time.
The District will furnish domestic water and sanitation service to this area
in accordance with the current regulations of this District.
This area shall be annexed to Improvement District Nos. 16 and 70 of
Coachella Valley Water District for domestic water service.
This area shall be annexed to Improvement District Nos. 53 and 80 of
Coachella Valley Water District for sanitation service.
Very truly yours,
A i
v w
Lowell 0. Week
General Manage r-Chief�Engineer
CS:dlg
cc: Riverside County
Department of Public Health
46-209 Oasis Street
Indio, California 92201
Attention: Don Park
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O 1--�T75 7h1 21DCD=(=0 l4D
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL
CASE NO: DP 11-80 and TT 14998 (RENEWAL)
PROJECT: DEVELOPMENT PLAN AND TENTATIVE TRACT MAP
APPLICANT: KAUFMAN & BROAD I
Enclosed please find materials describing a project for which the following
is being requested:
Approval of a Development Plan and a 28 lot Tentative Tract Map (previous
approval has expired) , to allow construction of 22 condominium units and
associated recreational amenities on 4 acres (net) within the P.R.-5 zone
(Planned Residential , 5 du./acres maximum density) located at the south-
west corner of Portola Avenue and Hovley Lane, more particularly described
as APN 622-020-036.
The attached data was prepared by the applicant and is being forwarded to you
for comments and recommended Conditions of Approval . The City is interested-
in the probable impacts on the natural environment (e.g. water and air pollution)
and on public resources (e.g. demand for schools, hospitals, parks, power gener-
ation, sewage treatment, etc. ) .
Your comments and recommended conditions of approval must be received by this
office 'prior to 5:00 p.m. December 1 , 1980, in order to be discussed by
: Yss; %,..the Land Division Committee at their meeting of December 24 , 1980 .
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 informa-
tion received by this office after the receipt deadline will not be discussed
by the Land Division Committee nor will it be forwarded to the Planning Commission
for consideration.
Sinc y,
Ramon A. Die 1 Cj :'_
Director of Environmer ;
Services PLEASE RETURN MAP WITH COMMENTS
INTEROFFICE MEMORANDUM
City of Palm Desert M2(79al i
TO: Director of Environmental Services DEC 181980
FROM: Director of Public Works ENVIRONMENTAL SERVICES
C ry, PF PALM DESERT
SUBJECT: DP 11-80 AND TT 14998 (RENEWAL) DATE: December 18, 1930
(1 ) This department has no requirements as this is a request for a time extension
on a previously approved tentative map.
BARRY McCLELLAN
DIRECTOR OF PUBLIC WORKS
BM/ms
f
0
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
December 3, 1980
Kaufman & Broad Homes, Inc.
18902 Bardeen Way
Irvine, Calif. 92715
RE: TT 14998, DP 11-80
TO THE APPLICANT:
The Department of Environmental Services, Planning Division, has received
materials filed on your behalf and assigned the referenced case number(s) .
Your application(s) will now be reviewed for completeness, and unless you
are sent a notice to the contrary, the application(s) will be found
complete and formally accepted following the close of a thirty (30) day
period from the file date.
If for any reason the referenced case(s) are found to be incomplete in the
required material or information to be submitted with an application, you
will be contacted by letter and advised how you may complete the application
submittal . _
Sin y, .
RAMON A. DIAZ
DIRECTOR OF ENVIRONMENT
SERVICES
RAD/pa
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL
CASE NO: DP 11-Ftn and TT14998 (RENEWAL)
PROJECT: DEVELOPMENT PLAN AND TENTATIVE TRACT MAP
APPLICANT: KAUFMAN & BROAD
Enclosed please find materials describing a project for which the following
is being requested:
Approval of a Develo ment Plan and a 28 lot Tentative Tract Map (previous
approval has expired�, to allow construction of 22 condominium units and
associated recreational amenities on 4 acres (net) within the P.R.-5 zone
(Planned Residential , 5 du./acres maximum density) located at the south-
west corner of Portola Avenue and Hovley Lane, more particularly described
as APN 622-020-036.
