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Home My WebLink AboutTT 15634 PARK VIEW DRIVE/51 CONDOS 1980 FILE 2 CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on : Tentative Tract Map Applicant: San Clemente Group Development Corp. , 647 Camino de los Mares, Suite 200, San Clemente, CA 92672 Case No: TT 15634 Date: January 3, 1980 I . REQUEST: Request for approval of a Tentative Tract Map for 9 lots to allow construction of 51 condominium units on approximately 10.5 acres within the PR-7, S.P. (Planned Residential , 7 d.u./ac. , Scenic Preservation Overlay) zone generally l.ocated. on the south side of Parkview Drive, west of'Fairhaven Drive. LOCATIONAL MAP: RANCHO MIRAGE dTY LIMB y IA - FALLS PIT u.T L,.; c S.P. Pao 4� P.R.-7• S.P <' r PARK C-1 � 'I I r+rt II 2 I P. :7,S. i II + (4) S.P. S.P. --� CDLLII S. ;I 44_1.N .A.V E N U E =4r - 1'� R- m v (4).S.P. I � ...� ., o II . BACKGROUND: A. ADJACENT ZONING: North: City of Rancho Mirage South: PR-7, S.P. East: PR-7, S.P. ; R-2(7) , S.P. ; R-1 12,000 West: PR-7, S.P. B. GENERAL PLAN LAND USE DESIGNATION (C.O.D. SPECIFIC PLAN) : Medium Density Residential , 7-12 s.u./ac. , Lot Consolidation. C. ENVIRONMENTAL ASSESSMENT: The proposed project has been previously assessed in connection with Case No. DP 13-79, and no further documentation is deemed necessary by the Director. D. PREVIOUS PERTINENT CASES: DP 13-79, San Clemente Group Development Corp. ; Development Plan for the subject site, approved by Planning Commission Resolution No. 544, October 30, 1979 y STAFF REPORT - January 3, 1980 Page -2- II . BACKGROUND: (Continued) E. PERIMETER STREET IMPROVEMENTS: Dedication/Improvements to satisfy the following requirements ; - 33 ft. half street on Fairhaven Drive. - 44 ft. half street on Parkview Drive. F. LOT DESCRIPTION: Lots 1 to 7 contain condominium units and buffer areas; Lots A and B define the interior private streets. III . DISCUSSION: The subject Tentative Map seeks to implement the recently approved conceptual Development Plan for the site. Normally a Tentative Map is considered pre- mature until Design Review is resolved. In this instance, the Map does not propose individual unit lots, so it is somewhat less complicated, but the Map may have to be adjusted to agree with any final action on the site plan. IV. STAFF RECOMMENDATION: Based on the justification contained in the draft Resolution : Recommend approval to the City Council of Tentative Tract Map No. 15634, by adopting Planning Commission Resolution No. 560 , subject to conditions. •aJalz! i1 45-275 PRICKLY PEAR LANE,PALM DESERT,CAUFORNIA92290 L(�' :U.69tt'Ss' , TELEPHONE(714) 349-0911 rAj 1° E1 .'1 ' P. D. G gregation J6hcva' 7;-800 A enue 44 31goo Palm Des t, GA 9Z260 r G�'ftfXr off I� , =cD=D21 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 25, 1980 s �J 10S AW CITY OF LEGAL P ALM DESERT NOTICE ��J` o�Q�� REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP FOR 9 LOTS TO ALLOW CONSTRUCTION OF 51 CONDO- MINIUM UNITS ON APPROXIMATELY 10.5 ACRES LOCATED ON THE SOUTH SIDE OF PARKVIEW DRIVE, WEST OF FAIRHAVEN DRIVE. CASE NO. TT 15634 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by SAN CLEMENTE GROUP DEVELOPMENT CORP. for approval of a Tentative Tract Map for 9 lots to allow construction of 51 condominium units on approximately ,10.5 acres within the PR-7, S.P. (Planned Residential , 7 d.u./ac. , Scenic Preservation Overlay) zone generally located on the south side of Parkview Drive, west of Fairhaven Drive, more particularly described as : APN 621-320-001 APN 621-320-004 APN 621-320-002 APN 621-320-005 APN 621-320-003 11 u s RANCHO MIRAGE CITY LJMR , CiA - FALLS - — � ' ®I= �i ITT OF PAYS DEnRT City Ling P.R.-7, S.P. re ' - -•-_--• _. '—_ �(/TTi�� P.R.-7, C S.P JVP 1 L rtrt 20001 ' PC CO L-L f4),S.P. P. F44 tft AVENUE fll:=T.��-�(�j�`7®}�/"\��'j{ SAID Public Hearing will be held on February 14, 1980, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Approval of this request will allow the construction of a 51 unit residential complex as a condominium project. SHEILA R. GILLIGAN, City Clerk City of Palm Desert PUBLISH: Palm Desert Post January 31, 1980 -. .f. ,� _ s �� "t 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 25, 1980 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP FOR 9 LOTS TO ALLOW CONSTRUCTION OF 51 CONDO- MINIUM UNITS ON APPROXIMATELY 10.5 ACRES LOCATED ON THE SOUTH SIDE OF PARKVIEW DRIVE, WEST OF FAIRHAVEN DRIVE. CASE NO. TT 15634 NOTICE IS HEREBY GIVEN that a Public .Hearing will be held before the Palm Desert City Council to consider a request by SAN CLEMENTE GROUP DEVELOPMENT CORP. for approval of a Tentative Tract Map for 9 lots to allow construction of 51 condominium units on approximately 10.5 acres within the PR-7, S.P. (Planned Residential , 7 d.u./ac. , Scenic Preservation Overlay) zone generally located on the south side of Parkview Drive, west of Fairhaven Drive, more particularly described as : APN 621-320-001 APN 621-320-004 APN 621-320-002 APN 621-320-005 APN 621-320-003 GII {,4II c RANCHO MIRAGE CITY LIMIT �iA — FALLS - — 951= / I ITT OF Pcl(M D FIT 4iry l,m� • P.R.-7, S.P. ra G P.R.-7, C <i S.P .) C-I y�L �I . / rtTt I I R.1 . I , --E--4), co Ll P.C. S.P. -��-` S. —Iff `F441N AVENUE —4 C. 1 (4p). :f'. i�illll SAID Public Hearing will be held on February 14, 1980, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Approval of this request will allow the construction of a 51 unit residential complex as a condominium project. SHEILA R. GILLIGAN, City Clerk City of Palm Desert PUBLISH: Palm Desert Post January 31, 1980 CITY OF PALM DESERT, CALIFORNIA Y ' TREASURER'S RECEIPT 3226 Received of: m Date w _ _ f For �]` / 3 Account No. Amount 0 02 d w m N w Receive ITY TREASURER w U Total ] b 702 r w U �ouNry ESTABLISHED IN 1918 AS A PUBLIC AGENCY ��S TRL�S COACHELLA VALLEY COUNTY WATER DISTRICT POST OFFICE BOX 7058 • 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 REDWINE AND SHERRILL,ATTORNEYS STEVE D.BUXTON December 19, 1979 File: 0163. 11 o421 . 1 0721 . 1 Dept. of Environmental Services p6 � o SEMI City of Palm Desert oL.L.I�Rot4tav W O P. 0. Box 1977 CT" OF Palm Desert, California 92260 Subject: Tract 15634, SE4, Sec. 18, T5S, RISE, SBM Gentlemen: This area is protected from stormwater flows by a system of channels and dikes . This area may be considered safe from stormwater flows except in rare instances. The District will furnish domestic water and sanitation to said area in accor- dance with the currently prevailing regulations of this District. This area shall be annexed to Improvement District Nos. 54 & 80 of the Coachella Valley County Water District for sanitation service. Very tr you s, Lowe 1 0. ee s General Manag r-Chie Engineer DBP: ra cc: Riverside County Department of Public Health, Indio 0 ENGINEERING SERVICE CORPORATION age@ CONSULTANTS IN CIVIL ENGINEERING&LAND PLANNING December 19, 1979 City of Palm Desert Re: Tract 15634 - WaterWorks 45-275 Prickly Pear Lane Our W.O. No. 2111-1 p� Palm Desert, California 92260 Attn: Mr. Crump, Planning Dept. We are fg`ffffff#3ff# DELIVERING E C E I V I — herewith under separate cover DEC 2 0 1979 ENVIRONMEN"IAL SERVICES twenty (20) revised Tentative Map 15634. CITY OF PALM DESERT in compliance with your request for execution and return (retain last copy) for your information R for approval Remarks: By: Robert R. Sims, P.E. Vice President 4676 ADMIRALTY WAY, SUITE 933 • MARINA DEL REY, CALIFORNIA 90291 TELEPHONE 213/822-4040 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE January 4, 1980 APPLICANT San Clemente Group Dev. Corp. 647 Camino de los Mares, Ste. 200 San Clemente, CA 92672 CASE NO: TT 15634 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at is meeting of January 3, 1980 CONTINUED TO DENIED BY PLANNING COMMISSION RESOLUTION NO. X APPROVED BY PLANNING COMMISSION RESOLUTION NO. 560 PLACED ON THE AGENDA OF THE CITY COUNCIL OF February 14, 1980 FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. PAUL A. WILLIAMS, SECRETARY PALM DESERT PLANNING COMMISSION cc: Applicant C.V.C.W.D. File PLANNING COMMISSION RESOLUTION NO. 560 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 51 CONDOMINIUM UNITS ON APPROXIMATELY 10. 5 ACRES LOCATED ON THE SOUTH SIDE OF PARKVIEW DRIVE WEST OF FAIRHAVEN DRIVE. CASE NO. TT 15634 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of January, 1980, hold a duly noticed Public Hearing, to consider the request by SAN CLEMENTE GROUP DEVELOPMENT CORP, for approval of a Tentative Tract Map for 9 lots to allow construc- tion of 51 condominium units on approximately 10.5 acres within the PR-7, S.P. (Planned Residential , 7 d.u./ac. , Scenic Preservation Overlay) zone generally located on the south side of Parkview Drive, west of Fairhaven Drive, more particularly described as: APN 621-320-001 APN 621-320-004 APN 621-320-002 APN 621-320-005 APN 621-320-003 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32" , in that the subject project has been previously assessed under DP 13-79 and no further evaluation 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 to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 15634 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, it is recommended that the City Council agree to use said fees for park purposes. in conformance with an adopted master plan, with- in five (5) years of the recordation of the final map. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm PLANNING COMMISSIC .tESOLUTION NO. 560 Page -2- Desert Planning Commission, held on this 3rd day of January, 1980, by the following vote, to wit: AYES: Berkey, Miller, Snyder NOES: None ABSENT: Kryder ABSTAIN: None 111 WALTER SNYDER, Chairman ATTEST: PAUL A. WILLIAMS, Secretary /lr l PLANNING COMMISSION OLUTION NO. 560 Page -3- STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15634 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force,. or which hereafter may be in force. 2. 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 Parkview Drive (except for one approved project entrance) and access rights to Fairhaven Drive (except for one approved emergency access) 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 re- cordation 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). 6. Improvement plans for water and sewer systems shall meet the require- ments of the respective service districts. 7. Area shall be annexed to appropriate Improvement Districts having jurisdiction 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 Ordinance to the City Engineer for checking and approval before con- struction 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. As 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 orignal and three (3) copies of the water system plan to the Fire Marshal for review. 13. All requirements of the City Fire Marshall from his letter of October 12, 1979, (attached to Planning Commission Resolution No. 544) , 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. 15634 is in accordance with the requirements prescribed by the City Fire Marshal . " PLANNING COMMISSION f )LUTION NO. 560 Page -4- 15. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 16. All private streets shall 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 13-79 shall be met as a part of the development of this tract. 18. The total number of lots shall be limited to 7 for units, recreation/open space, and buffer purposes; and, 2 lots for private street definition. 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 made prior to recordation of the Final Map. 21. Developer shall pay a fee in lieu thereof as a condition of the Final Map, for park and recreation purposes. The City shall . commit the use of any such fees received. within a five year period. SPECIAL CONDITIONS 1. Subdivider shall contribute an amount equal to $1,500 per gross acre as a fee paid into the Drainage Fund of the City of Palm Desert. 2. Subdivider shall contribute an amount equal to $50.00 per dwelling unit for a total fee of $2,550 (based on 51 units) , into the Signalization Fund of the City of Palm Desert. 3. Subdivider shall dedicate and fully improve adjacent public right of ways as required and approved by the Director of Public Works, in accordance with the following: Parkview Drive - 44 feet wide half street. Fairhaven Drive - 33 feet wide half street. 