HomeMy WebLinkAboutTT 16133 COOK STREET/HOVLEY LANE EAST/CONDOS 1985 FILE 2 RESOLUTION NO. 85-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESE ,CALIFORNIA APPROVING AN EXTENSION OF
TIME FOR fE'Nd.ATIVE TRACT MAP, DEVELOPMENT PLAN
AND PRELIMINARY D _5 GN REVIEW CASE.
CASE NO'S� TT 16133, DP 04-60, 204 MF
WHEREAS, the City Council of the City of Palm Desert, California, did on
the 19th, day of December , 1985 hold a hearing to consider an appeal by CIRCLE
Z INC./J.M. PETERS COMPANY of a planning commission denial of a request for
approval of an 18 month time extension for a tentative tract map, development
plan and preliminary design review case for 156 residential condominium units
on 34 acres in the PR-5 S.P. zone at the northeast corner of Hovle_v Lane and
Cook Street, more particularly described as:
Parcel 1 , Parcel Map 13406
WHEREAS, at said hearing, said council did find the following facts to
exist to iustify their actions:
1 . Conditions exist beyond the control of the applicant which warrant
approval of the extension.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pallm
Desert, California, as follows:
I . ]list the above recitations are true and correct and constitute the
findings of the council in this case.
2. That the appeal of the planning commission denial is hereby approved
and extension is hereby granted to June 6, 1987.
PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council , held on the 19th day of December, 1985, by the following vote, to
wit:
AYES: BENSON, JACKSON, SNYDER, WILSON & KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RICHARD KELLY, Mayor
ATTEST:
SHE R. GILLIGAN, City Clerk
City of Palm Desert, California
/dlg
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: November 17, 1982
J.M. PETERS CO. STAN MORSE, CONSULTING ENG.
1601 Dove Street, Ste 190 73-255 E1 Paseo
Newport Beach, CA 92660 Palm Desert, CA 92260
Re: Case No. TT 16133
The Planning Commission of the City of Palm Desert has considered your request and
taken the following action at its meeting of November 16, 1982.
APPROVED TIME EXTENSION TO DECEMBER 26, 1983
Any appeal of the above action may be made in writing to the director of environmental
services, City of Palm De�Art, within fifteen (15) days of the date of the decision.
U
RAMON A. DIAZ, SECRETARY
PLANNING COMMISSION
RAD/lcr
cc: File
RESOLUTION NO. 80-77 "
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE
TRACT MAP TO ALLOW THE CONSTRUCTION OF 156
RESIDENTIAL UNITS ON APPROXIMATELY 34.06 ACRES
LOCATED AT THE NORTHEAST CORNER OF COOK STREET
AND HOVLEY LANE.
CASE NO. TT 16133
WHEREAS, the City Council of the City of Palm Desert, California, did
on the 26th day of June, 1980, hold a duly noticed Public Hearing to consider a
request by J. M. PETERS for approval of a Tentative Tract Map to subdivide a
parcel of land into 163 lots for 156 residential units on approximately 34.06
gross acres within the PR(5) , S.P. (Planned Residential , maximum 5 d.u./ac. ,
Scenic Preservation Overlay) zone located at the northeast corner of Hovley Lane
and Cook Street, more particularly described as:
APN 619-060-024
WHEREAS, the Planning Commission, by Resolution No. 603, 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 Case No. C/Z 11-78 and no
further evaluation is deemed necessary.
WHEREAS, at said Public Hearing, upon hearing and considering all testi-
mony 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 improve-
ments 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 consti-
tute the findings of the Council in this case.
2. That it does hereby approve the above described Tentative
Map No. 16133 for the reasons set forth in this Resolution
and subject to the attached conditions.
FURTHER, BE IT RESOLVED that the 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 Desert
City Council , held on this 26th day of June , 1980, by the following vote, to wit:
AYES: McPherson, Newbrander, Puluqi , Snyder and Wilsso
NOES: None
ABSENT: None
ABSTAIN: None
OY WXLSON, MAYOR
ATTEST:
a
JA17 J
SHEILA R. GILLI AN, CITY C K
CITY OF PALM DESERT, CALF RNIA
1
RESOLUTION NO. 80-r Page Two r ,
. 1 '
t,
STANDARD CONDITIONS OF APPROVAL
CASE NO. TENTATIVE TRACT 16133
I. The development of the property described herein shall be subject to the
restrictions and limitations set forth herein which are in addition to all
the requirements , limitations, and restrictions of all municipal ordinances
and State and Federal statutes now in force, or which hereafter may be in
force.
2. 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 Cook Street and Via Cinta (except for those openings
approved in Case Nos. DP 04-80 and 204 MF) 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
i 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 buildings. An
adequate number of fire hydrants with required fire flows shall be installed
as recommended by the Fire Marshal .
12. Prior to recordation of the Final Map, the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
13. All requirements of the City Fire Marshal from his letter of May 22, 1980,
shall be met as a part of the development of this tract.
14. The water system shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the
design of the water system of Tract No. 16133 is in accordance with the require-
ments prescribed by the City Fire Marshal ."
15. Drainage shall be subject to approval of the City Engineer. Applicant shall
provide engineered data as requested.
ti RESOLUTION NO. 80-77 7 Page Three
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
04-80 and related Design Review Case No. 204 MF, shall be met as a part of
the development of this tract.
18. The total number of lots shall be limited to 164 for dwelling units, common
areas, with lettered lots as necessary to identify private street rights-of-
way.
19. The applicant shall have twelve (12) months from the date of the approval or J
conditional approval of the tentative map for filing of the final map unless )I
an extension of time of up to eighteen (18) months is granted by a Resolu-
tion of the City Council . This action shall include the establishment of the
time limit for Design Review Board case known as Case No. 204 MF to run
concurrently with the tentative map.
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 in-lieu fees for park and recreation purposes to comply
with the requirements of Article 26.48 of the City of Palm Desert Subdivision
Ordinance.
SPECIAL CONDITIONS
1. Safety street lighting as required by the Director of Public Works shall be
installed at (1) the main entrance on Cook Street, (2) the intersection of
Hovley Lane and Cook Street, (3) the entrance on Via Cinta and, (4) the
intersection of Hovley Lane and Via Cinta.
2. All required street improvements shall be constructed along Hovley Lane,
Cook Street, and Via Cinta in accordance with the City of Palm Desert
standards.
3. The portion of Master Storm Drain labeled C-4 lying within the subject
parcel shall be constructed as a part of this subdivision with necessary
easements dedicated therefore. Storm drain construction costs in excess of
the drainage acreage fee will be subject to reimbursement to the developer
with approval of the Public Works Director.
4. Subdivision shall be designed to retain a minimum ten year storm intensity
on-site.
5. The engineer for this development shall , as a part of this development,
design the Cook Street storm drain system for the subject site and the
upstream parcels through to the intersection of Hovley Lane and Via Cinta.
6. Subdivider shall provide right-of-way improvements on Cook Street as follows:
Dedication and improvement of a 55 foot half street travel
lanes, raised center median, and left turn lanes as required
with area between curb and tract boundary wall developed
with ornamental and blowsand planting.
7. Area between curb and tract boundary wall to be developed with ornamental
landscaping on Hovley Lane and Via Cinta. 1
8. Blowsand planting to be provided along northern boundary of subdivision.
9. Subdivision to be provided with minimum six foot high solid masonry wall J
around project (except for approved openings) , as approved through the
Design Review Process.
RESOLUTION NO. 80-77 Page Four
- a
DEPARTMENT OF FIRE PROTECTION
^`- IN COOPERATION WITH THE
CO UNTYsv`_z�` ' CALIFORNIA DIVISION OF FORESTRY
t RIVERSIDE: ~j; DAVID L. FLAKE
COUNTY FIRE WARDEN P.O. BOX 248
270 WEST SAN JACINTO STREET
PERRIS, CALIFORNIAO 92370
TELEPHONE 1714) 657-3183
May 22, 1980
Paul A. Williams ' : z
Director of Environmental Services
City of Palm Desert
45-275 Prickly Pear Lane erw "1j T
Palm Desert, Ca. 92260
Reference: Tentative Tract No. 16133
Gentlemen :
Provide the following fire protection in accordance with the Uniform Fire Code:
I. Install a water system capable of delivering 2500 GPM fire flow from any
fire hydrant for a two (2) hour duration in addition to domestic supply. The
computation shall be based upon a minimum of 20 psi residual operating pressure
in the supply main from which the flow is measured at the time of measurement.
2. Install Riverside County super fire hydrants located at each street intersection
(a) but not greater than 500 feet apart in any direction.
JA. Exterior surface of hydrant barrels and heads shall be painted chrome yellow,
and the tops and nozzle caps shall be painted green.
B. Curbs shall be painted red 15 feet in either direction from each hydrant.
j 3. Prior to recordation of the final map, the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
4. The water system plan shall be signed by a registered civil engineer and
approved by the water company, with the following certification : "I certify that
the design of the water system in Tract No. 16133 is in accordance with the
requirements prescribed by the Fire Marshal . " Upon approval , the original plan
will be returned to the developer.
5. Prior to delivery of combustible materials to the building site, the required
water system shall be installed, operating and delivering the required flow.
6. Parking shall be allowed on one side of streets less than 38 feet wide.
U truly yours/
Cis � /V�/ti;
lEric L. Vogt
JFire Marshal
ELV:dt
CC: CVCWD; J. Zimmerman
t
1
i
MINUTES
PALM DESERT PLANNING COMMISSION MEETING
TUESDAY - NOVEMBER 16, 1982
2:00 P.M. - CITY HALL COUNCIL CHAMBERS
I. CALL TO ORDER
Chairman Wood called the meeting to order at 2:00 p.m.
11. PLEDGE OF ALLEGIANCE - Commissioner Crites
III. ROLL CALL
Members Present: Commissioner Crites
Commissioner Downs
Commissioner Kryder
Commissioner Richards
Chairman Wood
Staff Present: Ramon Diaz
Stan Sawa
Steve Smith
Linda Russell
Barry McClellan
IV. APPROVAL OF MINUTES: November 8, 1982
Chairman Wood approved the minutes as submitted.
V. SUMMARY OF COUNCIL ACTION - NONE
VI. CONSENT CALENDAR
All matters listed on the consent calendar are considered to be routine and will be
enacted by one roll call vote. There will be no separate discussion of these items
unless members of the planning commission or audience request specific items be
removed from the consent calendar for separate discussion and action.
Case No. TT 16133, J.M. PETERS CO. - Approval of an one year extension
of time for a tentative tract map for 156 condominium units on 34 acres at
the northeast corner of Hovley Lane and Cook Street.
Rec:
Approve as presented.
Moved by Commissioner Downs, seconded by Commissioner Crites, to approve the
consent calendar item as presented. Carried unanimously 5-0.
VII. PUBLIC HEARINGS
A. Case No. TT 18942 - PALM DESERT TOWN CENTER ASSOCIATES,
Applicants
Request for approval of a tentative tract map to create up
to nine (9) lots in the PC (3) S.P. zone located at the
northeast corner of Hwy 111 and El Paseo (west).
Mr. Sawa reviewed the staff report and proposed conditions. Staff recommended
approval.
Commissioner Kryder voiced a concern as to whether the parking lot would still
function properly with these lot separations. Mr. Sawa responsed that the parking area
would not change and will continue to function as one project.
Chairman Wood opened the public hearing and asked if the applicant wished to
-1-
City of Palm Desert
Department of Environmental Services
Staff Report
TO: Planning Commission
DATE: November 16, 1982
CASE NO: TT 16133
REQUEST:
Approval of an one year extension of time for a tentative tract map for 156
condominium units on 34 acres at the northeast corner of Hovley Lane and
Cook Street.
APPLICANTS:
J.M. PETERS CO. STAN MORSE, CONSULTING ENG.
1601 Dove Street, Ste 190 73-255 El Paseo
Newport Beach, CA 92660 Palm Desert, CA 92260
I. DISCUSSION•
This tentative map implements DP 04-80 and 204 MF which were approved April 1,
1980, and extended to April 1, 1983. This map was approved June 3, 1980, and
granted an eighteen month extension to December 26, 1982. The applicant is
requesting the last one year extension that is allowed by code.
II. STAFF RECOMMENDATION:
Staff feels this request is acceptable and recommends approval of an extension to
December 26, 1983.
III. ATTACHMENTS:
A. Letter of Request
B. Vicinity Map
Prepared by
Reviewed and Approved by
/lr
ao
September 9, 1982
Honorable Planning Commission
CI-TY OF PALM-DESERT—_---..-:
P.O. Box 1977
Palm Desert, CA 92261
Subject: Request for Extension of Tentative Tract 16,133
Honorable Members of The Commission:
The J.M. Peters Company is requesting an extension of previously
approved Tentative Tract 16,133. If the J.M. Peters Company needs
to submit additional information to initiate this request please
call my office. Our records indicate that Tentative Tract 16,133
expires December 26, 1982.
Very truly yours,
Robert J. Trapp
Director of Forward Planning
RJT:hm
COI/NLQy CLUB O
I.
6133
N
LANE
42 uD AVE.
V
�l LJ 1J LJ J.M.PETERS COMPANY, INC
a ( W ORT BEACH,CALIFORNIA
MA 92660 �P��Gib
714) 833-9331 g- �
SAP }, 019�2
September 9, 1982 E14,4 NMEpALM oESERTs e( R t�°r
cv" of Ske�
�e� SIN �arie
Honorable Planning Commission
CITY OF PALM DESERT
P.O. Box 1977
Palm Desert, CA 92261
Subject: Request for Extension of Tentative Tract 16,133
Honorable Members of The Commission:
The J.M. Peters Company is requesting an extension of previously
approved Tentative Tract 16,133. If the J.M. Peters Company needs
to submit additional information to initiate this request please
call my office. Our records indicate that Tentative Tract 16,133
expires December 26, 1982.
Very truly yours,
Robert J. Trapp
Director of Forward Planning
RJT:hm
J `
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
May 8, 1981
CITY OF PALM DESERT
LEGAL NOTICE
REQUEST FOR APPROVAL OF AN 18 MONTH TIME EXTENSION
OF A 163 LOT TENTATIVE TRACT MAP TO ALLOW 156 CONDO-
MINIUM UNITS ON 34 ACRES LOCATED AT THE NORTHEAST
CORNER OF COOK STREET AND HOVLEY LANE.
CASE NO. TT 16133 (Time Extension)
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the
Palm Desert City Council to consider a request by J.M. PETERS COMPANY
for an 18 month Time Extension of an approved 163 lot Tentative Tract
Map to allow 156 condominium units on 34 acres within the PR-5, S.P.
(Planned Residential , 5 d.u./acre, Scenic Preservation Overlay) zone,
generally located at the northeast corner of Hovley Lane and Cook St. ,
more particularly described as:
I APN 619-0I60-024 {I
I •;.� a cov/ ;_r CLUE OR/✓E t
' bi33
42
' •. I _ .. -._. / - i NOYLEY LANE .
SAID Public Hearing will be held on May 28, 1981, at 7:00 p.m.
in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear
Lane, Palm Desert, California, at which time and place all interested
persons are invited to attend and be heard.
SHEILA R. GILLIGAN, City Clerk
City of Palm Desert, California
PUBLISH: Palm Desert Post
May 14, 1981
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
June 1, 1981
J. M. Peters Company
1601 Dove Street , Ste . 190
Newport Beach, California 92660
Subject : Request for Approval of 18 month Time Extension
TT 16133
Gentlemen:
At its regular meeting of May 28 , 1981, the Palm Desert City
Council approved the subject request by adopting Resolution No .
81-85 . I am enclosing a copy of said resolution for your files .
If you have any questions , please do not hesitate to contact me :
Sincerely,
CiwCX� e� -
SHEILA R. GILLIGAN
CITY CLERK
SRG/dc
Enclosure (as noted)
CC : Ballew/McFarland, Inc .
RESOLUTION NO. 81-85
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING
AN 18 MONTH EXTENSION PURSUANT TO THE PROVISIONS OF
SECTION 26.20.140 OF THE PALM DESERT MUNICIPAL CODE
FOR APPROVED TENTATIVE TRACT MAP TT 16133.
CASE NO. TT 16133 (TIME EXTENSION)
WHEREAS, the City Council of the City of Palm Desert, California,
did on the 28th day of May, 1981 , receive a request from J.M. PETERS COMPANY
for an 18 month Time Extension of .an approved 163 lot Tentative Tract Map to
allow 156 condominium units on 34 acres within the PR-5, S.P. (Planned Resi-
dential , 5 d.u./acre, Scenic Preservation Overlay) zone, generally located at
the northeast corner of Hovley Lane and Cook Street.
WHEREAS, the City Council is empowered to grant time extensions
of up to eighteen months for filing of the final map in Section 26. 20.140 of
the Palm Desert Municipal Code; and
WHEREAS, the City Council did find the following reasons to exist
to justify the granting of said time extension.
1 . Granting the time extension will not in any way adversely
affect the public health, safety or general welfare.
2. The applicant is not proposing any changes to the project
and the situation in the vicinity of the project is un-
changed since the subject tentative tract was originally
approved.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Palm Desert, California, as follows:
1 . That J.M. PETERS COMPANY is hereby granted an 18 month
time extension of the approval of Tentative Tract Map
16133.
2. That the Final Map for Tract No. 16133 must be filed
prior to December 26, 1982, to preserve the validity
of said tract.
3. That Tentative Tract Map 16133 is subject to all conditions
of Resolution No.80-77.
PASSED, APPROVED and ADOPTED by the City Council of the City of
Palm Desert, California, this 28th day of May , 1981 by the following
vote, to wit:
AYES: McPherson, Newbrander, Puluqi, Snyder & Wilson
NOES: None
ABSENT: None
ABSTAIN: None
S. LSON, MAYOR
ATTEST:
z
SHEILA R. GILL All, City rk
City of Palm Desert, Cal rnia
pa.
i
7Zril
April 28 , 1981
CITY COUNCIL
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, California 92260
Re : J. M. Peters Co.
Tract No. 16133
Honorable Council Members :
As representatives of J. M. Peters Co. , we respectfully
request your approval of an 18 month extension of time
for Tentative Tract No. 16133 .
Enclosed please find a check in the amount of $50.00 to
cover the above costs and mailing labels for property
owners within the 300 foot radius .
Should you have any questions regarding this request,
please feel free to contact us .
Thank you.
BALLEW/McFARLAND, INC .
M. P. MARTIN
Executive Director IF IV ED
APR 2 1981
planners • architects MPM/dk
landscape architects ENVirtVrvb'i�Iv1AL SERVICES
Encl. CITY OF PALM DESERT,
74075 EL Paseo,
SuiteA-7 cc : J. M. Peters Co.
Palm Desert,
California 92260
(714) 566-5628 _ R E C F I V E D
Irvine,.CaliforRia APR
(714) 751-4629 Hf R 2 9 1987
Foreign Offices ENVIROw NILNIAL SERVICES
CITY°bt.iPALM,=DESF,RT
Kuala Lumpur,
Singapore
pIATEq
- ESTABLISHED IN 1918 AS A PUBLIC 1CV
��ST RICE
COACHELLA VALLEY WATER DISTRICT
POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (714) 398-2651
DIRECTORS OFFICERS
RAYMOND R.RUMMONDS.PRESIDENT LOW ELL O.WEEKS,GENERAL MANAGER-CHIEF ENGINEER
TELLIS COOEKAS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY
C,J.FROST DENNIS M.HACKETT,AUDITOR
PAUL W.NICHOLS REDWINE AND SHERRILL,ATTORNEYS
STEVE D.BUXTON
May 30, 1980 File: 0163. 11
o421 . 1
0721 . 1
5�
Department of Environmental Services
City of Palm Desert
P. 0. Box 1977
Palm Desert, California 92261
Re: Tract-16133,-, SW,, Sec. 10,
T5S, RISE, S.B.M.
Gentlemen:
This area lies on the sandy area north of Indian (dells and is considered
safe from stormwater flows except in rare instances.
The District will furnish domestic water and sanitation service to this area
in accordance with the currently prevailing regulations of this District.
This area shall be annexed to Improvement District Nos . 53 and 30 of the
Coachella Valley Water District for sanitation service.
9
Very tr�uly yours,
1pl �/�,
A
Lowell Weeks
General Manager-Chief engineer
CS:dlg
cc: Riverside County
Department of Public Health
46-209 Oasis Street
Indio, California 92201
Attention: Don Park
45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260
TELEPHONE (714) 346-0611
July 1, 1980
J. M. Peters Company
1601 Dove Street, Suite 190
Newport Beach, California 92660
Subject: Request for Approval of TT 16333
Gentlemen:
At its regular meeting of June 26 , 1980, the Palm Desert
City Council did approve the subject tract by adopting
Resolution No . 80-77 . I am enclosing a copy of this resolu-
tion for your files .
If you have any questions , please do not hesitate to contact
me .
