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HomeMy WebLinkAboutTT 17104 RUTLEDGE WAY/THE VINEYARDS 1981 <m ff 'i F18 TI Tv_rn� 11D®=ono-( o 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (7I4) 346 -1611 February 27 , 1981 Lewis Homes of California 45-445 Portola Avenue Palm Desert , California 92260 Gentlemen: At its regular meeting of February 26 , 1981, the Palm Desert City Council approved Final Map for your Tract No. 17104 (phases 1-16) by unanimously adopting Resolution No . 81-29 . I am enclosing a copy of this resolution for your information. If you have any questions , please don' t hesitate to contact me. Sincerely,-� Q AZI SHEILA R. GILLIGAN CITY CLERK SRG/dc Enclosure (as noted) f RESOLUTION NO. 81-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION OF TRACT 17104 (16 PHASES) , APPROVING THE AGREEMENT RELATING THERETO. BE IT HEREBY RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . The Final Subdivision Map of Tract 17104 (16 Phases) , City of Palm Desert, California, is hereby approved as the official subdivision map of said t tract, subject to the conditions of the Tentative Map. 2. The Standard Subdivision Agreement for Tract 12181-1 , the underlying subdivision, guaranteeing completion of the public improvements required by law has been previously executed and shall remain in force for this subdivision. 3. The improvement security as required by law has been received and approved for Tract 12181-1 , the underlying subdivision, and shall remain in force for this subdivision ' 4. The City Engineer is directed to process the Final Map for recording upon payment of all fees. PASSED, APPROVED, and ADOPTED on this 26th day of Feb . 1981 , by ` the following vote, to wit: AYES: 14cPherson, Newbrander , Puluqi , Snyder & Wilson NOES: None ABSENT: None ABSTAIN: None S. 0 % ILO , MAYOR / ATTEST: SHEILA R. GIL , CITY CLERAI CITY OF PALM DESERT, CALIFO A Q JAN29 PIFLET 46-276 PRICKLY PEAR LANE,PALM DESERT.CAUFORNIA 92260 S T CA Q f I)99t�''1 ER TELEPHONE(714) 348-06I1 FORWARDING EXPIRED. Kenneth Space - C4 ��"o 4301 or Calkins C9 Zo palm D la Ave. es t. Ca. 92260 4 .. A e ELM, s� o ? c+ LID co - ao oc f ri cnp fit' • ' � `� 45-27.5 PRICKLY PEAR LAME, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 21 , 1981 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO ALLO'W ,THE SUBDIVISION OF 31 EXIST- ING DUPLEX LOTS INTO A-ONE LOT SUBDIVISION CONSISTING OF 16 PHASES (62 UNITS) ON 9.8 ACRES LOCATED AT THE NORTHWEST CORNER OF - RUTLEDGE WAY AND PORTOLA AVENUE. CASE.NO. TT 17T04 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by LEWIS HOMES OF CALIFORNIA, for approval of a Tentative Tract Map:to allow the sub= division of 31 existing duplex lots into a one lot subdivision consist- ing of 16 phases (62 units) on 9..8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preserva- tion Overlay) zone generally located at the northeast corner. of Rutledge Way and Portola Avenue, more particularly described as: Tract 12181-1 --�il: ' f ' I MAGNESIA FALLS PFN! I Tr 1710+ / PARK 0 93 EA aun eeu�[ SAID Public Hearing will be held on February 12, 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. SHEII-A D, GILLIGAN, City Clerk City of Pala Desert, California PUBLISH: Palm Desert Post January 29, 1981 t CITY OF PALM DESERT TRANSMITTAL LETTER I . TO: Honorable Mayor and City Council II . REQUEST: Approval of a Tentative Tract Map to allow subdivision of 31 existing duplex lots into a one lot subdivision of 16. phases (62 air space units) on 9.8 acres within the R-2 (5) S.P. (Single Family Residential , one unit per 5,000 sq. ft. of lot area, Scenic Preservation Overlay) zone, generally located at the northwest corner of Rutledge Way and Portola Avenue. III . APPLICANT: LEWIS HOMES OF CALIFORNIA 45-445 Portola Avenue, Suite IA Palm Desert, Calif. 92260 IV. CASE NO: TT 17104 V. DATE: February 12, 1981 VI . CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Resolution No. 81-19 D. Planning Commission Minutes involving Case No. TT 17104. E. Planning Commission Resolution No. 671 . F. Planning Commission Staff Report dated January 14, 1981 . G. Related maps and/or exhibits. ------------------------------------------------------------------------------ A. STAFF RECOMMENDATION: Waive further reading and adopt Resolution No. 81 -19 approving TT 17104. B. DISCUSSION: This request was previously before the Council at the meeting of December 4, 1980. At that time, the applicant asked that the Tentative Tract Map be referred back to the Planning Commission for amendment. The original request was to split the duplexes into 62 individual residences on separate lots. Due to the high costs of compliance with the Building Code changes, the applicant decided to amend the Tentative Tract Map to the request to create 62 air space units in 16 phases. The Planning Commission reviewed this request along with an amended Conditional Use Permit at the meeting of January 14, 1981 . There was no participation from the audience regarding this request. The Commission had several general questions which were answered by Staff. Thereafter, the Commission recommended approval of this request on a unanimous vote (3-0 with Berkey and Richards absent) . RESOLUTION NO. 81-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,. CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A ONE LOT SUBDIVISION LOCATED ON THE NORTH SIDE OF RUTLEDGE WAY, WEST OF PORTOLA AVENUE. CASE NO. TT 17104 WHEREAS, the City Council of the City of Palm Desert, California, did on the 3rd day of February, 1981 , hold a duly noticed Public Hearing to consider the request of LEWIS HOMES OF CALIFORNIA for approval of a Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into a one lot subdivision consisting of 16 phases (62 units) on 9.8 acres within the .R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq. ft. of lot area, Scenic Preservation Overlay) zone generally located on the north side of Rutledge Way, west of Portola Avenue, more particularly described as: Tract 12181-1 WHEREAS, the Planning Commission, by Resolution No. 671 , has recommended approval subject to conditions. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project has previously been assessed in connection with Case No. TT 12181-1 and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve the Tentative �. Tract Map: (a) That the proposed map is consistent with appli- cable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of ( improvements will not conflict with easements, ac- quired by the public at large, for access through or use of, property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of l RESOLUTION NO. 81 -19 Page, Two Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve the above described Tentative Map No. TT 17104 for the reasons set forth in this Resolu- tion and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this day of by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: S. ROY WILSON, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California 1. RESOLUTION NO. 81-19 Page Three CONDITIONS OF APPROVAL CASE NO. TT 17104 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. All applicable conditions of Resolution No. 78-119 and CUP 14-80 (amended) shall be met. 3. CC&R's to be submitted to Director of Environmental Services for review and approval prior to recordation of final Tract Map, with CC&R's to include but not be limited to the following provisions, to insure: A. Architectural and exterior color compatibility is maintained. B. Front yard landscaping compatibility. C. Lewis Homes shall act as third party to settle disagreements. D. Easements for use of driveway and other common areas. E. Definition of usage of common wall areas, and maintenance and repair of all common features. l - - MINUTES PALM DESERT PLANNING COMMISSION MEETING WEDNESDAY - JANUARY 14, 1981 1:00 P.M. - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER The regularly scheduled eeting of the Palm Desert Planning Commission was called to order at .00 p.m. by .Chairman Miller in the City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE Commissioner Kryder III. ROLL CALL Members Present: Commissioner Kryder Commissioner McLachlan Chairman Miller Excused Absen Commissioner Berkey Commissioner Richards Staff Pres t: Ramon A. Diaz, Director of Environmental Services Stan Sawa, Principal Planner Linda Russell , Planning Secretary Others resent: Barry McClellan, Director of Public Works IV. APPRO AL OF MINUTES A. Minutes of regular meeting of December 30, 1980. tion was made by Commissioner Kryder, seconded by Commissioner McLachlan, to appr ve the Minutes as submitted. Carried unanimously (3-0). V. WRITTEN COMMUNICATIONS - NONE VI. PUBLIC HEARINGS A. Case Nos. CUP 14-80 and TT 17104 (Revised) - LEWIS HOMES OF CALIFORNIA, Applicants Request for approval of an amendment of a Conditional Use Permit and Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into a one lot subdivision consisting of 16 phases (62 units) on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preser- vation Overlay) zone generally located at the northwest corner of Rutledge Way and Portola Avenue. Mr. Sawa presented this case stating that the applicants are now requesting approval of G2 air space condo units to be built in 16 phases. He explained that the reason for this change is to be able to provide affordable housing and noted that no structural changes are being proposed. He also noted that the 31 duplexes were presently under construction. He stated that there were several concerns addressed in the Conditions of Approval regarding common uses. Staff recommended approval . Chairman Miller asked Mr. Sawa where they would start building. since it is to be in 16 phases. Mr. Sawa replied that the applicants were present and would answer this question. Commissioner McLachlan asked what made the applicants aware of the need to change the plan. Mr. Sawa replied that after they went through prelirpinary plan check in the building department, the changes necessary would have made it very expensive for the applicants. Commissioner Kryder asked if the 16 phases would have to be completed within a year. Mr. Sawa stated that the Tentative Tract Maps would have to be recorded within a year with the possibility of a time extension. MINUTES PALM DESERT PLANNING COMMISSION MEETING JANUARY 14, 1981 Page Two VI. PUBLIC HEARINGS (cont. ) Chairman Miller opened the Public Hearing asking if the applicant wished to make a presentation. MR. BILL SULLIVAN, Representative of Lewis Homes, explained why they were making this change and noted that the proposed air space condominiums would not be structurally different from the duplexes and would be sold individually. 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 Kryder, seconded by Commissioner McLachlan, to recommend approval to the City Council of Case No. TT 17104, by adoption of Planning Commission Resolution No. 671; and, approve CUP 14-80 by adoption of Planning Commission Resolution No. 672, subject to conditions. Carried unanimously (3-0). B. Case No. CUP 05-79 - WESTSIDE ENTERPRISES, LTD. , Applicants. s for approval of a one year extension of time for a previously approved Conditional Use Permit for a 36 unit planned residential development in the R-2 8,000 zone (Single Family Residential , 8,000 sq.ft. lot) located east of Chia rive, between Skyward Way and Homestead Rd. Mr. Saw presented this case stating that considerations made originally were still vali He added that the development was in a AO-3 flood zone, which meant that the a plicants would have to have Flood Review Committee approval before they continue wit the project. Chairman Mil er opened the Public Hearing asking if the applicant wished to make a presentation. MS. PATTY MART Ballew-McFarland, stated she would answer any questions the Commission might ha e. . Chairman Mill asked if the applicants knew of the flood zone. Ms. Martin stated that the En ineer for this project was currently working on this matter. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION to this c se. There being none, the Public Hearing was closed. Motion was made by Comm sioner Kryder, seconded by Commissioner McLachlan, to approve a one year time exte sion by adoption of Planning Commission Resolution No. 673, subject to the original conditions contained in Planning Commission Resolu- tion No. 528. Carried unanimousl (3-0). C. Case Nos. C/Z 03-80 and UP 12-80 - J. CAMERON ALLARD and BALLEW/ MCFARLAND, INC. , Applica ts. Request for approval of a re-annexation change of zone from R-1 12,000 (Riverside County, s'ngle family residential 12,000 sq.ft. minimum lot size) zone to R. . (mobile home) and PC-2 (District Commercial Center) or other ne as deemed appropriate, and a Conditional Use Permit to all the development of a 646 unit mobile home subdivision and 13 cres of commercial uses on 162.5 acres located in the northwest uarter of section 4, township 5, range 6 east San Bernardino base at the southeast corner of Portola Avenue (extended) and Fra k Sinatra Drive (extended). Mr. Sawa presented this case stating tha the property is presently in the preliminary stages of annexation. He stated tha the development would conform to the General Plan. He then illustrated on the ap the location and design of the development and recommended approval . PLANNING COMMISSION RESOLUTION N0. 