4. Subdivider shall install Safety Street Lighting at the Tract entrance to Parkview Drive as required by the Director of Public Works and approved through the Design Review process. 5. The Tract shall be completely bounded by a minimum 6 foot high solid masonary wall , except for an approved tract entrance to Parkview Drive and emergency access gate to Fairhaven Drive. 6. A temporary turn-around area shall be provided at the ends of the private interior streets if the Tract is phased. 7. All perimeter improvements including boundary wall , parkway lands- caping, and public right of way improvements shall be completed in the first phase of development. 8. Additional right-of-way improvements in Parkview Drive shall be provided to improve local drainage conditions as required by th L Director of Public Works. PLANNING COMMISSION -SOLUTION NO. 560' Page -5- SPECIAL CONDITIONS (continued) 9. The Tract shall be designed to retain a minimum 10 year storm intensity on-site, before storm waters are allowed to drain into ( public right-of-ways. This feature shall be engineered and re- flected in the plans submitted through the Design Review process. t AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department ( of Environmental Services. 1- - Date Applicant's Signature RESOLUTION NO. 80-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF 51 CONDOMINIUM UNITS ON APPROXIMATELY 10.5 ACRES LOCATED ON THE SOUTH SIDE OF PARKVIEW DRIVE WEST OF FAIRHAVEN DRIVE. CASE NO. TT 15634 WHEREAS, the City Council of the City of Palm Desert, California, did -on the 14th day of February, 1980, hold a duly noticed Public Hearing to consider the request by SAN CLEMENTE GROUP DEVELOPMENT CORP. for approval of a Tentative Tract Map for 9 lots to allow construction of 51 condominium units on approximately 10.5 acres within the PR-7, S.P. (Planned Residential , 7 d.u./ac. , Scenic Preservation Overlay) zone, generally located on the south side of Parkview Drive, west of Fairhaven Drive, more particularly described as: APN 621-320-001 APN 621-320-004 APN 621-320-002 APN 621-320-005 APN 621-320-003 WHEREAS, the Planning Commission, by Resolution No. 560, has recommended approval subject to conditions; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32" , in that the subject project has been previously assessed under DP 13-79 and no further evaluation 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 recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act, as amended... 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of develop- ment proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve the above described Tentative Map No. TT 15634 for the reasons set forth in this Resolu- tion and subject to the attached conditions. l 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 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 RESOLUTION NO. 80-' Page -2- Desert City Council , held on this 14th day of February, 1980, by the following vote, to wit: AYES: Brush, McPherson, Newbrander, Wilson & Mullins NOES: None ABSENT: None ABSTAIN: None DWARD D. MULLINS, Mayor ATTEST: SHEILA R. GILL GAN, City , rk City of Palm Desert, Cali ornia f RESOLUTION NO. 80-12 Page -3- STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15634 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 2. 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 Depart- ment 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 Parkview Drive (except for one approved project entrance) and access rights to Fairhaven Drive (except for one approved emergency access) 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) . 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 jurisdic- tion 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 Ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the City. 11. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all build- ings. An adequate number of fire hydrants with required fire flows shall be installed as recommended by the Fire Marshal . 1 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. J 13. All requirements of the City Fire Marshal from his letter of October 12, 1979, (attached to Planning Commission Resolution No. 544) , 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. 15634 is in accordance with the requirements prescribed by the City Fire Marshal . " L RESOLUTION NO. 30-I2 Page -4- 15. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 16. All private streets shall 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 13-79 shall be met as a part of the development of this tract. 18. The total number of lots shall be limited to 7 for units, recreation/open space, and buffer purposes; and, 2 lots for private street definition. 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 made prior to recordation of the Final Map. 21. Developer shall pay a fee, as a condition of the Final Map, for park and recreation purposes. The City shall commit the use of any such fees received within a five year period. SPECIAL CONDITIONS 1. Subdivider shall contribute an amount equal to $1 ,500 per gross acre as a fee paid into the Drainage Fund of the City of Palm Desert. 2. Subdivider shall contribute an amount equal to $50.00 per dwelling unit for a total fee of $2,550 (based on 51 units) , into the Signalization Fund of the City of Palm Desert. 3. Subdivider shall dedicate and fully improve adjacent public right-of-ways as required and approved by the Director of Public Works , in accordance with the following: Parkview Drive - 44 feet wide half street. Fairhaven Drive - 33 feet wide half street. 4. Subdivider shall install Safety Street Lighting at the Tract entrance to Parkview Drive as required by the Director of Public Works and approved through the Design Review process. 5. The Tract shall be completely bounded by a minimum 6 foot high solid masonary wall , except for an approved tract entrance to Parkview Drive and emergency access gate to Fairhaven Drive. 6. A temporary turn-around area shall be provided at the ends of the private interior streets if the Tract is phased. 7. All perimeter improvements including boundary wall , parkway landscaping , and public right-of-way improvements shall be completed in the first phase of development. 8. Additional right-of-way improvements in Parkview Drive shall be provided to improve local drainage conditions as required by the Director of Public Works. V 5? RESOLUTION NO. 80-12 Page -5- SPECIAL CONDITIONS (continued) 9. The Tract shall be designed to retain a minimum 10 year storm intensity on-site, before storm waters are allowed to drain into public right-of-ways. This feature shall be engineered and re- flected in the plans submitted throught the Design Review process. AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand 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 43-276 PRICKLY PEAR LANE,PALM DESERT R C CALIFORNIA 92260 1;;q.•�i TELEPHONE(714) 346-0611 r;:;�:, Etdrt rf t 0 P. D. Gongre ation Jehovah 72-800 Avenu 44 Palm Desert, A 92260 621-342_010-5_/0�1-6 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 May 1, 1980 To: All Interested Parties Subject: Street Names for Tract 15634 The City of Palm Desert is currently considering the request for approval of street names for Tract 15634 Please review the attached map and list of names proposed for the subdivision to determine whether they are acceptable or should be modified. All comments should be returned to the Department of Environmental Services , P.O. Box 1977, Palm .Desert, California 92261, by May 12, 1980. Very truly yours, PAUL A. WILLIAMS, 'AICP Director of Environmental Services PAW/dj cc: Lt. Conroy, Riverside County Sheriffs Department Riverside County Road Dept. , Indio and Riverside Offices Postal Service, Palm Desert Branch Eric Vogt, , Palm Desert Fire Marshal Clyde Beebe, Director of Public Works James Hill , Director of Building and Safety Coachella Valley Water District Southern California Edison Southern California Gas General Telephone Chamber of Commerce File ENGINEERING SERVICE CORPORATION �I CONSULTANTS IN CIVIL ENGINEERING 6 LPNO PLANNING JACK R. NEWVILLE, P.E. CHAIRMAN OF THE BOARD 71.537 HIGHWAY 111 RANCHO MIRAGE. CALIF. 92270 • TELEPHONE (714) 568-5997 ENGIIUEERIBIG SERVICE CORPORATION agog CONSULTANTS IN CIVIL ENGINEERING&LAND PLANNING Paul Williams Re:Street Names - Tr=ct 15634 City of Palm Dessert Our W.O. No. 2111 -2 We are.sending you X herewith under separate cover Suggested street names for "The Waterworks" Tract 15634 2nd choice lst choice; Del Lago Circle West Laguna Circle West Del Lago Circle East Laguna Circle East Del Lago Place ( Entry Street) Laguna Place in compliance with your request — for execution and return (retain last copy] for your information X for approval Remarks: Note; The entry street will have InO1 units facing on it. By: 4676 ADMIRALTY WAY, SUITE 933 • MARINA DEL REY,.CAUFORNIA 90291 • TELEPHONE 213/822-4040 42-200 BOB HOPE DRIVE RANCHO MIRAGE, CALIFORNIA 92270 TELEPHONE 714/568-4766 - .p,. .. t a =ar,.. v ¢� ii {,t. f'Y"� ;`•lY .�,•A '.t"�'S.�.� .v a- v.,3 i'�-s.��: 1 W3C w. .S�•"n• 1z '� v�},� �� of 4 C ,��a.y�..{tx 1�. .t �i a .IS"S' WT„r �} ,�"�unc.�d�`�y < - •` �. i `• � s.. ..,y .•}hS - �Yi{�l'f'n.e.y}. i+.,j.:.'aF'Sf-. Yf$'?�, iti'3i��11 �� '�' . �. `� e•'f93i>3-�max'-r'. ._�' wY".i?°2>'.�"�,_�s«_cT34 .-cr�1` 4; i. i i r^ . Cam[-��` �•� �� . 1 tee •�o : ♦ � �. ili k. _ Off, • � ' PF 4 s. tl. ` � I� �I .a��i� n -:Z*�'k"�,2?I.�as'• �r !��,� y� ICI - ••' �+t7'w ''1 ,. ,."�a>eei.. ,. _ ,(� t well • 8 "r: fr �'b�.+<eo- rasr_m.: ...w.cm�.' •.us:v.�ny.. r.s++..-a-.e.—.�-V...�-++e..- w.a �•n F"�,3�. x=t• '. ,H+^-.-..r ..�y. 4fii'.�3^i�` h'si,""�f`•�*.:.a-.. "-+�.' e '' ............ .'b'�:. _ c.,_'.i.& MINUTES REGULAR CITY COUNCIL MEETING J: J: J: n JC JC n L D6 JC JC JG n VII. PUBLIC HEARINGS (Continued) C. CASE NO. TT 11636 - LEWIS HOMES OF CALIFORNIA (Continued) argue with the request for the extension of time, but would like a condition to assure a more rapid completion of the project. Mrs . Williams stated that Lewis has valid contracts and money is available for completion of :the work. They were proceeding as rapidly as possible, but it was impossible to get the workers up there when they had other commitments . Mr. Johnston stated that he disagreed with Mrs . Williams ' state- ment in that he had lived in his home for 5 years , and he had never received as much water as in July. Councilman Brush stated that Mr. Johnston had said the water coming across that project is heavier now than prior to that development. He stated his disagreement . Secondly, he asked Staff when Phase 1 would be completed and how much of the channel would be completed before Phase 2 and 3 were started. Mr. Williams responded that one major point about Phase 1 is that the majority of water is intended to be piped to Haystack and the channel so it is important to get the remainder of the property graded and Phases 2 and 3 done to get full protection. The channel itself is required to be completed as a condition of Phase 1. Councilman Wilson asked what was in the time extension approval that would asure completion of the drainage channel since it was assured of completion under Phase 1 . Mr. Beebe stated that it would be completed in Phase 1 , but that the Council could, if they so desired, hold up the bonds . Mayor Pro-Tempore McPherson said that the implication that the developer was dishonest was just simply not true. Mrs . Williams says the contract has been let. She is not dishonest . Mayor Mullins declared the Public Hearing closed. Councilman Wilson stated that since the approval of the Final Maps for Phase 2 and 3 were forthcoming, Council would have another chance to review the progress . He moved to waive further reading and adopt Resolu- tion No. 80-11 and Mayor Pro-Tempore McPherson seconded the motion. Motion carried on a 4-1 vote with Councilman Newbrander voting NO in that she felt the added time restriction should have been included in the motion. D. CASE NO. T 15634 - SAN CLEMENTE GROUP DEVELOPMENT CORP . . APPLICANTS DERATION OF A REQUEST FOR APPROVAL OF A 9 LOT TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF 51 CONDOMINIUM UNITS ON APPROXIMATELY 10. 