Sincerely,
SHEILA R. GILLIGAN
CITY CLERK
SRG/dc
Enclosure (as noted)
CITY OF HALM DESERT
REASURER'S RECEF 4 816
RECEIVED OF:
,7:/y1 . i�e�tl�s
DATE ""D 1 AMOUNT S
FOR ��✓�'� �" [^`�'�"� '
—=A1 � 133
RECEIVED CITY TU.EiER
ACCOUNTU NO. AMOUNT
L�
CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE
PAYOR
CITY OF PALM DESERT
TRANSMITTAL LETTER
I . TO: Honorable Mayor and City Council
II. REQUEST: Approval of a Tentative Tract Map to subdivide a parcel of land
into 163 lots for 156 residential units on approximately 34.06
acres within the PR(5) , S.P. (Planned Residential , maximum 5
dwelling units per acre, Scenic Preservation Overlay) zone
generally located at the northeast corner of Hovley Lane and
Cook Street.
III . APPLICANT: J. M. PETERS
1601 Dove Street, Suite 190
Newport Beach, California 92660
IV. CASE NO: TT 16133
V. DATE: June 26, 1980
VI. CONTENTS:
A. Staff Recommendation.
B. Discussion.
C. Draft Resolution No. 80-77.
D. Planning Commission Minutes involving Case No. TT 16133.
E. Planning Commission Resolution No. 603.
F. Planning Commission Staff Report dated June 3, 1980.
G. Related maps and/or exhibits.
---------------------------------------------------------------------------------------
A. STAFF RECOMMENDATION:
Waive further. reading and adopt Resolution No. 80-77, approving TT 16133.
B. DISCUSSION:
The subject map would implement the recently approved Development Plan and prelimi-
nary Design Review case for this property. The proposed project would create 163
lots for a 156 unit condominium project. The Planning Commission considered this
request at their meeting of June 3, 1980. The applicant requested a modification
so that their Tentative Tract Map and preliminary Design Review case approvals would
run concurrently. The Planning Commission felt this was acceptable. Thereafter,
the Planning Commission voted to recommend approval of this Tentative Tract flap with
conditions as amended, to the City Council .
RESOLUTION NO. 80-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE
TRACT MAP TO ALLOW THE CONSTRUCTION OF 156
RESIDENTIAL UNITS ON APPROXIMATELY 34.06 ACRES
LOCATED AT THE NORTHEAST CORNER OF COOK STREET
AND HOVLEY LANE.
CASE NO. TT 16133
WHEREAS, the City Council of the City of Palm Desert, California, did
on the 26th day of June, 1980, hold a duly noticed Public Hearing to consider a
request by J. M. PETERS for approval of a Tentative Tract Map to subdivide a
parcel of land into 163 lots for 156 residential units on approximately 34.06
gross acres within the PR(5) , S.P. (Planned Residential , maximum 5 d.u./ac. ,
Scenic Preservation Overlay) zone located at the northeast corner of Hovley Lane
and Cook Street, more particularly described as:
APN 619-060-024
WHEREAS, the Planning Commission, by Resolution No. 603, 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 Case No. C/Z 11-78 and no
further evaluation is deemed necessary.
WHEREAS, at said Public Hearing, upon hearing and considering all testi-
mony 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 improve-
ments 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 consti-
tute the findings of the Council in this case.
2. That it does hereby approve the above described Tentative
Map No. 16133 for the reasons set forth in this Resolution
and subject to the attached conditions.
FURTHER, BE IT RESOLVED that the 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 Desert
City Council , held on this day of 1980, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
S. ROY WILSON, MAYOR
ATTEST:
SHEILA R. GILLIGAN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
RESOLUTION NO. 80-7- Page Two
STANDARD CONDITIONS OF APPROVAL
CASE NO. TENTATIVE TRACT 16133
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 Cook Street and Via Cinta (except for those openings
approved in Case Nos. DP 04-80 and 204 MF) 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 buildings. An
adequate number of fire hydrants with required fire flows shall be installed
as recommended by the Fire Marshal .
12. Prior to recordation of the Final Map, the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
13. All requirements of the City Fire Marshal from his letter of May 22, 1980,
shall be met as a part of the development of this tract.
14. The water system shall be signed by a registered civil engineer and approved
by the water company, with the following certification: "I certify that the
design of the water system of Tract No. 16133 is in accordance with the require-
ments prescribed by the City Fire Marshal . "
15. Drainage shall be subject to approval of the City Engineer. Applicant shall
provide engineered data as requested.
RESOLUTION NO. 80-7' Page Three
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
04-80 and related Design Review Case No. 204 MF, shall be met as a part of
the development of this tract. ,-,
18. The total number of lots shall be limited to 164 for dwelling units, common
areas, with lettered lots as necessary to identify private street rights-of-
way.
19. The applicant shall have twelve (12) months from the date of the approval or I
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 Resolu-
tion of the City Council . This action shall include the establishment of the
time limit for Design Review Board case known as Case No. 204 MF to run
concurrently with the tentative map.
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 in-lieu fees for park and recreation purposes to comply
with the requirements of Article 26.48 of the City of Palm Desert Subdivision
Ordinance.
SPECIAL CONDITIONS
1. Safety street lighting as required by the Director of Public Works shall be
installed at (1) the main entrance on Cook Street, (2) the intersection of
Hovley Lane and Cook Street, (3) the entrance on Via Cinta and, (4) the
intersection of Hovley Lane and Via Cinta.
2. All required street improvements shall be constructed along Hovley Lane,
Cook Street, and Via Cinta in accordance with the City of Palm Desert
standards.
3. The portion of Master Storm Drain labeled C-4 lying within the subject
parcel shall be constructed as a part of this subdivision with necessary
easements dedicated therefore. Storm drain construction costs in excess of
the drainage acreage fee will be subject to reimbursement to the developer
with approval of the Public Works Director.
4. Subdivision shall be designed to retain a minimum ten year storm intensity
on-site.
5. The engineer for this development shall , as a part of this development,
design the Cook Street storm drain system for the subject site and the
upstream parcels through to the intersection of Hovley Lane and Via Cinta.
6. Subdivider shall provide right-of-way improvements on Cook Street as follows :
Dedication and improvement of a 55 foot half street travel
lanes, raised center median, and left turn lanes as required
with area between curb and tract boundary wall developed
with ornamental and blowsand planting.
7. Area between curb and tract boundary wall to be developed with ornamental
landscaping on Hovley Lane and Via Cinta.
8. Blowsand planting to be provided along northern boundary of subdivision.
9. Subdivision to be provided with minimum six foot high solid masonry wall
around project (except for approved openings) , as approved through the
Design Review Process.
RESOLUTION NO. 80-77 Page Four
DEPARTMENT OF FIRE PROTECTION
-'.L� - pTq,g- �a•... IN COOPERATION WITH THE
p 3• CO U. TY �9T_';.�.. CALIFORNIA DIVISION OF FORESTRY
ti t xfv�Hs�n� •"f
DAVID L. FLAKE
COUNTY FIRE WARDEN P.O. BOX 248
210 WEST SAN JACINTO STREET
PERRIS, CALIFORNIA 92370
TELEPHONE (714) 657-3183
May 22, 1980
t~. ,
Paul A. Williams
Director of Environmental Services
City of Palm Desert r
45-275 Prickly Pear Lane
Palm Desert, Ca. 92260
Reference: Tentative Tract No. 16133
Gentlemen :
Provide the following fire protection in accordance with the Uniform Fire Code:
I. Install a water system capable of delivering 2500 GPM fire flow from any
fire hydrant for a two (2) hour duration in addition to domestic supply. The
computation shall be based upon a minimum of 20 psi residual operating pressure
in the supply main from which the flow is measured at the time of measurement.
2. Install Riverside County super fire hydrants located at each street intersection
(a) but not greater than 500 feet apart in any direction.
L A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow,
and the tops and nozzle caps shall be painted green.
B. Curbs shall be painted red 15 feet in either direction from each hydrant.
3. Prior to recordation of the final map , the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
4. The water system plan shall be signed by a registered civil engineer and
approved by the water company, with the following certification : "I certify that i
the design of the water system in Tract No. 16133 is in accordance with the
requirements prescribed by the Fire Marshal . " Upon approval , the original plan
will be returned to the developer.
5. Prior to delivery of combustible materials to the building site , the required
water system shall be installed, operating and delivering the required flow.
6. Parking shall be allowed on one side of streets less than 38 feet wide.
V�q,, truly yblars� _
Eric L. Vogt
Fire Marshal
ELV:dt
CC: CVCIdD; J. Zimmerman
MINUTES
PALM DESERT PLANNING COMMISSION
JUNE 3, 1980 Page 7
--------------------------------------------------7---------------------------------
VI. PUBLIC HEARINGS (continued)
G. Case No. TT 16133 - J.M.., PETERS CO. , Applicant
Request for approval of.a Tentative Tract Map to subdivide a
parcel of land into 163 lots for 156 residential units on
approximately 34.06 gross acres within the PR(5) , S.P.
(Planned Residential , maximum 5 dwelling units per acre,
Scenic Preservation Overlay) zone generally located at the
northeast corner of Hovley Lane and Cook Street.
Mr. Williams reviewed the conditions which addressed street improvements
and recommended approval to the City Council .
Chairman Miller opened the Public Hearing asking if the applicant cared
to make a presentation.
MR. BOB TRACT, requested that Condition No. 19 be modified to have the
expiration date of the Tentative Tract Map concur with the related previously
approved design review case.
Commission agreed to amend condition No. 19 to read: "The applicant shall
have twelve months from the date of the approval or conditions approval of the
tentative map for filing of the final map unless an extension of time of up to
eighteen months is granted by a Resolution of the City Council . This action shall
include the establishment of the time limit for Design Review Board case known as
Case 204 MF to run concurrently with the tentative map. "
Chairman Miller asked if there was anyone present who wished to speak in
FAVOR or OPPOSITION to this case. There being none, the'Public Hearing was closed.
Motion was made by Commissioner Richards, seconded by Commissioner Kryder,
to approve this case by adoption of Planning Commission Resolution No. 603, as
amended. Carried unanimously (5-0) .
H. Cas No. PM 16258 - STEIN-BRIEF VISTA GROUP, Applicant
Reque t for approval of a Parcel Map to create two parcels for
the de lopment of 414 unit hotel/condominium complex with
21,365 s uare foot racquet club and 50,000 square feet of pro-
fessional nd commercial spaces within the PC(4) , S.P. (Planned
Commercial , Resort, Scenic Preservation Overlay) zone located
at the south est corner of Highway 111 and 44th Avenue.
Mr. Williams stated hat because related case Nos. DP 03-80 and VAR 03-80
have been continued, he reco ended that this case be continued to June 18, 1980.
Chairman Miller opened e Public Hearing asking if anyone wished to speak
in FAVOR or OPPOSITION to this c se. There being none, motion was made by
Commissioner Berkey, seconded by ommissioner Kryder, to continue Case No. PM 16258
to June 18, 1980. Carried Unanimo ly (5-0) .
I. Case No. CUP 04-80 and VAR 04-80 - BILL GUENTHER, Applicant
Request for approval of Cond tional Use Permit and Variance to
allow the rehabilitation of a existing building and construction
of an off-site parking lot loca ed at the northwest corner of
Portola Avenue and Palm Desert D ive (Hwy 111) and the north-
east corner of San Jacinto Avenue nd Alessandro Drive, respectively.
Mr. Williams stated that the applicant in icated he would send a letter with-
drawing this request and that the letter had not een received to date. Mr. Williams
stated that Commission could deny this request wit out prejudice or continue until
the letter by the applicant is received.
Motion was made by Commissioner Richards, seco ded by Commissioner Berkey,
to deny this request without prejudice, by adoption o Planning Commission Resolution
No. 604. Carried unanimously (5-0).
L - -
PLANNING COMMISSION RESOLUTION NO. 603
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 156
RESIDENTIAL UNITS ON APPROXIMATELY 34.06 ACRES LOCATED AT THE
NORTHEAST CORNER OF COOK STREET AND HOVLEY LANE.
CASE NO. TT16133
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 3rd day of June, 1980, hold a duly noticed Public Hearing to
consider a request by J.H. PETERS for approval of a Tentative Tract Map to
subdivide a parcel of land into 164 lots for 156 residential units on
approximately 34.06 gross acres within the PR(5) , S.P. (Planned Residential ,
max. 5d.u./ac, Scenic Preservation Overlay; zone located at the northeast
corner of Hovley Lane and Cook Street, more particularly described as:
APN 619-060-024
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 Case Nos . C/Z 11-78
and no further evaluations deemed necessary.
WHEREAS, at said Public Hearing, upon hearing and considering the
testimony and .arguments , if any, of all interested persons desiring to be
heard, said Planning Commission did find the following facts to justify their
recommendations and actions as described below:
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 these cases;
2. That the Planning Commission does hereby recommend to the
City Council conditional approval of the above described
Tentative Map No. 16133 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, within five (5)
years of the recordation of the final map.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 3rd day of June, 1980, by the following
vote, to wit:
AYES: BERKEY, KRYDER, MCLACHLAN, RICHARDS, MILLER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: CHARLES MILLER, Chairman
PLANNING COMMISSION d UTION NO. 603 r Page 2
STANDARD CONDITIONS OF APPROVAL
CASE NO. TENTATIVE TRACT,16133
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 Cook Street and Via Cinta (except for those
openings approved in Case Nos. DP 04-80 and 204 MF) 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. An adequate number of fire hydrants with required fire
flows shall be installed as recommended by the Fire Marshal .
12. Prior to recordation of the Final Map, the developer shall furnish
the original and three (3) copies of the water system plan to
the Fire Marshal for review.
13. All requirements of the City Fire Marshal from his letter of May 22,
1980, shall be met as a part of the development of this tract.
14. The water system shall be signed by a registered civil engineer and
approved by the water company, with the following certification: "I
certify that the design of the water system of Tract No. 16133 is in
accordance with the requirements prescribed by the City Fire Marshal . "
PLANNING COMMISSION RESLIUN NO. 603 �� Page 3
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
04-80 and related Design Review Case No. 204 MF, shall be met as part of
the development of this tract.
13. The total number of lots shall be limited to 164 for dwelling units , common
areas, with lettered lots as necessary to identify private street rights-of-
way.
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 . This action shall include the establishment of the time
limit for Design Review Board case known as Case 204 MF to run concurrently with
the tentative map.
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 in-lieu fees for park and recreation purposes to comply
with the requirements of Article 26.48 of the City of Palm Desert Subdivision
Ordinance.
SPECIAL CONDITIONS
1 . Safety street lighting as required by the Director of Public Works shall be
installed at (1 ) the main entrance on Cook Street, (2) the intersection of
Hovley Lane and Cook Street, (3) the entrance on Via Cinta and, (4) the
intersection of Hovley Lane and Via Cinta.
2. All required street improvements shall be constructed along Hovley Lane,
Cook Street, and Via Cinta in accordance with the City of Palm Desert
standards.
3. The portion of Master Storm Drain labeled C-4 lying within the subject parcel
shall be constructed as a part of this subdivision with necessary easements
dedicated therefore. Storm Drain construction costs in excess of the drainage
acreage fee will be subject to reimbursement to the developer with approval of
the Public Works Director.
4. Subdivision shall be designed to retain a minimum ten year storm intensity
on-site.
5. The engineer for this development shall , as a part of this development, design
the Cook Street storm drain system for the subject site and the upstream
parcels through to the intersection of Hovley Lane and Via Cinta.
6. Subdivider shall provide right-of-way improvements on Cook Street as follows :
Dedication and improvement of a 55 foot half street travel
lanes , raised center median, and left turn lanes as required
with area between curb and tract boundary wall developed
with ornamental and blowsand planting.
7. Area between curb and tract boundary wall to be developed with ornamental
landscaping on Hovley Lane and Via Cinta.
8. Blowsand planting to be provided along northern boundary of subdivision.
9. Subdivision to be provided with minimum 6 foot high solid masonary wall
around project (except for approved openings) , as approved through the
Design Review Process.
PLANNING COMMISSION
RESOLUTION NO. Page Four
e---� ! i
L' DEPARTMENT OF FIRE PROTECTION
AX IN COOPERATION WITH THE
+ COUNTY Jil CALIFORNIA DIVISION OF FORESTRY
T R/1'GRSIDE DAVID L. FLAKE
P.D. aox zae
COUNTY FIRE WARDEN
710 WEST SAN IA CIN iO STREET
PERRIS, CALIFORNIA 92370
TELEPHONE (714) 657-3183
May 22, 1980
j4
Paul A. Williams
Director of Environmental Services
City of Palm Desert "s
45-275 Prickly Pear Lane
Palm Desert, Ca. 92260
Reference: Tentative Tract No. 16133
Gentlemen :
Provide the following fire protection in accordance with the Uniform Fire Code:
1. Install a water system capable of delivering 2500 GPM fire flow from any
fire hydrant for a two (2) hour duration in addition to domestic supply. The
computation shall be based upon a minimum of 20 psi residual operating pressure
in the supply main from which the flow is measured at the time of measurement.
2. Install Riverside County super fire hydrants located at each street intersection
(a) but not greater than 500 feet apart in any direction.
A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow,
and the tops and nozzle caps shall be painted green.
B. Curbs shall be painted red 15 feet in either direction from each hydrant.
3. Prior to recordation of the final map , the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
4. The water system plan shall be signed by a registered civil engineer and
aoproved by the water company, with the following certification : "I certify that
the design of the water system in Tract No. 16133 is in accordance with the
requirements prescribed by the Fire Marshal . " Upon approval , the original plan
will be returned to the developer.
I
5. Prior to delivery of combustible materials to the building site, the required
water system shall be installed, operating and delivering the required flow.
i
6. Parking shall be allowed on one side of streets less than 38 feet wide.
i
i
V�r truly p y urs ,
/ I
Eric L. Vogt
C Fire Marshal
ELV:dt
CC: CVCIJD; J. Zimmerman
CITY OF PALM DESERT
STAFF REPORT
TO: Planning Commission
REPORT ON: Tentative Tract Map --
APPLICANT: J.M. Peters Co.
1601 Dove Street
Suite 190
Newport Beach, CA 92660
CASE NO: TT 16133 (REF: DP 04-80 and 204 MF)
DATE: JUNE 3, 1980
I. REQUEST:
TO consider a request by J.M. PETERS COMPANY for approval of a Tentative
Tract Map to subdivide a parcel of land into 163 lots for 156 residential
units on approximately 34.06 gross .acres within the PR(5) , S.P. (Planned
Residential , maximum 5 dwelling units per acre, Scenic Preservation Overlay)
zone generally located at the northeast corner of Hovley Lane and Cook
Street,, i
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II . BACKGROUND:
A. ADJACENT ZONING/LAND USE:
North: PR-4, S.P:/Vacant
South: S. I . , S.P./Vacant
East: PR-5/Residential
West: PR-4/Vacant
B. GENERAL PLAN LAND USE DESIGNATION:
Medium Density Residential , 5-7 d.u./ac.
C. ENVIRONMENTAL ASSESSMENT:
The project has been previously accessed in connection with Case
No. C/Z 11-78 and no further documentation is deemed necessary by the
Director.
D. PREVIOUS PERTINENT CASES:
e DP 04-80 J.M. PETERS CO. - A Planned Residential Development for a
156 unit project on 34.06 acres, approved by the Planning Commission
April 1 , 1980.
e 204 MF - J.M. PETERS CO. - Preliminary Design Review for a 156 unit
residential project, approved by the Planning Commission
April 1 , 1980.
STAFF REPORT (CONT- D) '. ?AGE 2
• C/Z 11-78 - a Change of Zone from "S" Study to PR-5, S.P. , PR-5,
S.I . , S.P. , and S. I . on 158.4 acres.
• DP 14-78 - a Planned Residential Development encompassing 115.2
acres including the subject property as a future phase.
• PM 13406 - a Parcel Map to create four parcels including the
subject property.
• DP 19-78 - a Development Plan for a 160 unit residential complex on
the subject property. The approval expired March 27, 1980.
E. MAJOR TRACT IMPROVEMENTS (Required) :
• 55 foot half street improvement of Cook Street includinga raised
median and parkway as required by Director of Public Works.
III. DISCUSSION:
The subject.mao would implement the recently approved Development Plan and
preliminary Design Review case. Beyond the requirements of those approvals,
the recommended Tentative Tract Map conditions address street
improvements.
IV. STAFF RECOMMENDATION: ,
Based on the justification contained in the Resolution:
Recommend approval to the City Council of Case No. TT16133, by adopting
Planning Commission Resolution No. subject to conditions.
'SAZOAHT TENTATIVE
TRACT
NO. 16133
IN THE CITY OF PALM DESERT
COUNTY OF RIVERSIDE CALIFORNIA
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LAND USE SUMMARY
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INTEROFFICE MEMORANDUM
City of Palm Desert
TO: Director of Environmental Services
FROM: Director of Public Works
SUBJECT: TT 16133 DATE: May 14, 1980
(1 ) Traffic safety lighting shall be installed at the main entrance on Cook
Street,at Hovley Lane and Cook Street,at the entrance on Via Centa and
Hovley Lane and Via Centa and the entrance off of Via Centa.
(2) All street improvements shall be constructed along Hovley and Cook Street
and Via Centa in accordance with the City of Palm Desert standards. .