671 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A REVISED TENTATIVE TRACT MAP TO CREATE A 1 LOT SUBDIVISION LOCATED ON THE NORTH SIDE OF RUTLEDGE WAY, WEST OF PORTOLA AVENUE. CASE NO. TT 17104 (AMENDED) WHEREAS, the City Council of the City of Palm Desert,. California, did on the 4th day of December, 1980, refer this request back to the Planning Com- mission for amendment, at the meeting on the 14th day of January, 1981 , to consider the request of LEWIS HOMES OF CALIFORNIA for approval of a Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into a one lot subdivision consisting of 16 phases (62 units) on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located on the north side of Rutledge Way, west of Portola Avenue, more particularly described as: Tract 12181-1 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project has previously been assessed in connection with Case No. TT 12181-1 and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all . testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the amended 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 Ac--t, 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. WHEREAS, in the review of this amended Tentative Tract Map, the Planning Commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and en tronmental resources. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described amended Tentative Map No. 17104 for the reasons set forth in the Resolution and subject to the attached conditions. 3. That Resolution No. 654 is hereby superceded by this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert -\, RESOLUTION NO. 671 Page Two Planning Commission, held on this 14th day of January, 1981 , by the following vote, to wit: AYES: KRYDER, MCLACHLAN, MILLER NOES: NONE ABSENT: BERKEY, RICHARDS ABSTAIN: NONE CHARLES HULLER, Chairman ATTEST: RAMON A. DIAZ Director of Environmental Services /Pa - l r RESOLUTION NO. 671 Page Three CONDITIONS OF APPROVAL CASE NO. TT 17104 (AMENDED) 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 Statures now in force, or which here- after may be in force. 2. All applicable conditions of Resolution No. 78-119 and CUP 14-80 (amended) shall be met. 3. CC&R's to be submitted to Director of Environmental Services for review and approval prior to recordation of final Tract Map, with CC&R's to include but not be limited to the following provisions, to insure: A. Architectural and exterior color compatibility is maintained. B. Front yard landscaping compatibility. C. Lewis Homes shall act as third party to settle disagreements. D. Easements for use of driveway and other common areas. E. Definition of usage of common wall areas, and maintenance and repair of all common features. l C u CITY OF PALM DESERT STAFF REPORT TO: Planning Commission REPORT ON: Amendment of Conditional Use Permit and Tentative Tract Map APPLICANT: LEWIS HOMES OF CALIFORNIA 45-445 Portola Avenue, Suite IA Palm Desert, Calif. 92260 CASE NO: CUP 14-80 and TT 17104 (REVISED) DATE: January 14, 1981 I. REQUEST: Approval of an amendment of a Conditional Use Permit and Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into a one lot subdivision consisting of 16 phases (62 units) on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located at the north- west corner of Rutledge Way and Portola Avenue. LOCATIONAL MAP: U� I � URIV9 MAGNESIA FALLS CUP 14-00 N _ �TT 17104 J COM MUNR II BACKGROUND: A. REQUEST FOR AMENDMENT: CUP 14-80 and TT 17104 were reviewed and approved by the Planning . Commission at the meeting of November 5, 1980. The Tentative Tract was subsequently scheduled for the City Council Meeting of December : 4, 1980. The applicant requested the Tentative Tract be referred back to the Planning Commission for amendment. The applicants had determined that the structural changes necessary to split the duplexes into individual lots, made it unfeasible. As air space units, no major changes would be necessary. (0Z The applicants are now requesting approval to have B.1 air space condominium units in a one ,lot subdivision consisting of 16 phases. A ,revised Tract Map has been submitted to reflect the change. B. ADJACENT ZONING/LAND USE: North: R-M/Mobile Home Park South: R-1/Single Family East: P/School West: PR-4, S.P./Vacant STAFF REPORT CUP 14-80 and TT 17104 January 14, 1981 Page Two C. GENERAL PLAN LAND USE DESIGNATION: Medium Density Residential , 7-12 d.u./acre. D. ENVIRONMENTAL ASSESSMENT: The proposed project has been previously assessed in connection with Case No. TT 12181-1 , and no further documentation is deemed necessary by the Director. E. PREVIOUS PERTINENT CASES: TT 12181-1 : LEWIS HOMES, Applicant - 31 lot subdivision for duplex development approved by City Council October 12, 1978. 181 MF: LEWIS HOMES, Applicant - Design Review Case for 31 duplex units approved by ORB September 11 , 1979. . F. DWELLING UNIT DESCRIPTION: 2 bedroom/2 bath - 53 units varying from 1000 to 1225 sq.ft. 3 bedroom/2 bath - 9 units with 1147 sq.ft. 62 Total Units NOTE: Square footages are for interior living area only. G. PHASING: 16 total phases. 15 phases would consist of 4 units, with one phase consisting of 2 units. III. DISCUSSION: A. General : The applicant states the purpose of this request is to provide affordable housing stock (cost to be approximately half of the cost of duplex) and because of restrictions on loans for multifamily dwellings. B. CONDITIONAL USE PERMIT: The Conditional Use Permit allows the proposed property to be used for "Planned Residential Developments" which encourages variety in housing types. This is done by providing flexibility in lots sizes, setbacks, etc. C. TENTATIVE TRACT The Revised Tentative Tract Map allows a one lot subdivision for condominium purposes consisting of 16 phases. D. PROJECT DESIGN The applicant proposes no physical changes to the project at this time. The 31 duplexes are under construction at this time. Staff feels that if this request is approved, side yard walls or fences should be constructed between the duplexes to create private rear yards. STAFF REPORT. CUP 14-80 and TT 17104 E: PRACTICAL CONSIDERATIONS In order to sell the duplexes to individual owners, it will be necessary to develop new CC&R's to set ground rules for common areas and other common concerns. Such things as maintaining build- ing exteriors and landscaping compatibility, settling disputes regarding common concerns, driveway easements, use of common wall areas, etc. , must be worked out if this request. is approved. The proposed conditions of approval address these concerns. IV. STAFF RECOMMENDATION: Based on the justification and findings contained in draft Resolutions: Recommend approval of Case No. TT 17104 to City Council by adoption of Planning Commission Resolution No. , , and approve Case No. CUP 14-80 (amendment) by adoption of Planning Commission Resolution No. , subject to the conditions attached thereto. QW .. ..:.. .. / ....�'•,xw'.;.x�a .:;rec _•.ea:w�r .uti =..ews�e..y-*Kw•..y.s�'4-bakf�.-��K 45-445 PORTOLA AVE. LQ W\\// I S I� O M QS PALM DESERT,CALIFORNIA 92260 (714) 568-2711 BUILDERS OF FINE RESIDENTIAL DEVELOPMENTS December 22, 1980 Mr. Ramon Diaz Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Dear Mr. Diaz: On November 5, 1980, the Palm Desert Planning Commission approved CUP 14-80 and Tentative Tract 17104. Lewis Homes has requested that these cases be taken back to the Planning Commission for review of some changes. The reason for this request is that during the review by your building department, numerous items that made the project imprac- tical for conversion to zero lot line single family units were found. However, if the project was resubmitted as single family air-space condominiums, no structural changes to the units would be required. Based on these considerations, Lewis Homes is requesting that the City amend these projects to,reflect Air-Space Condominiums. Sincerely, LEWIS HOMES OF CALIFORNIA W DEC 2 2 1980 William J.Sullivan ENVIRONNIENTAI SERVICES Project Manager CITY OF PALM DESERT. WJS :pr 1 ":,'Enter the long awaited duplex home series of Vineyards East. The homes are meant as a connoisseur S edition,appCahtlg fO While the duplex concept is not new it has been freshly the aesthetic senses and the practical consideration of today expressed by Lewis Humes in The Vineyards East. ..J desert family. - Architecture is classic and highlighted in wood,tileand stone. Step inside the planand you will immediately sense the unique Thedcsign is outstandingand allows for individuality that has ' quality of the duplexes.The sensible concept of each home has seldom been equalled. Double wall construction between been transformed into a statement of timeless and distinctive - units maintains the single family home quietude and planning :;"•charm. The inner warmth of deep carpeting is impressive has minimized maintenance. - against the grandeur of exterior views. Patios are perfect for _ - "•,,t ;'_;'; evening,barbecues. Kitchens gleam with new appliances— ..-... . .. .. . . .. . 'dishwasher, range, self-cleaning oven—and space for a - :,washer and dryer has been built-in and enclosed. Master -bedroom suites suites are classic. Many have a walk-in closet and • . . - ' - ; spacious dressing room The Duplex Series has been designed for a special homebuyer IIIC!!l1l�S _ who seeks value, potential, and a workable alternative to �/ "single family home ownership. copyright 1980 Lewis Homes - VINEYARDS EAST — DUPLEXES Duplexes individually offer two units each with the following features. EXTERIORS - Beautiful Monray tile roots, adding enduring beauty - tpf•RTINI COURT ---- _ to your home _ Two car garages or(1 car garage and carport some plans) + �\ Completely covered front entryways and/or courtyards Concrete driveways Distinctive front doors with combination latch set and dead bolt for extra security �/n Trash enclosures Solid core sell-closing door between garage&home - - _ m l�_�✓"�, I HEITZ COURT --- 'INTERIORS rr - Refrigerated air conditioning .Outstanding Lewis Homes floor plans designed for 1 ' '. o gracious, comfortable living 'i `Dramatic cathedral ceilings ' 1 1 •Luxurious wall-to-wall carpeting in the living room, dining i1. . area, hallway, bedrooms and wardrobes Beautiful cushioned vinyl in the kitchen, bathrooms and , 1 nook Two Two full bathrooms for familyconvenience 'MONDCVI COURT Large Pullmans with cultured marble counter tops Glamorous plate glass mirrors over pullmans D W r Decorator light fixtures - �) _ H- : KITCHENS - — - — --�--; �- Step-saving kitchen designed for easy cooking and cleaningL4 f^nf_�� - O'Keefe& Merritt eye level range with continuous cleaning - m 11�. "`111 `. ovens and automatic pilotless ignition . O'Keefe& Merritt dishwasher wunrea• COURT �- In-Sink-Erator earba¢e disposal ,Instant hot water dispenser - fn, .Laminated plastic countertops - ' Abundant kitchen storage in beautiful furniture -.i quality cabinets - 1,. ' i -Plumbed for icemaker — •Large pantries -E �� - 'Luminous ceilings . OTHER FEATURES .. - STONEY HIS ' Forced air conditioning and heating - COURT _ .. '• .� - Energy-saving insulation in ceilings and exterior walls, — I f to make your home cooler in summer, warmer in winter + Gas connection and outside vent to dryer Fire warning system for family safety Front yard landscaping �r.R r,,_s ,•Eve 40 gallon energy saving water heaters Each home pre-wired for TV and telephone All exterior doors are weatherstripped + In some homes ++ Savings varv. Find out uhv in the seller's fact sheet on It-Values. /�+r�� Higher R-Values mean greater insulation pouer. Lewd` jyl HOmme • cav eent'nt.n.]`f:Dry�Uce[]nt-rgpnll C`� • and M3eryB L•:*0,.1t Ot Fnd,hM11 VU:p:w Price,DrcCucL or eeaDn eNada+.tlwt Douce or cGl:daaom t v � l • Duplex Plan D — The Vintage xooN i� t r xoM WStEN NiIO II PCiIO YESTER XILCNEN NIttNEx •} SWTE sNiE I IOP 1 ` I DIMES I Jr ORE55 J - - 04M 1JV11W ROM LMNG .00. I YYIi I ONIi E M1CN CXTRt A lf�, CXTNY PORCX CMCREO • I, F11 ':�.5>' NGLL i WRR4E CARPORTS 4ME4C -e 14LL " ,.. , RCI"7 �'YTN I CEOIIOM 3 KOROM 3 py DUPLEX-PLAN-D BOTH UNITS: �+ r Two Bedrooms-Two Baths-Patio-Garage- Carport -Garden Kitchen. UNIT ONE UNIT TWO E , Living area 1,000 sq.ft. 1,000 sq.ft. Garage 215 sq.ft. 215 sq.ft. Patio 170 sq. ft. 170 sq.ft. ., Carport 215 sq.ft. 215 sq.ft, ', Total 1,600 sq. ft. 1,600 sq. ft. � t J riser arils I . . . et and 1M ce cY o5 4•�stOn[reseeroe ���� Nrc , O:ownen[,ws rherve[he riaNt e} •' �Px Price,P:cdmq or des,an chanas wdho.t EC:�.'ae'PaU n0Uco or cClla�t101,. Dr't'Udi VhI IY { Air y ar * 'I r r i - r ti I' yy,,� J l~Y' vs''Fiai6 . i=a sp -o�w+.. 4 .1. 3 t e+. f:< • -_.2 .fai..vj e+" s 'k �, f .,fit #w Y s a 'M���. �'a� � ✓ y s, t Elevation D-1 Classlc,` contemporary architecture takes new approach to duplex design with homes joined by patios. - ;The,spacious.master bedroom suite has a separate ':dressing area with mirrored vanity. The relation of - - ' indoor-outdoor living is fully realized through glass sliding doors and view-oriented windows.Designer light - - fixtures, carpeting and detailing will delight . - ,,•discriminating homebuyers. '• - _ ' :t Yyey.Y' : b h � r r fM l+ 15Crv:ec>�-VG.K� y;R,as„ ICI( _. t - - "wig ♦ ' � .. --:zr -. .Elevation D wsi , 1 S ' A11 i11uslnGmu arc 1980 o k H., ro 1MIV_11_K• .6..wh .IIU Levis Hnmes ,}m. .?..,� ..r.,y - � ^a-. ..;. +�.sp..,.r..ss.c_i^^.ew.�^m•.•-. ?e'.�*'t'v.'!�sv,S:t..x+"•'r"A!`,cR's i.�e�}vr�.uawi.:x•b_.i.u.-w.Ana+ _ Duplex Plan E — The Tuscany I ram---1 RIieNEx I� - IT FK aREDROOMS eEOno.E IMTNBEDROOMA4, NV T\ •T RORCN' ` LIVING ROOM `�DREGGG A E..$".!I LIVI xOOY - - S� UNIT 1 ,/ ^i / "'xO P - ,6 e 1 'E _•• 1 GARAGE CAN RORT - •UNIT ONE. , Two Bedrooms - Two Baths - Full Dressing Room - Dining Room - Large Master Suite. j'. UNIT TWO: Three Bedrooms -Two Baths - Open Enter- ' a - tainment Areas - Covered Porch - Garage - GRRIGE CAR RORT I Carport. : ._:.:.: . : ... . .:.. . . - ,. . - ... ". . . .:.... .. ._ -UNIT ONE UNIT TWO Living area _ 1,006 sq.ft. 1,147 sq.ft. hr _ - - - Garage 226 sq. ft. 226 sq. ft. - Carport 251 sq. ft. 215 sq. ft. Covered porch 55 sq. ft. - 55 sq. ft. r Total - 1,536 sq. ft. 1,646 sq. ft. �e , aner arils - �Jas� J CJOt1011'P�a n;VeY of constant reseAreh mserre the r13ht 01 Gdea.Prceuc!,mdeGl_,n change.,thaMe Itb";SRSZI� noh<e ar GcrvatiarLl. FC'tAt!ICI IL ova'cnn Vn v r• �: '�.,.•_9 i / s �....s � . t. r �k'Y ITS k aiu4+fa ��uy 1 1 '} r tq "•k �'�i l.l —C"'=srM' ! -tCf�TF .c y`q,\S . ��ry The, Tuscany glorifies comfortable living through its Elevation E-7 .- . . . - . Itinctional floor plan. Fully equipped kitchens with up- --- --- ------- - -- .-- - - ..