5 ACRES WITHIN THE PR-7 , S .P . ZONE, LOCATED ON THE SOUTH SIDE OF PARKVIEW DRIVE , WEST OF FAIRHAVEN DRIVE . Mayor Mullins declared the Public Hearing open and asked for Staff ' s report . Mr. Williams reviewed the proposed development plan. He stated that in review of the project , the Planning Commission determined that the map is in conformance and recommended approval by their Resolution No. 560 with several standard conditions and also some special conditions dealing with storm improvements . Staff recommended approval by draft Resolution No. 80-12 with a minor revision to Standard Con- dition No. 21 to require a fee only in lieu of land in that not enough land was involved. February 14, 1980 Page 5 MINUTES REGULAR CITY COUNCIL N-.:TING VII. PUBLIC HEARINGS (Continued) D: CASE NO. TT 15634 - SAN CLEMENTE GROUP DEVELOPMENT (Continued) Mayor Mullins invited input in FAVOR or OPPOSITION to the project and the following was offered. MR. BOB KRAUSE , San Clemente Group, addressed Council stating his company' s concurrence with Mr. Williams ' s report . Mayor Mullins declared the Public Hearing closed. Mayor Pro-Tempore McPherson moved and Councilman Newbrander seconde to waive further reading and adopt Resolution No. 80-12 with Standard Con- dition No. 21 amended. Motion carried unanimously. E. CASE NO. TT 15724 - VICTOR SUN , EVERETT DEVELOPMENT , APPLICANT : CONSIDERATION OF A REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO SUBDIVIDE A PARCEL INTO 8 INDIVIDUAL LOTS AND ONE PRIVATE STREET ON APPROXIMATELY 4. 35 ACRES WITHIN THE S . I. , S .P . (SERVICE INDUSTRIAL, SCENIC PRESERVATION OVERLAY) ZONE GENERALLY LOCATED ON THE NORTH SIDE OF 42ND AVENUE, 600 FEET WEST OF COOK STREET . Mayor Mullins declared the Public Hearing open and asked for Staff' s report . Mr. Williams reported that the conditions of approval by the Planning Commission as part of their Resolution No . 561 point out some concerns relative to the parcel map. Apparently, when the map was recorded, the public street improvement was not done. Conditions are such that either the applicant or present owner improve 42nd up to this point, and Conditions #1 and #2 deal with that issue specifically. The map is in conformance with the subdivision ordinance and zoning ordinance, and Staff recommended approval by draft Resolution No. 80-13 . Mayor Pro-Tempore McPherson remarked that Mr. Gibbs had never done his off-site improvements . Mr. Williams stated that as part of his parcel map , he was allowed to improve the entrance to 42nd Avenue. Mr. Gibbs has also acquired ownership of the second parcel - #4. Dave Erwin pointed out that if he decides to develop on the large portion of it, improvements can be required. If he were to come in for approval of the one parcel remaining, such approval can be prevented pending the off-site improvement completion. Mayor Mullins invited input either in FAVOR of or OPPOSITION to the request. None was offered. He declared the Public Hearing closed. Mayor Pro-Tempore McPherson moved and Councilman Wilson seconded to waive further reading and adopt Resolution No. 80-13. Motion carried unnanimously. MAYOR MULLINS CALLED A 10 MINUTE RECESS AND RECONVENED THE MEETING AT 8 : 20 P.M. VIII . RESOLUTIONS A. RESOLUTION NO. 80-14 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING A PUBLIC L HEARING TO CONSIDER A NAME CHANGE FOR SUN LODGE LANE , BETWEEN EL PASEO AND SHADOW MOUNTAIN DRIVE. Mr. Williams pointed out that the Redevelopment Agency has extended San Pablo to El Paseo , and a great deal of develop- ment has occurred on the west side of Sun Lodge Lane. Since we have two street names , Council asked Staff to look into a way of resolving it. Staff has researched it , and there doesn' t seem to be a major historical reason for keeping the name Sun Lodge Lane. The resolution before Council asked for the setting of a public hearing to consider it . February 14, 1980 - Page 6 MINUTES. PALM DESERT PLANNING COMMISSION JANUARY 3, 1980 Page -2- V1 . PUBLIC HEARINGS (continued) Chairman Snyder closed the Public Hearing. He asked if it would be a eptable to Mr. Lyle if they approve the Variance subject to change the. City Zoning Ordinance. Mr. Lyle again stated that time as of esse e. Com issioner Berkey stated he would like to delay this requ st until the n t meeting for a chance to see another nearby center' lighting J( system. Chairman nyder also requested a line-of-site study for 25 feet high poles. Mr. Lyle greed. Chairman Sny er explained that the Commission approv d a Variance before, and afterwar received a negative response from th public. He further stated that t Commission must be consistent, th refore, suggested a continuance to the m ting of January 16, 1980. The P blic Hearing was reopened. Upon motion made by Commissioner Berkey, seco ed by Commissioner Miller, Case No. VAR 07-79 as continued to the mee ing of January 16, 1980. Carried unanimously ( -0) . B. Case No. TT 14997 - RO-CON DEVELOPM T/T & D INVESTMENTS, Applicants Request for approval of Tentativ Tract Map for 24 lots to allow 20 condominium unit , recr tional area and common open space on approximately .4.5 acre within the PR-5 (Planned Residential , 5 d.u./ac.) zo e, generally located on the south side of Hovley Lane, 2400 fe east of Monterey Avenue. Mr. Crump reviewed the staff epo and stated that the site plan [ has not been evaluated by the Desi Revie Board, but conditions could be added to guarantee the map' s c formance to the final plan approved by the Design Review Board. He re ommended ap roval to the City Council . Commissioner Berkey po ' ted out this re est was premature since it has not been evaluated by th Design Review Boa and the Commission should follow correct proce ures. Chairman Snyder o ned the Public Hearing as 'ng if anyone present wished to speak in FAVO or OPPOSITION to this case. MR. WILLIAM F CH, Wildan & Associates, stated h could not speak for the owner but w Id answer any questions. Commission r Berkey asked if the Commission needed e applicant' s concurrence for continuance? Mr. Crump replied that it wa essential . Mr. Fi h stated he could authorize a continuance and w uld do so. Mr. Crump ad ed that a written concurrence from the applicant w uld be desirable a so. Up n motion made by Commissioner Miller, seconded by Commis ioner Berkey, ase No. TT 14997 was continued to the meeting of February 1980. L Carrie unanimously (3-0) . The Commission indicated that the purpose of this continuance was to all w the applicant to submit plans through the Design Review process. C: Case No. TT 15634 - SAN CLEMENTE GROUP DEVELOPMENT CORP. , Applican Request for approval of a Tentative Tract Map for 9 lots to allow construction of 51 condominium units on approximately 10.5 acres within the PR-7, S. P. (Planned Residential , 7 d.u./ac. , Scenic Preservation Overlay) zone, generally located on the south side of Parkview Drive, west of Fairhaven Drive. MINUTES PALM DESERT PLANNING COMMISSION JANUARY 3, 1980 Page -3- VI . PUBLIC HEARINGS (continued) Mr. Crump presented this case reviewing the staff report and stated that this map does not propose individual unit lots. He reviewed the illustrated map and recommended approval to the City Council . Chairman Snyder opened the Public Hearing asking if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. JACK NEWVILLE, Engineer, 71-537 Highway 111, Rancho Mirage, stated his concurrence with the conditions. Chairman Snyder closed the Public Hearing. Upon motion made by Commissioner Berkey, seconded by Commissioner Miller, Case No. TT 15634 was approved by adoption of Planning Commission Resolution No. 560, as submitted. Carried unanimously (3-0) . D. Case No. TT 15724 - VICTOR SUN, EVERETT DEVELOPMENT, licant Request for approval of a Tentative Tract Map to s divide a parcel into 8 individual lots and one privates eet on approximately 4.35 acres within the S. I. , S.P. ervice ndustrial , Scenic Preservation Overlay) zone generally cated on the north side of 42nd Avenue, 60 feet west of Co k Street. Mr. Crump resented this case illustrating h the parcel would be subdivided. e also stated that some of the oblems related to this request were base on the original Parcel Map. He indicated that the conditions specifi d the terms under which th division would be acceptable and recommended app val . Commissioner Berk asked if the Cit was in a position to enforce improvements on the par 1 map. Mr. Cr p answered that the City is able to enforce public improve nts but oth r improvements would have to be mutually agreed upon betwee the sub viders. Chairman Snyder asked if he pplicant cared to make a presentation. MR. VICTOR SUN, Irvine, Ca ornia, asked staff to clarify the responsi- bilities relative to improveme t o private streets and 42nd Street. Mr. Crump stated that ' was the riginal Parcel Map subdivider's responsibility but the imp ovements wer a prerequisite to implementing this Tentative Tract. Chairman Snyder o ned the Public Heari asking if anyone present wished to speak in FA R or OPPOSITION to thi case. There being none, the Public Hearing w s closed. Upon motion de by Commissioner Miller, seco ed by Commissioner Berkey, Case No. T 15724 was approved by adoption o Planning Commission Resolution No. 1, as submitted. Carried unanimousl (3-0) . E. Case o. CUP 03-75 (Amendment) - PORTOLA DEL SO OWNER'S A OCIATION, A licant equest for approval of an Amendment to a Condition 1 Use Permit to allow construction of two (2) Tennis Court and one Jacuzzi within the common recreation area of Porto Del Sol Condominium Development located on the east side of Portola Avenue, at Catalina Way. CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Approval of a 9 lot Tentative Tract Map to allow construction of 51 condominium units on approximately 10.5 acres within the PR-7, S.P. zone, located on the south side of Parkview Drive, west of Fairhaven Drive. III. APPLICANT: San Clemente Group Development Corp. 647 Camino De. Los Mares, Suite 200 San Clemente, CA 92672 IV. CASE NO: TT 15634 V. CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Resolution No. 80-12. D. Planning Commission Meeting Minutes involving Case TT 15634. i E. Planning Commission Resolution No. 560.' F. Planning Commission Staff Report dated January 3, 1980. G. Related maps and/or exhibits. ------------------------------------------------------------------------------ A. STAFF RECOMMENDATION: Waive further reading and based on the justification contained in the Draft Resolution, adopt Resolution No. 80-12, approving Tentative Tract No. 15634. B. DISCUSSION: The subject Tentative Tract Map seeks to implement the recently approved conceptual Development Plan (DP 13-79) for the site. As reflected in the Planning Commission Minutes of January 3, 1980, there was no audience participation or Commission discussion. This request was, thereafter, approved unanimously. RESOLUTION NO. 80-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF 51 CONDOMINIUM UNITS ON APPROXIMATELY 10.5 ACRES LOCATED ON THE SOUTH SIDE OF PARKVIEW DRIVE WEST OF FAIRHAVEN DRIVE. CASE NO. TT 15634 WHEREAS, the City Council of the City of Palm Desert, California, did on the 14th day of February, 1980, hold a duly noticed Public Hearing to consider the request by SAN CLEMENTE GROUP DEVELOPMENT CORP. for approval of a Tentative Tract Map for 9 lots to allow construction of 51 condominium units on approximately 10.5 acres within the PR-7, S.P. (Planned Residential , 7 d.u./ac. , Scenic Preservation Overlay) zone, generally located on the south side of Parkview Drive, west of, Fairhaven Drive, more particularly described as: APN 621-320-001 APN 621-320-004 APN 621-320-002 APN 621-320-005 APN 621-320-003 WHEREAS, the Planning Commission, by Resolution No. 560, has recommended approval subject to conditions; and , WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the subject project has been previously assessed under DP 13-79 and no further evaluation 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 recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of develop- ment proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve the above described Tentative Map No. TT 15634 for the reasons set forth in this Resolu- tion 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 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 RESOLUTION NO. 80-12 -- Page -2- Desert City Council , held on this 14th day of February, 1980, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: EDWARD D. MULLINS, Mayor l .. ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California i RESOLUTION NO. 80-12 Page -3- STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15634 1. The development of the property described herein shall be subject to the to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 2. 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 Parkview Drive (except for one approved project entrance) and access rights to Fairhaven Drive (except for one approved emergency access) 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 re- cordation 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) . 6. Improvement plans for water and sewer systems shall meet the require- ments of the respective service districts. 7. Area shall be annexed to appropriate Improvement Districts having jurisdiction 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 froO 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 Ordinance to the City Engineer for checking and approval before con- struction 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 orignal and three (3) copies of the water system plan to the Fire Marshal for review. . 13. All requirements of the City Fire Marshall from his letter of October 12, 1979, (attached to Planning Commission Resolution No. 544) , shall be met as a part of the development of this tract. RESOLUTION NO. 80-1- Page -4- 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. 15634 is in accordance with the requirements prescribed by the City Fire Marshal . " 15. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 16. All private streets shall 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 13-79 shall be met as a part of the development of this tract. 18. Thy total number of lots shall be limited to 7 for units, recreation/open space, and buffer purposes; and, 2 lots for private street definition. 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 made prior to recordation of the Final Map. 21. Developer shall dedicate land, pay a fee in lieu thereof, or a combination of both, at the option of the City Council , as a condition of the Final Map, for park and recreation purposes. The City shall commit the use of any such fees received within a five year period. SPECIAL CONDITIONS 1. Subdivider shall contribute an amount equal to $1,500 per gross acre as a fee paid into the Drainage Fund of the City of Palm Desert. 2. Subdivider shall contribute an amount equal to $50.00 per dwelling unit for a total fee of $2,550 (based on 51 units) , into the Signalization Fund of the City of Palm Desert. 3. Subdivider shall dedicate and fully improve adjacent public right of ways as required and approved by the Director of Public Works, in accordance with the following: Parkview Drive - 44 feet wide half street. Fairhaven Drive - 33 feet wide half street. 4. Subdivider shall install Safety Street Lighting at the Tract entrance to Parkview Drive as required by the Director of Public Works and approved through the Design Review process. 5. The Tract shall be completely bounded by a minimum 6 foot high solid masonary wall , except for an approved tract entrance to Parkview Drive and emergency access gate to Fairhaven Drive. 6. A temporary turn-around area shall be provided at the ends of the private interior streets if the Tract is phased. 7. All perimeter improvements including boundary wall , parkway lands- L caping, and public right-of-way improvements shall be completed in the first phase of development. 8. Additional right-of-way improvements in Parkview Drive shall be provided to improve local drainage conditions as required by the Director of Public Works. RESOLUTION NO. 80-1' Page -5- i SPECIAL CONDITIONS (continued) 9. The Tract shall be designed to retain a minimum 10 year storm intensity on-site, before storm waters are allowed to drain into public right-of-ways. This feature shall be engineered and re- flected in the plans submitted throught the Design Review process. AGREE EPT M J 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 MINUTES PALM DESERT PLANNING COMMISSION JANUARY 3, 1980 Page -2- VI . PUBLIC HEARINGS (continued) Chairman Snyder closed the Public He ing. He asked if it would be acceptable to Mr. Lyle if they approve e Variance subject to changing the City Zoning Ordinance. Mr. le again stated that time was of essence. Commissioner Berkey stated he wo Id like to delay this request until the next meeting for a chance to see another nearby center's lighting system. Chairman Snyder also reques d a line-of-site study for 25 feet high poles. . Mr. Lyle agreed. Chairman Snyder explained that the Commission approved a Variance before, and afterward received negative response from .the public. He further stated that the Commis ion must be consistent; therefore, suggested a continuance to the meeting January 16, 1980. T.he Public Hearing was reopened. Upon motion made by ommissioner Berkey, seconded by Commissioner Miller, Case No. VAR 07-79 was continued to the meeting of January 16, 1980. Carried unanimousl (3-0) . B. Case No; TT 997 - PRO-CON DEVELOPMENT/T & D INVESTMENTS, Applicants Request for approval of a Tentative Tract Map for 24 lots to allow 20 c dominium units, recreational area and common open space on proximately .4.5 acres within the PR-5 (Planned Residenti 1 , 5 d.u./ac.) zone, generally located on the south side of ovley Lane, 2400 feet east of Monterey Avenue. Mr: Crump eviewed the staff report and stated that the site plan has not been eva uated by the Design Review Board, but conditions could be added to gua antee the map's conformance to the final plan approved by the Design Revi w Board. He recommended approval to the City Council . I ommis ioner Berkey pointed .out this request was premature since it been valuated by the Design Review Board and the Commission ollo correct procedures. hai man Snyder opened the Public Hearing asking if anyone present to eak in FAVOR or OPPOSITION to this case. R WILLIAM FITCH, Wi-ldan_.& Associates, stated he could not speak o ner but would answer any questions. C mmissioner Berkey asked if the Commission needed the applicant' s nce for a continuance? Mr. Crump replied that it was essential . r. Fitch stated he could authorize a continuance and would do so. mp added that a written concurrence from the applicant would be le also.Upon motion made by Commissioner Miller, seconded by Commissioner Case No. TT 14997 was continued to the meeting of February 5, 1980. nanimous y - The Commission indicated that the purpose of this co tinuance was to allow the applicant to submit plans through the Design Review process.. C. Case No. TT 15634 - SAN CLEMENTE GROUP DEVELOPMENT CORP.; Applicant Request for approval of a Tentative Tract Map for 9 lots to .allow construction of 51 condominium units on approximately 10.5 acres within the PR-7, S. P. (Planned Residential , 7 d.u./ac. , Scenic Preservation Overlay) zone, generally located . on the south side of Parkview Drive, west of Fairhaven Drive. F MINUTES PALM DESERT PLANNING COMMISSION JANUARY 3, 1980 Page-3- VI. PUBLIC HEARINGS (continued) Mr. Crump presented this case reviewing the staff report and stated that this map does not propose individual unit lots. He reviewed the illustrated map and recommended approval to the City Council . Chairman Snyder opened the Public Hearing asking if anyone present wished to speak in FAVOR or OPPOSITION to this case. MR. JACK NEWVILLE, Engineer, 71-537 Highway 111, Rancho Mirage, stated his concurrence with the conditions. l Chairman Snyder closed the Public Hearing. Upon motion made by Commissioner Berkey, seconded by Commissioner Miller, Case No. TT 15634 was approved by adoption of Planning Commission Resolution No. 560, as submitted. Carried unanimously (3-0) . D. Case No. TT 15724 - VICTOR SUN- EVER ETT DEVELOPMENT Applicant equest for approval of a Tentative Tract Map to subdivide a arcel into 8 individual lots and one private street on app ximately 4.35 acres within the S.I..; S.P. (Service Indus rial , Scenic Preservation Overlay) zone, generally locate on the north side of 42nd Avenue, 600 feet west of Cook Str et. Mr. Crump presen ed this case illustrating how the parcel would be subdivided. He als stated that some of the problems related to this request were based on t original Parcel Map. He indicated that the conditions specified the erms under which the division would be acceptable and recommended approval . Commissioner Berkey aske if the City was in a position to enforce improvements on the parcel map. Mr. Crump answered that the City is able to enforce public improvements t other improvements would have to be mutually agreed upon between the ubdividers. Chairman .Snyder asked if the a licant cared to make a presentation. MR. VICTOR SUN, Irvine, Californi , asked staff to clarify the responsi- bilities relative to improvement of pri ate streets and 42nd Street. Mr. Crump stated that it was the on inal Parcel Map subdivider's responsibility but the improvements were a prerequisite to implementing this Tentative Tract. Chairman Snyder opened the Public Hearin asking if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Upon motion made by Commissioner Miller, sec nded by Commissioner Berkey, Case No. TT .15724 was approved by adoption of Planning Commission Resolution No. 561, as submitted. Carried unanimo ly (3-0) . E. Case No. CUP 03-75 (Amendment) - PORTOLA DEL SOL OWNER's ASSOCIATION, Applicant Request for approval of an Amendment to a Con itional Use Permit to allow construction of two (2) Tennis ourts and one Jacuzzi within the common recreation area o Portola Del Sol Condominium.Development located on the e st side of Portola Avenue, at Catalina Way. PLANNING COMMISSION RESOLUTION NO. 560 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 51 CONDOMINIUM UNITS ON APPROXIMATELY 10. 5 ACRES LOCATED ON THE SOUTH SIDE OF PARKVIEW DRIVE WEST OF FAIRHAVEN DRIVE. CASE NO. TT 15634 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of January, 1980, hold a duly noticed Public Hearing, to consider the request by SAN CLEMENTE GROUP DEVELOPMENT CORP. for approval of a Tentative Tract Map for 9 lots to allow construc- tion of 51 condominium units on approximately 10. 5 acres within the PR-7, S.P. (Planned Residential , 7 d.u./ac. , Scenic 'Preservation Overlay) zone generally located on the 'south side of Parkview Drive, west of Fairhaven Drive, more particularly described as: APN 621-320-001 APN 621-320-004 APN 621-320-002 APN 621-320-005 APN 621-320-003 WHEREAS, said application has complied with' the requirements of the "C,ity of Palm Desert Environmental Quality Procedure Resolution No. 78-32", in that the subject project has been previously assessed under DP 13-79 and no further evaluation 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 to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with ` Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of development proposed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or serious health problems.NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 15634 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 reouirement 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, it is recommended that the City Council agree to use said fees for park purposes in conformance with an adopted master plan, with- in five (5) years of the recordation of the final map. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm PLANNING CONIMISSI HSOLUTION NO. 560 Page -2- Desert Planning Commission, held on this 3rd day of January, 1980, by the following vote, to wit: AYES: Berkey, Miller, Snyder NOES: None ABSENT: Kryder f ABSTAIN: None { WALTER SNYDER,-Chairman ATTEST: PAUL A. WILLIAMS, Secretary i /lr PLANNING COMMISSION -OLUTION NO. 560 Page -3- STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 15634 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations , and restrictions ( of all municipal ordinances and State and Federal statutes now in force,. or which hereafter may be in force. 2. 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 Parkview Drive (except for one approved project entrance) and access rights to Fairhaven Drive (except for'one approved emergency access) 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 re- cordation 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) . 