(3) The Master Storm Drain pipe labeled C-4 shall be constructed as a part
of this subdivision and the necessary easements dedicated therefore.
(4) This subdivision shall retain at least a ten-year storm intensity on site.
(5) The engineer for this development shall , as a part of this development,
design the Cook Street storm drain system as shown in the Master Drainage
Plan for the City of Palm Desert to ascertain the storm drain sizing
required for the C-4 drain.
(6) All the required fees for signalization, park and drainage shall be
ap4,licableo this tract.
L. CLYD BEEBE, P.E.
DIRECTOR OF PUBLIC WORKS
LCB/ms
46.10
Southern California Edison Company
36-100 CATHEDRAL CANYON DRIVE
CATHEDRAL CITY, CALIFORNIA 92234
riay 12, 1980 � ' M
TO: City of Palm Desert r vcEs
45-275 Prickly Pear Lane Palm Desert, California 92260 CIV EC1VIFtpC1MENTAL QEgERt
OF p;JJJA
Prnj art: a1 16133
Environmental Impact Report
Gentlemen:
This is to advise that the subject property is located within the
service territory of the Southern California Edison Company, and that the
electric loads of the project are within parameters of projected load growth
which Edison is planning to meet in this area.
Unless the demand for electrical generating capacity exceeds our
estimates, and provided that there are no unexpected outages to major sources
of electrical supply, we e.-pect to meet our electrical load requirements for
the next several years.
Our total system demand is expected to continue to increase
annually; and, if our plans to proceed with future construction of new generat-
ing facilities are delayed, our ability to serve all customer loads during peak
demand periods could become marginal by 1984.
In addition, the major fuel used in Edison's generating facilities
is low sulfur fuel oil. We now believe our low sulfur fuel oil inventory,
together with our contractual commitments for delivery, and our customers'
ccnsei.,ation effort ..M 'iC,;+ ,,C t0 ....,et t}:e for..carted dem Wn.l 'Fnr eln�t+-iri t,
through 1979.
It is our intention to continue to do everything that can reasonably
be accomplished to provide our customers with a continuous and sufficient supply
of electricity.
Very tru
ly yours,
G lenn� �If2
Customer Service Planner
GB:ae
(Rev. 2/79)
4
!
SSCUTIHEr'-,N CALli CJRl�3lA "IC C1 0111�A11'f
3700 CENTRAL AVENUE • RIVERSIDE. CALIFORNIA
R.W.RIDDELL
Eastern Division Mailing Address P.O. BOX 2200. RIVERSIDE, CALIFORNIA 92516
Distribution Planning Supervisor
May 20, 1980
Location of Nearest Gas Main:
Cook Street
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Re: TT 16133
This letter is not to be interpreted as a contractual commitment to
serve the proposed project; but only as an information service. Its
intent is to notify you that the Southern California Gas Coajpany has
facilities in the area where the above named project is proposed. ' Gas
service to the project could .be provided from an existing main Without
any significant impact en the environment. The service would be in
accordance with. tne Gompany's policies and extension rules on file with
the California Public Utilities Commission at the time contractual
arrangements are made.
The availability of natural gas service, as set forth in this letter,
is based upon present conditions of gas supply and regulatory policies.
As a public utility, the Southern California Gas Company is under the
jurisdiction oil the California Public Utilities Commission. We can
also be affected by actions of federal regulatory agencies. Should
these agencies take any action which affects gas Supply 0- the condition
i' - y a� • " ' r?1� be provided in accordance
Ui?Cier•Yth 7Cn service 15 is Vd Icbl'.,, �,5 Scr'ti ':.E �' '
with rovised Conditions.
We have developed several programs which are available, upon request:, to
provide assistance in selecting the most effective applications of energy
conservation techniques for a particular project. If you desire Further
information on any of our energy conservation programs , please contact
this office for assistance.
q,D1SyTRE1'r,1
ATj ESTABLISHED IN 1918 AS A PUBLIC AGENCY -
-
COACHELLA VALLEY WATER DISTRICT
POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (714) 398-2651
DIRECTORS OFFICERS
RAYMOND R.RUMMONDS,PRESIDENT LOWELL 0.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
May 30, 1980 File: 0163. 11
0421 . 1
0721 . 1
Department of Environmental Services
City,of Palm Desert
P. 0. Box 1977
Palm Desert, California 92261
Re: Tract 16133, SWw, Sec. 10,
T5S, RISE, S.B.M.
Gentlemen:
This area lies on the sandy area north of Indian Wells and is considered
safe from stormwater flows except in rare instances.
The District will furnish domestic water and sanitation service tc this area
in accordance with the currently prevailing regulations of this )"strict.
This area shall be annexed to Improvement District Nos. 53 and 30 of the
Coachella Valley Water District for sanitation service.
Very truly yours,
Lowell Weeks
General Manager-Chief Vhgineer
CS:dlg
cc: Riverside County
Department of Public Health
46-209 Oasis Street
Indio, California 92201
Attention: Don Park
F _. �U.S.PCSTAG E;�
®$40W ®:ap Tk7min,n,i,. 33Dm`1�Qb a J64 12'8' zit`%:% 1• -
I:
43,75 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 62260 -
�AL%F. t'.aB:elssL._ T
TELEPHONE(714) 346-0611 73-�255. EL .PASlp STE a''
�« x PALM DERERT CA 9?260 ,
a.
STANLEY MORSE CONSULTING � �
CIVIL EN INEERS, INt. .
45-445 P rtola, Suite 2A
Paln De ert, CA 9'L260 JUN 16 1980
ENVIRUNMENTAL SERVICES
CITY OF PALM DESERT
i
I,,, �,c,c,fj� a-c-cn-�� �
i
I
i
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
May 14, 1980
CITY OF PALM DESERT
LEGAL NOTICE
REQUEST FOR APPROVAL OF A TENTATIVE TRACT SUBDIVISION
OF 163 LOTS FOR 156 RESIDENTIAL UNITS ON PROPERTY
LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF
COOK STREET AND HOVLEY LANE.
CASE NO. TT 16133 (REF: DP 04-80)
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the
Palm Desert City Council to consider a request by J.M. PETERS COMPANY
=� for approval of a Tentative Tract Map to subdivide a parcel of land into
�t 164 lots for 156 residential units on approximately 34.06 gross acres
within the PR(5) , S.P. (Planned Residential , maximum 5 dwellings units
per acre, Scenic Preservation Overlay) zone generally located at the
northeast .corner of Hovley Lane and Cook Street, more particularly
described as :
APN-619-060-024
� _ cOUNT.7Y CLUB O.Q/l�E -
W 6433
.� - ' - , '. I NO✓LEY LANE
\ r w
8 �7f•+�.as sr
N%\I''
`�1L
SAID Public Hearing will be help on Thursday, June 26, 1980
in the Council Chambers in the Palm Desert City Hall , 45-2�5 Prickly
Pear Lane, Palm Desert, California, at which time and place all interested
persons are invited to attend and be heard. This request, if approved
will allow the subdivision of a parcel of land into 163 lots for 156
residential units.
SHEILA n, GILLIGAN, City Clerk
City of Pala Desert , California
PUBLISH: Palm Desert Post
June 12, 1980
m ao
IM.PETERS COMPANY INC,
1601 DOVE ST, SUITE 190,NEWPORT BEACH,CAL 92660
4�14)833-9331
ROBERT J.TRAPP
Director of Forward Planning
SUGGE OF APPROVAL
TRACT 16133
:3 .)The portion of master Storm Drain labeled C-4 lying
\ within the subject parcel shall be constructed as a
part of this subdivision with necessary easements
dedicated therefore . Storm Drain construction costs
in excess of the drainage acreage fee will be subject
to reimbursement to the developer . 4. L'91 lQJivoval 0 4-' ,
PP
The engineer for this development shall , as a part of
this development , design the Cook Street storm drain
system for the subject site and the upstream parcels - �7
through to the intersection of Hovely Lane and Via
Cinta.
4i
zS
MINUTES
PALM DESERT PLANNING COMMISSION
JUNE 3, 1980 Page 7
-----------------------------------------------------------------------------------
VI. PUBLIC HEARINGS (continued)
G. Case No TT 16 33 - J.M. PETERS CO. , Applicant
Request for approval of a Tentative Tract Map to subdivide a
parcel of land into 163 lots for 156 residential units on
approximately 34.06 gross acres within the PR(5) , S.P.
(Planned Residential , maximum 5 dwelling units per acre,
Scenic Preservation Overlay) zone generally located at the
northeast corner of Hovley Lane and Cook Street.
Mr. Williams reviewed the conditions which addressed street improvements
and recommended approval to the City Council .
Chairman Miller opened the Public Hearing asking if the applicant cared
to make a presentation.
MR. BOB TRACT, representative, requested Condition #19 be modified to have the
expiration date of the Tentative Tract Map concur with the related previously
approved design review case.
Commission agreed to amend condition No. 19 to read: "The applicant shall
have twelve 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 months is granted by a Resolution of the City Council . This action shall
include the establishment of the time limit for Design Review Board case known as
Case 204 MF to run concurrently with the tentative map. "
Chairman Miller asked if there was anyone present who wished to speak in
FAVOR or OPPOSITION to this case. There being none, the: Public Hearing was closed.
Motion was made by Commissioner Richards, seconded by Commissioner Kryder,
to approve this case by adoption of Planning Commission Resolution No. 603, as
amended. Carried unanimously (5-0).
H. Ca'se No. PM 16258 - STEIN-BRIEF VISTA GROUP, Applicant
Reques for approval of a Parcel Map to create two parcels for
the deve pment of 414 unit hotel/condominium complex with
21,365 squ e foot racquet club and 50,000 square feet of pro-
fessional an commercial spaces within the PC(4) , S. P. (Planned
Commercial , Re Qrt, Scenic Preservation Overlay) zone located
at the southwest\coorrner of Highway 111 and 44th Avenue.
Mr. Williams stated that b@cause related case Nos. DP 03-80 and VAR 03-80
have been continued, he recommend%e that this case be continued to June 18, 1980.
Chairman Miller opened the Public Hearing asking if anyone wished to speak
in FAVOR or OPPOSITION to this case. There being none, motion was made by
Commissioner Berkey, seconded by Commissioner Kryder, to continue Case No. PM 16258
to June 18, 1980. Carried 'unanimously (5700)
I. Case No. CUP 04-80 and VAR 04-80 - BILL GUENTHER, Applicant
Request for approval of Conditional Use`Permit and Variance to
allow the rehabilitation of an existing i3ai lding and construction
of an off-site parking lot located at the northwest corner of
Portola Avenue and Palm Desert Drive (Hwy 111� and the north-
east corner of San Jacinto Avenue and Alessandro\Drive, respectively.
Mr. Williams stated that the applicant indicated he would send a letter with-
drawing this request and that the letter had not been received'�to date. Mr. Williams
stated that Commission could deny this request without prejudice\orontinue until
the letter by the applicant is received.Motion was made by Commissioner Richards, seconded by Comoner Berkey,
to deny this request without prejudice, by adoption of Planning Commission Resolution
No. 604. Carried unanimously (5-0).
CITY OF PALM DESERT
STAFF REPORT
TO: u' % ^Plann'ing =Commission
REPORT ON: Tentative Tract Map
APPLICANT: J.M. Peters Co.
1601 Dove Street
Suite 190
Newport Beach, CA 92660
CASE NO:.: TT 16133 (REF: DP 04-80 and 204 MF)
DATE: JUNE 3, 1980
I. REQUEST:
TO consider a request by J.M. PETERS COMPANY for approval of a Tentative
Tract Map to subdivide a parcel of land into 163 lots for 156 residential
units on approximately 34.06 gross acres within the PR(5) , S.P. (Planned
Residential , maximum 5 dwelling units per acre, Scenic Preservation Overlay)
zone generally located at the northeast corner of Hovley Lane and Cook
Street; '
coU. n?y CLOG
R.
71
f'
O I\ W
V -
!HO(6Ey LANE
\r� \y . � 42✓o AVE I
5 � °�, 1-1
II . BACKGROUND:
A. ADJACENT ZONING/LAND USE:
North: PR-4, S.P:/Vacant
South: S'. I . , S.P./Vacant
East: PR-5/Residential
West: PR-4/Vacant
B. GENERAL PLAN LAND USE DESIGNATION:
Medium Density Residential , 5-7 d.u./ac.
C. ENVIRONMENTAL ASSESSMENT:
The project has been previously accessed in connection with Case
No. C/Z 11-78 and no further documentation is deemed necessary by the
Director.
D. PREVIOUS PERTINENT CASES:
e DP 04-80 J.M. PETERS CO. - A Planned Residential Development for a
156 unit project on 34.06 acres, approved by the Planning Commission
April 1 , 1980.
e. 204 MF - J.M. PETERS CO. - Preliminary Design Review for a 156 unit
residential project, approved by the Planning Commission
April 1 , 1980.
STAFF REPORT (CONY D) PAGE 2
m. C/Z 11778 - a Change of Zone from "S" Study to PR-5, S.P. , PR-5,
S.I . , S.P. , and S.I . .on 158.4 acres.
_ ----- - 7
d DP 14_-78 _ a Plarane'd .Resident�al ::.Development encompassing 115 2
acres including the subject property as a future phase.
® PM 13406 - a Parcel Map to create four parcels including the
subject property.
e DP 19778 - a Development Plan for a 160 unit residential complex on
the subject property. The approval expired March 27, 1980.
E. MAJOR TRACT IMPROVEMENTS (Required) : E� _
e 55 foot half street improvement of Cook Street including.a raised
median and parkway as required by Director of Public Works.
III DISCUSSION:
The subject map would implement the recently approved Development Plan and
preliminary Design Review case. Beyond the requirements of those approvals,
the recommended Tentative Tract Map conditions address street
improvements.
I V:`^SJAF.F-REGOMh1ENDATrI ON:
Based on the justification contained in the Resolution:
Recommend approval to the City Council of Case No. TT16133, by adopting
Planning Commission Resolution No. subject to conditions.
TENTATIVE
\ eeer�Vm � C/ e
E] � TRACT
- --_ NO. 16133
m �- - �y.+_ 1 � - C '•��/ IN THE CITY OF PALM DESERT
� � '� rc' eF , ,''C 2'--n�� -•�� -rC "� 1 t _ � �` COUNTY OF RIVER61De.CALIFORNIA
1 En_ Leon Deeoxronox
dCJ . oevewreN
:.i.��' IW F 1 .wuas nr.w�cv a rxmcav cn eraaw.
p �_, , 1 Rn.fm wY 96YL GEYMW J, ME
D S - C" I C TRACT JS40T-J
GENERAL MOTES
]ex As mmG.Mar PETERS
G.NRrmer>xaYxc„wer
•� 1'N� q .f cOT9]1.•.0 Gene>(/9P. YYHNf
DETACHED o.w\re\m mnn cee:MtCif NNrrcr
. ( e All)Y%L97 XMYF'GWH.NR IYO CO.
6( RMV]30/Gfa1LTY3:6'l1]tCfLl NWl'Y NY£!J A^VTCI
'�z;I� / ,• _tmMx ¢NY/Sf•:awT]n lRue'n-1M]£iD aerxier Kw A'/X11�srhirEr
_ $ '� z R<cnrrrrr:«viTeuw G[wT1uNY Lvaen?mwraL+D• ,yjJ/f!w
NEW)bw-.I" [7147.CO
'� .\ �.' n;_0 �/ jina' oOCPRY ANRK!•A0.5K B]aapJB ervnYen (]MJ A3.9-9d3!
\ . -. g `� -;,'�dv-� . � nanxY NNmro me<rxarm>mnva]F.re]rwncw
C� 7 ,� L� / _ aw ereuRrrEaw ewsuavrx n e AaaT
�y{ B.R[IWlF MR2Y5 meEMaN/NMPJ eY FOMlYWK9P$
�� OWMER. a .wa mi.s ner GAB LqC/NEitlB GR]
A.
a ��" WMN iS MY 9J G NV XA 4 ,rc,- fflf) r>x�
l . II \ 1 i I.fRMWwG.OY:M(fEW MyN41'MYl AfYWW
I- — � (, ' ��j�r i• `\ / NOM R:li%O M/tT w].MNt I.LSk1FT,G K4J M1�i152'lFY,36'l7i'G71.k'GAO
11MD USE SUMMARY
:,.e. Y�I 1 '_~��'` � C� N•'\\� ,.m. ^rm.Ri 1 «a..n 'ro"v'..a."`
L\ ate.,-- , rcrs m-n auD
]a "c ar`s] .m ! ...,..ems fAR)lR'l
9ROP09E0 �� �� mnxr]a c>mr rcl' a,,�"Dm m 6IIF
SEORSETOW PARR
YENYAYI`/E TRACT MIS
o
`s__ I�I � F i � I � I � �� mnavvu�wne eemeew ' C�Mp-Y YAr
moo. t mRMNDwb2 L AAV1.D.....MwB I L na.oN.,aN.ew.e I ,N. .�«,a
COOK ETRret �a,,,"y, ,,,,.,,,.�,„""' �STAr C. MORSE
-"OVELY LA.. V4 CINTA ENTRANCE STREET UITER10N STREETS Om cnn� `� GONBIILTINO CIVIL ENGINEERS
.Vw¢ti•�cuRpDT YRCt.e'A " .Y.O IVtiiOLA ..N O RT.CALI.-.
'p TQ DO�D3
• 1
RECEIVED
APR 3 01980
W W
EMRONMENTAL SERVICE§
i CITY OF PAW GESE"
rr Z a
<, z 0
Q p
_C
�U
Z
W
it'•
INTEROFFICE MEMORANDUM
City of Palm Desert
TO: Director of Environmental Services
FROM: Director of Public Works
SUBJECT: TT 16133 DATE: May 14, 1980
(1 ) Traffic safety lighting shall be installed at the main entrance on Cook
Street,at Hovley Lane and Cook Street,at the entrance on Via Centa and
Hovley Lane and Via Centa and the entrance off of Via Centa.
(2) All street improvements shall be constructed along Hovley and Cook Street
and Via Centa in accordance with the City of Palm Desert standards.
(3) The Master Storm Drain pipe labeled C-4 shall be constructed as a part
of this subdivision and the necessary easements dedicated therefore.
(4) This subdivision shall retain at least a ten-year storm intensity on site.
(5) The engineer for this development shall , as a part of this development,
design the Cook Street storm drain system as shown in the Master Drainage
Plan for the City of Palm Desert to ascertain the storm drain sizing
required for the C-4 drain.
(6) All the required fees for signalization, park and drainage shall be
applicable to this tract.
L. CLYD BEEBE,,, P.E.
DIRECTOR OF PUBLIC WORKS
LCB%ms :
46.10
Southern California Edison Company
35-100 CATHEDRAL CANYON DRIVE
CATHEDRAL CITY, CALIFORNIA 92234
• May 12, 1980 In '
�AY 1 rs. 1980 I
TO: City of Palm Desert SERyiCES
7Des , California
Prickly
CalSERT
i ornia 92260 co
Of Palm Desert,
Project: ?T 16133
Environmental Impact Report
Gentlemen:
This is to advise that the subject property is located within the
service territory of the Southern California Edison Company, and that the
electric loads of the project are within parameters of projected load growth
which Edison is planning to meet in this area.
Unless the demand for electrical generating capacity exceeds our
estimates, and provided that there are no unexpected outages to major sources
of electrical supply, we erect to meet our electrical load requirements for
the next several years.
Our total .system demand is expected to continue to increase
annually; and, if our plans to proceed with future construction of new generat-
ing facilities are delayed, our ability to serve all customer loads during peak
demand periods could become marginal by 1984.
In addition, the major fuel used in Edison's generating facilities
is low sulfur fuel oil. We now believe our low sulfur fuel oil inventory,
together with our contractual commitments for delivery, and our customers'
'-CnSerYatlCP. efforts, Will permit us to mleet the forec_.Sted de:eand For electriri_t»
through 1979.
It is our intention to continue to do everything that can reasonably
be accomplished to provide our customers with a continuous and sufficient supply
of electricity.
Very truly yours,
Glenn chanan
Customer Service Planner
GB:ae
(Rev. 2/79)
SOUTHERN CALIFORNIA 14 COMPANY
3700 CENTRAL AVENUE • RIVERSIDE, CALIFORNIA
R.W.RIDDELL
Eastern Division
Distribution Planning Supervisor Mailing Address P.O. BOX 2200, RIVERSIDE, CALIFORNIA 92SI6
May 20, 1980
Location of (dearest Gas Main:
Cook Street
City of Palm Desert
45-275 Prickly Pear Lane
Palm Desert, CA 92260
Re: TT 16133
This letter is not to be interpreted as a contractual commitment to
serve the proposed project; but only as an information service. Its
intent is to notify you that the Southern California Gas Company has
facilities in the area where the above named project is proposed. Gas
service to "he project could be provided froln an existing main without
any significant impact on the environment. The service would be in
accordance with the Company's policies and extension rules on file with
the California Public Utilities Commission at the time contractual
arrangements are made.
The availability of natural gas service, as set forth in this letter,
is based upon present conditions of gas supply and regulatory policies.