---. . .., to-the-minute appliances offer a pantry and built-in laundry area. Consideration has. been given to easy - _ - maintenance with carpeting in living areas and no-wax vt.nyl flooring in heavy traffic spots. The charm of the - Tuscany is apparent from the moment you walk through - - . 1 wrought iron entry gates and into your special Vineyards - East home. rz s 1 1 —rT ; d.l"' - r " "st a Hsu---� Elevation E-2 - :'`" -u ":""._. .•r. - 1 eW1'( LyOmes _ Al illustrations vc artists coraptions L L 1 1 Copyright 1980 Levis Ilolncs i Duplex Plan F — The Burgundy - 4,11,4E BOTH UNITS: Two Bedrooms -Two Baths - Dining 2LIVING a1„,„, eep„ V„.> — Room - Fully Equipped Kitchen - In-Home OR c[ ,fp.ne.2 Laundry Area -Two-Car Garage. ' j, � LIV G 1 r r011ESs!4,•� 1'C1iM 1 '' - ;_ �zt UNIT ONE UNIT TWO e[v oo ,[veoou Living area 1,021 sq.ft. 1,004 sq.ft. 7 �, efveoa„x 11 �?� . . . Garage 431 sq.ft. 431 sq.ft. ■_ _- _ I __ _ Covered porch 39 sq. ft. 62 sq. ft. in �.Total - 1,491 sq. ft. 1.497sq. ft- e�. aver arils Js �. + ConHnu n e 4 Dent. of ream nt re,oeren zna I¢p[O•i¢ment.we reserve the fight oI price,prceucr.nr JGzisn change wAhO EO;:f;•!;'1 {, notice er obf,=tbn, 0?FCn<-I L'.L'IiY r 'e1 hhhn...c 4�s-4 - q Y " s ti i - .. - '..- M,}� iis�1 R�,�y _ .. '...��e�i"'a>A ..J��•[�-^�",t15�� +y-.-.9.E'+L r-/ ��'°1n' ♦�✓� I�V ��t .-The Burgundy stresses desert living the way you have -- _-, . - - •Elevation P-1 always wanted it to be. Large backyards and corner lot - c locations bring sweeping panoramas into each room - "through windows and glass slider doors. Living and - - - - .: dining rooms are expansive and meant to welcome - ';: guests. The builder's art is apparent in the interior ' features that include an enclosed laundry area with folding doors, built-in kitchen appliances and fineil cabinetry. �_ „ _- _;'���`�� �����"y i��� I E'.21� I��.,.—.• � 1• it K"�;^ _ -+ ---......t�•1[+.`+- 'r..a ta-�.�. -.�*37'ram:-" V" 3� ALL,,: :...-+;.-wr.,. W'^a al Elevatiun P-2 Lewis ( 1Qmes / All JIu,U]Ilonl src Ylisls Gnn<pliuns Copyn&19801.mu Ifumcs r Duplex Plan G — The Malaga II T:., 3 ue 4[ il .. _, Niq t ..t ,.. xoCY xITCK� ..Sri.� TE ::cr"L----� BOTH UNITS: WIG roo~ DA Two Bedrooms -Two Baths- Dining Room - 4vIXG IIOOY E3,. ' L.rlx. xpo. Two-Car Garage -Covered Entryway- UNIT �_ Kitchen. 'i YrtxEx - roe;x Exrer - UNIT 2 a tI.T1 §—' •"-• •fir` OON �4 UNIT ONE UNIT TWO .EpeopY .. ...' Living area ... 1,152 sq.ft. 1,225 sq.ft. . T.0 - e - - Garage 451 sq.ft. 431 sq.ft. a SSe3� Covered porch 75 sq.ft. 63 sq. ft. SITE I - -. .. . .- . ".S. '. . - 1,678sq. ft. 1,719sq. ft. ._- »I .Total re aner arils Jas� : . ` andC-o . poo a Rd cr of vastant research end Pro em nt,we rC.erve the right of it^• I -" - pr!ce,Product,cr Eesigo change tinhoot notice or oh11g3t!on. - - Ef a.Y n9.•]AQ tux ` lead �yl a jJj'L"•.ri3�-d'.z1a�S- i`1iz �� 4 ftl'L� "rGi. \/ 1. �0 Fes. sit tt ,al� i ^� a t 1 , r — Cdyv§th �g r �::r , �ft' /„' e l "�.,�.'�,•; �-s-....tria.�w�--`t"�� "'---`""'''�.'li —rx.,•a..y-T�� "�--• - . x r Elevation G-1 The Malaga is the home of the luxury-lover. The master - - - Ybedroom suite boasts its own dressing area with - mirrored vanity and an oversized walk-in closet. The `living room is large, airy and opens onto a dining room. - - - The kitchen has been planned to save you steps and provides a pantry and in-home laundry area. `dITA j_�a Y � r .. ,.. _ t�r3(.' +++,{Z� a uti.3a'I � •. �rrll, _ Rik 4, \-:✓t '�' ��Al 1 \I .."1-'4: t�ff3tH X{� ` 1 �rlji`� � 1�T �` b• ;�3 r• ,x '�'00 t ,. El,. .. .. evation G-2 p WisAHomes w gNtr, 0 ,]rE l (S to pnUy Copyright 1990 Uwn Home, 1 :::.s:..,�n.AST'•n['+:".+.T'PE:^?rsaW+�R!yT^tfw.^?K+r{M:;A113 ?X�'•rsVa!(-+�c-eITY���i� -. >Y.�C!/!.�lVt!+l_�»Gi�.>say(,plea},q"..n'+.`�YUYi.Hn9'sw•.•a-.: Duplex Plan H. — The Marsala r pt E , Oo eED ROOMS 1� eCO NOO x ice )NOOR xliC fN� , ..C. �.... -.. - .. , 11VIN0110OYY CEO ROOM 1 - CI INO ROOM ~ - '- CNTRi RORCM ,tt� O ]" I.ORG ENiRT ""I" BOTH UNITS: e Two Bedrooms - Two Baths - Large, Sunny t; I I Breakfast Nook-Garage-Carport-In-Home C.R00YE Irl c R cE C.R.ORi " L Laundry Area. J o UNIT ONE UNIT TWO -- - - - - -- " Living area" 1,192 sq.ft. 1,074 sq.ft. WNWE uR ROPT. Garage .236 sq.ft. 244 sq.ft. ; , Carport 243 sq.ft. 236 sq:ft. Covered porch 77 sq.ft. 64 sq.ft. Total 1,748 sq. ft. 1,620sq. ft. offer ards Jsr .- - Continuing a policy of COOataOt reEea¢h �; T•:� .. and improverenq we Eeeeme the right of t3tlS< "Price,P,,dact,or ee.,gn chase M,m.,t F]Ja Y'bSIYG .. norco or oblldatlun. ,, LMPai1J::iry F w'+• A sMnr iTr- .. 11 -F+ Iyl.ifk �tiJ JGI ail I ia� The Marsala introduces a relaxed, easy way of life. - Entertainment areas flow together to provide maximum . . ... : Devotion FI?, :. use and the kitchen opens to a sunlit breakfast nook that is equally inviting for quiet dinners. Master bedroom - `:; suite provides a large, walk-in closet,dressing area and total seclusion. s,'p tTM tir Elevation 11.2 ,�N.� fly,^_— . . . "^c:.. - .......�-. -•..;.. .. Lew KJIIK$ � All illux4rtiov uc artists<on eptians CoPY1011980 L.n Itomax J RESOLUTION NO. 81-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A ONE LOT SUBDIVISION LOCATED ON THE NORTH SIDE OF RUTLEDGE WAY, WEST OF PORTOLA AVENUE. CASE NO. TT 17104 WHEREAS, the City Council of the City of Palm Desert, California, did on the 3rd day of February, 1981 , hold a duly noticed Public Hearing to consider the request of LEWIS HOMES OF CALIFORNIA for approval of a Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into a one lot subdivision consisting of 16 phases (62 units) on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq. ft. of lot area, Scenic Preservation Overlay) zone generally located on the north side of Rutledge Way, west of Portola Avenue, more particularly described as: Tract 12181-1 WHEREAS, the Planning Commission, by Resolution No. 671 , has recommended approval subject to conditions. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project has previously been assessed in connection with ,Case " . No. TT 12181-1 and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering al'l testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to approve the Tentative, 1 Tract Map: J (a) That the proposed map is consistent with appli- cable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent. with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, ac- quired by the public at large, for access through or use of, property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of RESOLUTION NO. 81-19 Page Two Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve the above described Tentative Map No. TT 17104 for the reasons set forth in this Resolu- tion and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this 12 day of February, 1981 , by the following vote, to wit: AYES: McPherson, Newbrander, Puluqi, Snyder & Wilson NOES: None ABSENT: None ABSTAIN: None S. ,OY WI SON, Mayor i ATTEST: SHEILA R,. ttUCAAN, City City, of Palm Desert, Calf nia 1 J - y RESOLUTION NO. 81-19 Page Three CONDITIONS OF APPROVAL CASE NO. TT 17104 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. All applicable conditions of Resolution No. 78-119 and CUP 14-80 (amended) shall be met. 3. CC&R's to be submitted to Director of Environmental Services for review and approval prior to recordation of final Tract Map, with CC&R's to include but not be limited to the following provisions, to insure: A. Architectural and exterior color compatibility is maintained. B. Front yard landscaping compatibility. C. Lewis Homes shall act as third party to settle disagreements. D. Easements for use of driveway and other common areas. E. Definition of usage of common wall areas, and maintenance and repair of all common features. 1 d 45-275 PRICKLY PEAR LANE,PALM DFSER7,CAUFORNIA92260 s Cq IMF EI1F5E:93 ---�' TELEPHONE(714) 546-0611 Donald J. Penn rrfgro�\ � Evelyn E. Penningr8thv. AO '; moo Carol McMallen o S j 6282 Marcellena Dr�� =O `"�P p�2 Huntington Beach, CA 9':26`4T ` r� � ✓� 45-27,5 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 21 , 1981 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO ALLOW•THE SUBDIVISION OF 31 EXIST- ING DUPLEX!LOTS INTO A-ONE LOT SUBDIVISION CONSISTING OF 16 PHASES (62 UNITS) ON 9.8 ACRES LOCATED AT THE NORTHWEST CORNER OF RUTLEDGE WAY AND PORTOLA AVENUE. CASE.NO. TT 17TO4 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by LEWIS HOMES OF CALIFORNIA, for approval of a Tentative Tract Map:to allow the sub= division of 31 existing duplex lots into a one lot subdivision consist- . ing of 16 phases (62 units) on 9.8 acres within the R72 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preserva- tion Overlay) zone generally located at the northeast corner of Rutledge Way and Portola Avenue, more particularly described as: Tract 12181-1 DRIVE ----_-_-- - - -- - - -- MAGNESIA FALLS DRIVE N TT 17104 11 - 0 1J„ CDMMUNIT JJ` PARK SAID Public Hearing will be held on February 12, 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 D, GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post January 29, 1981 000532 Southern California Edison Company E P,O. BOX 410 100 LONG BEACH BLVD. LONG BEACH, CALIFORNIA 90001 C.J. LOWERISON,JR. RECEIVED MANAGER OF RIGHTOF WHY AND LAF8I JAM 27 PH I2 04 Honorable City Council Plo � �SICE JAN 2 21981 Palm Desert, CA 92260 Gentlemen: SUBJECT: Tract 1710 Please be advised that the division and development of the property shown on the tentative map of Tract No. 17104 will not unreasonably interfere with the free and complete exer- cise of the easement (s) held by Southern California Edison Company within the boundaries of said tract. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement (s) , nor should this letter be construed as a waiver of any of the provisions contained in said easement (s) . If the final map of said tract differs from the tentative map, a further review will be necessary. If additional information is required in connection with the above mentioned subject, please call me at (213) 435-1121, extension 252. Very truly yours, A. DILIBERTI Supervisor, Land Administration 0500h/ndb CC: Safeco Title Insurance Co. P.O. Box 111 Riverside, CA 92501 Attn: Steve I G�v`.' �� �� / - z5 �, ,.. 45-27,5 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 21 , 1981 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TENTATIVE TRACT MAP TO ALLOW'THE SUBDIVISION OF 31 EXIST- ING DUPLEX _LOTS INTO A-ONE LOT SUBDIVISION CONSISTING OF 16 PHASES (62 UNITS) ON 9.8 ACRES LOCATED AT THE NORTHWEST CORNER OF RUTLEDGE WAY AND PORTOLA AVENUE. CASE.NO. TT 17104 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by LEWIS HOMES OF CALIFORNIA, for approval of a Tentative Tract Map:to allow the sub= division of 31 existing duplex lots into a one lot subdivision consist- . ing of 16 phases (62 units) on 9.,8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of_ lot area, Scenic Preserva- tion Overlay) zone generally located at the northeast corner. of Rutledge Way and Portola Avenue, more particularly described as: Tract 12181-1 1710+ a i i - 0 f!„ ..COMv mw ({ Dour tlua atltl•a SAID Public Hearing will be held on February 12, 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. SvEILA R, GILLIGAN, City Clerk City of Palm! Desert, California. PUBLISH: Palm Desert Post L _Januar`y`29, 1981 f Lewis Homes of California 45-445 Portola, Suite 1A Palm Desert, CA 92260 roLnr w to m r E Lewis Homes of California m 45-445 Portola, Suite 1A M " x Palm Desert, CA 92260 N roo n o � rtrtN o - F— O "- '•ci^`4;�,."=r,`%}zp::3n�•-.�y:,r:yi:,v.;u:-us.`f.:x,. n N cn m N F+ IJ• . . IJ rt J � _ i T 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE January 16, 1981 APPLICANT(S) LEWIS HOMES OF CALIFORNIA 45-445 Portola Avenue, Suite 1A Palm Desert, CA 92260 CASE NO: CUP 14-80 &TT 17104 01P The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of January 14, 1981 CONTINUED TO DENIED BY PLANNING COMMISSION RESOLUTION NO. X APPROVED BY PLANNING COMMISSION RESOLUTION NO. 671 & 672 X PLACED ON THE AGENDA OF THE CITY COUNCIL February 12, 1981 , FOR PUBLIC HEARING. Any appeal of the above action may be made in writing ,to the Director of Environ- mental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. NOTE: PLEASE SIGN AND RETURN RAMON DIAZ PALM DEE COMMISSION PLANNING COMMISSION I accept and agree, prior to use of this permit or approval , to comply with all the conditions set forth and understand that the Department of Building and Safety will not issue a building permit or allow occupancy on the use permitted until this signed confirmation has been received by the Department of Environmental Services. Date Applicant's Signature cc: Coachell Valley Water District File PLANNING COMMISSION RESOLUTION NO. 671 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A REVISED TENTATIVE TRACT MAP TO CREATE A 1 LOT SUBDIVISION LOCATED ON THE NORTH SIDE OF RUTLEDGE WAY, WEST OF PORTOLA AVENUE. CASE NO. TT 17104 (AMENDED) WHEREAS, the City Council of the City of Palm Desert,. California, did on the 4th day of December, 1980, refer this request back to the Planning Com- mission for amendment, at the meeting on the 14th day of January, 1981 , to consider the request of LEWIS HOMES OF CALIFORNIA for approval of a Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into a one lot subdivision consisting of 16 phases (62 units) on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located on the north side of Rutledge Way, west of Portola Avenue, more particularly described as: Tract 12181-1 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project has previously been assessed in connection with Case No. TT 12181-1 and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the amended 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. WHEREAS, in the review of this amended Tentative Tract Map, the Planning Commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described amended Tentative Map No. 17104 for the reasons set forth in the Resolution and subject to the attached conditions. 