6. Improvement plans for water and sewer systems shall meet the require- ments of the respective service districts. 7. Area shall be annexed to appropriate Improvement Districts having jurisdiction 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 Ordinance to the City Engineer for checking and approval before con- struction 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. As 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 orignal and three (3) copies of the water system plan to the Fire Marshal for review. 13. All requirements of the City Fire Marshall from his letter of October 12, 1979, (attached to Planning Commission Resolution No. 544) , 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. 15634 is in accordance with the requirements prescribed by the City. Fire Marshal . " PLANNING COMMISSIOiN `LUTION N0. 560 / Page -4- 15. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 16. All private streets shall 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 13-79 shall be met as a part of the development of this tract. 18. The total number of lots shall be limited to 7 for units, recreation/open space, and buffer purposes; and, 2 lots for private street definition. 19. The applicant shall have twelve (12) months from the date of the Il 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 made prior to recordation of the Final Map. 21. Developer shall pay a fee in lieu thereof as a condition of the Final Map, for park and recreation purposes. The City shall . commit the use of any such fees received within a five year period. , SPECIAL CONDITIONS 1. Subdivider shall contribute an amount equal to $1,500 per gross acre as a fee paid into the Drainage Fund of the City of Palm Desert. 2. Subdivider shall contribute an amount equal to $50.00 per dwelling unit for a total fee of $2,550 (based on 51 units) , into the Signalization Fund of the City of Palm Desert. 3. Subdivider shall dedicate and fully improve adjacent public right of ways as required and approved by the Director of Public Works , in accordance with the following: Parkview Drive - 44 feet wide half street. Fairhaven Drive - 33 feet wide half street. 4. Subdivider shall install Safety Street Lighting at the Tract entrance to Parkview Drive as required by the Director of Public Works and approved through the Design Review process. 5. The Tract shall be completely bounded by a minimum 6 foot high solid masonary wall , except for an approved tract entrance to Parkview Drive and emergency access gate to Fairhaven Drive. 6. A temporary turn-around area shall be provided at the ends of the private interior streets if the Tract is phased. 7. All perimeter improvements including boundary wall , parkway lands- caping, and public right of way improvements shall be completed in the first phase of development. 8. Additional right-of-way improvements in Parkview Drive shall be provided to improve local drainage conditions as required by th L Director of Public Works. PLAM ING COMMISSION OLUTION NO. 560 ( Page -5- SPECIAL CONDITIONS (continued) 9. The Tract shall be designed to retain a minimum 10 year storm intensity on-site, before storm waters are allowed to drain into C public right-of-ways. This feature shall be engineered and re- flected in the plans submitted through the Design Review process. ti. r- l AGREEMENT I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth, and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department ( of Environmental Services. l_. Date Applicant' s Signature CITY OF PALM DESERT STAFF REPORT To: Planning Commission Report on : Tentative Tract Map Applicant: San Clemente Group Development Corp. , 647 Camino de los Mares, Suite 200, San Clemente, CA 92672 Case No: TT 15634 Date: January 3, 1980 I . REQUEST: Request for approval of a Tentative Tract Map for 9 lots to allow construction of 51 condominium units on approximately 10.5 acres within the PR-7, S.P. (Planned Residential , 7 d.u./ac. , Scenic Preservation Overlay) zone generally located on the south side of Parkview Drive, west of Fairhaven Drive. LOCATIONAL MAP: iVl - tu: — (! y` >I A - FALLS RANCHO 4IRP6E CITY IJ M(T I' IiY Of PA VW pfbL RT CA1 L'ni _ VU P.R.-7, S.P. E o� P.R.-7, L W SY a r`I C-1 IL rT _. v I 41M6 III � t.__p +TJ �,` 'i,' -C- P.C. S.P. -�,;_L _ �'--- .F. CDLL (4).S.P. s: V E N UE 'a a BC. II i II . BACKGROUND: A. ADJACENT ZONING: North: City of Rancho Mirage South: PR-7, S. P. East: PR-7, S.P. ; R-2(7) , S.P. ; R-1 12,000 West: PR-7, S.P. B. GENERAL PLAN LAND USE DESIGNATION (C.O.D. SPECIFIC PLAN) : Medium Density Residential , 7-12 s.u./ac. , Lot Consolidation. C. ENVIRONMENTAL ASSESSMENT: The proposed project has been previously assessed in connection with Case No. DP 13-79, and no further documentation is deemed necessary by the Director. D. PREVIOUS PERTINENT CASES: DP 13-79, San Clemente Group Development Corp. ; Development Plan for the subject site, approved by Planning Commission Resolution No. 544, October 30, 1979 STAFF REPORT • January 3, 1980 - Page -2- II . BACKGROUND: (Continued) E. PERIMETER STREET IMPROVEMENTS: Dedication/Improvements to satisfy the following requirements: - 33 ft. half street on Fairhaven Drive. - 44 ft. half street on Parkview Drive. F. LOT DESCRIPTION: Lots 1 to 7 contain condominium units and buffer areas ; Lots A and B define the interior private streets. III . DISCUSSION: The subject Tentative Map seeks to implement the recently approved conceptual Development Plan for the site. Normally a Tentative Map is considered pre- mature until Design Review is resolved. In this instance, the Map does not propose individual unit lots, so it is somewhat less complicated, but the Map may have to be adjusted to agree with any final action on the site plan. IV. STAFF RECOMMENDATION: Based on the justification contained in the draft-Resolution : Recommend approval to the City Council of Tentative Tract Map No. 15634, by adopting Planning Commission Resolution No. 560 , subject to conditions. INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: TT 15634 DATE: December 11 , 1979 (1 ) This tract shall install safety street lights at the entrance to the develop- ment on Parkview Drive. (2) This tract shall pay the required drainage fees of $1 ,500 per gross acre to the City of Palm Desert. (3) This tract shall pay $2,550 to the signalization fund of the City of Palm Desert for 51 dwelling units at the rate of $50 per unit. (4) All necessary right of way dedications on Parkview Drive and Fairhaven Drive shall be made to the City of Palm Desert in accordance with the Director of Public Works recommendations. (5) It is recommended that the engineer for this tentative map consider strongly a retention basin in the center of this development to handle a minimum of a 10-year storm intensity since this development is located in a fairly flat area of the city. (6) All conditions of the Development Plan 13-79 shall be applicable to this tentative tract. , • CdP•n " DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE BSI C UNTY CALIFORNIA DIVISION OF FORESTRY or�� RIVERSIDE .... ..', DAVID L. FLAKE P.O. aox zafi W COUNTY FIRE WARDEN 210 EST SAN JA CIN TO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3103 December 14, 1979 Paul A. Williams Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, Ca. 92260 Re: Case No. Tract 15634 Dear Paul , The fire protection requirements for this tract were established under DP 13-79 and shall apply to the land division. v David J. Ortegel Fire Marshal DJO:dt `• LO U N Ty ESTABLISHED IN 1918 AS A PUBLIC AGENCY ��STRICt COACHELLA VALLEY COUNTY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (714) 398-2651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS.PRESIDENT LOWELL O.WEEKS,GENERAL MANAGER—CHIEF ENGINEER TELLIS CODEKAS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY C.J.FROST - DENNIS M.HACKETT,AUDITOR PAUL W.NICHOLS REDWINE AND SHERRILL,ATTORNEYS STEVE O.BUXTON December 19, 1979 File: 0163. 11 �s 0421 . 1 s 0721 . 1 Dept. of Environmental Services y Cit of Palm Desert P. 0. Box 1977 Palm Desert, California 92260 Subject: Tract 15634, SEA, Sec. 18, T5S, RISE, SBM Gentlemen: This area is protected from stormwater flows by 'a system of channels and dikes. This area may be considered safe from stormwater flows except in rare instances. The District will furnish domestic water and sanitation to said area in accor- dance with the currently prevailing regulations of this District. This area shall be annexed to Improvement District Nos. 54 & 80 of the Coachella Valley County Water District for sanitation service. Very tryl-y yours, Lowe 1 0. v?eek's General Manager-Chief Engineer DBP; ra cc: Riverside County Department of Public Health, Indio PROOF OF PUDLICATIdN (20101 2015.5 CCP) PROOF OF PUBLICATION Of CITY OF PALM DESERT-LEGAL NOTICE TT 15634 CITY OF PALM DESERT LEGAL NOTICE I am a citizen Of the United REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP FOR 9 LOTS TO ALLOW CON- STRUCTION OF 51 CONDOMINIUM UNITS ON APPROXIMATELY 10.5 ACRES LOCATED States and a resident of the AT THE SOTTH�WEEST CORNER OF PARKVIEW DRIVE AND FAIRHAVEN DRIVE. CASE County aforesaid: I am over the NOTICE IS HEREBY GIVEN that a Public Hearing will pe held before the Palm Desert Plannin00 Commission to consider a request by SAN CLEMENTE GROUP DEVELOPMENT age of eighteen years# and not CORP. for approval of a Tentative Tract Map for 9 lots to allow construct!on of 51 condominium t O Or interested units on approximately 10.5 acres within the PR-7, S.P. (Planned Residential, 7 d.u./oc., Scenic a party t e r e s t e d i n the Preservation Overlay) zone generally located at the southwest corner of Porkvlew Drive and, Fairhaven Drive, more particularly described as: above entitled matter. T am the APN 621-320001 APN 621-320-OU principal clerk of the printer APN 621-320-002 APN 320-003 APN 621-32OMS of PALM DESERT POST# a newpaper of m� general circulations printed i and published daily in the 6 - iALLS I vAxceo rn.Acc Or, Uva city of Riverside# County of - nToi.qe .Tap Riverside # and which newspaper g, has been adjudged a newspaper of PR.-7, S.P. general circulation by the Superior Court of the County of T�/ Riverside., State of California# -- � PRr7 C under date of October 5s 1964, - - -✓ sP Case number 83658; that the - -- notice, of which the annexed is NC' II a printed copy, has been published rtir in each regular and entire issue #+bt I, 2rl of said newspaper and not in any '+ P. supplement thereof on the following sv tint COu dates, to-wit : c r;12/20 s1979PC. . (a).s.P SAID Public Hearing will be held on Thursday, January 3, 1980. at 7:00 a.m. In the Council Chombers in the Palm Desert City Hall, AS-275,Prickly Pear Lane, Palm Desert, California at I Certify (Or declare) under which time and place all Interested persons are invited to attend and be heard. Approval of this penalty o f request will allow the construction of a 51 unit residential complex as a condominium prolect. perjury that the PAUL A. WILLIAMS, Secretory foregoing is true and correct. Palm Desert Planning Commission — POP-12/20 Gated December 20, 1979 at Riversides California CITY OF PALM DESERT - i I 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE December 14, 1979 REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP FOR 9 LOTS TO ALLOW CONS- TRUCTION OF 51 CONDOMINIUM UNITS ON APPROXIMATELY 10.5 ACRES LOCATED ON THE SOUTH SIDE OF PARKVIEW DRIVE WEST OF FAIRHAVEN DRIVE. CASE NO. TT 15634 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by SAN CLEMENTE GROUP DEVELOPMENT CORP. for approval of a Tentative Tract Map for 9 lots to allow construction of 51 condominium units on approximately 10.5 acres within the PR-7, S.P. (Planned Residential , 7 d.u./ac. , Scenic Preservation Overlay) zone generally located on the south side of Parkview Drive, west of Fairhaven Drive, more particularly described as: APN 621-320-001 APN 621-320404 APN 621-320-002 APN 621-320-005 APN 621-320-003 2.l I jjc RANCHO MIRAGE dYY;LIYR -, IA - FALLS '• CITY Of PA NY Giry l,r P.R:7, S.P. P� I P.R:7, C ' S.P ,., c-( ` Yttr I --�-- +,1 (4) o CID i (4),S.P. S.P. -`�- _ - 44 ft1 AVEN 44 111 ' I " s Pc. (4),S.P. SAID Public Hearing will be held on Thursday, January 3, 1980, at 7:00 P.M. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are in- vited to attend and be heard. Approval of this request will allow the construc- tion of a .51 unit residential complex as a condominium PProject. PAUL A. WILLIAMS, Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post J i = Ln .: i Ln �zly/ m N J 7 3 } Q 0 Z 7 fA O N 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL Case No. : TT 15634 (ref: DP 13-79) Project: Tentative Tract Map Applicant: San Clemente Group Development Corp. Enclosed please find materials describing a project for which the following is being requested: Approval of a Tentative Tract Map to allow construction of 51 condominium units on approximately 10.5 acres located at the southwest corner of Parkview Drive and Fairhaven Drive. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The City is interested in the probable impacts on the natural environment (e.g. water and air pollution) and on public resources (e.g. demand for schools, hospitals, parks, power generation, sewage treatment, etc. ) Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. December 21 1979, in order to be discussed by the Land Division Committee at their meeting of Dec. 26, 1979 The Land Division Committee (comprised of Director of Environmental Services, City Building Official , City Engineer, Fire Marshal and a representative of CVCWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning Commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the Land Division Com- mittee nor will it be forwarded to the Planning Commission for consid- eration. er ruly yours, Paul A. Williams Director of Environmental Services PAW/ss PLEASE RETURN MAP WITH COMMENTS Cuii:a�zr Oo ff Win_= nD(P=c�)nV-a 45-275_PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL Case No. : TT 15634 (ref: DP 13-79) Project: Tentative Tract Map Applicant: San Clemente Group Development Corp. Enclosed please find materials describing a project for which the following is being requested: Approval of a Tentative Tract Map to allow construction of 51 condominium units on approximately 10.5 acres located at the southwest corner of Parkview Drive and Fairhaven Drive. The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The City is interested in the probable impacts on the natural environment (e.g. water and air pollution) and on public resources (e.g. demand for schools, hospitals, parks, power generation, sewage treatment, etc. ) Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. December 21 , 1979, in order to be discussed by the Land Division Committee at their meeting of Dec. 26, 1979 The Land Division Committee (comprised of Director of Environmental Services, City Building Official , City Engineer, Fire Marshal and a representative of CVCWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning Commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the Land Division Com- mittee nor will it be forwarded to the Planning Commission for consid- eration. er ruly yours, Paul A. Williams Director of Environmental Services PAW/ss PLEASE RETURN MAP WITH COMMENTS rd li i + CIRCULATION LIST FOR ALL CASES Circulation of Tentative Maps, Parcel Maps, CUP'S, GPA's, etc: REVIEW MMITTEE: 1. Palm Desert Director of Environmental Services - Paul Williams 2.' ✓ Palm Desert Director of Building & Safety - Jim Hill/P " _.... 3. ✓�lm Desert Director of Public Works - L. Clyde Beebe 4.,V Palm Desert Fire Marshall - Dave Ortegel 5. Robert P. -Brock Office of Road Commissioner and County Surveyor Administration Office Building, Room 313 s 46-209 Oasis- Street — — " Indio, California 92201 (Phone: 347-8511, ext 267) 6. M. A. . Ferguson Imperial Irrigation Dist. Power Div. P. 0. Box 248 Coachella, CA 92236 398-2211 7. Lowell 0. Weeks General Manager - Chief Engineer Coachella Valley County Water District (C.V.C.W.D. ) P. 0. Box 1058 Coachella, California 92236 (Phone: (714) 398-2651) 8. R. J. Lowry Project Development Services California Department of Transportation - P. 0. Box 231 San Bernardino, California 92403 (Phone: (714) 383-4671 ) 9. Director of Planning and Building City of Indian Wells 45-300 Club Drive Indian Wells, California 92260 (Phone: 345-2831) 10. Director of Planning City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, California 92270 (Phone: 328-8871) 11. Kermit Martin Southern California Edison Company P. 0. Box 203 Palm Desert, California 92260 (Phone: 346-8660) 12. Chuck Morris General Telephone Company 62-147 Desertaire Road Tree, California 92252 (Phone: 366-8389) 13. /Joshua W. Riddell Engineering Department Southern California Gas Company P. 0. Box 2200 Riverside, California 92506 (Phone: 327-8531, ask for Riverside extension 214) . r,M/ice *• ' . 3� Circulation List for All Cases Page Two 14. Roger Harlow 'Director - Pupil Personnel Service Desert Sands Unified School District ZIndio, Avenue 46 California 92201 (Phone: 347-4071) 15. Jim Langdon Palm Desert Disposal Services , Inc. 36-711 Cathedral Canyon Drive P. 0. Drawer LL Cathedral City, California 92234 (Phone: 328-2585 or 328-4687) 16. Stanley Sayles President, Palm Desert Community Services District 44-500 Portola Avenue Palm Desert, California 92260 (Phone : 346-6338) 17. Regional Water Quality Control Board 73.-271 Highway 111 , Suite' 21 Palm Desert, Ca. 92260 (Phone: ) 18. Harold Horsley Foreman/Mails U. S. Post Office Palm Desert, California 92260 (Phone: 346-3864) 19. Joe Benes Vice President & General Manager Coachella Valley Television P. 0. Box 368 Palm Desert, California 92260 (Phone: 346-8157) 20. Don McNeely President - Palm Desert Chamber of Commerce P. 0. Box 908 Palm Desert, California 92260 (Phone: 346-6111) 21. Kevin Manning `Senior Planner Riverside County Planning Commission County Administration Building, Room 304 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext. 277, 278, & 279) 22. James Whitehead Superintendent - District 6 _ State Parks and Recreation 1350 Front Street, Room 6054 San Diego, California 92101 (Phone: (714) 236-7411) 23. Les Pricer Redevelopment Agency 73-677 Highway Ill Palm Desert, Ca. 92260 (Phone : 346-6920 24. Robert I. Pitchford, Chairman Architectural Committee of the Palm Desert Property Owners Assoc. 73-833 E1 Paseo Palm Desert, Ca. 92260 45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260 [sz��Szs �2S�1c�\ �OzS�J �F Q)M2E ***TENTATIVE SIIBDIVISION MAP**- DEPARTMENT OF ENVIRONMENTAL SERVICES PLANNING DIVISION Applicant's Representative: Engineering Service Corporation San Clemente Group Development Corporation 71-537 Hwy. 111, Su.ite "A" Applicant (please print) Rancho Mirage, CA 92270 647 Camino de ]as Mares, Suite 200 714/568-5997 Mailing Address Telephone San Clemente California 92672 city State 714/496-0065 Zip-Code REQUEST: (Describe specific nature of approval requested Tentative Map approved for 51 condominium units and related recreational facilities, consisting of 9 lots_ r C PROPERTY DESCRIPTION: A Portion of S 1/2 of the SE 1/4 of Section 18 T5S, R6E, S.B.M. ASSESSORS PARCEL N0, Map Book 621, Pg. 32, Parcels 1, 2, 3, 4, and 5 EXISTING ZONING PR7 S.P. Property Owner Authorization THE UNDERSIGNED STATES THAT THEY ARE THE OWNER IS)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR- IZATION FOR E FILI!G OF THIS APPLICATION. SIGNATURE DA AGREEMENT ABSOLVING THE CITY OF PALM DESERT OF ALL LIABILITIES RELATIVE TO ANY DEED RESTRICTIONS, j I DO 9Y MY SIGNATURE ON THIS AGREEMENT, ABSOLVE THE CITY OF PALM CESERT OF ALL LIABILITIES REGARDING ANY DEED RES- TRIC TI O NS THAT `VAYy PPLICA3LE TO THE PROPERTY DESCRIBED HEREIN. ' SIGNATURE DATE Applicant's Signature SIGNATURE ,fit�p DATE (FOR STAFF USE ONLY) ENVIRONMENTAL STATUS ED BY�aaGgv ❑ MINISTERIAL ACT E.A. No. /!'l L•.�A ❑ CATEGORICAL EXEMPTION CASE Vo. -r-r ' 5 3❑ NEGATIVE DECLARATION ® OTHER Ptoj-&&sQ REFERENCE CASE NO. - GE IV EID E, TDEC 3 - 1979 ENVIRONMENTAL SERVICES CITY OF PALM DESERT S ❑ C T H E R N C A L I F ❑ R N I A S .0 1 L A N D T E S T I N G , 1 N C . 6290 RIVERDALE ST. SAN DIED., CALIF. 92120 • T.L. 250-4021 • P.O. 9D% 20627 SAN MERE, CALIF. 92120 'J 3 - 0 3 9 H I G H W A Y 1 1 1 P A L M D E S E R T. E A L I F. 9 2 2 5 0 • T E L E 3 4 fi - 1 . 7 . 6 7 fi - E N T E R P R I S E 5 T. E E C D N D I D D, E A L I F. 9 2 D 2 5 • T E L E 7 4 6 - 4 5 4 4 November 30, 1979 Engineering Serv.ice?•Corporation 71-537 Highway III Rancho Mirage, California 92270 SUBJECT : The Water Works Residential Development, Fairhaven and Parkview Drives, Palm Desert, California. Gentlemen: This letter has been prepared to advise all concerned parties that Southern California Soil & Testing, Inc. has been con- tracted by Jack Newville of Engineering Service Corporation, who represents San Clemente Group Development Coporation to perform a Geotechnical Investigation at the subject site. The report shall be issued in approximately two work weeks and should include the pertinent soil and foundation information related to site development. If you have any questions regarding this matter,please do not hesitate to contact the undersigned. Respectfully submitted, SOUTH UN CALIFQRYIA SOIL & TESTING, INC. Gene A. Krause, Branch Manager GEK/lh DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION, made on the date hereinafter set forth by SAN CLE ENTE GROUP DEVELOPMENT CORPORATION, a California corporation, hereinafter referred to as "Declarant" W I T N E S S ET ,H: WHEREAS, Declarant is the owner of certain property in the , County of Riverside, State of California, which is more particularly described as: SEE EXHIBIT A NOV, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and coaditions, which are for the purpose of protecting the value and desirability of , and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. _1_ I ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to THE WATER- WORKS HOMEOWNERS ASSOCIATION, its successors and assigns. Section 2. 'Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property hereinbefore described, and such additions thereto as may here- after be brought within the jurisdiction of the Association. u. Section 4. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners'. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: SEE EXHIBIT B Section 5. "Lot" shall mean and refer to any plot of land, together with all improvements constructed thereon, shown upon any recorded subdivi- sion map of the Properties with the exception of the Common Area. Section 6. "Declarant" shall mean and refer to SAN CLEMENTE GROUP DEVELOPMENT -2- CORPORATION, , a California corporation, its successors and assigns, if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE II PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions; (a) the right of the Association to charge reasonable admis- sion and other fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid. and for a period not to exceed 60 days for any infraction of its published rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by 2/3rds of each class of members has been recorded. _ -3- Section 2. Delegation of Use. Any owner may delegate, in accor- dance with the By-Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purcha- sers who reside on the property. Section 3. Restricted Common Area. Portions of the Common Area, referred to as patio area, are hereby set aside as Restricted Common Area and shall be easements for the exclusive use and enjoyment of the respec- tive Lots to which they connector appertain and shall be so designated on the final development plan for the Properties. No buildings, .fence, wall, improvement or, other structure shall be commenced, constructed, erected, repaired or maintained in any patio area unless the same shall have first been approved in accordance with the architectural control provisions of Article V. Except for the exterior maintenance of any buildings, fences, walls or other structures in, adjoining or enclosing the patio area, such maintenance to be provided by the Association, Owner shall maintain his patio area at his own expense in a neat, clean, safe, and attractive condi- tion at all times. All portions of the patio areas not covered by artificial covering, natural ground cover, or ornamental rock and which are visible from other property shall be properly cultivated and irrigated to grow and maintain lawn, shrubs, trees, plants or flowers and shall be kept free from rubbish, litter and