As a public utility, the Southern California Gas Company is under the
Jurisdiction of the California Public Utilities Commission. We can
also be affected by actions of federal regulatory agencies. Should
these agencies take any action which affects gas supo7y or the condition
under which service is available, gas service ,;ill be provided in accordance With revised conditions.
We have developed several programs which are available, upon request, to
provide assistance in selecting the most effective applications of energy
conservation techniques for a particular project. If you desire further
information on any of our energy conservation programs, please contact
this office for assistance.
r . W ATEq
- ESTABLISHED IN 1918 AS A PUBLIC P,.iENCY
' °jsralct
COACHELLA VALLEY WATER DISTRICT
POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (714) 398-2651
DIRECTORS OFFICERS
RAYMOND R.RUMMONDS,PRESIDENT LOWELL 0.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.BU%TON
May 30, 1980 File: 0163. 11
0421 . 1
0721 . 1
Department of Environmental Services
City of Palm Desert
P. 0. Box 1977
Palm Desert, California 92261
Re: Tract 16133, SWa, Sec. 10,
T5S, RISE, S.B.M.
Gentlemen:
This area lies on the sandy area north of Indian Wells and is considered
safe from stormwater flows except in rare instances.
The District will furnish domestic water and sanitation service to this area
in accordance with the currently. prevailing regulations of this District.
This area shall be annexed to Improvement District Nos. 53 and 30 of the
Coachella Valley Water District for sanitation service.
Very truly yours,
Lowell Weeks
General Manager-Chief ngineer
CS:dlg
cc: Riverside County
Department of Public Health
46-209 Oasis Street
Indio, California 92201
Attention: Don Park
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
REPORT OF PLANNING COMMISSION ACTION
DATE June 4, 1980
APPLICANT J.M. Peters Co.
1601 Dove Street
Suite 190, Newport Beach, CA 92660
CASE NO: TT 16133
The Planning Commission of the City of Palm Desert has considered your
request and taken the following action at ils meeting of
June 3, 1980
CONTINUED TO
DENIED BY PLANNING COMMISSION RESOLUTION NO.
X APPROVED BY PLANNING COMMISSION RESOLUTION NO. 603
X PLACED ON THE AGENDA OF THE CITY COUNCIL OF
June 26, 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
Y
PLANNING COMMISSION RESOLUTION NO. 603
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 156
RESIDENTIAL UNITS ON APPROXIMATELY 34.06 ACRES LOCATED AT THE
NORTHEAST CORNER OF COOK STREET AND HOVLEY LANE.
CASE NO. TT16133
WHEREAS, the Planning Commission of the City of Palm Desert, California,
did on the 3rd day of June, 1980, hold a duly noticed Public Hearing to
consider a request by J.M. PETERS for approval of a Tentative Tract Map to
subdivide a parcel of land into 164 lots for 156 residential units on
approximately 34.06 gross acres within the PR(5) , S.P. (Planned Residential ,
max. 5d.u./ac, Scenic Preservation Overlay) zone located at the northeast
corner of Hovley Lane and Cook Street, more particularly described as:
APN 619-060-024
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 Case Nos. C/Z 11-78
and no further evaluations deemed necessary.
WHEREAS, at said Public Hearing, upon hearing and considering the
testimony and arguments, if any, of all interested persons desiring to be
heard, said Planning Commission did find the following facts to justify their
recommendations and actions as described below:
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 these cases;
2. That the Planning Commission does hereby recommend to the
City Council conditional approval of the above described
Tentative Map No. 16133 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 , within five (5)
years of the recordation of the final map.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 3rd day of June, 1980, by the following
vote, to wit:
AYES: BERKEY, KRYDER, MCLACHLAN, RICHARDS, MILLER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST: CHARLES MILLER, Chairman
PLANNING COMMISSION RE _UTION NO. 603 Page 2
STANDARD CONDITIONS OF APPROVAL
CASE NO. TENTATIVE TRACT 16133
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 Cook Street and Via Cinta (except for those
openings approved in Case Nos. DP 04-80 and 204 MF) 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. An adequate number of fire hydrants with required fire
flows shall be installed as recommended by the Fire Marshal .
12. Prior to recordation of the Final Map, the developer shall furnish
the original and three (3) copies of the water system plan to
the Fire Marshal for review.
13. All requirements of the City Fire Marshal from his letter of May 22,
1980, shall be met as a part of the development of this tract.
14. The water system shall be signed by a registered civil engineer and
approved by the water company, with the following certification: "I
certify that the design of the water system of Tract No. 16133 is in
accordance withthe requirements prescribed by the City Fire Marshal . "
PLANNING COMMISSION RESI,_.IION NO. 603 Page 3
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
04-80 and related Design Review Case No. 204 MF, shall be met as part of
the development of this tract.
18. The total number of lots shall be limited to 164 for dwelling units, common
areas, with lettered lots as necessary to identify Private street rights-of-
way.
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 . This action shall include the establishment of the time
limit for Design Review Board case known as Case 204 MF to run concurrently with
the tentative map.
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 in-lieu fees for park and recreation purposes to comply
with the requirements of Article 26.48 of the City of Palm Desert Subdivision
Ordinance.
SPECIAL CONDITIONS
1 . Safety street lighting as required by the Director of Public Works shall be
installed at (1 ) the main entrance on Cook Street, (2) the intersection of
Hovley Lane and Cook Street, (3) the entrance on Via Cinta and, (4) the
intersection of Hovley Lane and Via Cinta.
2. All required street improvements shall be constructed along Hovley Lane,
Cook Street, and Via Cinta in accordance with the City of Palm Desert
standards.
3. The portion of Master Storm Drain labeled C-4 lying within the subject parcel
shall be constructed as a part of this subdivision with necessary easements
dedicated therefore. Storm Drain construction costs in excess of the drainage
acreage fee will be subject to reimbursement to the developer with approval of
the Public Works Director.
4. Subdivision shall be designed to retain a minimum ten year storm intensity
on-site.
5. The engineer for this development shall , as a part of this development, design
the Cook Street storm drain system for the subject site and the upstream
parcels through to the intersection of Hovley Lane and Via Cinta.
6. Subdivider shall provide right-of-way improvements on Cook Street as follows :
Dedication and improvement of a 55 foot half street travel
lanes, raised center median, and left turn lanes as required
with area between curb and tract boundary wall developed
with ornamental and blowsand planting.
7. Area between curb and tract boundary wall to be developed with ornamental
landscaping on Hovley Lane and Via Cinta.
8. Blowsand planting to be provided along northern boundary of subdivision.
9. Subdivision to be provided with minimum 6 foot high solid masonary wall
around project (except for approved openings) , as approved through the
Design Review Process.
T v
PLANNING COMMISSION
RESOLUTION NO. Page Four
DEPARTMENT OF FIRE PROTECTION
-; IN COOPERATION WITH THE
COUNTY CALIFORNIA DIVISION OF FORESTRY
RIVERSIDE :: DAVID L. FLAKE
COUNTY FIRE WARDEN P.O. BOX 248 .
210 WEST SAN JACINTO STREET
PERRIS, CALIFORNIA 92370
TELEPHONE 17741 657-3183
May 22, 1980
Paul A. Williams
Director of Environmental Services
v.
City of Palm Desert
45-275 Prickly Pear Lane £NV�o, 19 ry
Palm Desert, Ca. 92260 cj�-? QfNa'1t
Reference: Tentative Tract No. 16133 =car >
Gentlemen :
Provide the following fire protection in accordance with the Uniform Fire Code:
1. Install a water system capable of delivering 2500 GPM fire flow from any
fire hydrant for a two (2) hour duration in addition to domestic supply. The
computation shall be based upon a minimum of 20 psi residual operating pressure
in the supply main from which the flow is measured at the time of measurement.
2. Install Riverside County super fire hydrants located at each street intersection
(a) but not greater than 500 feet apart in any direction.
A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow,
and the tops and nozzle caps shall be painted green.
B. Curbs shall be painted red 15 feet in either direction from each hydrant.
3. Prior to recordation of the final map , the developer shall furnish the original
and three (3) copies of the water system plan to the Fire Marshal for review.
4. The water system plan shall be signed by a registered civil engineer and
approved by the water company, with the following certification : "I certify that
the design of the water system in Tract No. 16133 is in accordance with the
requirements prescribed by the Fire Marshal . " Upon approval , the original plan
will be returned to the developer.
5. Prior to delivery of combustible materials to the building site, the required
water system shall be installed, operating and delivering the required flow.
6. Parking shall be allowed on one side of streets less than 38 feet wide.
V, truly
y 1urs/
�f��C. �.
Eric L. Vogt
Fire Marshal
ELV:dt
CC: CVCWD; J. Zimmerman
I
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
May 14, 1980
CITY OF PALM DESERT
LEGAL NOTICE
REQUEST FOR APPROVAL OF A TENTATIVE TRACT SUBDIVISION
OF 163 LOTS FOR 156 RESIDENTIAL UNITS ON PROPERTY
LOCATED ON' THE NORTHEAST CORNER OF THE INTERSECTION OF
COOK STREET AND HOVLEY LANE.
CASE NO. TT 16133 (REF: DP 04-80)
NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the
Palm Desert City Council to consider a request by J.M.- PETERS COMPANY
for approval of a Tentative Tract Map to subdivide" a parcel of land into -
164 lots for 156 residential units on approximately 34.06 gross acres
within the PR(5) , S.P. (Planned Residential , maximum 5 dwellings units
per acre, Scenic Preservation Overlay) zone generally located at the
northeast corner of Hovley Lane and Cook Street, more particularly
described as :
APN-619-060-024
l
' I :: _ i_,. _— ___ Cp(/N1Ry CLUB OR/✓E
I i
I yovLEY LANE
J \ '; Q ;;gyNo Av6.
SAID Public Hearing will be held on Thursday, June 26, 1980
in the Council Chambers in the Palm Desert City Hall , 45-V5 Prickly
Pear Lane, Palm Desert, California, at which time and place all interested
persons are invited to attend and be heard. This request, if approved
will . allow the subdivision of a parcel of land into 163 lots for 156
residential units .
SHEILA o GILLIGSN, City Clerk
City of Palr+ Desert, California
PUBLISH: Palm Desert Post
June 12, 1980
567
s
Y
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
May 14, 1980
CITY OF PALM DESERT
LEGAL NOTICE
REQUEST FOR APPROVAL OF A TENTATIVE TRACT SUBDIVISION
OF 163 LOTS FOR 156 RESIDENTIAL UNITS ON PROPERTY
LOCATED ON THE NORTHEAST CORNER OF THE INTERSECTION OF
COOK STREET AND HOVLEY LANE.
CASE NO. TT 16133 (REF: DP 04-80)
NOTICE IS HEREBY GIVEN that a Public Hearin will be held before the Palm Desert
0 C g
Planning Commission to consider a request by J. M. PETERS COMPANY for approval of
a Tentative Tract Map to subdivide a parcel of land into 16,Vlots for 156 resi-
dential units on approximately 34.06 gross acres within the PR(5) , S.P. (Planned
Residential , maximum 5 dwelling units per acre, Scenic Preservation Overlay) zone
generally located at the northeast corner. of Hovley Lane and Cook Street, more
particularly described as:
APN 619-060-024
.•':r:�ioW:;r:eriNt+tmi::::::;•::t:i: •:'::::�:::::•':T•:r i:;.^::i:':•:i::�::::•:::�::':':: ••�::::::'�'.
71
r i
•.•. .. '
i yav[eY uvE
42
ra
SAID Public Hearing will be held on Tuesday, June'3;• 1,980; -at 7i00 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. This request, if approved, will allow the subdivision
of a parcel of land into 163 lots for 156 residential units.
PAUL A. WILLIAMS, Secretary
Palm Desert Planning Commission
PUBLISH: Palm Desert Post
May 22, 1980
45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260
TELEPHONE (714) 346-0611
REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL
May 8, 1980
Case No. : TT 16133
Project: Tentative Tract
Applicant: J. M. Peters Company
Enclosed please find materials describing a project for which the
following is being requested:
Tentative Subdivision approval of 163 lots and 156 residential units
on property located on the northeast corner of the intersection of
Cook Street and Hovley Lane.
The attached data was prepared by the applicant and is being forwarded
to you for comments and recommended Conditions of Approval . The City
is interested in the probable impacts on the natural environment (e.g.
water and air pollution) and on public resources (e.g. demand for
schools, hospitals, parks, power generation, sewage treatment, etc. )
Your comments and recommended conditions of. approval must be received
by this office prior to 5:00 p.m. May 23 , 1980, in order to be
discussed by the Land Division Committee at their meeting of May 28
The Land Division Committee (comprised of Director of Environmental
Services , City Building Official , City Engineer, Fire Marshal and a
representative of CVCWD) will discuss the comments and recommended
conditions of approval and will forward them to the Planning Commission
through the staff report. Any information received by this office after
the receipt deadline will not be discussed by the Land Division Com-
mittee nor will it be forwarded to the Planning Commission for consid-
eration.
Very truly yours,
x0v 5"
Paul A. Williams
Director of Environmental Services
PAW/ss
PLEASE RETURN MAP WITH COMMENTS
CIRCULATION LIST FOR ALL CASES
Ci rcul a ti on, of Tentative Maps, Parcel Maps, CUP' S , GPA' s, etc:
REVIEW COMMITTEE:
Palm Desert Director of Environmental Services - Paul Williams
Palm Desert Director of Building & Safety - Jim Hill _.._ .
`$( Palm Desert Director of Public Works - L. Clyde Beebe
�A! alm Desert Fire Marshall - Dave Ortegel
fk36ert p�—
Office of Road Commissioner and County Surveyor
Administration Office Building, Room 313
3 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
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 )
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)
Kermit Martin
Southern California Edison Company
P. 0. Box 203
1v/ Palm Desert, California 92260 (Phone: 346-8660)
Al Doody, RC6003
General Telephone Co.
P.O. Box 2110
JPomona, CA 91766 (Phone :
13. R. W. Riddell
Engineering Department
Southern California Gas Company
P. 0. Box 2200
Riverside, California 92506 (Phone : 327-8531, ask for Riverside
extension 214)
r "Y
:`,:.-✓�
Circulation List for All Cases
Page Two
'4/` Roger Harlow
'Director - Pupil Personnel Service
Desert Sands Unified School District
83-049 Avenue 46
I/ Indio, California 92201 (Phone: 347-4071)
Jim Langdon
Palm Desert Disposal Services , Inc.
36-711 Cathedral Canyon Drive
P. 0. Drawer LL
Cathedral City, California 92234 (Phone: 328-2585 or 328-4637)
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: 7 )
I/Harold Horsley
Foreman/Mails
U. S. Post Office
_- . Palm Desert, California 92260 (Phone: 346-3864)
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
-
Stanley C. /lilorse
Consulting Civil Engineers, Inc. ' `'' toject No 159 -OUP-
Planning, Engineering, Surveying V��No� eP�o�SER�
TRANSMITTAL
To: `�Ty 1 r LI- 1 Date: /" ezi`
45�'7S P�aG��l P �.CE Subject: Test' 6133
Alin
The following items are transmitted: Herewith Under Separate Cover ❑ Via: 1r f l
No.of
Copies Description
!o Teacr >-46. 1613 1 AGE
The above items are submitted: At your request❑ For your review For your files❑
For your approval For your action For your information❑
General remarks:
Enclosure:
Copies to: By�C—q V__
17621 IRVINE BOULEVARD • SUITE 212 0 TUSTIN, CALIFORNIA 92680 • TELEPHONE: (714) 731-4676
off :F��
45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260
TELEPHONE (714) 346-0611
April 11 1980
John Ballew
Ballew/McFarland
17848 Sky Park Blvd.
Irvine, CA 92714
Re: Tentative Tract Map No. 16133, J.M. Peters project.
Dear John:
Per the discussion in our telephone conversation of April 10th, regarding
processing of the referenced map, I note that the matter of the second
project access for Via Cinta would be considered at the Commission meeting
on Apri116th, at 1:00 P.M. in the City Hall Council Chambers. Once the
subject of design and location for this entrance is resolved, Stan Morse
will be able to finalize the Tentative Map exhibit, and we will be able to
distribute it for department and agency review. If everything goes well ,
we could anticipate a Public Hearing before the Commission, on the Tenta-
tive Map, at their June .3, 1980, meeting. You may, of course, continue
your work on the architectural design and final drawings for Design Review
Board consideration in the interim.
I appreciate your understanding regarding the finalization of the second
entrance design and consideration in this matter.
Very, truly yours,
MURREL CRUMP
PRINCIPAL PLANNER
MC/lr
cc: Ballew/McFarland, Palm Desert Office
Stan C. Morse, Consulting Civil Engineer
J.M-e.—Pe-to-r-s Co.
---- T'— T 16 -31 3"�
45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260
TELEPHONE (714) 346-0611
March 27, 1980
Ms. Jo Ann Tate
First American Title Insurance Company
3625 Fourteenth Street
Riverside, California 92502
Re: Tract No. 16133
Dear Ms. Tate:
Responding to your request of March 11, 1980, the present zoning for subject
tract is PR-5, S.P. (Planned Residential , max. 5 d.u./ac. , Scenic Preserva-
tion Overlay) .
The surrounding zoning is:
North: PR-4, S.P.
South: S.I . , S.P.
East: PR-5
West: PR-4
Enclosed is a copy of the Negative Declaration for subject tract.
If you have any further questions, please contact the Staff of the Department
of Environmental Services.
Ver truly yours
PAUL A. WILLIAMS, AICP
Zoning Administrator
PAW/dj
Enclosure
EIR FORM #1
CITY OF PALM DESERT
NEGATIVE DECLARATION
Case No. : C/Z 11-78 (Prezoning)
Applicant : E. GEORGE MARZICOLA
73-743 Highway 111
Palm Desert, CA 92260
Description of Project:
A Change of Zone from 'S' Study to PR-7, (U.A. ) (Planned Residential ,
max. 7 du/acre, Upon Annexation) , PR-5, (U.A. ) (Planned Residential ,
5 du/acre, Upon Annexation), and S.I. , (U.A. ) (Service Industrial , Upon
Annexation) on approximately 158 acres generally located on the east side
of Cook Street, northerly of Merle Drive.
Finding:
The project will not have a significant adverse effect on the environ-
ment and no further environmental documentation will be required.
Justification:
The project is compatible with the General Plan for the City of Palm
Desert. Based on the findings of the initial study, which study is on file
at the Palm Desert City Hall , no substantial significant environmental
effects will occur as a result of the action proposed by the subject project.
Any interested citizen may appeal this determination to the Planning Commission
within eight (8) days of the date of the posting of public notice by filing an appeal
in accordance with Resolution No. 78t-32 with the Department of Environmental'
Services located at 45-275 Prickly Pear Lane, Palm Desert, California. If no
appeal is filed within said time, this determination shall be final.
Date Filed with County Cler k
(within five days)
Sept. 8, 1978
Date Public Notice
Is Posted:
Sept. 8, 1978
cc: Applicant Date Appeal Period Expires:
County Clerk
File Sept 17 1978
Bulletin Board ;.
Planning Director
Mr. Paul Willams
City of Palm Desert
Palm Desert, Calif. March 1, 1980
Dear Mr. Williams
The applicant on Tract 16133, The J.M.Peters Co. hereby
waives the 50 day public hearing requirement,as provided
by the subdivision ordinance of the City of Palm Desert,
and the state map act.
Re tful y
Alan Vier
The J.M.Peters Co.
45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260
***TENTATIVE SUBDIVISION MAP**
DEPARTMENT OF ENVIRONMEN IAL SERVICES
PLANNING DIVISION
J. M. Peters Co-.
Applicant (please prim)
1601 Dove Street, Suite 190 (714)833-9331
Mailing Address Telephone
Newport Beach, California 92660
City State Zip-Code
• IE
REQUEST: (Describe specific nature of approval requested)
,t
Tentative Subdivision approval of 14 lots and 156 residential units .
i C PROPERTY DESCRIPTION:
Located at the northeast corner of Cook Street and Hovley Lane.
ASS SSOR'S PARCEL NO. Parcel 1 of Parcel Ma No. 13406 per ma filed in Book
64+ of Parcel Maps at Pages thr ug inclusive, Records of Riverside
County. 9w �19-Olv4 --®�4,r
EXISTING ZONING P.R.-5 SP
�- Property Owner Authorizofion THE UNDERSIGNED STATES THAT THEY ARE THE OWNER lSI 01 THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR-
IZATION FOR THE FILING OF THIS APPUOANON-
SIGN'%"RE VJ ` �� DATE
AGRCCMENT ABSOLVING THE CIT'(OF PALM DESERT CF ALL LIABILITIES REL+T!,L TO ANY DCc CS-MICT10NS. .