3. That Resolution No. 654 is hereby superceded by this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert RESOLUTION NO. 671 Page Two Planning Commission, held on this 14th day of January, 1981 , by the following vote, to wit: AYES: KRYDER, MCLACHLAN, MILLER NOES: NONE ABSENT: BERKEY, RICHARDS ABSTAIN: NONE CHARLES MILLER, Chairman ATTEST: RAMON A. DIAZ Director of Environmental Services /Pa l RESOLUTION NO. 671 Page Three C014DITIONS OF APPROVAL CASE NO. TT 17104 (AMENDED) 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 Statures now in force, or which here- after may be in force. 2.. All applicable conditions of Resolution No. 78-119 and CUP 14=80 (amended) shall be met. 3. CC&R's to be submitted to Director of Environmental Services for review and approval prior to recordation of final Tract Map, with CC&R's to include but not be limited to the following provisions, to insure: A. Architectural and exterior color compatibility is maintained. B. Front yard landscaping compatibility. C. Lewis Homes shall act as third party to settle disagreements. D. Easements for use of driveway and other common areas. E. Definition of usage of common wall areas, and maintenance and repair of all common features. l l ^ Y V PLANNING COMMISSION RESOLUTION NO. 672 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN AMMENDED CONDITIONAL USE PERMIT TO ALLOW A PLANNED RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF RUTLEDGE WAY, WEST OF PORTOLA AVENUE. CASE NO. CUP 14-80 (REVISED) WHEREAS, the Planning Commission of the City of Palm Desert, California did on the 14th day of January, 1981 , hold a duly noticed Public Hearing to "y consider a request by LEWIS HOMES OF CALIFORNIA for approval of an amended Conditional Use Permit to allow a planned residential development changing 31 existing duplex lots to 62 air space condominiums on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located on the north side of Rutledge Way west of Portola Avenue, more particularly described as: Tract 12181-1 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89" , in that the Director of Environmental Services has determined that the project has previously been assessed in connection with Case No. TT 12181-1 and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their actions, as described below: a. The proposed project generally conforms to the intent and purpose of the R-2 (5) , S.P. Zone District. b. The proposed project is adequately suited for the specific site and is compatible with existing and proposed development in the area. c. The proposed project will not be detrimental to the health, safety and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby approve amended Conditional Use Permit No. CUP 14-80 (Exhibit A) subject to those conditions attached hereto. 3. That Resolution No. 654-A is hereby superceded by this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 14th day of January, 1981 , by the following vote, to wit: AYES: KRYDER, MCLACHLAN, MILLER NOES: NONE ABSENT: BERKEY, RICHARDS ABSTAIN: NONE CHARLES MILLER, Chairman ATTEST: RAMON A. DIAZ, Director of Environmental Services RESOLUTION NO. 672 Pace Two CONDITIONS OF APPROVAL CASE NO. CUP 14-80 (AMENDED) 1 . The development of the property shall conform substantially with Exhibit A (Case No. CUP 14-80) on file with the Department of Environmental Services, as modified by the following conditions. 2. All applicable conditions of Resolution No. 78-119, TT 17104 (Amendment) , shall be met. 3. Six foot high 1 " x 8" cedar board fence to be constructed in rear yard between units, to provide individual private yards. 4. Each dwelling unit to have individual utility meters, including water. 5. All conditions of this approval to be complied with prior to closing of first escrow. t CITY OF PALM DESERT STAFF REPORT TO: Planning Commission REPORT ON: Amendment of Conditional Use Permit and Tentative Tract Map APPLICANT: LEWIS HOMES OF CALIFORNIA 45-445 Portola Avenue, Suite IA Palm Desert, Calif. 92260 CASE NO: CUP 14-80 and TT 17104 (REVISED) DATE: January 14, 1981 I. REQUEST: Approval of an amendment of a Conditional Use Permit and Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into a one lot subdivision consisting of 16 phases (62 units) on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located at the north- west corner of Rutledge Way and Portola Avenue. LOCATIONAL MAP: �'.' - 81 ei "aer„ -tip e I E' `-vee.eo - DRIVE MAGNESIA FALLS DRrvI CUP 14-00 �TT 17104 It e I , COM MUNitt G4flK ou ux nu eou Le II BACKGROUND: A. REQUEST FOR AMENDMENT: CUP 14-80 and TT 17104 were reviewed and approved by the Planning Commission at the meeting of November 5, 1980. The Tentative Tract was subsequently scheduled for the City Council Meeting of December 4, 1980. The applicant requested the Tentative Tract be referred back to the Planning Commission for amendment. The applicants had determined that the structural changes necessary to split the duplexes into individual lots, made it unfeasible. As air space: units, no major changes would be necessary. �2 The applicants are now requesting approval to have Sl ar, space condominium units in a one lot subdivision consisting of 16 phases. A revised Tract Map has been submitted to reflect the change. B. ADJACENT ZONING/LAND USE: North: R-M/Mobile Home Park South: R-1/Single Family East: P/School West: PR-4, S.P./Vacant STAFF REPORT CUP 14-80 and TT 17104 January 14, 1981 Page Two C. GENERAL PLAN LAND USE DESIGNATION: Medium Density Residential , 7-12 d.u./acre. D. ENVIRONMENTAL ASSESSMENT: The proposed project has been previously assessed in connection with Case No. TT 12181-1 , and no further documentation is deemed necessary by the Director. E. PREVIOUS PERTINENT CASES: TT 12181-1 : LEWIS HOMES, Applicant - 31 lot subdivision for duplex development approved by City Council October .12, 1978. 181 MF: LEWIS HOMES, Applicant - Design Review Case for 31 duplex units approved by ORB September 11 , 1979. F. DWELLING UNIT DESCRIPTION: 2 bedroom/2 bath - 53 units varying from 1000 to 1225 sq.ft. 3 bedroom/2 bath - 9 units with 1147 sq.ft. 62 Total Units NOTE: Square footages are for interior living area only. G. PHASING: 16 total phases. 15 phases would consist of 4 units, with one phase consisting of 2 units. III . DISCUSSION: A. General : The applicant states the purpose of this request is to provide affordable housing stock (cost to be approximately half of the cost of duplex) and because of restrictions on loans for multifamily dwellings. B. CONDITIONAL USE PERMIT: The Conditional Use Permit allows the proposed property to be used for "Planned Residential Developments" which encourages variety in housing types. This is done by providing flexibility in lots sizes, setbacks, etc. C. TENTATIVE TRACT The Revised Tentative Tract Map allows a-�one lot_s,ubdiv sion_f_o.r -condomni„ um purposes,'cons,istin.gxof 16 phases. D. PROJECT DESIGN The applicant proposes no physical changes to the project at this time. The 31 duplexes are under construction at this time. Staff feels that if this request is approved, side yard walls or fences should be constructed between the duplexes to create private rear yards. STAFF REPORT CUP 14-80 and TT 17104 January 14, 1981 Page Three E. PRACTICAL CONSIDERATIONS In order to sell the duplexes to individual owners, it will be necessary to develop new CC&R's to set ground rules for common areas and other common concerns. Such things as maintaining build- ing exteriors and landscaping compatibility, settling disputes regarding common concerns, driveway easements, use of common wall areas, etc. , must be.worked out if this request is approved. The proposed conditions of approval address these concerns. IV. STAFF RECOMMENDATION: Based on the justification and findings contained in draft Resolutions: Recommend approval of Case No. TT 17104 to City Council by adoption of Planning Commission Resolution No. , and approve Case No. CUP 14-80 (amendment) by adoption of Planning Commission Resolution No. , subject to the conditions attached thereto. 45-445 PO RTO LA AVE. L�_=W I S H O MI=-S PALM DESERT, CALIFORNIA 92260 (714) 568-2711 BUILDERS OF FINE RESIDENTIAL DEVELOPMENTS December 22 , 1980 Mr. Ramon Diaz Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Dear Mr. Diaz: On November 5, 1980, the Palm Desert Planning Commission approved CUP 14-80 and Tentative Tract 17104. Lewis Homes has requested that these cases be taken back to the Planning Commission for review of some changes. The reason for this request is that during the review by your building department, numerous items that made the project imprac- tical for conversion to zero lot line single family units were found. However, if the project was resubmitted as single family ,. air-space condominiums, no structural changes to the units would be required. Based on these considerations, Lewis Homes is requesting that the City amend these projects to reflect Air-Space Condominiums. Sincerely, LEWIS HOMES OF CALIFORNIA DEC 2 2 1980 William J.Sullivan ENVIRONMENTAL SERVICES Project Manager CITY OF PALM DESERT. WJS:pr MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 5, 1980 Page Five VI. PUBLIC HEARINGS (cont. ) Commissioner Berkey was in favor of the developer providing housing for employees. It was noted that this matter would be de rmined by a future amendment. Mr. Smith submitted a list of positions whi would occupy the hotel units. Chairman Miller was also concerned about he collection of City room tax. He was not in favor of employees living in the u ts. Chairman Miller closed the Public H ring. ' Motion was made by Commissioner B rkey, seconded by Commissioner Kryder, to approve this case by adoption of P1 ning Commission Resolution No. 652, subject to conditions. Carried unanimously ( -0). E. Case No. CUP 13-80 - CK KLOTZ and SANDY BAUM, Applicants Approval of a Condi onal Use Permit, Associated Parking Variance and Joint se Parking Agreement to allow a Dinner House to occupy 6 05 sq.ft. of space, in a commercial complex within a C-1, S.P. (General Commercial , Scenic Preservation Ov rlay) zone located on the east side of San Pablo Ave e, between Highway 111 and El Paseo (73-520 E1 P eo). Mr. Sawa revie d the site plan and explained that the proposed restaurant would be opened in t evenings only, therefore, the applicant is requesting joint use parking. Mr. S a stated that Staff felt the patio area should be cut to one half the proposed ize to insure that no parking problems arise. Staff recommended app/makeCapr Miller opened the Public Hearing asking if the applicant wished to ntation. KLOTZ, 1467 No. Avenida Drive, stated he did not object to Staff's recand requested approval . Miller asked if there was anyone present who wished to speak in FAVTION to this case. There being none, the Public Hearing was closed. Motion was made by Commissioner K d by Commissioner Berkey, to appro o anning Commission Resolution No. 653. Carried unanimously (4-0). COMMISSIONER MCLACHLAN LEFT DURING THIS ITEM. �j F. Case No. CUP 14-80 and TT 17104 - LEWIS HOMES OF CALIFORNIA, Applicant Approval of a Conditional Use Permit and Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into 62 single family lots on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located at the northwest corner of Rutledge Way and Portola Avenue. Mr. Sawa presented this case reviewing the staff report and describing the proposed project. Staff recommended approval . Chairman Miller opened the Public Hearing asking if the applicant cared to make a presentation. MR. BILL SULLIVAN, Representative, 45-445 Portola, stated they did not object to the conditions and asked for approval . Commissioner Richards asked Mr. Sullivan what the prices would be for the homes. Mr. Sullivan replied approximately $75,000 to $85,000. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION of this case. There being none, the Public Hearing was closed. MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 5, 1980 Page Six * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * VI . PUBLIC HEARINGS (cont. ) Motion was made by Commissioner Richards, seconded by Commissioner Kryder, to recommend approval of TT 17104 to the City Council by adoption of Planning Commission Resolution No. 654; and, to approve CUP 14-80 by adoption of Planning Commission Resolution No. 654-A, subject to conditions. Carried unanimously (4-0) . G. Ca CUP 80 - JIM SHARP and HOLDEN AND JOHNSON, ARCHITECTS, Applicants - Approval of a Conditional Use Permit to allow construction of a 10 unit residential condominium project on 25,200 sq.ft. site, within the R-3 (Multifamily Residential , one unit per 2,500 sq.ft. of lot area) zone located at the southeast corner of Las Palmas Avenue and San Gorgonio Way. Mr. Sawa presented this case describing the site plan and noting that the Desig Review Board reviewed this case and felt there were no major problems. Staff recommended approval , subject to conditions; Mr. Sawa reviewed those conditions. Chairman Miller opened the Public Hearing asking if the applicant wished to make a resentation. M . RICK HOLDEN, Architect, 73-730 Hwy 111, stated he was present for any question the Commission might have. He did not object to the conditions. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or 0 POSITION to this case. There being none, the Public Hearing was closed. Moti was made by Commissioner Berkey, seconded by Commissioner Richards, to approve t is case by adoption of Planning Commission Resolution No. 655. Carried unani ously (4-0). H. Cas No. CUP 16-80 - CLEVE LEONARD and WALLING AND MCCALLUM, Applicants Appr al of a Conditional Use Permit and Joint Use Parking Agree ent to allow the addition of 238 sq.ft. to an existing 3,433 q* ft. restaurant, located within the C-1, S.P. (Gener 1 Commercial , Scenic Preservation Overlay) zone located at the ortheast corner of DeAnza Way and Palm Desert Drive (74-450 Hwy 111) . Mr. Sawa pres nted this case stating that the Conditional Use Permit was requested for a loun addition. He indicated that an additional 7 parking spaces would be provided for compliance : with the parking requirements. He stated that the Design Review Boa d reviewed this case and felt it was acceptable. Staff recommended approval s bject to conditions. Chairman Miller opened the Public Hearing asking if the applicant cared to make a presentation. MR. JOHN WALLING .45-260 Club Drive, Indian Wells, requested Design Review Condition No. 1 to be d leted. He felt that the 42" shrub hedge would add to the already problem of crime Commissioner Rich rds agreed and stated he was familiar with this problem. The Commission agr ed to delete Design Review Condition No. 1. Chairman Miller ask d if there was anyone present who wished to speak in FAVOR or OPPOSITION to thi case. There being none, the the Public Hearing was closed. Motion was made by mmissioner Kryder, seconded by Commissioner Berkey, to approve this case by adoption of Planning Commission Resolution No. 656, as amended. Carried unanimously (4-0) . PLANNING COMMISSION RESOLUTION NO. 654-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A PLANNED RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF RUTLEDGE WAY, WEST OF PORTOLA AVENUE. CASE NO. CUP 14-80 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of November, 1980, hold a duly noticed Public Hearing to consider a request by LEWIS HOMES OF CALIFORNIA for approval of a Conditional Use Permit to allow a planned residential development for a subdivision of 31 existing duplex lots into 52 single family lots on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located on the north side of Rutledge Way west of Portola Avenue, more particularly described as: Tract 12181-1 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the project has previously been assessed in connection with Case No. TT 12181-1 and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring -to be heard, said Planning Commission did find the following facts to justify their actions, as described below: a. The proposed project generally conforms to the intent and purpose of the R-2(5) , S.P. Zone District. b. The proposed project is adequately suited for the specific site and is compatible with existing and proposed development r in the area. 1 C. The proposed project will not be detrimental to the health, I` safety and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby approve Conditional Use Permit No. CUP 14-80 (Exhibit A) subject to those conditions attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of November, 1980, by the following vote, to wit: AYES: BERKEY, KRYDER, RICHARDS, MILLER NOES: NONE ABSENT: MCLACHLAN ABSTAIN NONE CHARLES MILLER, Chairman ATTEST: STAN SAWA, Acting Secretary /lr PLANNING COMMISSION RESOLUTION NO. Page Two CONDITIONS OF APPROVAL CASE NO. CUP 14-80 1. The development of the property shall conform substantially with Exhibit A (Case No. CUP 14-80) on file with the Department of Environmental Services, as modified by the following conditions. 2. All applicable conditions of Resolution No. 78-119, TT 17104, shall be met. 3. Six foot high 1" x 8" cedar board fence to be constructed in side ,yard along property line between units. 4. Each dwelling unit to have individual utility meters. 1 t MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 5, 1980 Page Five VI. PUBLIC HEARINGS (cont. ) Commissioner Berkey was in fav r of the developer providing housing for employees. It was noted that this ter would be determined by a future amendment. Mr. Smith submitted a list om positions which would occupy the hotel units. Chairman Miller was also c ncerned about the collection of City room tax. He was not in favor of employees li ing in the units. Chairman Miller closed e Public Hearing. * Motion was made by Com issioner Berkey, seconded by Commissioner Kryder, to approve this case by adop ion of Planning Commission Resolution No. 652, subject to conditions. Carried una imously (5-0). E. Case No. CUP 3-80 - JACK KLOTZ and SANDY BAUM, Applicants Approval of Conditional Use Permit, Associated Parking Variance a Joint Use Parking Agreement to allow a Dinner House to o cupy 6,505 sq.ft. of space, in a commercial complex w thin a C-1, S.P. (General Commercial , Scenic Preserva ion Overlay) zone located on the east side of San Pab Avenue, between Highway III and E1 Paseo (73-52 El Paseo). Mr. Sawa r viewed the site plan and explained that the proposed restaurant would be opened 'n the evenings only, therefore, the applicant is requesting joint use parking. M Sawa stated that Staff felt the patio area should be cut to one half the propo ed size to insure that no parking problems arise. Staff recommended approval . Chai an Miller opened the Public Hearing asking if the applicant wished to make a resentation. M . JACK KLOTZ, 1467 No. Avenida Drive, stated he did not object to Staff's recomme dation and requested approval . Chairman Miller asked if there was anyone present who wished to speak in FAVO or OPPOSIT -to this case. There being none, the Public Hearing was closed. Motion was made by Commissioner Kryder, seconded by Commissioner Berkey, to approve this case by adoption of Planning Commission Resolution No. 653. Carried unanimously (4-0) . COMMISSIONER MCLACHLAN LEFT DURING THIS ITEM. F. Case No. CUP 14-80 and TT 17104 - LEWIS HOMES OF CALIFORNIA, Applicant Approval of a Conditional Use Permit and Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into 62 single family lots on 9.8 acres within the R-2 (5) , S.P. ' (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located at the northwest corner of Rutledge Way and Portola Avenue. Mr. Sawa presented this case reviewing the staff report and describing the proposed project. Staff recommended approval . Chairman Miller opened the Public Hearing asking if the applicant cared to make a presentation. MR. BILL SULLIVAN, Representative, 45-445 Portola, stated they did not object to the conditions and asked for approval . Commissioner Richards asked Mr. Sullivan what the prices would be for the homes. Mr. Sullivan replied approximately $75,000 to $85,000. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION of this case. There being none, the Public Hearing was closed. MINUTES PALM DESERT PLANNING COMMISSION NOVEMBER 5, 1980 Page Six VI . PUBLIC HEARINGS (cont. ) Motion was made by Commissioner Richards, seconded by Commissioner Kryder, to recommend approval of TT 17104 to the City Council by adoption of Planning Commission Resolution No. 654; and, to approve CUP 14-80 by adoption of Planning Commission Resolution No. 654-A, subject to conditions. Carried unanimously (4-0) . G. Case No. CUP 15-80 - JIM SHARP and HOLDEN AND JOHNSON, ARCHITECTS, Applicants Approval of a Conditional Use Permit to allow construction of a 10 unit residential condominium project on 25,200 sq.ft. site, within the R-3 (Multifamily Residential , one unit per 2,500 sq.ft. of lot area) zone located at the southeast corner of Las Palmas Avenue and San Gorgonio Way. Mr. Sawa presented this case describing the site plan and noting that the Desi Review Board reviewed this case and felt there were no major problems. Staff ecommended approval , subject to conditions; Mr. Sawa reviewed those conditions. airman Miller opened the Public Hearing asking if the applicant wished to make a p sentation. MR. ICK HOLDEN, Architect, 73-730 Hwy 111, stated he was present for any questions th Commission might have. He did not object to the conditions. Chairma Miller asked if there was anyone present who wished to speak in FAVOR or OPPOS ION to this case. There being none, the Public Hearing was closed. Motion wa made by Commissioner Berkey, seconded by Commissioner Richards, to approve this c e by adoption of Planning Commission Resolution No. 655. Carried unanimousl (4-0). -'l H. Case No. UP 16-80 - CLEVE LEONARD and WALLING AND MCCALLUM, Applicants Approval o a Conditional Use Permit and Joint Use Parking Agreement allow the addition of 238 sq.ft. to an existing 3,433 sq.ft restaurant, located within the C-1, S.P. (General Co ercial , Scenic Preservation Overlay) zone located at the north ast corner of DeAnza Way and Palm Desert Drive (74-450 Hwy 1 1) . Mr. Sawa presented his case stating that the Conditional Use Permit was requested for a lounge addi ion. He indicated that an additional 7 parking spaces would be provided for compli nce : with the parking requirements. He stated that the Design Review Board revi wed this case and felt it was acceptable. Staff recommended approval subject o conditions. Chairman Miller opened he Public Hearing asking if the applicant cared to make a presentation. MR. JOHN WALLING, .45-260 Club Drive, Indian Wells, requested Design Review Condition No. 1 to be deleted. a felt that the 42" shrub hedge would add to the already problem of crime. Commissioner Richards agree and stated he was familiar with this problem. The Commission agreed to dele Design Review Condition No. 1. Chairman Miller asked if there s anyone present who wished to speak in FAVOR or OPPOSITION to this case. There being none, the the Public Hearing was closed. Motion was made by Commissioner Kr der, seconded by Commissioner Berkey, to approve this case by adoption of Planning Commission Resolution No. 656, as amended. Carried unanimously (4-0). d DEC-.i'F:i' 45-275 PRICKLY PEAR LANE,PALM DESERT,CAUFORNIA92280 �?:"^- -. C,q TELEPHONE(714) 349-0911 RE 7V .x ro _ tINDE 1 r SENOER Occup f' 4301 Po tol a T1ven e� �D Palm De ert, Calif. 92260 Svi-, e- O o a� O A F / I.$.PUJ A�C�: (zR5gwr Off IFS� A 46-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 TELEPHONE(714) 348-0611 Kenne W Y. Calkins `n-J� 430 tola Avenue - �F /1am De rt, Calif. 92260 cryoNyF ISI98 0 P 4z 'QCgf�FsFRl FS •'K� 45-275 PRICKLY PEAR LAME, PALA1 DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP TO ALLOW THE SUBDIVISION OF 31 EXISTING DUPLEX LOTS INTO 62 SINGLE FAMILY LOTS ON 9.8 ACRES LOCATED AT THE NORTHWEST CORNER OF -RUTLEDGE WAY AND PORTOLA AVENUE. CASE NO. CUP 14-80 AND TT 17104 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by LEWIS HOMES OF CALIFORNIA for approval of a Conditional Use Permit and Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into 62 single family lots on 9.8 acres within the R-2 (5) , S.P. . (Single Family Resi- dential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located at the 'northwest`corner of .Rutledge Way and Portola Avenue, more particularly described as: Tract 12181-1 IT C IHf _ i \� M SOII T_ GRI� -- _— _ -- -- - _——_—•— —__ MAGNESIA FALLS DRIVE cuP 14-00 `L^f T117104 Ft I I — WMMUNITY PARK • [ I ' ' I 0[C[111 fi,n [OO Lf'J•PO SAID Public Hearing will be held on December 4, 1980, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If approved, this proposal would allow the subdivision of duplex lots into single family lots. SHEILA D, GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post November 20, 1980 i I 45-445 PORTOLA AVE. LQW I S t� O M QS PALM DESERT, CALIFORNIA 92260 (714) 568-2711 BUILDERS OF FINE RESIDENTIAL DEVELOPMENTS December 4 , 1980 Mr. Ramon Diaz Planning Director City of Palm Desert 45-275 Prickly Pear Palm Desert, CA 92260 Re: Tenative Tract 17104 Dear Mr. Diaz: In regard to Tentative Tract 17104 , (The Vineyard Duplexes) , Lewis Homes would like to request that the City Council refer this item back to the Planning Commission for condominium processing. This request is being made due to last minute structural concerns raised through plan review. Thank you for your attention to this matter. Sincerely, LEWIS HOMES OF CALIFORNIA Will "A/-�fil � ia J. Sullivan Project Manager Taw WJS: ls D 41980 ENVIRONMENTAL SERVICES CITY OF PALM DESERT ol� 11,2 i -4 S �. -N s �t f� 45-275 PRICKLY PEAR LANE, PALNI DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-061I CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP TO ALLOW THE SUBDIVISION OF 31 EXISTING DUPLEX LOTS INTO 62 SINGLE FAMILY LOTS ON 9.8 ACRES LOCATED AT THE NORTHWEST CORNER OF •RUTLEDGE WAY AND . PORTOLA AVENUE. CASE NO. CUP 14-80 AND TT 17104 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by LEWIS HOMES OF CALIFORNIA for approval of a Conditional Use Permit and Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into 62 single family lots on 9.8 acres within the R-2 (5) , S.P. :(Single Family Resi- dential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located at the northwest corner of Rutledge Way and Portola Avenue, more particularly described as: Tract 12181-1 f i pHlVE --- ----- _---_---- — — -_ MAGNESIA FALLS DRWE cuP 14-00 4r TT 17104 1 , WMMUNP PAR 7 K 11 'o — � oeeur eu• •our• SAID Public Hearing will be held on December 4, 1980, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly P Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If approved, this proposal would -. allow the subdivision of duplex lots into single family lots. SHEILA p, GILLIGAN, City Clerk City of Palr+ Desert, California PUBLISH: Palm Desert Post November 20, 1980 Stanley C. Morse Consulting Civil Engineers 73-255 E1 Paseo, Suite 8 Palm Desert, CA 92260 Lewis Homes of California 45-445 Portola, Suite 1A Palm Desert, CA 92260 Lewis Homes of California 45-445 Portola, Suite 1A Palm Desert, CA 92260 Lewis Homes of California 45-445 Portola, Suite 1A Palm Desert, CA 92260 Stanley C. Morse Consulting Civil Engineers 73-255 E1 Paseo, Suite 8 Palm Desert, CA 92260 i 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE November 6, 1980 APPLICANT LEWIS HOMES OF CALIFORNIA 45-445 Portola Avenue, Suite 1A Palm Desert, CA 92260 CASE NO: CUP 14-80 TT 17104 ) The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of November 5, 1980 CONTINUED TO DENIED BY PLANNING COMMISSION RESOLUTION NO. XX APPROVED BY PLANNING COMMISSION RESOLUTION NO. 654 & 654-A XX PLACED ON THE AGENDA OF THE CITY COUNCIL OF December 4; 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. STAN SAWA Acting Secretary PALM DESERT PLANNING COMMISSION cc: Applicant C.V.C.W.D. File PLANNING COMMISSION RESOLUTION NO. 654) 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 CREATE A 62 LOT SUBDIVISION LOCATED ON THE NORTH SIDE OF RUTLEDGE WAY, WEST OF PORTOLA AVENUE. CASE NO. TT 17104 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of November, 1980, hold a duly noticed Public Hearing to consider the request of LEWIS HOMES OF CALIFORNIA for approval of a Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into 62 single family lots on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located on the north side of Rutledge Way, west of Portola Avenue, more particularly described as: Tract 12181-1 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the project has previously been assessed in connection with Case No. TT 12181-1 and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of 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. WHEREAS, in the review of this Tentative Tract Map the Planning Commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 17104 for_ the reasons set forth in the Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of November, 1980, by the following vote, to wit: AYES: BERKEY, KRYDER, RICHARDS, MILLER NOES: NONE ABSENT: MCLACHLAN ABSTAIN: NONE CHARLES MILLER; Chairman ATTEST: STAN SAWA, Acting Secretary 0 PLANNING COMMISSION RESOLUTION NO. Page Two CONDITIONS OF APPROVAL CASE NO. TT 17104 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 mumincipal ordinances and State and Federal Statures now in force, or which hereafter may be in force. 