The attached data was prepared by the applicant and is being forwarded to you
for comments and recommended Conditions of Approval . The City is interested--
in the probable impacts on the natural environment (e.g. water and air pollution)
and on public resources .(e.g. demand for schools, hospitals, parks, power gener-
ation, sewage treatment, etc. ) .
Your comments and recommended conditions of approval must be received by this
office prior to 5:00 P-M- Dprpmhpr lq , 1980, in order to be discussed by
-;.the Land Division Committee at their meeting of December 24 1980
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 informa-
tion received by this office after the receipt deadline will not be discussed
by the Land Division Committee nor will it be forwarded to the Planning Commission
for consideration.
Sincerny,
Ramon A. iaz
Director of Environniet�
Services PLEASE RETURN MAP WITH COMMENTS
4 I ,� n Q�
45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260
Y O� MZ✓ZS ***TENTAP VE�$LDD, ,PION hIAP**'
DEPARTMENT OF ENVIRONMENTAL SERVICES y ' D
PLANNING DIVISION
Jr G � 1. ic,iti)
KAUFMAN & BROAD HOMES INCORPORATED CJ7Y OF pgLMLM DESERT
Applicant (please print)
18902 Bardeen Way (714) 759-8800
Mailing;.actress Telephone
Irvine, California 92715
City State Zip-Code
REQUEST: (Describe specific nature of approval requested)
APPROVAL OF TENTATIVE TRACT MAP NUMBER 14998
k- t S••
CS, PROPERTY DESCRIPTION:
THE PROPERTY IS BOUNDED ON THE NORTH BY HOVELY LANE , ON THE
EAST BY PORTOLA AVENUE AND ON THE WEST AND SOUTH BY VACANT LAND.
ASSESSOR'S PARCEL NO. 622-020-036-1
EXISTING ZONING P.R. - 5
Property Owner Authorization THE UNDERSIGNED STATES THAT THEY ARE THE OWNER(S)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR-
IZATION FOR THE
/FILI JG VFPPLICATION.
November 26, 1980 DATE
AGREEMENT ABSOLVING THE LITY CFBALM SERT CF ALL LIA PILITIES ATIVE TO ANY DEED RESTRICTIONS.
I DO BY MY SIGNATU.y�/E OfJ/THI$ AGREEt N):1 OLVE THE CITY OF PALM DESERT OF ALL LIABILITIES REGAROING ANY DEED RES-
G. ICTIONS MAY BE APPLICABLE TO THE PHO PERTY DESCRIBED MEH EIN.
2�' k
`I URE DATE
Applicants Signature /
`�_ SIGN4TDRE DATE
(FOR STAFF USE CNLY) ENVIRONMENTAL STATUS ACCEPTED BY
❑ MINISTERIAL ACT E.A. No.
❑ CATEGORICAL EXEMPTION _ CASE NO. T�����
❑ NEGATIVE DECLARATION
❑ OTHER REFERENCE CASE ti0
CERTIFIED PROPERTY OWNERS' LIST
AFFIDAVIT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM DESERT )
I, Edward M. Yeager 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
C_
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) /�
(date) /.9b'O
MARIA/ALEXANDER ADAMEK
P. 0. Box 1564
Palm Desert, Ca. 92260
IRA L. REED
C/O SECURITY PACIFIC NAT'L BANK
P. O. Box 60902
Terminal Annex
Los Angeles, Ca. 90060
McLAIN WESTERN NO. 2
1.470 Jamboree Road
Newport Beach, Ca. 92660
c22 1981
ENVIRONMENTAL SERVIOEg
KENT LAND COMPANY CITY OF-PALhi DESERT
18902 Bardeen Way
Irvine, Ca. 92715
WAGNER-STANFORD CONSULTANTS
74-075 E1 Paseo - Suite A-7
Palm Desert, Ca. 92260
BALLEW/ARBUCKLE/MARTIN
74-075 E1 Paseo - .Suite A-7
Palm Desert, Ca. 92260
11
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