L'0 y'� (dY Trdl.. +,.or„ ._r,I,_f,T, + vF MTY e: r:I r c- ., T - L rI �,:.I Ir r Y .. rr..s_
l CI:. a l ❑ ., ._ r�,.:LL T� 7 � IdO,'L:nl L._S'.•n R!U-_D LED .c 1I 1
SIGNATURE GATE
Applicants Signoturd
SIGNATURE DATE
(FOR STAFF USE ONLY) ENVIRONMENTAL STATUS ADCE''PnrrED by
❑ mISISTERIAL ACT E.A. No. T
❑ CATEGORICAL EKE'::PTION � \I(,—J)}./���G/�
C� NEGAT:VE DECLARATION �v " i/--[!/!/
1
CHECK ITEMS
TENTATIVE SUBDIVISION MAP CHECK LIST NEEDED
The following information shall be delineated on the tentative map except
those items determined by the City Staff as not being pertinent to a par-
ticular tract:
1. Tract number, title of map, and section description of property;
2. name and address of owner and subdivider;
3. name and address of person preparing map;
4. approximate acreage and over-all dimensions;
5. north point, scale and date; minimum scale 1" - 100' ;
6. subdivision boundary line and vicinity map;
7, names and book and page numbers of adjoining subdivisions;
C8. names, locations and widths of adjacent streets ;
9, identifying landmarks and existing structures, both above
and below,. ground;
10. names , locations and widths of proposed streets ; cross-sections;
11, approximate grades of proposed and existing streets;
12. streets and rights-of-may providing legal access to the property;
13, excavations within 200 feet of the subdivision ;
14. approximate radii of curves ;
15. widths of alleys and easements ;
16. names of utility companies and location of existing and proposed
public utilities ;
17. elevations of sewer at proposed main connections;
18. existing culverts and drain pipes ;
19. water courses and channels including existing and proposed
facilities for control of storm waters;
20. land subject to overflow, innudation or flood hazard.
Supplemental Information
Reports and written statements on the following matters shall accompany the tentative
map unless waived in writing:
1. Subdivision building or development plan ;
2. proposed method of control of storm water; including data as to grade
and dimensions ;
3. protective covenants proposed to be recorded;
4. if private streets are proposed, the method by which their maintenance ,
will be accomplished and financed;
5. proposed tree planting;
6. a written statement from the City Health Officer stating the type of
sewage disposal that will be permitted. To aid in this determination ,
the City Health Officer may require soil percolation tests or other
pertinent information,
7. Proposed landscaping and irrigation.
C
S. Preliminary soils report and grading plan.
Required Materials to be Submitted
41. A completed Application Form.
is
2. .s (folded 81�" x 13") of the Tentative Subdivision P1ap
and an unfe. i�G 3. equired fee.
4. Property-owners list showing all property owners within 300 feet of
the property under consideration. /Y� � avaeff )
SOIL AND GEOLOGIC INVESTIGATION
for
LOS COCINEROS
Palm Desert, California
For
J. M. PETERS COMPANY, INC.
Newport Beach, California
a
By
GEOCON, INCORPORATED
San Diego , California
December , 1979
GE® V Oi. - ENGINEERS AND GEOLOGISTS • CONSULTANTS IN THE APPLIED EARTH SCIENCES
INCORPORATED
File No . D-2064-JO1
December 10 , 1979
J. M. Peters Company, Inc .
1601 Dove Street, Suite 190
Newport Beach, California 92660
Attention: Mr. Alan Vieira
Subject : Los Cocineros
Cook Street & Hovley Lane
Palm Desert, California
SOIL AND GEOLOGIC INVESTIGATION
Gentlemen:
In accordance with your request , we have performed a soil and
geologic investigation for the subject project .
The accompany report presents the findings of our study and
includes our conclusions and recommendations based on those
findings . The site is overlain by relatively loose wind-de-
posited sands to depths in excess of 10 feet . Grading proce-
dures to densify the sand will be necessary,
It is our opinion, however , that the site may be developed as
proposed provided the recommendations of this report are fol-
lowed.
If you have questions concerning this report , or if we may be
of further service, please do not hesitate to contact our
office.
Respectfully submitted,
GEOCON, INCORPORATED
James E . Likins Michael W. Hart Michael S . Cha' in
RCE 17030 CEG 706 Staff Geologic
MSC :JEL: lr
copies : (4) addressee
B 6645 CONVOY COURT • SAN DIEGO, CALIFORNIA 92111 • PHONE [714) 292-5100
File No . D-2064-JOl
December 10 , 1979
SOIL AND GEOLOGIC INVESTIGATION
Purpose and Scope
The purpose of our investigation was to evaluate the surface
and subsurface soil and geologic conditions at the site and,
based on conditions encountered, to provide recommendations
for development of the site to receive the proposed condomin-
ium complex or planned residential development .
The investigation consisted of a site geologic reconnaissance
and the excavation of seven test trenches . Laboratory tests
were performed on selected representative soil samples obtained
at various depths in the trenches to evaluate pertinent physi-
cal properties of the soil types encountered. In-place density
tests were also performed at various depths in the trenches .
The conclusions and recommendations that follow are based on
an analysis of the data obtained from our field explo-ration
and laboratory tests and on our experience with similar soil
and geologic conditions .
The locations and descriptions contained herein are based upon
a site reconnaissance and upon preliminary site and development
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GEOCON
INCORPORATED
File No . D-2064-JOI
December 10, ' 1979
plans provided by Ballew/McFarland Planners and Architects .
If project details vary significantly from those outlined,
this firm should be notified for review and possible revision
of recommendations presented herein prior to final design
submittal .
Location and Description of Site and Project
The 35± acre site is located at the northeast corner of Cook
Street and Hovley Lane in Palm Desert, California.
Topographically, the site is relatively flat-lying but is
overlain by hummocks and dunes of wind-deposited sands . The
average dune height is approximately 5 to 10 feet.
Vegetation .consists of moderate to sparse native brush and
weeds .
It is proposed to develop the site by grading to receive a
condominium complex or planned residential development.
Structures of one- and two-story wood-frame construction
are anticipated, and foundation loads will be relatively
light .
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GEOCON
INCORPORATED
File No. D-2064-JOl
December 10, 1979
Field Investigation
The field investigation was performed on December 4, 1979 and
consisted of a site reconnaissance by our engineering geologist
and the excavation of seven exploratory test trenches at the
approximate locations shown on the Site Plan, Figure 1 .
The exploratory trenches were advanced to depths ranging from
5 to 10 feet below existing grade utilizing a rubber-tired
backhoe equipped with a 30-inch wide bucket . A disturbed
bulk sample of representative near-surface material was
taken from Trench 1.
During the investigation, the soils encountered were contin-
uously examined , visually classified, and logged. Logs of
the test trenches are presented on Figures 2 through 5 of
Appendix A. The logs depict the depth and description of
y
the various soil types encountered and include the depths
at which samples were taken.
Laboratory Tests
Laboratory tests were performed in accordance with generally
accepted test methods of the American Society for Testing and
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GEOCON
INCORPORATED
File No . D-' -4-JO1
December 10 L979
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SCALE IN FEET C
P� SITE PLAN AND LOCATION OF EXPLORATORY TRENCHES
LOS COCINEROS
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Palm Desert , California
,!"`n�S'I Ate. . - T�'{ u PAGE
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GEOCON
File No . D-2064-JOl
December 10 , 1979
Materials (ASTM) and other suggested procedures . In-place
density tests were performed at various depths in the trenches
due to the difficulty of obtaining undisturbed samples of the
cohesionless sands for moisture-density determinations . The
in-place density tests were performed in accordance with ASTM
Test Method D1556-64.
The maximum dry density and optimum moisture content of a
disturbed bulk sample were determined in accordance with ASTM
Test Method D1557-70 . In addition, direct shear tests were
performed on samples remolded to 90 percent of maximum dry
density at optimum moisture. content . The minimum dry den-
sity of the bulk sample was determined in accordance with
ASTM Test Method D2049-69 .
The results of our laboratory tests are summarized in tabular
form in Appendix A. In-place moisture-density relati-onships
are also presented on the Logs of Test Trenches .
Soil Conditions
The entire site is overlain by relatively loose , dry to
humid, light gray, fine to medium-grained wind-deposited
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GEOCON
INCORPORATED
File No . D-2064-JO1
December 10 , 1979
sand. Our exploratory trenches indicate the sands are present
to .depths in excess of 10 feet . Special grading measures
will be necessary to densify the loose sands . No expansive
soils were encountered at the site .
Geologic Hazards and Seismicity
No faults or ancient landslides were encountered during our
investigation. A review of published geologic literature
and the Riverside County Seismic Safety Element indicates
that the active Mission Creek Branch of the San Andreas Fault
lies approximately five miles north of the site. The San
Jacinto Fault and the Elsinore Fault, both active , lie ap-
proximately 20 and 43 miles southwest of the site, respec-
tively. An unnamed questioned concealed fault trace has
also been mapped less than one mile to the south (Map No . 1,
California Division of Mines and Geology) . No evidence of
quaternary movement along the unnamed fault has been demon-
strated.
An earthquake along any of the above-named faults could
subject the site to severe seismic shaking. However , the
site is not subject to any greater seismic risk than that
of the Palm Desert area in general .
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GEOCON
I N C O R P O R A T E D
File No : D-2064-JOl
December 10 , 1979
CONCLUSIONS AND RECOMMENDATIONS
General
1 . The site is suitable for development of the proposed
condominium complex provided the recommendations of this
report are carefully followed.
2 . The entire site is overlain by loose, wind-deposited
sands which will require densificiation by grading proce-
dures as recommended herein.
Grading
3 . All grading should be performed in accordance with the
"Recommended Grading Specifications" contained in Appendix
B and Chapter 70 of the UBC. Where the recommendations of
Appendix B conflict with this section of the report , the
a
recommendations of this section take precedence.
4. Site preparation should begin with removal of all dele-
terious matter and vegetation. The depth of removal should
be such that material to be used in fills of organic matter .
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GEOCON
INCORPORATED
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File No . D-2064-JOl
December 10 , 1979
5 . The site should then be graded to a nearly level config-
uration. The material should be heavily watered during grading.
It would be most desireable to maintain the moisture content of
the material at or above optimum moisture content. Pre-watering
of the site with portable sprinklers may be helpful in bringing
the moisture content up to a suitable level .
6 . After the dunes and hummocks have been leveled, the sand
must then be densified from the surface by means of a vibra-
tory compactor . Experience with similar projects indicates
that the desired densification could be achieved by 10 com-
plete coverages of a heavy steel-drum vibratory roller with
a minimum weight of 20 kips and a minimum dynamic force of
45 kips . The roller should be operated at a maximum velo-
city of 3 . 0 feet per second (2 mph) and should have a vibra-
tory frequency of at least 25 cycles per second. If it is
necessary to deviate from the above specifications , oar
office should be contacted to ensure that the necessary
changes will still result in adequate compaction of the
material .
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GEOCON
LNCORPORATED
File No . D-2064-JOl
December 10 , 1979
8 . A sufficient number of in-place density tests should be
taken during and after grading operations to ascertain that
at least the upper two feet of sand has been compacted to a
minimum of 90 percent of maximum dry density as determined
by ASTM Test Method D1557-70A. Any additional fill placed
over the densified sand should also be compacted to at least
90 percent of maximum dry density.
Foundations
9 . The site is suitable for the use of isolated spread
footings or continuous strip footings if graded as recom-
mended above . Such footings should be at least 12 inches
in width and should extend at least 12 inches below lowest
adjacent pad grade .
10 . It is recommended that minimum footing reinforcement
consist of two continuous No . 4 steel reinforcing bars
placed horizontally in the footings , one near the top of
the footing and one near the bottom. The above minimum
reinforcement is based on soil characteristics and is not
intended to be in lieu of reinforcement necessary for
structural considerations .
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( CON
t N C�O R P O R A T E D
File No . D-2064-JO1
December 10, 1979
11 . An allowable bearing capacity of 1640 psf may be used for
foundations constructed as recommended above . The allowable
bearing capacity is for dead plus live loads and may be in-
creased by one-third for transient loads due to wind or
seismic forces .
Concrete Slabs-on-Grade
12 . Concrete slabs-on-grade should have a nominal thickness
of four inches . Reinforcement should consist of 6x6-10/10
welded wire mesh throughout . Where moisture sensitive floor
coverings are planned, the slab should be underlain by a vis-
queen moisture barrier . A two-inch-thick layer of sand or
gravel should be provided above the visqueen to allow proper
concrete curing.
Site Drainage and Moisture Protection
13 . The provision and maintenance of adequate site drainage
and moisture protection of supporting soils is an important
design consideration . Foundation recommendations presented
herein assume proper site drainage will be established and
maintained.
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GEOC®N
INCORPORATED
File No . D-2064-JO1
December 10 , 1979
14. Roof downdrains should empty into splashblocks and be
directed away from the structure into controlled drainages .
15 . Where asphaltic pavement or concrete slabs do not imme-
diately adjoin the structures , the ground surface should be
sloped away from their perimeters in a manner to allow flow
along drainages lines into swales which carry excess moisture
into controlled drainage facilites .
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GEOCON
I N C O R P O R A T E D
File No . D-2064-J01
December 10 , 1979
LIMITATIONS AND UNIFORMITY OF CONDITIONS
1 . The recommendations of this report pertain only to
the site investigated and are based upon the assumption
that the soil conditions do not deviate from those dis-
closed in the borings . If any variations or undesirable
conditions are encountered during construction, or if
the proposed construction will differ from that planned
at the present time , Geocon, Incorporated should be no-
tified so that supplemental recommendations can be given.
2 . This report is issued with the understanding that it
is the responsibility of the owner , or of his representa-
tive, to ensure that the information and recommendations
contained herein are brought to the attention of the arch-
itect and engineer for the project and incorporated into
the plans , and that the necessary steps are taken to^ see
that the contractor and subcontractors carry out such
recommendations in the field.
3 . The findings of this report are valid as of the pres-
ent date . However , changes in the conditions of a property
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GEOCON
INCORPORATED
File No . D-2064-JOl
December 10 , 1979
can occur with the passage of time , whether they be due to
natural processes or the works of man on this or adjacent
properties . In addition, changes in applicable or appro-
priate standards may occur , whether they result from leg-
islation or the broadening of knowledge . Accordingly, the
findings of this report may be invalidated wholly or par-
tially by changes outside our control. Therefore, this
report is subject to review and should not be relied upon
after a period of three years .
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GEOCON
INCORPORATED
I '
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APPENDIX A
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C GRUCoN
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File No . D-2064-JOl
December. 10 , 1979
TABLE I
Summary of In-Place Moisture-Density and Direct Shear Test Result's
Angle of
Dry Moisture Unit Shear
Sample Depth Density Content Cohesion Resistance
No . ft . pcf % psf Degrees
1-1* 4 97 . 4 16 . 8 13 34
1PDT-1 T1@5 101 . 7 3 . 1 -- --
IPDT-2 T1@2 109 . 8 1 . 1 -- --
1PDT-3 T2@4 103 . 4 2 . 8 -- --
1PDT-4 T6@5 98 . 4 1 . 2 -- --
1PDT-5 T7@5 79 . 8 0 . 9 -- --
'Sample remolded to 90 percent of maximum dry density at optimum
moisture content.
TABLE II
Summary of Laboratory Compaction Test Results
A. S .T .M. D1557-70
Max . Dry Optimum
Sample Depth Density Moisture
No . ft . Description pcf % dry wt .
1-1 4 Gray, Silty SAND - 110 . 0 15 . 2
Minimum dry density pcf 92 . 6
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GEOCON
INCORPORATED
File No . D-2064-JOl
December 10 , 1979
IN—PLACE
OPPTN SAMPLE LOG B PenNrahan DE5CRIPTION DRY MOTS PURE
IN NUMBER LOCATION Pevsloxs
fEET OF B/ors/// DENSITY CONTENT
SAMPLE O.C./ % aY rf
0 T_'tdCH NO . 1
DUNE SAND
1PDT �. �:. Loose , dry, gray, Silty, fine to
2 2 medium SAND 109 .8 1 . 1
1-1 becomes humid BULK S 4PLE
`PDT, 101 . 7 3 . 11 � � '
III.
I.I. _.
L
—— -- becomes moist
10
TRENCH TERMINATED AT 10 . 0 FEET
0 TRENCH NO . 2
DUNE SAND
f � l , Loose, dry, gray, Silty, fine to
2 medium SAND
4 13D becomes humid 103 . 4 2 . 8
II
0
I .I.L .
8
10
TRENCH TERMINATED AT 10 . 0 FEET
Figure 2 , Log of Test Trenches 1 & 2
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GEOCON
INCORPORATED
File No . D-2064-JOl
December 10 , 1979
IN-PLACE
OEPIR SAMPLE LOO B Pe1N1111 OESCR/PFION
NOMeER LOCATION Rfasrc^a
ORY MOISTURE
FEFT OF E/ows/ii DENSITY CO9TENT
SAMPLE p.p./ %
TRENCH NO . 3
UNE SAND
Loose , dry, dray, Silty, fine to
medium SAND
id �.
�— becomes humid
I.I
III
8 II — becomes moist
10
TRENCH TEMINATED AT 10 . 0 FEET
0 TRENCH NO. 4
UNE SAND
Loose , dry, gray, Silty, medium
-2 to coarse SAND
4
�g
TRENCH TERiIIC1ATED AT 8 . 0 FEET
SEVERE CAVING
I
1
Figure 3 , Log of Test Trenches 3 & 4
3
GEOCON
I N C O R P O R A T E D
File No . D-2064-J01
December 10 , 1979
IN-PLACE
OEPTN SAMPLE LCC B P[ieba/mn DESCRIPTION
IN VUMBER LQC4TION Res,/cma CRY MOISTURE
FFE CF Elovs/.`r CE'/SITY CCN'ENT
SAMPLE p,q/ % ury vl
TRENCH NO . 5
DUNE SAND
Loose , dry, gray , Silty, fine to
2 medium SAND
III .
I:I I
8
TRENCH TEIUIINATED AT 8 . 0 FEET
SEVERE,. CAVING
TRENCH NO . 6
0 DUNE SAND
Loose, dry, gray , Silty, fine to
2 1 medium SAND
I :� L
4 1FD :L.L. 98 . 4 1 . 2
4 I. I
6
TRENCH TEM'INATED AT 6 . 0 FEET
SEVERE CAVING
it
L
Figure Lod of Test Trenches 5 ix 6
A-4
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GEOCON
I N C O R P O R A T E D
File no . D-2064-JOl
December 10 , 1979
DEPTH SAMPLE LOG B Pe•ebmmn DESCRIPTION
IN A'UM9ER LO TION R<ss/eex OPY MO/$)ORE
FFE� Of 9/1i0/ OENS/TY COVIENT
SAMPLE "'f % O/y rI
TRENCH NO . 7
DUNE SAND
Loose, dry, dray , Silty, fine to
2 I I•. medium SAND
1PDT,. 70
J
TRENCH TERMINATED AT 5 . 0 FEET
i �
Pi :re 5 , Lc� o= Test Trend: 7
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GEOCON
I N C O R P O R A T E D
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l
�LL APPENDIX 9 {
RECOMMENDED GRADING SPECIFICATIONS
1_ •
i
GEOCM
iwcorsoawrin
t
File No . D-2064-JO1
December 10, 1979
RECM ENDED GRADING SPECIFICATIONS
for
LOS COCINEROS
Palm Desert, California
1 . 1 General Description
1 . 11 These specifications have been prepared for grading
and site development of Los Cocineros located at the
northeast corner of Cook Street and Hovley Lane in
Palm Desert, California . Geocon, Incorporated, here-
inafter described as the soil engineer , should be con-
sulted prior to any site work connected with site
development to ensure compliance with these specifica-
tions . These specifications shall only be used in
conjunction with the soil report of which they are .a
part.
1 . 12 This item shall consist of all clearing and grubbing,
preparation of land to be filled, filling of the land,
spreading, compaction and control of the fill , and all
subsidiary work necessary to complete the grading of
the filled areas to comform with the lines , grades
and slopes as shown on the accepted plans .
1 . 13 The soil engineer shall test and observe all grading
operations . In the event that any unusual conditions
not covered by the special provisions are encountered
during the grading operations , the soil engineer shall
be contacted for further information.
2 . 1 Tests
2 . 11 The standard test used to define maximum density of
all compaction work shall be the ASTM Test Procedure
D1557-70 . All densities shall be expressed as a
relative compaction in terms of the maximum density
obtained in the laboratory by the foregoing standard
procedure .
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GEOCON
INCORPORATED
File No . D-2064-J01
December 10 , 1979
3. 1 Clearing, Grubbing, and Preparing Areas to be Filled
3. 11 Any trees not utilized in landscaping, structures , weeds ,
and other rubbish shall be removed, piled, or otherwise
disposed of so as to leave the areas that have been dis-
turbed with a neat and finished appearance, free from
unsightly debris .
3. 12 Any septic tanks , if encountered, and debris must be
removed from the site prior to any building, grading or
fill operations . Septic tanks , including all connecting
drain fields and other lines , must be totally removed
and the resulting depressions properly reconstructed
and filled to the complete satisfaction of the super-
vising soil engineer.
3 . 13 All water wells on the site shall be capped according
to the requirements of the San Diego County Health De-
partment . The strength of the cap shall be at least
equal to the adjacent soil. The final elevation of the
top of the well casing must be a minimum of 36 inches
below any adjacent grade prior to any grading of fill
operations .