2. All applicable conditions of Resolution No. 78-119 and CUP 14-80 shall be met. 3. The total number of lots shall be limited to 62. 4. Six foot hiqh 1" x 8" cedar board fence to be constructed in side yard Along property lines between units. 5. CC&R's to be submitted to Director of Environmental Services for review and approval prior to recordation of final Tract Map, with CC&R's to include, but not be limited to the following provisions, to insure: A. Architectural and exterior color compatibility is maintained. B. Front yard landscaping compatibility. C. Lewis Homes ,shall act as third party to settle disagreements. D. Easements for use of driveway and other common areas. E. Definition of usage of common wall areas, and maintenance and repair of all common features. 6. Each dwelling unit to have individual utility meters. t_. �t PLANNING COMMISSION RESOLUTION NO. 654-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL- USE PERMIT TO ALLOW A PLANNED RESIDENTIAL DEVELOPMENT LOCATED ON THE NORTH SIDE OF RUTLEDGE WAY, WEST OF PORTOLA AVENUE. CASE NO. CUP 14-80 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of November, 1980, hold a duly noticed Public Hearing to consider a request by LEWIS HOMES OF CALIFORNIA for approval of a Conditional Use Permit to allow a planned residential development for a subdivision of 31 existing duplex lots into 52 single family lots on 9.8 acres within the R-2 (5) , S.P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located on the north side of Rutledge Way west of Portola Avenue, more particularly described as: Tract 12181-1 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the project has previously been assessed in connection with Case No. TT 12181-1 and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to justify their actions, as described below: a. The proposed project generally conforms to the intent and purpose of the R-2(5) , S.P. Zone District. b. The proposed project is adequately suited for the specific site and is compatible with existing and proposed development in the area. C. The proposed project will not be detrimental to the health, safety and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the recitations are true and correct and constitute the findings of the Commission in this case. 2. That the Planning Commission does hereby approve Conditional Use Permit No. CUP 14-80 (Exhibit A) subject to those conditions attached hereto. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 5th day of November, 1980, by the following vote, to wit: AYES: BERKEY, KRYDER, RICHARDS, MILLER NOES: NONE ABSENT: MCLACHLAN ABSTAIN: NONE CHARLES MILLER, Chairman ATTEST: STAN SAWA, Acting Secretary /lr PLANNING COMMISSION RESOLUTION NO. Page Two CONDITIONS OF APPROVAL CASE NO. CUP 14-80 1. The development of the property shall conform substantially with Exhibit A (Case No. CUP 14-80) on file with the Department of Environmental Services, as modified by the following conditions. 2. All applicable conditions of Resolution No. 78-119, TT 17104, shall be met. 3. Six foot high 1" x 8" cedar board fence to be constructed in side yard along property line between units. 4. Each dwelling unit to have individual utility meters. 1 _ . I `"° • itj rj— �n c7. a OCT 24'85 15 45-275 PRICKLY PEAR LANE,PALM DESERT,CAUFORNIA92260 CqL\F ' JIB. Ipp"i'" IK .838!95 TELEPHONE(7141 346-0611 1 Cis c;R Donald. J. Penningroth o< �tio i Evelyn E. ,Pennngroth o O n pF Carol MCMallen o Z o� ? Huntington Beach, C6282 Marc Dr. „ � V4 C �y Huntington JCO 3 r N< O F 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 O CITY OF PALM DESERT October 16, 1980 LEGAL NOTICE REQUEST FOR APPROVAL OF A CONDITIONAL USE PERMIT AND TENTATIVE TRACT MAP TO ALLOW THE SUBDIVISION OF 31 EXISTING DUPLEX LOTS INTO 62 SINGLE FAMILY LOTS ON 9.8 ACRES LOCATED AT THE NORTHWEST CORNER OF RUTLEDGE WAY AND PORTOLA AVENUE. CASE NO. CUP 14-80 AND TT 17104 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by LEWIS HOMES OF CALIFORNIA for approval of a Conditional Use Permit and Tentative Tract Map, to allow the subdivision of 31 existing duplex lots into 62 single family lots on 9.8 acres within the R-2 (5) , S. P. (Single Family Residential , one unit per 5,000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located at the northwest corner of Rutledge Way and Portola Avenue, more particularly described as: Tract 12181-1 ,.. ,-. __ _ _ __ _ MAGNESIA FP LLS DRIVE cur 14-0 TT 17104 I - , COMMUNITY I _ PARK • � I 11 I SAID Public Hearing will be held on November 5, 1980, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If approved, this proposal would allow the subdivision of duplex lots into single family lots. STAN SAWA, Acting Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post October 23, 1980 P4 � �✓A. 45-275 PRICKLY PEAR LANE PALM DESERT CA. 92260 ***TENTATIVE SUBDIVISION MAP**' DEPARTMENT OF ENVIRONMENTAL SERVICES PLANNING DIVISION LEWIS HOMES OF CALIFORNIA Applicant (please coot) 4S-44S Pnrtnla Avg r quite 'IA Mailing Address Telephone Palm Desert , California 92260 City State Zip-Code REQUEST: (Describe specific nature of approval requested Split existing duplexes (Tract, 12181-1 ) into singl (, family, hnmpa via lot split. fq2 )IJpIVIp jAL - I� PROPERTY DESCRIPTION: f All of Tract 12181-1_I2Pr map book 1n5 pagRs Q1 - 91 ASSESSOR'S PARCEL NO. 621-870-001 thru -1 EXISTING ZONING R2 (5) SP Property 0Wner Authorization THE UNDERSIGNED STATES THAT THEY ARE THE OWNER IS)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR- IZATION FOR THE FILING OF THIS APPLICATION. F � �Q V SIGNATURE DATE AGREEMENT ABSOLVING THE CITY OF PALM 5ESERT OF ALL LIABILITIES RELATIVE TO ANY DEED RESTRICTIONS. .. I DO BY MY SIGNATURE ON THIS AGREEMENT, ABSOLVE THE CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY DEED RES- TRICTIONS THAT MAY BE APPLICABLE TO THE PROPERTY DESCRIBED HEREIN. SIGNATURE DATE Applicant's Signature / SIGNATURE DATE (FOR STAFF USE ONLY) ENVIRONMENTAL STATUS ACCEPTED BY 011,hp , El MINISTERIAL ACT E.A. No. ❑ CATEGORICAL EXEMPTION CASE No. TT 1`7i o>-� ❑ NEGATIVE DECLARATION 0 OTHER REFERENCE CASE NO. CITY OF PALM DESERT SUPPLEMENTAL APPLICATION FORM TENTATIVE SUBDIVISION MAP Both State Law and the Palm Desert Subdivision Ordinance require that when any parcel , or contiguous parcels in one ownership, is proposed to be divided into more than four parts, now, or in the future, a tentative subdivision map must be processed through the City. Procedure: DEPARTMENT OF LAND PLANNING APPLICATION ENVIRONMENTAL DIVISION COMMISSION CITY COUNCIL SERVICES REVIEW RECOMMENDS APPROVES OR COM'MIT-. PPPROVAL,OR DENIES TEE DENIES kO. Formal applications for a Tentative Subdivision Map are accepted only on the first working Monday of each month. Prior to anticipating filing of an application, the map and required exhibits must be reviewed thoroughly with the Planning Division Staff. Features of maps may be further discussed with the City Public Works Department. Once the application is filed, City Staff will investigate the request and notify adjacent property owners of the Public Hearing. The average review period for a Tentative Map is five weeks. Prior to the Public Hearing before the Planning Commission, the map is reviewed by the Land Division Committee. The Committee establishes the recommendation and suggested conditions that will be presented to the Commission. The applicant should attend this meet- ing to gain an understanding of the Committee's and Staff's position on the request. In advance of the Hearing, the applicant will receive a copy of the meeting agenda and Staff Report concerning the case. If the map is approved by the Planning Commission, it is reviewed by the City Council, who take final action on the Tentative Map. The Final Map is processed through the Public Works Department and brought to the City Council . CONTENTS OF A TENTATIVE SUBDIVISION MAP The Tentative Subdivision Map shall be in a form acceptable to the City Engineer and Department of Environmental Services and shall comply with the provisions of the State Map Act. Department of -Environmental Services Form 10 CASE NO. TENTATIVE SUBDIVISION CHECKLIST NOTE: Applications will not be processed until the application and all required materials are found to be complete. Received I� Completed Application Form (one copy) II . Supplemental Information - Written Statements and Reports Subdivision building or development plan (Design Review Plans) 2 CM Yh p Storm Water Control Method N° Preliminary soils report and grading plan Proposed landscaping and irrigation 20\ Proposed covenants, conditions, and restrictions (C.C. & R's) b W MOO Method of sewage disposal N O Private street maintenance program (if applicable) III. Property Oviner' s Information - Typed listing of owners, assessor' s parcel numbers (two copies) - Assessor' s Parcel Map(s) (one set) - Gummed mailing labels (two sets) IV Address labels for project sponsors (three sets) V. Tentative Subdivision Map Exhibit - " Twelve (12) full size maps - ✓One full size sepia - ✓Twenty-three reduced copes W2" x 11" , or 13") VI . Environmental Assessment Form (received by A° Planning Division two weeks prior to formal filing of application) VII. Application filing fee: $250.00 + $2.50 per lot Cv5 TENTATIVE SUBDIVISION CHECKLIST Page -2- VIII:4 Optional plans and exhibits, as required by the Department of Environmental Services - Aerial photo(s) of the site - Other exhibits ( ) Specify Tentative Subdivision Map Exhibits Received and Checked by: Planning Division Staff Date SAFECO POLICY OF TITLE INSURANCE SAFECO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, SAFECO TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encumbrance on such title; 3. Lack of a right of access to and from the land; - 4. Unmarketability of such title; 5. The invalidity or unenforceability of the lien of the insured mortgage upon said estate or in- terest except to the extent that such invalidity or unenforceability,or claim thereof,arises out of the transaction evidenced by the insured mortgage and is based upon a. usury, or b. any consumer credit protection or truth in lending law; 6. The priority of any lien or encumbrance over the lien of the insured mortgage; 7. Any statutory lien for labor or material which now has gained or hereafter may gain priority over the lien of the insured mortgage, except any such lien arising from an improvement on the land contracted for and commenced subsequent to Date of Policy not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance; 8. Any assessments for street improvements under construction or completed at Date of Policy which now have gained or hereafter may gain priority over the insured mortgage; or 9. The invalidity or unenforceability of any assignment, shown in Schedule A, of the insured mortgage or the failure of said assignment to vast title to the insured mortgage in the named insured assignee free and clear of all liens In Witness Whereof, SAFECO Title Insurance Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of Date of Policy shown in Schedule A. SUR kit, �wf� '`;L�C,ORPORgrEp;or� 4e0004 Secretary �,�,,,I '�% President i"a eABCN.5, 191.�% ALTA LOAN POLICY- 1970, WITH ALTA ENDORSEMENT, FORM 1 COVERAGE, (Amended 10-17-70) Al P-204(Rev.2-79) SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the di- mensions or area of the land, or the effect of any violation of any such law, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the Insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or Interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such Insured claimant be- came an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance Is afforded herein as to any statutory lien for labor or material). 