weeds. -4- ARTICLE III USE RESTRICTIONS The Lots and Common Area shall be occupied and used only as follows: Section 1. Each Lot shall be used as a private dwelling, and for no other purpose except such temporary uses as shall be permitted by Declarant while the Properties are being developed and Lots are being sold by.Declarant. Section 2. Subject to the provisions of this Declaration, use of the Common Area shall be in accordance with and subject to any additional limitations determined by the Association. Use of the Restricted Common Area shall be subject to the limitations set forth herein and in Article II, Section 3 hereof. Section 3. Nothing shall be done or kept on any Lot or in any Common Area which will increase the rate of insurance on the Common Area without the approval of the Association. No Owner shall permit anything to be done or kept in his Lot or in any Common Area which will result in the cancella- tion of insurance on any portion of Common Area or which would be in violation - of any law. - Section 4. No sign of any kind shall be displayed to the public view on or from any Lot or any Common Area, without the approval of the Association, except such signs as may be used by Declarant in connection with the development of the Properties and sale of Lots, and except one (1) "for sale" or "for lease" sign on any Lot. All signs permitted under this Section shall conform with the sign ordinances, if any, of all cognizant governmental authorities. -5- Section 5. No animals of any kind shall be raised; bred, or kept on any Lot, or in the Common Area, except that dogs, cats, or other house- hold pets may be kept on said Lots subject to approval of the Association; provided, however, that no animal whatsoever shall be kept, bred, or maintained for any commercial purpose, provided further that there shall be no more than a total of two (2) animals per Lot. Section 6. The Owner shall not permit or suffer anything to be done or kept upon any Lot which will obstruct or interfere with the rights of other Owners or occupants, or annoy them by unreasonable noise or otherwise, 'nor will he commit or permit any nuisance on the premises or commit or suffer any immoral or illegal act to be committed thereon. The Owner shall comply with all of the requirements of the Board of Health and of all other governmental authorities with respect to the said premises. Section 7. No building, fence, wall, improvement , or other structure of any kind shall be constructed upon any portion of any Common Area other than such buildings, improvements, and structures as shall be constructed (a) by the Declarant (or a person to whom the Declarant assigns its rights as developer) , (b) by the Association pursuant to Article VII, Section 4 hereof, or (c) by an Owner in the Restricted Common Area in accordance with Article II, Section 3 hereof. Section 8. No professional, commercial, or industrial operations of any kind shall be conducted in or upon any Lot or the Common Area, except -6- such temporaryoperations as may be approved by a majority of a quorum of the Association, and such temporary uses as shall be permitted by Declarant while the Properties are being constructed and Lots are being sold by the Declarant. Section 9. Except as permitted by the Association, no vehicles other than passenger automobiles and station wagons shall be parked or stored in any portion of the Common Area. No vehicle shall be repaired or rebuilt in any portion of the Common Area. The Common Area is hereby made subject to all State laws and local governmental ordinances pertaining to the control.of vehicular traffic, and the State and local governmental authorities, through their authorized agents, are hereby given the authority to enter upon the Common Area and to enforce all such laws and ordinances. Section 10. All owners shall be Members of the Association and shall comply with the terms and conditions as set forth in the By-Laws and any rule or regulation of the Association, except upon the transfer of the Lot to which it is appurtenant. Section 11. Nothing in this Article or elsewhere in these Restric- tions shall limit the right of the Declarant to complete construction of improvements to the Common Area and to Lots owned by the Declarant or to alter the foregoing or to construct such additional improvements as the Declarant deems advisable prior to completion and sale of the Properties. Until such completion and sale, the Declarant reserves to itself easements and rights of way over, in and to the Common Area and the Lots for common driveway, drainage, encroachment, ingress and egress to and from the same for the purpose of completing improvements thereon, the performance of necessary repair work, for entry onto adjacent property in connection with additional phases of the development, and for all work required to complete-'the develop- ment and sale of the Properties. _ -7- Section 12. All air-conditioning units installed at the time of the initial sale of each Lot, and where purchased by the Owner, shall be the property of said Owner. An easement over the Common Area is hereby established where the air-conditioning unit is installed outside the Lot. Each Owner shall bear full responsibility for the cost of maintaining his air-conditioning unit. No Owner shall install an air-conditioning unit or replace his present air-conditioning unit without the prior written approval, pursuant to Article VIII, of the Architectural Committee which shall have the right to approve or disapprove the physical size, shape, noise level of acceptable industry standards, and proposed location of each unit. Section 13. No Owner shall install or cause to be installed any T.V. or radio antenna or other similar electronic receiving or broadcasting device on any portion ofthe exterior of any building on the Properties; provided, however, that the Association shall, upon the request of an Owner, and subject to the approval of the Association, install said aerial - for said Owner. Section 14. No Owner shall install or cause to be installed any patio cover or roof in or on any yard area without the prior written consent - of the Architectural Committee pursuant to Article VIII. Section 15. The Association reserves the right, and nothing herein shall be construed to inhibit or deny such right, to enter in or upon any Lot as necessary in connection with construction, maintenance or emergency repair for the benefit of the Common Area or the Owners in common. _g_ Section 16. With the exception of a "lender in possession of a Lot following a default in a first mortgage, a foreclosure proceeding, or any deed or other arrangement in lieu of foreclosure, no Owner shall be permitted to lease his Lot for transient or hotel purposes. No Owner may lease less than the entire Lot. Any lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of the Declaration of Restrictions and the By-Laws and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. All leases shall be in writing. Other than the foregoing, there are no restrictions on the right of an Owner to lease his Lot. Section 17. Neither the Common Area nor the Restricted Common Area nor any portion of either shall be used as a dumping ground for rubbish. Trash, garbage or other waste shall be kept only in sanitary containers. All equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition and shall not be visible from any adjoining property or any public street except for the minimum period necessary in connection with collection activities. Section 18. No boats, trailers, house trailers, campers, trucks, ' motor homes or recreational vehicles shall be parked or stored on or - in the streets or roadways on the Properties, or on or in any Lot in such a way as to be visible from any street or roadway in the Project. No automobile, motorcycle, motorbike, motor scooter, moped, boat, trailer, house trailer, camper, truck, motor home, recreational vehicle or other vehicle shall be repaired, serviced or painted on or in the streets or roadways on the Properties, or on or in any Lot in such a way as to be visible from any street or roadway on the Properties. -9- ARTICLE IV EXTERIOR MAINTENANCE In addition to maintenance upon the Common Area, the Association shall provide exterior maintenance upon each Lot which is subject to assessment hereunder, as follows: paint, repair, replacement and care of roofs, gutters, downspouts, exterior building surfaces, walls, fences, trees, shrubs, grass, walks, and other exterior improvements. Such exterior main- tenance shall not include glass surfaces. In the event that the need for maintenance or repair of. a Lot or the improvements thereon is caused through the willful or negligent acts of its owner, or through the willful or negligent acts of the family, guests or invitees of the owner of the Lot needing such maintenance or repair, the cost of such exterior maintenance shall be added to and become part of the. assessment to which such Lot is subject. ARTICLE V PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes 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 2. Sharing of Repair and Maintenance. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. -10- Section 3. Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty, any Owner who has the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in pro- portion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provision of this Article, an Owner who by his negligent act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. 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 to such Owner's successor in title. Section 6. Arbitration. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. ARTICLE VI MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership. Any action required to be taken in the By-Laws, or in the Articles of Incor- poration of the Association, or i.r 1i ^s Peclaration, by the vote or written assent -11- of the members shall require such vote or written assent of the prescribed percentage of each class of membership. Said classes shall be: Class A. Class A members shall be all Owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earliest: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B member- ship, or (b) on the second anniversary of the original issuance by the California Department of Real Estate of the most recently issued subdivision public report for a phase of the develop- ment of the Properties, or (c) on the fourth anniversary of the original issuance of the subdivision public report for the first phase of the development of the Properties. ARTICLE VII COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Properties, 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 -12- pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assess- ments, together with interest, costs, and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assess- ment, together with interest, costs, and reasonable attorney's fees, shall also .be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successor in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Area and of the homes situated upon the Properties. Section 3. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be dollars ($ ) per Lot. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assess- ment may be increased each year not more than 5% above the maximum assess- ment for the previous year without a vote of the membership. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased above 5% by a vote of two-thirds (2/3) of each class of members -13- who are voting in person or by proxy, at a meeting duly called for this purpose. (c) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital' Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construc- tion, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two- thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days, in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty per cent (60`/,) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. -14- Section 6. Uniform Rate of Assessment. Both annual and special assess- ments must be fixed on an equal, pro rata basis for all Lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence as to all Lots in a phase of the development of the Properties on the first day of the month following the conveyance of the first Lot in that phase. The first annual assessment shall be adjusted according to the number of months remaining in the calandar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Owner subject thereto. 