3. 14 All buried tanks , if encountered, must be totally
removed and the resulting depressions properly recon-
structed and filled to the complete satisfaction of
the supervising soil engineer.
3 . 15 All vegetable matter and soil designated as unsuitable
by the soil engineer shall be removed under the direc-
tion of the soil engineer. The then exposed surface
shall then be plowed or scarified to a depth of at least
eight inches and until the surface is free from ruts ,
hummocks , or other uneven features which would tend to
prevent uniform compaction by the equipment to be used.
3. 16 The original ground upon which the fill is to be placed
shall be plowed or scarified deeply, and where the slope
ratio of the original ground is steeper than 6 . 0 hori-
zontal to 1 . 0 vertical , the bank shall be stepped or
benched. At the toes of the major fills and on the side-
slope fills , the base key shall be , as described else-
where in this report , at least 10 feet in width, cut at
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GEOCON
INCORPORATED
File No . D-2064-JOI
December 10, 1979
least three feet into the undisturbed or native soil,
and sloped back into the hillside at a gradient of not
less than two percent. Subsequent keys should be cut
into the hillside as the fill is brought up the slope.
The construction of subsequent keying operations shall
be determined by the soil engineer during grading oper-
ations . Ground slopes which are flatter than 6 to 1
shall be benched when considered necessary by the soil
engineer.
3. 17 After the foundation for the fill has been cleared,
plowed, or scarified, it shall be disced or bladed un-
til it is uniform and free from large clods ; brought
to the proper moisture content by adding water or aer-
ating; and compacted to relative density of not less
than 90 percent.
4. 1 Materials
4. 11 Native soil , free of organic material and undesirable
deleterious material , may be used as fill. Native soil
which is expansive shall not be placed on the top two
feet of building pads without the approval of the soil
engineer.
4. 12 The materials for fill shall be approved by the soil
engineer before commencement of grading operations . Any
imported material must be approved for use before being
brought to the site. The materials used shall be free
from vegetable matter and other deleterious material,
and be nonexpansive. Expansive soil is defined as soil
which expands more than 3 . 0 percent when saturated at
90 percent relative compaction and optimum moisture
content under a surcharge of 150 psf.
5 . 1 Placing Spreading, and Compacting Fill Material
5 . 11 The selected fill material shall be placed in layers
which when compacted shall allow adequate bonding and
compaction. Each layer shall be spread evenly and
shall be thoroughly blade mixed during the spreading
to ensure uniformity of material in each layer.
5 . 12 When the moisture content of the fill material is be-
low that specified by the soil engineer , water shall
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GEOCON
INCORPORATED
File No . D-2064-J01
December 10 , 1979
be added until the moisture content is as specified
to assure thorough bonding during the compaction process .
When the moisture content of the fill material is above
that specified by the soil engineer, the fill material
shall be aerated by blading or other satisfactory methods
until the moisture content is as specified.
5 . 13 After each layer has been placed, mixed, and spread
evenly, it shall be thoroughly compacted to a relative
compaction of not less than 90 percent.
5 . 14 When fill material includes rock, no rocks will be
allowed to nest, and all voids must be carefully
filled with small stones or earth and properly compacted.
No rocks larger than six inches in diameter will be
permitted in the fill .
5 . 15 Compaction shall be by s'eepsfoot rollers , multiple-
wheel pneumatic-tired rollers , or other types of
acceptable compacting rollers . Rollers shall be of
such design that they will be able to compact the fill
to the specified moisture content range. Rolling of
each layer shall be continuous over its entire area and
until the required density has been obtained.
5 . 16 Field density tests shall be made by the soil engineer .
Where sheepsfoot rollers are used , the soil may be
disturbed to a depth of several inches . Density tests
shall be taken in compacted material below the disturbed
surface. When these tests indicate that the density of
any layer of fill or portion thereof is below the required
90 percent density, the particular layer or portion shall
be reworked until the required density has been obtained.
5 . 17 The fill operation shall be continued in compacted layers ,
as specified above, until the fill has been brought to
the finished slopes and graded as shown on the accepted
plans .
5 . 13 Fill slopes shall be compacted by means of sheepsfoot
rollers or other suitable equipment . Compaction opera-
tions shall be continued until the slopes are stable .
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1
File No . D-2064-JO1
December 10, 1979
5 . 19 All earthmoving and working operations shall be con-
trolled to prevent water from running into excavated
areas . All water shall be promptly removed and the
site kept dry.
6 . 1 Disposal of Oversize Rock
6 . 11 Oversize rock shall be either exported from the site,
used for landscaping purposes , or placed in designated
nonstructural fill areas .
6 . 12 Prior to grading, the soil engineer shall be consulted
to approve any proposed nonstructural fill areas . In
general, nonstructural fill areas will be acceptable if
located outside of the "zone of influence" of proposed
structures ; e. g. rear yard fills at least 15 feet from
structures and beneath street areas (deeper than pro-
posed utility lines) .
6. 13 Oversize rock shall not exceed four feet in greatest
dimension, shall be placed in lifts not exceeding four,
and shall be placed in a manner that will not produce
"nesting" of the rock. The voids between the rocks
shall be completely filled with fine granular material.
6 . 14 No oversize rock shall be placed within four feet of
finish lot grade nor within the anticipated depth of
utility lines , whichever is deeper.
7 . 1 Engineering Observation
7. 11 Field observations by the soil engineer shall be made
during the fill and compaction operations so that he
can express his opinion regarding the conformance of
the grading with the accepted specifications .
8 . 1 Seasonal Limits
8 . 11 No fill material shall be placed, spread, or rolled
while it is at an unsuitable high moisture content ,
nor during unfavorable weather conditions , When the
work is interrupted by heavy rain, fill operations
shall not be resumed until field tests by the soil
engineer indicate that the moisture content and den-
sity of fill are as previously specified.
5-5
GMCON
INCORPORATED
J
Rec�ordi -og Requested by and
`when Re,.;orded, Return to :
may. M. 'Peters Company, Inc.
1601 Dove Street, Suite 190
Newport Beach, California 92660
PROPOSED
DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS FOR
TRACT 16133 , PALM DESERT, CALIFORNIA
Article Title Page
I Definitions 1
II Property Rights 2
Owners' Easement of Enjoyment 2
III Membership and Voting Rights 3
IV Covenant for Maintenance Assessments 4
Creation of the Lien and Personal
Obligation for Assessments 4
Purpose of Assessments 5
Maximum Annual Assessment 5
Special Assessments for Capital Improvements 6
Notice and Quorum for Any Action Authorized
Under Sections 3 and 4 6
Uniform Rate of Assessment 7
Date of Commencement of Annual Assessments
and Due Dates 7
Effect of Nonpayment of Assessments,
Remedies of the Association 7
Mortgage Protection 9
V Architectural Control 11
VI Authority of Association 11
Special Authority 11
Flood Insurance 14
Association Powers, Exclusive 14
Willful or Negligent Upkeep by Owner 14
Distribution of Balance Sheet and Income
Statement 14
VII Use Restrictions 15
Land Use 15
Clothes Lines and Storage 15
Animals 16
Mining and Drilling Operations 16
Commercial Activities Prohibited 16
Nuisances 17
Signs 17
Automobiles, Boats and Trailers 18
Rooftop Appliances 18
Refuse Containment 19
Compliance with Laws 19
Rules for Use of Common .Area 19
Air Conditioning Units 19
-i- I
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Article Title Page
VIII Easements 20
Common Area 20
Lots 21
IX Party Walls 22
General Rules of Law to Apply 22
Sharing of Repair and Maintenance 22
Destruction by Fire or Oth er Casualty 22
Weatherproofing 22
Right to Contribution Runs with Land 22
Arbitration 23
X General Provisions 23
Enforcement 23
Severability 23
Amendment, 23
Easement Reservations and Grants 24
Destruction or Damage to Common Area 24
Non-Use of Common Area or Abandonment of Lot 24
Exhibits 24
Improvements on Future Phases of Development 24
Term 24
XI Rights of Mortgagees and Trust Deed Beneficiary 25
Limitations 25
Partition of Units 27 .
Books 27
Damage or Destruction 27
Condemnation 27
Right of First Refusal 28
Leases 28
Foreclosure 28
Reserve Fund 29
Notice of Default 29
Management 29
-ii-
PROPOSED
DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS FOR
TRACT 16133 , PALM DESERT, CALIFORNIA .
THIS DECLARATION is made on the date hereinafter set.
forth by J. M. PETERS COMPANY,' INC. , a California
corporation.
W I T N E S 5 E T H.
WHEREAS, Declarant is the owner of certain property
located in the State of California, which is more particularly .
described in Exhibit "A
NOW, THEREFORE, Declarant hereby declares that all
of the properties described in Exhibit ."A" shall be held, sold
and conveyed subject to the following easements, restrictions,
covenants and conditions, which are for the purpose of pro-
tecting 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.
ARTICLE I
DEFINITIONS
Section 1. "Association" shall mean
A California nonprofit corporation
by ;and for the benefit of the homeowners.
section 2. "Board" or "Board of Directors" shall.
mean the Board of Directors of the Association duly elected
and acting pursuant to its Articles of Incorporation and By-
Laws.
Section 3. "Owner" shall mean 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 (hereafter
defined) , including contract sellers, but excluding those
having such interest merely as security for the performance
of an obligation.
Section 4 . "Properties" shall mean the real property
hereinbefore described, and such additions thereto as may
hereafter be brought within the jurisdiction of the Association.
. Section 5. "Common Area" shall mean all real
property owned from time to time by the Association for the
common use and .enjoyment of the owners. The Common Area to .
be owned by the Association, free and clear of all encumbrances
and liens other than those approved by the California Depart-
ment of Real Estate at the time of the conveyance of the .first
Lot as described in Exhibit "B" .
Section 6. "Lot" shall mean any designated (by
number) plot of land shown upon any recorded Tract Map of the
properties together with any other designated plot of land
shown on said Tract Map appurtenant thereto and inseparable
therefrom, if any, with the exception of the Common Area.
Section 7 . "Declarant" shall mean J. M. PETERS
COMPANY, INC. ; or its successors and assigns if such succes-
sors or assigns should acquire more than one undeveloped . Lot
from Declarant for the purpose of development.
Section 8 . "Member" shall mean every person or
entity who holds membership in the Association.
ARTICLE II
PROPERTY RIGHTS
Section 1. Owners' Easement of Enjoyment. Every
owner shall have a non-severable right and easement of enjoy-
ment 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 admission and other fees for the use of any re-
creational facility situated upon the Common Area;
(b) The right of the Association to suspend
the voting rights. and right to use of the recreational facili-
ties by an owner for any period during which any assessment
against his Lot remains unpaid, and, in addition, after a
hearing before the Board of Directors held not less than
forty-eight (48) hours nor more than fifteen (15) days after
written notice thereof to said Owner, for a period not to
exceed thirty (30) days for any infraction of the Association' s
published rules and regulations; and
(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; pro-
vided, however, no such dedication or transfer shall be
effective unless an instrument signed by two-thirds (2/3rds)
of each class of members agreeing to such dedication or trans-
fer has been recorded.
Section 2. Any owner may delegate, in accordance
with the By-Laws, his right of enjoyment of the Common Area
and facilities to the members of his family, his tenants, or
contract purchasers who reside on the property.
ARTICLE III
MEMBERSHIP AND' VOTING RIGHTS
Section 1. Every owner of a Lot which is subject to
assessment shall be a member of the Association; provided, how-
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ever. , that no person shall be entitled to . receive or own
more than one (1) membership for each Lot owned by such
Person. 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 (2)
classes of voting membership:
(a) Class A. Class A members shall be all
Owners with the exception of Declarant and shall be entitled
to one (1) vote for each Lot owned. when more than one (1)
person holds an interest in any Lot, all such persons shall
be members. The vote for such Lot shall be exercised as they
among themselves determine, but in no event more than one
(1) vote be cast with respect to any Lot.
(b) Class B_ The Class B member shall be
Declarant who shall be entitled to three (3) votes for each
Lot owned. The Class B membership shall cease and be con-
verted to Class A membership on the happening of any of the
following events, whichever occurs earlier:
(i) when . the total votes outstanding in
the Class A membership equal the total votes outstanding in
the Class B membership, or
(ii) Two (2) years . from the date of the
issuance of the most recent California Department of Real
Estate Final Public Report for the overall development.
ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS.
Section 1. Creation of the Lien and Personal Obli-
gation for Assessments. Declarant, for each Lot owned within
the properties, hereby covenants, and each Owner of any Lot
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by acceptance of a deed therefor whether or not it shall be
so expressed in such deed is deemed to covenant and agree,
to pay to the Association (1) annual assessments or charges,
(2) special assessments for capital improvements and (3) in-
dividual special assessments levied against individual Lot
owners to reimburse the Association for extra costs for main-
tenance and repairs caused by the willful or negligent acts
of the individual Owner not caused by ordinary wear and tear,
such assessments to be established and collected as herein-
after provided. The annual and special assessments, to-
gether with interest, costs and reasonable attorneys ' 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 assessment, together with interest, costs and reason-
able attorneys ' 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 successors in
title unless expressly assumed by. them.
Section 2 . Purpose of Assessments . The assess-
ments levied by the Association shall be used exclusively to
promote the recreation, health, safety, and welfare of the
residents of the Lots and for the improvement and. maintenance
of the Common Area, and of the homes situated upon the Lots.
Section 3 . Maximum Annual Assessment. Until January
1 of the year immediately following the conveyance of the
first Lot with a completed home thereon, the maximum monthly
assessment shall be
($ ) per Lot.
(a) From and after January 1 of the year
immediately following the conveyance of the first Lot with a
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completed home thereon, the maximum annual assessment may be
increased each year not more than three percent (30 ) above
the maximum assessment for the previous year without a vote
of the membership.
(b) From and after January 1 of the year immed-
iately following the conveyance of the first Lot with a com-
pleted home thereon, the maximum annual assessment may be
increased above three percent (3%) by a vote of fifty-one
percent (51%) of each class of members who are voting in
person or by proxy at a meeting duly called for this purpose.
(c) . The Board may fix the annual assessment
at any amount not in excess of the maximum.
Section 4 . Special Assessments for Capital Improve-
ments . 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 vote or written assent of fifty-one
percent (51%) of each class of members (except that, if at
the time of such proposed special assessment there is only
one (1) class of members, such proposed special assessment
must have the vote or written assent of fifty-one percent
(51%) of the members exclusive of Declarant) .
Section 5. Notice and Quorum for any Action
Authorized Under Sections 3 and 4. Any action authorized
under Section 3 or 4 shall be taken at a meeting called for
that purpose, written notice of which shall be sent to all
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members not less than thirty (30) days nor more than sixty
(60) days in advance of the meeting. If the proposed action
is favored by a majority of the votes cast at such meeting,
but such vote is less than the requisite percentage thereof,
members who were not present in person or by proxy may give
their assent in writing, provided the same is obtained by
the appropriate officers of the Association not later than
thirty (30) days from the date of such meeting.
Section 6. Uniform Rate of Assessment. Both
annual and special assessments must be fixed at a uniform rate
for all .Lots and may be collected on a monthly basis.
Section 7. Date of Commencement of Annual' Assess-
ments and Due Dates. The annual assessments provided for
herein for each phase of development within the project shall
commence as to all Lots within the development on the first day
of the month following the date on which the first deed to a Lot
is recorded in favor of a bona fide purchaser. Annual assessments
shall be adjusted appropriately according to the number of
months remaining in the calendar year. The Board of Directors
shall fix the amount of annual assessment against each Lot at
least sixty (60) 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 assessments
on a specified Lot have been paid
Section 8. Effect 'cif Nonpayment of A's'sessMents.
Remedies 'of the 'Association. Regular assessments and special
assessments shall be separate, distinct and personal debts
and obligations of the Owner or Owners of the Lots against
which the sums are assessed. In the event of a default or
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defaults in payment of any such assessment or assessments, and
in addition to any other remedies herein or by law provided,
the Association may enforce each such obligation as follows :
(a) By suit or suits at law to collect each
such assessment obligation. Said action shall be brought
in the name of the Association and the Association shall be
deemed to be acting on. behalf of all the Owners. Any judg-
ment or award rendered in any such action against any such
Owner may include reasonable attorneys' fees. to be fixed by
the Court, interest at six percent (6%) per annum, and col-
lection costs. Upon satisfaction of any such judgment, any
authorized officer of the Association shall, on behalf of the
Association, execute and deliver to the judgment debtor an
appropriate satisfaction thereof.
(b) At any time within ninety (90) days after
the occurrence of any such default, .the Association may give
notice to the defaulting Owner, which said notice shall state
the date of the delinquency, the amount of the delinquency and
make a demand for payment thereof. I£ such delinquency is
not paid within ten (10) days after delivery of such notice,
the Association may file a claim under the lien provided for
in this Article, Section 1, above, against the Lot of such
delinquent Owner. Such claim shall state (1) the name of the
delinquent Owner, (2) a description of the .Lot against which
claim of lien is made, ( 3) the amount claimed (which may,
at Association's option, include interest at eight (8) percent
per annum from the due date of the unpaid delinquency plus
reasonable attorneys' fees and collection costs) to be due and
owing, (4) that the lien is asserted by the Association pur-
suant to the terms of this Declaration (giving the date of
execution and the date, book and page references of the record-
ing hereof in the office of the Recorder of the County of
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Riverside and (5) that a lien is claimed against the des-
cribed Lot in an amount equal to the amount of the stated
delinquency. Any such claim shall be signed and acknowledged
by any two (2) or more members of the Board of Directors and
shall be dated as of the date of the execution of the last
such Board member to execute said claim. The lien may be
foreclosed by appropriate action in court or in the manner
provided by law for the foreclosure of a mortgage under power
of sale in . accordance with California . Civil Code . Sections
2924, 2924b and 2924c. In the event such foreclosure is by
action in court, reasonable attorneys' fees shall be allowed
to the extent permitted by law. In the event the foreclosure
. is as in the case of a mortgage, under power of sale, any
person designated by the Association in writing, shall be.
deemed to be acting as the agent of the lienor and shall be
entitled to actual expenses and such fees as may be allowed *
by law or as may be prevailing at the time the sale is con-
ducted. The certificate of sale shall be executed and ac-
knowledged by any two (2) members of the Board of Directors
or by the person conducting the sale,. A deed upon fore-
closure shall be executed in like manner. The Association,
on behalf, of the Owners, shall have the power to bid in the
Lot at the foreclosure sale and thereafter to sell, lease,
hold and mortgage same. No Owner may waive or otherwise be
relieved of liability for the assessments provided for herein
by non-use of the Common Area or abandonment of his Lot_ The .
failure by the Association to meet any time limits set forth
in this Subsection (b) of. Section 8 of ARTICLE IV shall in
no way impair any of its lien rights securing Association
assessments or any of its other rights.
Section 9 . Mortgage Protection.
(a) No breach of the Covenants, Conditions
and Restrictions herein contained, nor the effect of any lien
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provided for herein, shall affect, impair, defeat or render
invalid the lien or charge of any mortgage made in good faith
and for value encumbering any residence; but, all of said
Covenants , Conditions and Restrictions shall be binding upon
and effective against any owner whose title is derived through
foreclosure or trust deed sale or otherwise with respect to
a residence;
(b) No amendment to this paragraph shall
affect the rights of the holder of any such mortgage or deed
of. trust recorded prior to recordation of such amendment who
does not join in the execution thereof;
(c) By subordination agreement executed by a
majority of the Board and by holders of all first mortgages,
of record against the Lots, the benefits of (a) and (b)
above may be extended to mortgages or deeds of trust not
otherwise entitled thereto; and
(d) Upon request of any Owner, the Association
will furnish, for a reasonable fee, not to exceed Fifteen
Dollars ($15. 00) , for the benefit of any prospective pur-
chaser or present or prospective encumbrances of such parcel,
a statement showing all amounts then due which are secured
by such lien, which statement shall be conclusive as to any
such purchaser or encumbrancer relying thereon in good faith.
(e) First mortgagee may, jointly or singly,
pay taxes or other charges which are in default and which may
or have become a charge against the Common Area and may pay
overdue premiums on hazard insurance policies, or secure new
hazard insurance coverage on the lapse of a policy, covering
the Common Area; and first mortgagees making such payments
shall be owed immediate reimbursement therefor from the
Association. In this regard, the Association acting by and
through its board, is hereby expressly empowered and authorized
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to enter into an agreement in favor of all first mortgagees
respecting such reimbursement, and, by the recordation of
this Declaration, shall be deemed to have agreed to such
reimbursement of all first mortgagees.
ARTICLE V
ARCHITECTURAL CONTROL
No building, fence, wall or other structure or
landscaping shall be commenced, erected or maintained upon
the Properties, nor shall any exterior addition to or change
or alteration therein or change in the exterior appearance
thereof or change in landscaping be made until the plans and
specifications showing the nature, kind, shape, height,
materials, color 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 Board of Directors, or by an architectural
committee composed of three (3) or more representatives
appointed by the Board of Directors. In the event said Board
of Directors, or its designated committee, fails to approve or
disapprove 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; provided, under all
circumstances, any addition, change or alteration or work. as
described above shall be approved by the applicable Department
of the City in which the Subject Property is located prior to
construction and a building permit therefore shall be obtained.