4. Unenforceability of the lien of the insured mortgage because of failure of the Insured at Date of Policy or of any subse- quent owner of the indebtedness to comply with applicable "doing business" laws of the state In which the land is situated. CONDITIONS AND STIPULATIONS 1. Definition of Terms land described in Schedule A by foreclosure, out undue delay, shall provide for the defense trustee's sale, conveyance in lieu of foreclosure, of an insured in all litigation consisting of The following terms when used in this policy or other legal manner which discharges the lien actions or proceedings commenced against mean: of the insured mortgage, and if the insured is a such insured, or defenses, restraining orders (a) "insured": the insured named in Sched- corporation, its transferee of the estate or in- or injunctions interposed against a foreclosure ule A. The term "insured" also includes (i) the terest so acquired, provided the transferee is of the insured mortgage or a defense inter- owner of the indebtedness secured by the in- the parent or wholly owner subsidiary of the in- posed against an insured in an action to en- sured mortgage and each successor in owner- sured; and in favor of any governmental agency force a contract for a sale of the indebtedness ship of such indebtedness (reserving, however, or instrumentality which acquires all or any part secured by the insured mortgage, or a sale of all rights and defenses as to any such suc- of the estate or interest pursuant to a contract the estate or interest in said land, to the extent cessor who acquires the indebtedness by oper- of insurance or guaranty insuring or guaran- that such litigation is founded upon an alleged ation of law as distinguished from purchase teeing the indebtedness secured by the insured defect, lien, encumbrance, or other matter in- including, but not limited to, heirs, disiributees, mortgage; provided that the amount of insur- sured against by this policy. devisees, survivors, personal representatives, ance hereunder after such acquisition, exclu- next of kin or corporate or fiduciary successors sive of costs, attorneys' fees and expenses (b) The insured shall notify the Company that the Company would have had against the which the Company may become obligated to promptly in writing (i) in case any action or successor's transferor), and further includes pay, shall not exceed the least of: proceeding is begun or defense or restraining (ii) any governmental agency or instrumentality i the amount of insurance stated in Sched- order or injunction is interposed as set forth in which is an insurer or guarantor under an in- () (a) above, (ii) in case knowledge shall come surance contract or guaranty insuring or guar- ule A; to an insured hereunder of any claim of title anteeing said indebtedness, or any part thereof, or interest which is adverse to the title to the whether named as an insured herein or not, (ii) the amount of the unpaid principal of estate or interest or the lien of the insured the indebtedness as defined in paragraph 8 and (ill) the parties designated p paragraph 2 mortgage, as insured, and which might cause hereof, plus interest thereon, expenses of fore- (a) of these Conditions and Stipulations. closure and amounts advanced to protect the loss or damage for which the Company may be (b) "insured claimant": an insured claiming lien of the insured mortgage and secured by liable by virtue of this policy, or (iii) if title to loss or damage hereunder. said insured mortgage at the time of acqusition the estate or interest or the lien of the insured of such estate or interest in the land; or mortgage, as insured, is rejected as unmarket- (c) "knowledge":actual knowledge, not con- able. If such prompt notice shall not be given structive knowledge or notice which may be (ill) the amount paid by any governmental to the Company, then as to such insured all lia- imputed to an insured by reason of any public agency or instrumentality, if such agency or bility of the Company shall cease and terminate records. instrumentality is the insured claimant, in the in regard to the matter or matters for which acquisition of such estate or interest in satis- such prompt notice is required; provided, how- (d) "land": the land described, specifically faction of its insurance contract or guaranty. ever, that failure to notify shall in no case or by reference in Schedule A, and improve- prejudice the rights of any such insured under ments affixed thereto which by law constitute (b) Continuation of Insurance after Convey- this policy unless the Company shall be pre- real property; provided, however, the term judiced by such failure and then only to the "land" does not include any property beyond ance of Title extent of such prejudice. the lines of the area specifically described or The coverage of this policy shall continue in referred to in Schedule A, nor any right, title, force as of Date of-Policy in favor of an insured (c) The Company shall have the right at its interest, estate or easement in abutting streets, so long as such insured retains an estate or in- own cost to institute and without undue delay roads, avenues, alleys, lanes, ways or water- terest in the land, or holds an indebtedness se- prosecute any action or proceeding or to do ways, but nothing herein shall modify or limit cured by a purchase money mortgage given by any other act which in its opinion may be the extent to which a right of access to and a purchaser from such insured, or so long as necessary or desirable to establish the title to from the land is insured by this policy. such insured shall have liability by reason of the estate or interest or the lien of the insured covenants of warranty made by such insured in mortgage, as insured, and the Company may (a) "mortgage": mortgage, deed of trust, any transfer or conveyance of such estate or take any appropriate action under the terms of trust deed, or other security instrument. interest; provided, however, this policy shall not this policy, whether or not it shall be liable (f) "public records": those records which by continue in force in favor of any purchaser from thereunder, and shall not thereby concede lia- law impart constructive notice of matters re- such insured of either said estate or interest or bility or waive any provision of this policy. lating to said land. the indebtedness secured by a purchase money mortgage given to such insured. (d) Whenever the Company shall have brought any action or interposed 'a defense as 2. (a) Continuation of Insurance after Acqui- required or permitted by the provisions of this sition of Title 3. Defense and Prosecution of Actions - policy, the Company may pursue any such liti- Notice of Claim to be given by an Insured gation to the final determination by a court of This policy shall continue in force as of Date Claimant competent jurisdiction and expressly reserves of Policy in favor of an insured who acquires the right, in its sole discretion, to appeal from all or any part of the estate or interest in the (a) The Company, at its own cost and with- any adverse judgment or order. (Conditions and Stipulations Continued and Concluded on Last Page of this Policy) POLICY OF TITLE INSURANCE �I SAFECO SAFECO TITLE SAFECO TITLE INSURANCE COMPANY INSURANCE COMPANY SAFECO TITLE INSURANCE COMPANY HOME OFFICE - - 13640 ROSCOE BOULEVARD PANORAMA CITY, CALIFORNIA 91409 L CONDITIONS AND STIPULA11ONS (Continued and Concluded From Reverse Side of Policy Face) (a) In all cases where this policy permits or on by the Company for such insured, and all claim under this policy, all right of subrogation requires; the Company to prosecute or prov:de costs, attorneys' fees and expenses in litigation shall vest in the Company unaffected by any for the defense of any action or proceeding, carried on by such insured with the written act of the insured claimant, except that the the insured hereunder shall secure to the Com- authorization of the Company. owner of the indebtedness secured by the in- pany the right to so prosecute or prov:de de- sured mortgage may release or substitute the fense (c) When liability has been definitely fixed appe i. such action a proceeding, and all Ii personal liability is any debtor or guarantor, or in accordance with the conditions of this Po cy, m f pay- use, t extend r otherwise modify the terms o p y appeals. therein, and permit the Company o Y use, at its option, the name of such insured the loss or damage shall be payable within 30 ment, or release a.portion of the estate or in- for such purpose. Whenever requested by the days thereafter. terest from the lien of the insured mortgage, or Company, such insured shall give the Company release any collateral security for the indebted- all reasonable aid in any such action or pro- 7. Limitation of Liability ness, provided such act occurs prior to receipt ceeding, in effecting settlement, securing evi- No claim shall arise or be maintainable under by the insured of notice of any claim of title or dence, obtaining witnesses, or prosecuting or this policy (a) if the Company, after having re- interest adverse to the title to the estate or defending such action or proceeding, and the this notice of an alleged defect, lien or en- interest or the priority of the lien of the insured Company shall reimburse such insured for any ceicumbrance insured against hereunder, by lift- mortgage and does not result in any loss of expense so incurred. cation or otherwise, removes such defect, lien priority of the lien of the insured mortgage. The en- or encumbrance or establishes the title, or the Company shall is andsub rated is and be such .4. Notice of Loss - Limitation of Action I'en of the insured mortgage, as insured, within titled to all rights and remedies which such a reasonable time after receipt of such insured claimant would have had against any In addition to the notices required under notice; (b) in the event of litigation until there Person or property in respect to such claim had this policy not been issued, and if requested paragraph 3(b) of these Conditions and Stipu- has been a final determination by a court of lations, a statement in writing of any loss or competent jurisdiction, and disposition of all by the Company, such insured claimant shall damage for which it is claimed the Company appeals therefrom, adverse to the title or to the transfer to the Company all rights and remedies is liable under this policy shall be furnished to lien of the insured mortgage, as insured, as against any person or property necessary in the Company within 90 days after such loss or provided in paragraph 3 hereof; or (c) for lie- order to perfect such right of subrogation and damage shall have been determined and no bility voluntarily assumed by an insured in shall permit the Company to use the name of right of action shall accrue to an insured claim- settling any claim or suit without prior written such insured claimant in any transaction or ant until 30 days after such statement shall consent of the Company. litigation involving such rights or remedies. If have been furnished. Failure to furnish such the payment does not cover the loss of such statement of loss or damage shall terminate any insured claimant, the Company shall be subro- liability of the Company under this policy as to 8. Reduction of Liability gated to such rights and remedies in the pro- such loss or damage. (a) All payments under this policy, except portion which said payment bears to the a- payments made for costs, attorneys' fees and mount of said loss, but such subrogation shall 5. to Options Pa or Otherwise Settle Claims expenses, shall reduce the amount of the insur- be in subordination to the insured mortgage. If p y ance pro tanto; provided, however, such-payloss of priority should result from any act of The Company shall have the option to pay ments, prior to the acquisition of title to said such insured claimant, such act shall not void or otherwise settle for or in the name of an estate or interest as provided in paragraph 2(a) this policy, but the Company, in that event, insured claimant any claim insured against or of these Conditions and Stipulations, shall not shall be required to pay only that part of any to terminate all liability and obligations of the reduce pro tanto the amount of the insurance losses insured against hereunder which shall Company hereunder by paying or tendering afforded hereunder except to the extent that exceed the amount, if any, lost to the Company payment of the amount of insurance under this such payments reduce the amount of the in- by reason of the impairment of the right of policy together with any costs, attorneys' fees debtedness secured by the insured mortgage. subrogation. and expenses incurred up to the time of such payment or tender of payment by the insured Payment in full by any person or voluntary 11 Liability Limited to this Policy claimant and authorized by the Company. In satisfaction or release of the insured mortgage case loss or damage is claimed under this shall terminate all liability of the Company ex- This instrument together with all endorse- policy by an insured, the Company shall have cept as provided in paragraph 2 (a) hereof. ments and other instruments, if any, attached the further option to purchase such indebted- (b) The liability of the Company shall not hereto by the Company is the entire policy and ness for the amount owing thereon together be increased by additional principal indebted- contract between the insured and the Company. with all costs, attorneys' fees and expenses ness created subsequent to Date of Policy, ex- Any claim of loss or damage, whether or not which the Company is obligated hereunder to cept as to amounts advanced to protect the lien based on negligence, and which arises out of pay. If the Company offers to purchase said in- of the insured mortgage and secured thereby. the status of the lien of the insured mortgage debtedness as herein provided, the owner of - or of the title to the estate or interest covered such indebtedness shall transfer and assign No payment shall be made without producing said indebtedness and the mortgage and any this policy for endorsement of such payment hereby or by any action asserting such claim, collateral securing the same to the Company unless the policy be lost or destroyed, in which shall be restricted to the provisions and con- upon payment therefor as herein provided. case proof of loss or destruction shall be furn- ditions and stipulations of this policy. ished to the satisfaction of the Company. No amendment of or endorsement to this 6. Determination and Payment of Loss policy can be made except by writing endorsed 9. Liability Noncumulative hereon or attached hereto signed by either the (a) The liability of the Company under this If the insured acquires title to the estate or President, a Vice President, the Secretary, an policy shall in no case exceed the least of: q Assistant Secretary, or validating officer or i the actual loss of the insured claim- interest in satisfaction of the indebtedness art authorized signatory of the Company. (�) cured by the insured mortgage, or any part ant; or thereof, it is expressly understood that the (ii) the amount of insurance stated in amount of insurance under this policy shall be 12. Notices, Where Sent Schedule A, or, if applicable, the reduced by any amount the Company may pay amount of insurance as. defined in under any policy insuring a mortgage hereafter All notices required to be given the Company paragraph 2(a) hereof; or executed by an insured which is a charge or and any statement in writing required to be (iii) the amount of the indebtedness se- lien on the estate or interest described or furnished the Company shall be addressed to cured by the insured mortgage as de- referred to in Schedule A, and the amount so it at the office which issued this policy or to its termined under paragraph 8 hereof, at paid shall be deemed a payment under this Home Office, 13640 Roscoe Blvd., Panorama the time the loss or damage insured Policy. City, California 91409. against hereunder occurs, together with interest thereon. 