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 of the Association setting forth whether the assess- ments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall be increased to include interest from the due date at the highest rate allowed by law, attorneys fees and expenses of collection. The Association may bring an action at law against the Owner personally obligated to pay the sane, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. -15- Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any . first mortgage. Sale or transfer of any Lot shall not affect the assess- ment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE VIII ARCHITECTURAL CONTROL Section 1. Architectural Control Committee. (a) The Declarant shall appoint a committee for the control ,of structural and landscaping architecture and design with respect to the Properties. Said committee shall be known as the Architectural Control Committee and shall consist of not less than three nor more than five members. (b) The Declarant may appoint all of the original members of the Architectural Control Committee and all replacements until the first anniversary of the issuance of the original public report for the first phase of the development of the Properties. The Declarant reserves to itself the power to appoint a majority of the members of the Committee until 90% of all the Lots in the overall development have been sold or until the fifth anniversary of the original issuance of the final public report for the first phase of the development, whichever first occurs. -16- (c) After one year from the date of issuance of the originaX public report for the first phase of the development, the Board of Directors of the Association shall have the power to appoint one member to the Archi- tectural Control Committee until 90% of all of the Lots in the overall development have been sold or until the fifth anniversary date of the original issuance of the final public report for the first phase of the development, whichever first occurs. Thereafter the Board of Directors of the Association shall have the power to appoint all of the members of the Architectural Control Committee. (d) Members appointed to the Architectural Control Committee by the Board of Directors shall be from the membership of the Association. Members appointed to the Committee by the Declarant need not be members of the Association. Section 2. Approval of Committee: No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Architectural Control Committee. In the event said committee fails to approve or dis- approve such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. -17- ARTICLE IX ENFORCEMENT OF BONDED OBLIGATIONS Section 1. Applicability. This Article shall be applicable in the event that Common Area improvements which are included in any phase of the development of the Properties have not been completed prior to the issuance of the subdivision public report on that phase, and the Association is obligee under a bond or other arrangement (the "Bond") to secure performance of the commitment of the Declarant to complete the improvements. Section 2. Action by Board of Directors. The Board of Directors of the Association shall consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any improvement for which a Notice of Completion has not been filed within 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 of Directors shall consider and vote on the aforesaid question if a Notice of Completion has not been filed within 30 days after the expiration of the extension. Section 3. Action by Members. In the event that the Board of Directors fails to consider and vote on the question of action by the Association to enforce the obligations under the Bond, or after con- sideration of such question desides not to initiate such action, a special meeting of the members of the Association for the purpose of voting to initiate such action or to override the decision of the Board of Directors not to initiate such action shall be held not less than -18- 15 days nor more than 30 days after receipt by the Board of Directors of a petition for such a meeting signed by members representing 10% or more of all members of the Association. Section 4. Voting by Members. At the special meeting called as herein provided, a vote of a majority of the members exclusive of the Declarant to take action to enforce the obligations under the Bond shall be deemed to be the decision of the Association and the Board of Directors shall thereafter implement this decision by initiating and pursuing appropriate action in the name of the Association. ARTICLE X GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restric- tions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this Declara- tion shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This -19- Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than ninety per cent (90%) of the Lot- Owners, and thereafter by an instrument signed by not less than seventy- five per cent (75%) of the Lot Owners. Any amendment must be recorded. Section 4. Annexation. Additional land within the area described in Tract 8991 as approved by the County of Riverside, California may be annexed by the Declarant without the.consent of members provided that the Federal Housing Administration and the Veterans Administration have determined that the proposed annexation is in accord with the general plan heretofore approved by them, and provided further that the proposed annexation is in substantial conformance with a detailed plan of phased development submitted to the California Real Estate Commissioner with the application for a public report for the first phase of develop- ment of the Properties. Said annexation may be effected at any time within ten (10) years of the date of this instrument but in no event later than the third anniversary of the original issuance of the most-recently- issued subdivision public report for a phase of the development . Section 5. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration: Annexation of addi- tional properties, dedication of Common Area, and amendment of this Declara- tion of Covenants, Conditions and Restrictions. Section 6. Binding Effect. The provisions of this instrument shall inure to the benefit of and be binding upon all assigns, transferees, -20- heirs and successors in interest however acquired of or to the Declarant, the Association and the Owners hereunder. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this day of , 1979. SAN CLEMENTE GROUP DEVELOPMENT CORPORATION, a California corporation By: Robert J. Krause, President By. Hunter Wilson, Secretary STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT J. KRAUSE, known to me to be the President, and HUNTER WILSON, known to me to be the Secretary 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 corpora- tion, and acknowledged that such corporation executed the within instrument . pursuant to its by-laws or a resolution of its board of directors. • Shirley Jo Dolan Notary Public in and for said County and State. -21- wE CF. IVED DEC 3 - 1979 CERTIFIED PROPERTY OWNERS' LIST ENVIRONMENTAL SERVICES CITY OF PALM DESERT AFFIDAVIT STATE Of CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) I, Pearl Marie 4ton p hereby certify i 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- f ment role of the County within the area described on the attached application and for a distance of three hundred (300) feet from the exterior boundaries of the property described on the attached application. I certify under penalty of perjury that the foregoing is true and correct. (signed) (date) November 27 1979 MIE AND ADDRESSES OF PROPERTY OUNERS FOR PUBLIC HEARING ON San Clemente Group Development Corp. CASE NO. JOB NO. PARCEL NO. NAr1E ADDRESS 621-290-004-0 D. L. & Jean A. Balch 73-481 Pinyon, Palm Desert, CA 92260 621-290-032-5 Wm. & Anna Alexander 48698 Desert Flower, Palm Desert, CA 92260 621-320-006-4 Wiefels & Son 666 Vella Road, Palm Springs, CA 92262 C621-320-007-5 So. Calif. Baptist Convention816 S. Figueroa Street, Los Angeles, CA 90017 621-320-009-7 Clinic Service Associates 1695 N. Sunrise Way, Palm Springs, CA 92262 621-320-010-7 Clinic Service Associates 1695 N. Sunrise Way, Palm Springs, CA 922 62 621s-331-001-3 Henry & Mary Sottile 4304 Babcock Ave. , Apt. 101, Studio City, CA 91604 621-3 32-001-6 M/M Kenneth Barbier 72-879 Arboleda Street, Palm Desert§2260 621-332-002-7 M/M Kenneth Barbier 2-879 Arboleda Street, Palm Desert, CA 92260 621-332-003-8 M/M Kenneth Barbier 2-879 Arboleda Street, Palm Desert, CA 92260 621-332--004-9 M/M Kenneth Barbier 2-879 Arboleda Street, Palm Desert, CA 92260 NA1•tE AND ADDRESSES OF PROPERTY OblNERS FOR PUBLIC HEARIiiG ON San Clemente Group Development Corp. CASE NO. JOB NO. PARCEL NO. NA!,1E ADDRESS 621-332-006-1 Terry & Eric Wahlberg - 72-764 San Juan Drive, Palm Desert, CA 92260 621-332-007-2 Thomas & Ward D. Murdock 2-780 San Juan Drive, Palm Desert, CA 92260 621-332-008-3 Michael & Barbara May 2-808 San Juan Drive, Palm .Desert, CA 92260 621-332-009-4 Juanita & Raymond Norman 2-820 San Juan Drive, Palm Desert, CA C 92260 621-335-001-5 Jerome & Florence Holt 3-754 Fairhaven Drive, Palm Desert, CA 92260 621-335-002-6 Donald G. Keagle 2-775 San Juan Drive, Palm Desert, CA 92260 621-335-003-7 Tsair F. Kao 2-795 San Juan Drive, Palm Desert, CA 92260 621-335-010-3 A. F. & Margaret L. Nally 72-764 Arboleda Drive, Palm Desert, CA 92260 621-335-01jl-4 Joycelyn Kirkpatrick 2-790 Arboleda Avenue, Palm Desert, CA 92260 621-335-012-5 Kurt & Linda S. Davis P. O. Box 1883, Palm Desert, CAS 92260 i 621-342=001-7 R. & Streif F. Weber 3720 West 49th Ave. , Vancouver, BC, Canada V6N 3T8 .. NAME AND ADDRESSES OF PROPERTY 0!•1NERS FOR PUBLIC HEARING ON San Clemente,,Group Development Corp. CAST NO. JOB NO. PARCEL NO. NAME ADDRESS 621-342-002-8 Dorothy N. Streif 72-856 Arboleda Drive, Palm Desert, CA 92260 621-342-005-1 R. & Streif F. Weber 720 West 49th Ave. , Vancouver, BC, Canada V6N 3T8 621-342-006-2 :Kath:er:ilneam 2434 E. Valley Glen Lane, Orange, CA 92667 621-342-010-5 P. D. Congregation Jehovah 72-800 Avenue 44, Palm Desert, CA C92260, 621-342-011-6 P. D. Congregation Jehovah 72-800 Avenue 44, Palm Desert, CA Balch, D. L. & Jean A. 11 Alexander, Wm. & Anna ` ; Wiefels & Son 73-481 Pinyon 48698 Desert Flower 666 Vella Road Palm Desert, CA 9Z260 I Palm Desert, CA 92260 Palm Springs, CA 9Z262 621-Z90-004-0 621-290-032-5 621-320-006-4 1 � So. Calif. Baptist Convention i Clinic Service Associates I Sottile, Henry & Mary 816 S. Figueroa Street i, 1695 N. Sunrise Way 4304 Babcock Ave. , Apt. 101 Los Angeles, CA 90017 1 Palm Springs, CA- 92262 Studio City, CA 91604 6Z1-320-007-5 j 621-320-009-7/010-7 6Z1-331-001-3 Barbier, M/M Kenneth 72-879 Arboleda Street , E: Palm Desert, CA 92260 n, 621-332-001-6/002-7/003-8/ 004-9 ;Wahlberg, Terry & Eric I Murdock, Thomas & Ward, D May, Michael & Barbara '72-764 San Juan Drive 1j 7Z-780 San Juan Drive 72-808 San Juan Drive Palm Desert, CA 9ZZ60 { Palm Desert, CA 92260 ly Palm Desert, CA 92260 621-332-006-1 621-332-007-2 621-33Z-008-3 : Norman, Juanita & Raymond Holt, Jerome & Florence Keagle, Donald G. 72-820 San Juan Drive L; 43-754 Fairhaven Drive j 72-775 San Juan Drive Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 621-332-009-4 621-335-001-5 621-335-OOZ-6 Kao, Tsair F. �I Nally, A. F. & Margaret L. Kirkpatrick, Joycelyn I- 72-795 San Juan Drive 72-764 Arboleda Drive - I .;% 72-790 Arboleda Avenue - ,Palm Desert, CA 92260 Palm Desert, CA 9ZZ60 Palm Desert, CA 92260 `�621-335-003-7 py 621-335-010-3 621-335-011-4 J l Davis, Kurt & Linda S. Weber, R. & Streif F. Streif, Dorothy N. P. O. Box 1883 3720 West 49th Avenue 72-856 Arboleda Drive Palm Desert, CA 9ZZ60 I Vancouver, BC, Can VON 3T Palm Desert, CA 92260 621-335-012-5 621-342-001-7/005-1 621-342-OOZ-8 Lam, Katherine P. D. Congregation Jehovah 2434 E. Valley Glen Lane 7Z-800 Avenue 44 Orange, Calif. 92667 Palm Desert, CA 92260 --1-3 62420105./0116 621-342-006-2 i - : � .. 'An ..J_-: . .._�... _�. ..• ... i�� _ .. .. - .. .i.._... -•........etv.� .� I. .•n... .•ter.,... : ._Rv'.n L.ic.h .. ..•