ARTICLE VI
AUTHORITY OF ASSOCIATION
Section 1 . Special Authority. The Association,
for the benefit of the Lots and the Owners, shall acquire, pro
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vide and pay for out of the maintenance fund hereinabove pro-
vided for :
(a) Water, gas, electricity, refuse collec-
tion, other necessary utility services, maintenance and
replacement of landscaping, and painting and repair of the
Common Area and such furnishings and equipment for the Common
Area as the Association shall determine are necessary and
proper, and the Association shall have the exclusive right and
duty to acquire the same; provided, however, that the Asso-
ciation shall be responsible for maintaining the Common
Areas at. all times at a level of maintenance not less than
that necessary for full compliance with the precise plan sub-
mitted to the City of Palm Desertthe Conditions of Approval
attached.' thereto, and the approved landscape plan submitted
pursuant thereto; provided further, that the Association
shall have the duty of contracting for the performance of such
maintenance services with independent contractors regularly
engaged in, or where applicable, licensed in the business of
providing such services.
(b) Refuse collection for the Lots (if the
Association elects to contract for such service) ;
(c) Exterior maintenance of the improvements
constructed upon each Lot which is subject to assessment here-
under, as follows: paint, repair and replace and care for .
roofs, gutters, downspouts and exterior building surfaces, and
garden and otherwise maintain all front and side yards; pro-
vided, however, such maintenance shall not include glass sur-
faces and shall not include maintenance of any. patio. areas.
(d) A policy or policies of fire insurance,
with extended coverage endorsement, for the full insurable
replacement value of the Common Area, or such other fire and
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casualty insurance as the Association shall determine which
gives substantially equal or greater protection;
(e) A policy or policies insuring the Asso-
ciation, its agents, guests and invitees and the Owners
against liability to the public or to the Owners, their guests
and invitees incident to the ownership or use of the Common
Area, in an amount not less than One Hundred Thousand Dollars
($100 , 000) for any one person injured, Three Hundred Thousand
Dollars ($300, 000) for any one accident, and Fifty Thousand
Dollars ($50, 000) for property damage for each occurrence
(such limits and coverage to be reviewed at intervals of not
. less than three (3) years and adjusted, if necessary, to pro-
vide such coverage and protection as the Association may deem
prudent) ;
(f) A policy or policies of casualty, flood
and liability insurance and a fidelity bond meeting the in-
surance and fidelity bond requirements for condominiums or
planned unit development projects established by FHA, VA,
FHLMC, FNMA, and the Government National Mortgage Association
("GNMA") , so long as any of them is a mortgagee or owner of
a lot within the development; except to the extent such cover-
age is not available or has been waived in writing by said
agencies;
(g) Workmen' s Compensation insurance to the
extent necessary to comply with any applicable law;
(h) Any other materials, supplies, furniture,
labor, services, maintenance, repairs, structural alterations,
insurance, taxes (including taxes assessed on the Common Area)
or assessments which, in the opinion of the Board of Directors,
shall be necessary, required or proper for the enforcement of
the provisions hereof.
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P.A f }I
Section 2 . Flood Insurance. If, at any time,
flood insurance is required by any mortgagee of a lot or by
any lender who desires to become a mortgagee of any lot by
reason of any applicable law, ordinance, statute, or the like
requiring flood insurance as a condition of such mortgagee' s
or lender' s loan remaining or being made, the Association shall
forthwith obtain such flood insurance covering the entirety
of the development in amount and coverage, and with such
carrier (s) and subject to such terms, as shall satisfy such
mortgagee or lender.
Section 3. Association Powers, Exclusive. Except
as provided otherwise above, the Association shall have the
exclusive right and obligation to contract for all goods,
services. and insurance, payment for which is to be made from
Association funds. The Association and its designated agents
shall have the right of ingress and egress in and to the . Lots
and Common Area for the purposes set forth in this Article VI.
Section 4. Willful or Negligent- Upkeep by Owner.
In the event that the need for maintenance or repair is caused .
through the willful or negligent act of the Owner, his family,
or guests, or invitees, the cost of such maintenance or re-
pairs shall be added to and . become a part of the assessment
to which his Lot is subject.
Section 5. Distribution of Balance Sheet and Income
Statement. The Association shall prepare, or cause to be
prepared, a balance sheet and an operating (income) state-
ment for the Association as of the accounting dates hereinafter
set forth, and copies of each thereof shall be distributed to
each member within sixty (60) days after said accounting dates.
For purposes hereof, the accounting dates for the preparation
of such balance sheet and operating (income) statement are as
follows
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(a) The first accounting date shall be the
last day of the month closest in time to six (6) months from
the date of closing of the first sale of a lot within the
development. The balance sheet shall be rendered as of said
date, and the operating (income) statement shall be rendered
for the period commencing with the date of closing of the
first sale of a lot within the development and ending as of
said first accounting date.
(b) The second and subsequent accounting dates
shall be the last day of the Association's fiscal year (which
fiscal year shall be a calendar year unless a different fiscal
year is adopted) . The balance sheet shall be rendered as of
said date, and the operating (income) statement shall be ren-
dered for the fiscal year in question-
(c) The operating (income) statement for the
first six (6) months ' accounting period shall include a
schedule of assessments received or receivable itemized by '
lot number and by the name of the person or entity assessed.
ARTICLE VII
USE RESTRICTIOPTS
The Lots and Common Area shall be occupied and used
as follows:
Section 1. Land Use. No Lot in the Properties
shall be used except for residential purposes, excluding,
however, carports or garages or parking areas constructed
thereon by Declarant or as thereafter approved by the. Board
of Directors.
Section 2. Clothes Lines and Storage. No clothes
lines .shall be placed on any Lot in a location visible from
adjoining properties and streets. No lumber, metals, machinery,
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equipment or bulk materials shall be kept, stored, or allowed
to accumulate on any Lot or the Common Area except building
or other materials to be used in connection with the work of
construction, alteration or improvement approved in accordance
with the terms hereof.
Section 3 . Animals. No animals, livestock or poultry
of any kind shall be raised, bred or kept on any Lot or the.
Common Area, except that dogs, cats or other household pets
may be kept on Lots, provided they are not kept, bred or main-
tained for any commercial purpose, or in unreasonable numbers.
Notwithstanding the foregoing, no animal or fowl .may be kept
on said lands which results in an annoyance or is obnoxious
to residents within, or in the vicinity of, the Properties,
and, in any event, any Lot Owner shall be absolutely liable
to each and all remaining owners, their families, guests and
invitees and to the Association, for any and all damage t.o
persons or property caused by any .pets brought upon or kept
upon any Lot or the Common Area by an Owner or by members of
his family, guests or invitees.
Section 4 . Mining and Drilling Operations. No
drilling, mineral or hydrocarbon development operations, re-
fining, quarrying or mining operations of any kind shall be
permitted upon or in any Lot or the Common Area, nor shall
wells, tanks, tunnels, mineral excavations or shafts be per
mitted upon or in any Lot or the Common Area. No derrick or
other structure designed for use in boring for oil, natural
gas, hydrocarbons or minerals shall be erected, maintained or
permitted on any Lot or the Common Area.
Section 5. Commercial Activities Prohibited. The
Lots and Common Area shall not be used for or in connection
with the conduct of any trade, business, professional or
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commercial activity of any kind or nature whatsoever except
as expressly hereinafter provided. No building upon any Lot
or upon the Common Area shall be used in the conduct of any
real estate business, as an office or otherwise, except that
Declarant, or its designees , may maintain thereon model homes
and real estate offices for the purpose of selling any Lot or
Lots (improved or. unimproved) subject hereto or other real
property owned by Declarant or persons designated by Declarant
and contiguous to the property subject hereto; provided,
however, that the rights of Declarant to conduct such commer-
cial activity shall expire five (5) years from and after the
date hereof.
Section 6. Nuisances. No noxious or offensive
activity shall be carried on upon any Lot or the Common Area,
nor shall anything be done or kept thereon which may be or
become an annoyance or nuisance to the Owners or occupants
of any one or more neighboring Lots or of the Common Area.
Section 7 . Signs. No sign or other advertising
device of any nature whatsoever shall be placed or maintained
upon any Lot or the Common Area except neatly painted "For
Sale" , "For Rent" , or "Open for Inspection" signs not larger
than is reasonable and customary in the area and in compliance
with any .Cityof .Palm Desertordinance then in existence regulat-
ing signs. Notwithstanding the foregoing, Declarant, or its
designees, may erect and maintain upon any Lot or Lots owned
by Declarant or upon the Common Area such signs and other ad-
vertising devices as it may deem necessary in connection with
the conduct of operations for the development, subdivision
and sale of the properties or other real property owned by
Declarant or its designees and contiguous to the property
subject hereto; provided, however, that Declarant' s rights to
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conduct such advertising activity shall expire five (5) years
from and after the date hereof; provided further, that such
signs shall only be as authorized by the provisions of the
Municipal Code of Palm Desert .
Section 8 . Automobiles, Boats and Trailers.
Except as expressly hereinafter provided, no Lot shall be used
as a parking, storing, display or accommodation area for any
type of motor vehicle, boat, trailer, camper or motor driven
cycle, the purpose of which parking, storage, display or
accommodation area is to perform any activity thereon respect-
ing maintenance, repair, rebuilding, dismantling, repainting,
or servicing of any kind. Such activities may be performed
within completely enclosed garages or other structures located
on the designated Lot which screens the sight and sound of the
activity from the street and from adjoining property. The
foregoing shall not prohibit the washing and polishing of
any private automobile or motor driven cycle, together with
those activities normally incident and necessary to such wash-
ing and polishing in alleys, provided that such vehicle is not
left unattended. Campers, trucks, boats and trailers shall
be washed .and polished, together with. those activities normally
incidental and necessary to such activity, in the designated
screened Lot specified for storage of these vehicles. No
boat, trailer, camper, truck or commercial vehicle shall be
parked at any time on or in front of any Lot in an area visible
from neighboring Lots, the Common Area or any public street
or easement, except for temporary parking of commercial vehicles
when making deliveries. No automobile or motor driven cycle
shall be left unattended in alleys at any time except where
parking is authorized. The City of Palm Desert Police' Depart-
ment shall cite any such automobile or motor driven cycle left
unattended in any alley or other non-parking space.
Section 9 .. Rooftop Appliances. No radio or tele-
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vision antenna or air conditioning units or other appliances
shall be permitted on the roofs of the structure except those
constructed by Declarant in the development of the Properties
in compliance with the approvals granted by the City of
Palm Desert.
Section 10. Refuse Containment. Trash shall be
confined and contained in the provided refuse enclosures . No
trash containers shall be visible upon any Lot or the Common
Area from any alley, street, Lot or Common Area. Extra trash
containers may be stored within the garage structure located
on each Lot.
Section 11. Compliance with Laws. Each Owner shall
promptly comply with all laws, statutes,, ordinances, rules and
regulations of Federal, State or Municipal governments or
authorities applicable to use and occupancy of, and construc-
tion and maintenance of improvements upon, the Lots and. any
additions thereto.
Section 12. Rules for Use of Common Area. .There
shall be no violation of rules for the use of the Common Area
adopted by the Association and furnished in writing to .the
owner, and the Association is authorized to adopt such rules,
subject to the rights of the Owners pursuant to the terms here-
of. Upon a violation of any such rules by any Owner, the Asso-
ciation shall give the Owner written notice by registered or
certified mail to correct said violation and if the Owner
fails to correct same within fifteen (15) days after the date
the notice is mailed, the Association may apply to any court
for performance of this Declaration, or for an injunction or
for any other appropriate relief, including damages.
Section 13. Air Conditioning Units. The installa-
tion or construction of air conditioning units shall not be
permitted on the roof or in doors or windows of any structure.
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No air conditioning unit shall be installed on any Lot until
the Owner thereof has received approval from the Board of
Directors or an Architectural Committee pursuant to Article
V of this Declaration, and from any Department of the City
or County which requires its approval of such installation or
construction and the Owner has obtained any permits from the
City of Palm Desert. Such air conditioning unit shall be
mounted on a cement slab located in the rear yard of the Lot
or in the atrium, shall be screened to eliminate noise and/
or visibility, shall be electrical and have two
. (2) speed control, shall have an A.R.I. sound rating number
not in excess of eighteen (18) , the unit shall have a top fan .
discharge, a plot plan shall be submitted as required to the
requisite Department of the City of Palm Desert .prior to the
issuance of a building permit, and all the guidelines and
requirements of all applicable City Environmental Performance
Standards shall apply to this Section. The foregoing criteria
are minimum and may be increased by the Board of Directors or .
the City of Palm Desert.
.ARTICLE VIII
EASEMENTS
Section 1. Common Area. The .Common Area shall be
owned by- the Association in The simple for the use, . enjoy-
ment and convenience of each Lot owner. Said Common Area
. shall contain the community areas, walkways, green belts, re-
creational areas (including a swimming pool and ) and
all other areas which are not a part of a Lot. The indivi-
dual grant deeds to any Lot. shall also grant appurtenant ease-
ments to be used in common with others over the Common Area
to be used for all of the uses hereinabove set forth .and for
ingress and egress, public utilities and sewers and for pur-
poses incidental thereto, by and for the benefit of the Owners
-20-
of the Lots and for their families, guests and invitees.
Section 2 . Lots. Each Lot within the Properties
is hereby, declared to have an appurtenant easement over all
adjoining Lots and parcels for ingress and egress purposes,
public utility purposes, drainage purposes, and for the
purpose of accommodating any encroachment due to or resulting
from the settlement or shifting of structures, construction,
reconstruction, repair and maintenance of overhanging portions
of structures, or any other cause. There shall be valid
appurtenant easements for .the maintenance of said encroach-
ments, and the rights and obligations of Owners shall not be .
altered in any way by the existence thereof. In connection
with the construction, reconstruction; repair and maintenance
of overhanging portions of structures encroaching upon adjoin-
ing Lots and parcels, each Owner, by acceptance of delivery
of the deed to his respective Lot, does hereby acknowledge
that Declarant intends, as part of the original construction of
improvements upon certain of the Lots within the Properties,
that such encroachments shall exist. Notwithstanding the fore-
going, except as to the original construction of improvements
by Declarant (which shall include overhanging portions of
structures encroaching upon adjoining Lots and parcels) and
the reconstruction, repair and maintenance thereof in accord- ,
ance with the plans respecting such original construction, in
no event shall a valid easement for encroachment be created in
favor of any Lot or owner if such encroachment occurred due to .
the willful misconduct of such Owner. In addition to the fore-
going, in the event a structure on any Lot is partially or
totally destroyed and then repaired or rebuilt, the owners of
each Lot agree that minor encroachments over adjoining Lots
and parcels shall be permitted and there shall be valid appur- .
tenant easements for the maintenance of said encroachments so
long as they exist.
-21-
ARTICLE IX
PARTY WALLS
Section 1 . General Rules of Law to Ap ly. Each
wall which is built as a part of the original construction of
dwellings upon the Properties and placed on the dividing line
between Lots shall constitute a party wall, and, to the extent
not inconsistent with the provisions of this Article, the
general rules of law of California 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 pro-
portion to such use.
Section 3. Destruction by Fire or Other Casualty.
If a party wall is destroyed or damaged by fire or other cas-
ualty, any Owner who has used the wall may restore it, and if
the other Owners thereafter make use of the wall, they shall
contribute to the cost of restoration thereof in proportion
to such use without prejudice, subject, 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 negli-
gent or willful acts or omissions.
Section 4. Weatherproofing. Notwithstanding any
other provision of this Article, an Owner who by his negli-
gent or willful act causes the party .wall to be exposed to
the elements shall bear the whole cost of furnishing the neces-
sary 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 IX shall be appurtenant to the land and
shall pass to such Owner's successors in title.
-22-
li
Hti9
3,
Section 6 . Arbitration. In the event of any dis-
pute arising concerning a party wall, or under the provisions
b.,
of this Article, each party shall choose one arbitrator, and
such arbitrators shall choose one additional arbitrator, and
P
the decision shall be by a majority of all the arbitrators ...
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 restrictions, conditions, covenants,
reservations, liens and charges .now or hereafter imposed by
1
the provisions of this Declaration. Failure by the Associa-
tion or by any Owner to enforce any covenant or restriction
herein contained shall in no event be deemed a waiver of th.e
right to do so thereafter. In addition to the rights vested
in the Association and the Owners, the provisions of Article
VI, Section 1 (a) herein may be enforced by the City of Palm
Desert for the benefit of the property described in Ex-
hibit "A" , which is attached hereto and incorporated herein
r
by reference.
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. This Declaration may be
amended by an instrument signed by not less than seventy-five
percent (75%) of members of each Class, in person or by proxy.
Any amendment must be recorded, provided, however, that no
such amendment that would materially change the rights,
-23-
rS
preferences or priviledges of any person or restrictions upon
any Lot affected thereby shall be submitted for approval to
Owners without the prior consent of the California Real Estate
Commissioner as set forth in California Business and Profes-
sions Code, Section 11018 . 7 (if such section is applicable).
Section 4. Easement Reservations and Grants. Any
and all easements referred to herein shall be deemed reserved
or granted, or both reserved and granted, as appropriate, by
reference to this Declaration in a conveyance of any Lot.
Section 5. Destruction or Damage to Common Area.
In the event of destruction or damage to the Common Area, any
proceeds of insurance payable to the Association shall be
utilized by it to contract for the repair and reconstruction
of such destroyed or damaged portions of the Common Area sub-
stantially as they existed prior to suchdestruction or damage.
Section 6 . Non-Use of Common Area or Abandonment
of Lot. No Owner may waive or otherwise .be relieved of lia-
bility for the assessments hereinabove provided by non-use
of the Common Area or abandonment of his Lot.
Section 7. Exhibits. All exhibits referred to herein
are attached hereto and shall be deemed incorporated herein by
reference.
Section 8 Improvements 'ori Future Phases 'of
Development. Improvements constructed on lots within future
phases of development must be of a style, quality, size and
cost comparable to improvements constructed on the lots in the
first phase of development.
Section '+9. Term. This declaration shall run with
and bind the land and shall continue in full force and effect
for a term of fifty (50) years from the date of this Declara-
r.i.on, after which time the same shall be automatically extended
-24-
for successive periods of ten (10) years unless within six
(6 ) months of the expiration of any period an instrument is
executed, by not less than a majority of the owners of the lots
and their respective first mortgagees renewing this Declara-
tion.
ARTICLE XI
RIGHTS OF MORTGAGEES AND
TRUST DEED BENEFICIARY
Section 1. Limitations. Unless the prior written
approval of seventy-five (75%) of the first Mortgagees or
the Unit Owners other than Declarant is first obtained,
the Association shall not be entitled to:
(a) Abandon or terminate the project, except
for abandonment or termination as provided by statute in the
case of substantial destruction by fire or other casualty or
in the case of taking by condemnation or "eminent domain" ; .
(b) Amend any provision of this .Declaration
or the By-Laws of the. Association governing the following
subjects-
(i) Percentage interest of the Unit
Owners in the Common Areas of the ' Project or the relative
interest or obligations of the Unit Owners for the purpose of
levying assessments or charges.
(ii) The fundamental purpose .for which
the Project was created.
(iii) Voting procedures or rights:
(iv) Assessments, assessment liens or
subordination thereof.
-25-
(v) Reserves for repair and replacement
of the Common Area.
(vi) Property maintenance obligations.
(vii) Casualty and liability insurance.
(viii) Reconstruction in the event of
damage or destruction.
(ix) Rights to use the Common Area.
(x) Annexation.
(xi) Any provision which by its term is
specifically for the benefit of Beneficiaries or specifically
confers rights on Beneficiaries.
(c) Effectuate a decision to terminate pro-
fessional management and assume self-management of the Pro- .
ject;
(d) Change the pro-rata interest or obliga-
tions of any individual Condominium for the purpose of:
(i) levying assessments or charges or
allocating distributions of hazard insurance proceeds or con-
demnation awards; or
determining the pro-rata share of
ownership of each Unit in the Common Area;
(e) Partition or subdivide any Condominium;
(f) By act or omission seek to abandon, par
tition, subdivide, encumber, sell or transfer the Common Area.
(The granting of easements for public utilities or for other
public purposes consistent with the intended use of the Common
Area by the Condominium Project shall not be deemed a transfer
within the meaning of this clause) ;
(g) Use hazard insurance proceeds for losses
to any Project property (whether to Units or to the Common
-26-
Area) for other than the repair, replacement or reconstruction
of such Project pr nerty.
. Section 2 . Partition of Unit. No Unit shall be
partitioned or subdivided without the prior written approval
of at least the first Mortgagee of said Unit.
Section 3 . Books . Any institutional holder of a .
first mortgage on a Unit in the Project will, upon request,
be entitled to:
(a) Inspect the books and records of the
Project during normal business hours;
(b) Receive an annual audited financial state-
ment of the Project within ninety (90) days following the
end of any fiscal year of the Project; and
(c) Receive written notice of all meetings
of the Association and be permitted to designate a represen-
tative. to attend all such meetings.
Section 4 . Damage or Destruction. In the event
of substantial damage to or destruction of any Unit or any
part of the Common Area, the first Mortgagee on a Unit will
be entitled to timely written notice of any such damage or
destruction and no provision of any document establishing the
Project will entitle the Owner of a Unit or other party to
priority over such first Mortgagee with respect to the distri-
bution to such Unit of any ' insurance proceeds.
Section 5. Condemnation. If any; Unit or portion
thereof or the Common Area .or any portion thereof is made the .
subject matter of any condemnation of eminent domain proceed-
ing or is otherwise sought to be acquired by a condemning
authority, then the first Mortgagee on a Unit will be entitled
to timely written notice of any such proceeding or proposed
-27-
acquisition, and no provision of any document establishing the
Project will entitle the Owner of a Unit or other party to
priority over such first Mortgagee with respect to the distri-
bution to such Unit of the proceeds of any award or settle-
ment.
Section 6 . Right of First Refusal . The right of an
Owner to sell, transfer or otherwise convey to the Owner' s
Unit will not be subject to any "right of first refusal" or
any similar restriction in favor of the Association now or
hereafter contained in this Declaration, the Articles, the .
By-Laws or the Association Rules.
Section 7 . Leases. with the exception of a lender
in possession of a Condominium following a default in a first
mortgage, a foreclosure proceeding or any deed of other arrange-
ment in lieu of foreclosure, no Owner shall be permitted to
lease his Unit for transient or hotel purposes. No Owner may
lease less than the entire Unit. All leases must be in writing
and be expressly subject to this Declaration and to the By
Laws. The breach of any provision hereof or of the By-Laws
shall be a default under the Lease.
Section 8 Foreclosure. Each holder of a first
mortgage lien on a Unit who comes into possession of the Unit
by virtue of a foreclosure of the mortgage, or by deed of assign-
ment in lieu of foreclosure, or any purchaser at a foreclosure
sale, will take the Unit free of any claims for unpaid Assess-
ments and charges against the Unit which accrue prior to the
time such holder comes into possession of the Unit, except for
claims for a pro-rata share of such Assessments or charges
resulting from a pro-rata reallocation of such Assessments or
ch arges to all Project Units including the mortgaged Unit.
-28-
Section 9 Reserve Fund. Condominium dues or
charges (Regular Assessments) shall be established by the
Association and shall include an adequate reserve fund for
repairs, replacement and maintenance of those portions of the
Common Area that must be replaced on a periodic basis; such.
changes shall be funded by regular. monthly assessments of Unit
Owners rather than by special assessments, provided, however,
this provision shall not in any way limit the Board' s power to
impose Special Assessments or any other Assessment as provided
in this Declaration.
Section 10. Notice of Default. The first Mortgagee
and/or its successors and assigns, upon written request for
such notification, shall be entitled to written notification
from the Association of any default by the mortgagor of any
Unit in the performance of such mortgagor' s obligations under
the Declaration, the Articles or By-Laws which is not cured
within sixty (60) days.
Section 11 . Management. Any agreement for profes-
sional management of the Condominium Project or any contract
providing for services of the Declarant shall provide that
the contract may be terminated without cause by either party
on thirty (30) days written notice, without payment of a ter-
mination fee, and the term of any such contract shall not
exceed one (1) year, renewable by agreement of the parties for .
successive one-year periods.
IN WITNESS WHEREOF, the undersigned, being the
Declarant herein, has hereunto set its hand and seal this
day of 1980.
J. M. PETERS COMPANY-, INC. ,
a California corporation
James M. Peters , President
-29-
STATE OF CALIFORNIA )
ss .
COUNTY OF ORANGE )
On 1980 , before me , the
undersigned, a Notary Public in and for said State , personally
appeared JAMES M. PETERS , known. to me to be the President of
the corporation that executed the within Instrument, known to
me to be the person who executed the within Instrument on behalf
of the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
By-Laws or a resolution of its Board of Directors .
WITNESS my hand and official seal.
Notary Public
-30-
EXHIBIT "A"
(On this Exhibit "A" should be typed the
legal description of the First Phase . )
EXHIBIT "B"
(On this Exhibit "B" should be typed the
legal description of all subsequent phases
of the property. )
nNAl
VACANT TENTATIVE
TRACT
NO. 16155
IN THE CITY OF PALM DESERT
COUNTY OF RIVERSIDE CALIFORNIA
It
LIDAL DE.MPIM.-
DEVELOPER
J
IF—
, Ain
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TRACT A3.101-i GENERAL NOTES
42 PET
hipi lo�S6� 1"larlG �dw PETERS
Ejmvj
IrINGL! le�
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CON
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I...USE U..-
1�61
VVITATIVE TRACI? Asws
yt
9INITY MAP
�,�L, 2
COOK STREEt "OVELY LA. VIA CINTA ENTRANCE STREET INTERIOR STREETS STANLEY C. MORSE
CONEk1LTIN0 GI VIL ENGINEERS
45415wRTCILA PAL"0FFNlT.CAL9.,OD2C0
WILLIA1,11, BO211; aA`tuS1J"1 :1. CUB and
41-500 Aon terev Avenue ' LUCY MU, ;CAT
Pala : Desert, Ca. 92.260 : 327 Wright;rood Avenue
: Ores .Ca 92669
619-060-001 i
;. ,a-r nr 7
1vILLIA'i ;iO :i; : JA
CK J. ?.AZA .
41-500 Non terey Avenue : 16 601 Alliance Avenue
Palm Desert, Ca. 92260 ; Tustin, Ca. 92680
619--060-003 2-u0r3: 619--6
.................................. ...........:....................... .................
7
LOS C'OC1I�:ER& LTD : 1,.RLIF/E4r'EI:f1yE rmasor
P. O. rq.: 47 ! 243 Via San Andreas 7
Palm Desert, Ca. 9226; : Saga Clemente Ca. 92672 j
619-060-024 : 619-632-014
...........................................:...................................
........:
LOS COCINEROS LTD : DANIELiVICKY .DERIUC and
P. 0. Doss: 47 : AUGUSTA GROSS
Pairs Desert, Ca. 92260 : 10092 Birchwood Drive 7
619-060-026 : Nuntington Bench, Ca. 92646
: 619-632-023
.......................................................0..............................
C.w'.C. r.D• : I'xk-iC11ES RLSNEAR:; and
P. 0. vox 105€3 : FRED OPa CEROYN
Coachella, Ca. 92236 : 555 So. Anaheim Blvd.
619-060-028 :Anaheim, Ca. 92805
619-68 2-024
•........................................::...�w.uaw.::a.w+..................>.......
COVI.:GTON KAVANA'JGH :x{Ai'ArAUGH COVIVICT0,'
108 Orange fit. , Ste. ;Q : 108 Orange St. , Ste. , 7
Redlands, Ca. 92373 'Redlands, Ca: 92373"
619-060-029 :619-632-0011-004 ttlru'-008
.619-682--014,-023 tI>ru '-043
.. .................................................... ..
WILLIAM BONE :COVE-.{;Tat; 1010:=AU K.
41-»50U Nor.terey Avenue :CIO KOC
Palm Desert, Caa. 92260 n2061 3rd. St. , Unit F
j iverside Ca. 92507
621-230-005 s
621-230-005
.. .......................................................................I..........
STAMLEY/ixI'tRE SA PAWLOWSKI :BALLg=0/i?cFAKLAVD, IOC.
1458 W. James Way :74-075 E! Paseo - Ste. A--7
Anaheim, Ca. 92.801 :Pell€.r Desert, Ca. 92260
619-682-001
........................................... .................
PAt7L/?3i'PCY LTsC'r.L' g; .'-I•••R. PETERS CO.
2200 BETTYgL CI. :1601�1Dove Street
.Suite 190
Fullerton Ca.: 92631
� .1eWPgrt uear_h, Ca. 92660
619- 682-004 :TilPO4-&O
..
....:.............. .... . ...........I..........
T110MAS/iO ELLF:N iIORG N :STANLEY C. i`CiItSE
8913 Greenwood Ave. COrSULTIm-, CIVIL, Ef;CZaERS
Sale Gabriel, Ca. 91775 :73-255 E1 Paseo, Suite
619-662-005 :Pala Desert, Ca. 92260
..............................-,..,........,...................................I........
i OBERT OSTERITIGUDT
41-715 Largo Street
Palm Desert, Ca. 92260
619-682-006
WILLIAP; B01`E JAMES,JEAN CUBA and
41-500 Fonterey Avenue LUCY MUSCAT
Palm Desert, Ca. 92260 327 Ilrightwooci Avenue 1
Ora- e Ca. 92669
619-060-001 '
..............................:.b i:::G 2;.C7.........................7
WSLLI<tit BODE : JACK J. LAZAP.
41-500 Monterey Avenue : 16601 Alliance Avenue
Palm Desert, Ca. 92260 : T'ust'in, Ca. 926 O
619-060-003 : 619-682-008
...........................................:...........................................
LOS COCINEROS LTD : ARLIE PEVELYNE ELLISOt
P. 0. Box 47 243 Via San Andreas
j Palm Desert, Ca. 92260 : San Clemente, Ca. 92672
6 L°-060-024 619-682 014
....................................... • .........................................
'••LOS COCINEROS LTD : DANIEL/VICKY DERIEG and
P. 0. Eon 47 : AUCUSTA GROSS
Palm Desert, Ca. 92260 : 10092 .Birchwood Drive
619-060-026
: Huntington. Beach, Ca. 92646
: 61
..........................................:...9....z.�23.........................
C.V.C.W.D• : FRA?ACHES BESI3� ARS and
F. 0, Bo.. 1058 : FRED ORGERONT
Coachella, Ca. 92236 555 So. Anaheim Blvd.
619-060-028 : Anaheim, Ca, 92305
- - -I--i
- .. 619-682-024
...........................................:.F-.l..+ea.•... .........................
COVINGTON KAVANAUGH : KAVANAUGli OVINGTON
108 Orange St. , Ste. #7 : 105 Orange St. , Ste. , 7
Redlands , Ca. 92373 : Redlands ,. Ca. 92373 -
619-060-029 : 619-682-001,-004 thru'-008
619-682--014,-023 thru'-043
.........................................:...........................................
WILLIAM BONE : COVINGTON KAVANAUGII
41-500 tdonterey Avenue : C/0 F. KOCH
Palm Desert, Ca. 92260 : 2061 3rd. St. , Unit F
621-230-005 : Riverside, Ca. 92507
621-230-006
..........................................:...........................................
...........................................
STA!NLEYMIERESA PA14L0I3SKI : BALLEW/McPARLAND, INC.
1458 W. James Way : 74-075 El Paseo - Ste. A-7
Anaheim, Ca. 92801 : Palm Desert, Ca. 92260
619-682-001.
.......................................... ...........................................
PAUL/BETTY LI GH23Atd : J• M. PETERS CO.
: 16+01 Dove Street
2200 hilltop ct. : Suite 190
Fullerton, Ca. 92631 : Piewport Leach, Ca. 92660
619-682-004 : DP04-80
•• •..............0...... ....... ................................0........0.......
T11OMAS/JO ELLEN MORGAN • : STANLEY. C. MOPSE �>
8913 Greenwood Ave. : CONSULTING CIVIL ENGINEER
San. Gabriel, Ca. 91775 : 73-255 El Pasco, Suite 18
619-692-005 : Palm Desert, Ca. 92260
.........................................:...........................................
ROLERT OSTERHOUDT
41--785 Largo Street
Pain Desert, Ca. 92260
619-682-006
WILLIAM BONE : JAMES/JEAN CUBA and
41-500 Monterey Avenue : LUCY MUSCAT
Palm Desert, Ca. 92260 327 Wrightwood Avenue
619-060-001 Orange, Ca. 92669
- ...., ...<<,.< <<.. .. ...... `I6 ,70 9-0Q 7........................
WILLIAM BONE " ; JACK J. LAZAR
41-500 Monterey Avenue : 16601 Alliance Avenue
Palm Desert, Ca. 92260 ; Tustin, Ca. 92680
619-060-003 : 619-682-008
LOS COCINEROS LTD : ARLIE/EVELYNE ELLISON
P. 0. Box 47 : 243 Via San Andreas
Palm Desert, Ca. 92260 ; San Clemente , Ca. 92672
619-060-024 ; 619-682-014
LOS COCINEROS LTD : DANIEL/VICKY DERIEG and
P. 0. Box 47 : AUGUSTA GROSS
Palm Desert, Ca. 92260 j10092 Birchwood Drive
619-060-026 Huntington Beach, Ca. 9264E
619-682-023, .,,,.< <<,, , . , , .......
C .V.C .W.D. : FRANCHES BESHEARS and
P. 0. Box 1058 : FRED ORGERON
Coachella, Ca. 92236 : 555 So. Anaheim Blvd.
619-060-028 ; Anaheim, Ca. 92805
619-682-024
COVINGTON KAVANAUGH ' KAVANAUGH COVINGTON
108 Orange St. , Ste . #7 ; 108 Orange St. , Ste . , 7
Redlands , Ca. 92373 Redlands , Ca. . 92373 .
619-060-029 7619-682-001 ,-004 thru '-008
; 619-682-014,-023 thru '-043
WILLIAM BONE 7COVINGTON KAVANAUGH
41-500 Monterey Avenue : C/O F . KOCH
Palm Desert, Ca. 92260 12061 3rd. St . , Unit F
621-230-005 ' Riverside , Ca. 92507
621-230-006
.......... ... .............. .
STANLEY/THERESA PAWLOWSKI iBALLEW/McFARLAND, INC .
1458 W. James Way , 74-075 E1 Paseo - Ste . A-7
Anaheim, Ca. 92801 :Palm Desert, Ca. 92260
619-682-001
_--..------------_ -------------_______.--__
PAUL/BETTY LECHMAN :J. . M. PETERS CO.
2200 Hilltop .ct. : 1601 Dove Street
Fullerton, Ca. 92631 :Suite 190
;Newport Beach, Ca. 92660
619-682-004 1DP04-80
. ... . ... ... .........
THOMAS/JO ELLEN MORGAN ;STANLEY C . MORSE
8913 Greenwood Ave . : CONSULTING .CIVIL ENGINEERS
San Gabriel , Ca. 91775 173-255 El Paseo, Suite #8
619-682-005 ,Palm Desert, Ca. 92260
ROBERT STERHOUDT
41-785 Largo Street
' . Palm Desert, Ca. 92260 APR 2 8 i98�
ti1q-.AR9-nnh
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IN THE CITY OF PALM DESERT
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COUNTY OF RIVERSIDE CALIFORNIA
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4e?tl-e LS 0Y SCrl�R=P� 4NO 66eO WeFrt'JC'� eW rev'OCAS
NOWE
4? l' eV4rE d5r(lf6 L-=l�S ev eae 614eNl?alN� l3Y lelcw6o NNLi?S OWNER
Z� zs 2� r : N 13 4clzeAGF- 4 cZ 4c� lv�t' LAS COCINSA;m LTlJ
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3.
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LAND USE SUMMARY
w w� � i i crx►t�-r�kv
�IPIVI�r�=,lPc�' C(�MMC�N •t
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0011,
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! Cola MWV 1-66 &C r eb 1�- 105 r " � r ��./
C-�ClstlnG I - `�' PPOB 22 11 ZCal5 LC�lS G r
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l�r �rllc/es d�8 �d l z" wAr�lr 111 Ind CCk l.7 lnlu I„r VIA ce vm
32 llNlrS 12S !SG !G2 IG�J
e4�VC1!Y GANE �
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EA.C. V VICINITY MAP
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VIA Clvr^. A� 6�MC" � s�c� STANLEY C . MORSE
COOK STREET`, LOVELY LANE VIA CINTA EN'rRANICE STREET' INTERIOR STREETS Wr�ra-AeDt � 6&t-rtllw 6nNes (W
C� 6rMe�5- CONSULTING CIVIL ENGINEERS
MC-'l�ll�N CCIRcO Zt�l3E CIaMS1Y'CG(C C•1� !jS
PLANNING - ENGINEERING - SURVEYING
TENTATIVE
TRACT
NO 16155
(�l'�IeC�VC� CJY C�llf'6-�1L'�''C Cal=l�lG�.1C VI.rM'1�iS
45445 PORTOLA PALM DESERT , CALIF. 92260
DATE OF PREPARATION : MARCH a 1980 E■I�IIERS (714) 346 • 6163
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\ !P�•' � � �'� �� 2323 agTCtr�f> WALL
COUNTY OF RIVERSIDE CALIFORNIA
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LEGAL DESCRIPTION
�� • I � R` v e- aC 16ll'me1. ANr.J � 23<3
DEVELOPER
$7L�ThCj'4/r47FlP
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GENERAL NOTES
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s S4NlrArvY s�av67�s COOC«�ccA V4ccFY WAr� �ls&r�lCr
Co w4r4gre : CoAcl-lr-ezA vW6rY w4rr--p 01sT�err l
r _
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30
i N./ .� sr��-�-rs c�rY mil-lac�r �k�sc•�r sr��vR�s �UL rl�'�l�T
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7B � �s 1�hNN1NG r�Y � �c�Fw nrc��Rc�N� S�lllC l�
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LAND USE SUMMARY'
_ ��� � �w � �s• � �cntirn�ckv
_ CX'c�N S!'IaCLc R�iSll'7EN7'1!-!L l'R!V!-lI'C (�lPl VlJ I�= !P�' ccokl "o/v
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VICINITY MAP
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arm monuo
l=L1lL1lF = M eW COAA8lTC CX1Srl11� lMl"1R)V&Nf&Vr6 C-'X13rllLU IMR�VV,=M&VIS l'eC-V 4.7 f Q'
C2'�NSI7�LeCI'lC�IV Wlrll 77 ACr 1Ge'.3.'� (�� 3A WCC�IC SITC. Flt�al�t ClX'l� Its
VeA CINr^. A� C(WMON � &9'CF STANLEY C . MORSE
COOK STREET`, �iOVELY LANE VIA CINTA ENrRANtCE STREET INTERIOR STREETS 6orlca4-Alxxco 4&-z'a(mv C-mev65 (w
TENTATIVE
TRACT
NO
ccx� 67A%r �- CONSULTING CIVIL ENGINEERS
Z'
7A,1
clrm�o rc� cc�nnsrlcc�crC-.r� �s PLANNING ENGINEERING SURVEYING
45445 PORTOLA • PALM DESERT , CALIF. 92260
DATE OF PREPARATION MARCH a , 1960 (714) 346 . 6163
MAY2� ;480
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r- �� aSrLECC'C� WIaCC
COUNTY OF RIVERSIDECALIFORNIA
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LEGAL DESCRIPTION
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1 ? ��-
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;
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GENERAL NOTES
� ! �'XISTlr� Fl)Nlr1�^= !�'SS�'
ew S
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y 5. S1aNlrlat?Y 66W&Fs CO1crr�ceA vl�cc�Y WAr� �lsrl?rcr•
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a. oSrO 4?" WArew;s ry w eX R6-'Cr� m O N SrrF t?6:rCN17nN
NDARY
�� C �, /, F►��sEv ccx� c� 42L-3S to3Y SClt?t ACC 4NO 644 3�SLlR!�'.JC49 ew rey00 S
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,,,, -- °� � �- _ ` as• os• � � � � �S�SOaClllrl0)N
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633 -93%31
R=tz� ' " ' •-*- - LAND USE SUMMARY
G- 2G 10 w - " cL'�nlnxkv w /
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l'1�11SE CnrS �LINI,�) &xLa=15 l�R&q O 'oov S!- 6:
RlaMC�N
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cxlsrin�
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t2`s�=w�� ������dd� \ SG C1Nlr5 C9 24
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PLANNING - ENGINEERING SURVEYING
l���(eC�VG17 CtlY C�llf'C�IL Cal=l'ClGX1c YtXkC"1�5 45445 PORTOLA - PALM DESERT , CALIF. 92260
TENTATIVE
TRACT
016155
DATE OF PRE'AIIATWN : MARCH S 1900 E 5 (714) 346 . 6163
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232.3� COUNTY OF RIVERSIDE CALIFORNIA
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WA C!"!r- /jCXX-;0 AMC" CW:IFW = STANLEY C . MORSE
COOK STREET- POYELY LANE VIA CINTA EN PRANCE STREET INTERIOR STREETS I-orlcla-AeX;eD 6&%r?z1emv ZANe-a (W
c sx - CONSULTING CIVIL ENGINEERS
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elrrMOVGV Zr 011r6rinx Or ettIO lC KOMAS 45445 PORTOLA - PALM DESERT , CALIF. 92260
DATE OF PREPARATION : MARCH 3 , 1980 �ES (714) 346 - 6163
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jC COUNTY OF RIVERSIDE , CALIFORNIA
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V FActcrrlc,S �an�r� 4n
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CITY 9- PALM DESERT
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DATE OF PREPARATION : MARCH 3 1980
ElmEER5 45445 POPTOLA(714R)ALM6 DESERT ,6 CALIF. - 92260
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APR25198b
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CITY OF
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DEPARTMENT
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EXHIBIT
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IN THE CITY OF PALM DESERT
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(714) 346.6163
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