10. Subrogation Upon Payment or Settle- 13. THE PREMIUM SPECIFIED. IN SCHED- (b) The Company will pay, in addition to any ment ULE A IS THE ENTIRE CHARGE FOR loss insured against by this policy, all costs TITLE SEARCH, EXAMINATION AND TITLE imposed upon an insured in litigation carried Whenever the Company shall have settled a INSURANCE. At P-2131(Rev.2-79) SCALE_ v-ao' �'--IN CITY OF PALrd DESLRT COUNTY OF RIVERSIDE sl-IEEr Z C 't, TACT N0. 12181 - 1 BEING A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 17, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO MERIDIAN. RONALD W. MARTIN AND ASSOCIATES;. INC. I J_ Y N.CYCB VJ'E. 3G91.o2' .G2109' ro I'ZF w�al�Enslr� T2TOLA AVENUE 71 (LV UTY EY TA(a FT SPI�es-O B In M<o. /O(�dTUFA nG0. wRnc r.Fa ..TwvEO BI _ _ r 14 . B l]�"iL 6. 1aa4-��J O'GB'p•c I(1. }' ` u LOT •A• I bV P N.acu.�oE. zs9.z� —� Yn qI L•'��.3L' J W r W Q3' ui V,a d C� e0 1141, 7. e.3r,. eiro Nlj;.��ts' N_a II 1q'E s STONY HILL COURT 'T E-7J ----- S NOTES: IF J: 6.41' J N' 1591 — 1. 1nE.f_-lEPR11JG3 pJ Tl-IIC MG'fi ATe LEA TE (1 H�2. aiE N pJ THc C/+L��-'RN1A CWROINATE SYSTEM N_ e•,Z Q,,42. n LOT •C• N ZCAJE SS. ,-.4Z 0 2.• INDICATES FGJNO MONUh1ENT A? r�KJTFS�. 4 j 0INMICATES SET MONVMENr AS NOTED, m 2i5.12W P _ 4.0 WLOICATES SET 'MONUME—r— PER CITY q 0 ;N OF PALM DESERT STA1�L7/aR0 �PECIFh Q _p - (^ CATION M-Z N FI� )Uppr yI GIJd •�wf' 0�. 0- z '1. rip TAG = •RCE. 1441 SET" AT ALL. � aB HEAR lPT CORNERS OR NAIL ANO T/Y_ 'RG E. 144�' IN WAIF• VNIEc.F OTHERWP.aE N.O•CB'6,'W. Z 2,9.�"5 In NOTE C7 i lzl1 ' Io'1 of /I pl F"- p7,-rCVCe1 4a ICE LOT LIVESBIN S"i'.1 O LIEU Or FROIJT L.CJT 7, 1} 11S`NG SErO l LANE SHALL CONFCFM 1 N O TO 011T,1J ZONINCa,. QQ• B D B. T1y16 TRPGT COlJ TP1NO 9.9J] AGREE. e, g, pej og 6 e�da° > z �$8 S� �Nn = 9 S as sa �3 n7_ Zr �rc� CALLAWAY COURT ry N.�J•O0'S,'W rJEaO. 8 O•G•0 S,'W 14'J lj - 3 rortdu uruut Io�.<x� •�z.u' y—n d LOT •O' a W L. a c• v �.-" � 10 O pN IOGBN 0 pP N grnl r pQ,gd W S Ji. DDj. d_Ngn LrO� g L o . a ti lt r r N cps II 5i 12 Id0 W YICINITI Mk r `'- .g Q N o•oe'e, w. 2�9.Iro' Iu S 0 N 0 W -ti N 0. 13 L1 0 .� Q QV. 14 D r N 3 g b Z .0 �dm m 3 od .c m g Nq P0,c z m Z I5 ao ud� to �y as "This plat is for your aid in locating your land with mfirence to at/ee5 rd a_' z p/pNDAVI COURT a other parcels.It is not survey.While this plat is believed W be correct.ylle , p J o•oe'o,•w. 01��j' Company assumes no liability for any loss occuring by reason of reliance oSm' e p thereon." LOT •E• N SAFECO TITLE INSURANCE COMPANY 'n•h4z,'�'� 4 O I D-N. �00 0 � ga RI .. ,psi.Y 00 9 ndl crtJ�Ill NJ a D D Zo 21 SEE SHEET" NO. I I tO y -- t sh SCHEDULE A Policy No. 492539 Premium $7,285.19 Amount of Insurance: $3,282,218.00 Date of Policy: March 5, 1980 at 9:00 a.m. 1. Name of Insured: UNITED CALIFORNIA BANK, a California corporation 2. The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is: A FEE 3. The estate or interest referred to herein is at Date of Policy vested in: L04IS HOMES OF CALIFORNIA, a partnership 4. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows: A deed of trust to secure an indebtedness of $3,282,218.00, and any other amounts payable under the terms thereof, recorded .March 5, 1980 as Instrument No. 42799. Dated: February 11, 1980 Trustor: Lewis. Homes of California, a partnership Trustee: United California Bank, a California corporation Beneficiary: United California Bank, a California corporation 5. The land referred to in this policy is in the State of California, County of Riverside, and is described as follows: SEE EXHIBIT "I" ATTACHED i Order No. 492539 EXHIBIT "I" Lots 1 through 31, inclusive of Tract 12181-1, as shown by Map recorded in Book 105 pages 91, 92 and 93 of Maps, Riverside County Records. Excepting therefrom the exclusive right to prospect for, drill for, produce and take any oil, gas or other hydrocarbon substances or mineral substances, and accompanying fluids, including all geothermal resources, from below the depth of 500 feet from the surface of said real property. Said land is also situated in the City of Palm Desert. { Order No. 492539 SCHEDULE B PART I This policy does not insure against loss or damage by reason of the following: 1. Any additional tax amounts that may hereafter be assessed within the guidelines defined in Chapters 49 and 242 of the State of California Statutes of 1979. 2. An easement for the hereinafter described purposes and rights incidental thereto as contained in an instrument recorded September 14, 1978 as Instrument No. 193783; For: ingress and egress In favor of: The Regents of the University of California 4 . An easement for the hereinafter described purposes and rights incidental thereto as contained in an instrument recorded February 22, 1980 as Instrument No. 35776; For: to construct, use, maintain, operate, alter, add to, repair, replace, reconstruct, inspect and remove at any time and from time to time underground electrical supply systems and communication systems (hereinafter referred to as "systems") , consisting of wires, underground conduits, cables, vaults, manholes, handholes, and including above-ground enclosures, markers and concrete pads and other appurtenant fixtures and equipment necessary or useful for distributing electrical energy and for transmitting intelligence by electrical means In favor of: Southern California Edison Company, a corporation Affects: As follows: All streets and alleys together with various strips of land, 6 feet in width, lying within all the lots bounded on one or more sides by roads or highways as shown on Tract No. 12181-1 on file in Book 105, pages 91, 92 and 93 of Maps, Riverside County Records, the sidelines of said strips shall in all cases be coincidental with the right of way lines of said roads and highways. Also, the North 4 feet of the West 35 feet of Lots 1, 7, 13, 19, 25; Also, the North 4 feet of the East 35 feet of Lots 6, 12, 18, 24, 31; Also, the South 4 feet of the [lest 35 feet of Lots 2, 8, 14, 20, 26; Also, the South 4 feet of the East 35 feet of Lots 5, 11, 17, 23, 29, 30; Order No. 492539 4. Affects continued Also, the West 4 feet of the South 35 feet of Lots 3, 9, 15, 21, 27; Also, the East 4 feet of the South 35 feet of Lots 4, 10, 16, 22, 28; All of said Tract No. 12181-1. a INDORSEMENT Dated: March 5, 1980 at 9:00 A.M. Attached to Policy No. 492539 The Company hereby insures the owner of the indebtedness secured by the mortgage referred to in Schedule A if this is an ALTA policy Paragraph of Part II of Schedule B if this is a CLTA Standard Coverage Policy against loss which said Insured shall sustain as a result of any exercise of the right of use or maintenance of the easement referred to in paragraph 2 of Schedule B over or through said land. The total liability of the Company under said policy and any indorsements therein shall not exceed, in the aggregate, the face amount of said policy and costs which the Company is obligated under the conditions and stipulations thereof to pay. This indorsement is made a part of said policy and is subject to the schedules, conditions, and stipulations therein, except as modified by the provisions hereof. y y `z U It q 4f,1 r Y rrPlr �t t�ONPM� -aY SAFECO TITLE INSURANCE COMPANY By . . . . . . . . . . . . . . . . . sized . . . . . . . . . . . . . . . . . . . . . . . . Authorized Signature 103.1 INDORSEMENT CLTA Form(Rev.2-20-61) CA-103.1 (Rev.2-79) SAFECO TRACT 12181-1 _ f CITY Of PALM DESERT LOT LcrY 54• g�rpcyE 1 4980 2 5000 3 416o 4 5600 5 . 5820 6 4130 7 4150 8 5800 9 6390 10 3680 11 5480 12 4500 13 4550 14 5510 15 3940 16 6080 17 6360 18 3660 19 3710 20 6380 21 6120 22 3920 23 5620 24 4340 �5 4450 26 5420 27 3820 28 6020 29 6220 30 3700 31 3710 l r 32 0 33 6010, 34 3800 35 5540 36 4410 37 4510 38 5490 39 3900 40 5940 41 6370 42 3580 43 3650 44 6255 45 5960 46 3910 47 5420 48 4380 49 5535 50 4450 51 3770 52 5980 53 6300 54 3670 55 3700 56 6920 57 5940 58 4P20 59 5950 60 4180 61 - 45$1 62 8660 1 - CASE NO. CONDITIONAL USE PERMIT CHECKLIST NOTE: Planning Division Staff are required to reject applications if any appli- cable exhibits are not received and checked at the time of filing. INITIAL EXHIBITS: Complete: 0 Completed Application Form (one (1) copy) II . Written Documents (one copy typed) rsC Legal Description/Ownership 6AFtZ-0 Expanded Statement of Use Request III Property Owners Information - Typed listing of owners, Assessor's Parcel Numbers (two (2) copies) - Assessor' s Parcel Map(s) .(one set) - Gummed mailing labels (two (2) sets) 0. dV. Address lables for project sponsors (three (3) sets) v V Environmental Assessment Form (received by N.� Planning Division two weeks prior to formal filing of application) d I . Application Filing Fee ��� � It•t t�utl� - Sites containing one acre or less, $140 or, - Sites containing more than one acre, z s� Sc> $250 + $10/acre (or faction thereof) s� or, - Sites with D, S, N, SP, H, zoning overlays , plus 50% of base fee ( r 1 � VII . Supplemental plemental plans and exhibits , as required by the Dept. of Environmental Services for the specific use requested. G�JAurPsd c ' Osv Conditional Use Permit Exhibits �t�� Received and Checked by: CONDITIONAL USE PERMIT Required Submittal Detail Page Two VI� APPLICATION FILING FEE. . Provide check payable to the City of Palm Desert in the specified amount. - Sites containing one acre or less , $140 - Sites containing more than one acre, $250 + $10/acre (or faction thereof) - Sites with D, S, N, SP, H, zoning overlays, plus 50% of base fee VII . Supplemental plans and exhibits which relate to the specific use requested in this application. Planning Division Staff should be contacted regarding the contemplated use, to obtain a list of additional plans and exhibits which will be required for that specific activity. These supplemental items will need to be reviewed with Planning Division Staff in advance of filing and submitted with the formal application. *Supplemental Application Items: Q Residental Development Q Commercial/Industrial Activities Q Public/Quasi Public and Private Institutional Uses Q Recreational Activities G7 Other Uses (Items as specified for the use. ) Q Zoning Overlay District(s) _"D" Drainageway, Floodplain, Watercourse Overlay _"SH" Seismic Hazard Overlay "N" Natural Factors/Restricted Development Overlay _"H" Hillside Development Overlay Q Variance/Adjustment *Planning Staff are to indicate which items apply to a specific application. II� CITY OF FALM DESERT VREASURERI RECEW 4128 RECEIVED OF: Lie���r.., DATE AMOUNT FOR RECEIVED: CITY TREASURER BY: ACCOUNT NO. AMOUNT CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE PAYOR LEWIB HOMER OF CALIFORNIA THE ATTACHED CHECK IS INFAYMCHT OF ITEMS STATEMENT O Met.OW. '.M DESERT, CALIF. IF NOT COPPEC> FlC ..MOnw ua FHO.11. NO PECCIrr OE.IPEO. NO 1331 DELUXE FORM TWC-3 V-2 DATE DESCRIPTION AMOUNT Tentative Tract 17104 Tentative tract fee $405. 00 esubdivision of Tract 12181-1 (Duplexes) PR INTEROFFICE MEMORANDUM City of Palm DesertRECEIVED TO: RAY DIAZ, Director of Environment Services AIAR 2 6 1981 FROM: DAVID J. ERWIN, City Attorney ENVIRONMENTAL SERVICES CITY OF PALM DESERT, SUBJECT: Palm Desert Gardens Homeowners Association DATE: March 23, 1981 Dear Ray: I am enclosing a Declaration of Restrictions of Palm Desert Gardens Homeowners Association, Inc . , .for Tract 17104, which I have reviewed and find satisfactory. If you have any questions, please let. me know. Yours v truly, r D J. ERWIN DJE: st encl. CC: Bill Sullivan Lewis Homes I-- WHEN RECORDED MAIL TO: - .. LEWIS HOMES OF CALIFORNIA -- - - 1156 NORTH MOUNTAIN AVENUE P. 0. BOX 670 UPLAND, CA 91786 . ATTENTION: GENERAL COUNSEL INDEX OF DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. CITY OF PALM DESERT, COUNTY OF RIVERSIDE STATE OF CALIFORNIA PAGE ARTICLE 1 DEFINITION OF TERMS 2 1. 1 Declaration 2 1.2 Unit 2 1.3 Common Area 2 1.4 Condominium 3 1.5 Owner 3 1.6 Association 3 1.7 Organizational Meeting 3 1.8 Bylaws 3 1.9 Board and/or Board of Directors 3 1.10 Project 3 1.11 Property and Improvements 3 1.12 Condominium Plan 3 1. 13 Mortgage 3 1.14 Mortgagee 4 1.15 Institutional Holder 4 ARTICLE 2 DESCRIPTION OF LAND AND IMPROVEMENTS 4 2. 1 Condominium Plan Best Authority 4 2.2 Property Description 4 2.3 Descrdpii-on of Individual Condominium 4 2.4 Encroachment Easements 4 2.5 Easements 5 ARTICLE 3 HOMEOWNERS ASSOCIATION 5 it 3. 1 Creation of Association 5 3.2 Transfer of Membership 5 _ -.3.3 Control of Common Area 5 3.4 Creation of Board of Directors 5 3.5 Annual Meetings 5 3.6 Special Meetings 6 3.7 Notice of Meetings 6 3.8 Quorum Requirements for Members' Meetings 6 (i) INDEX OF DECLARATION -OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. (Continued) PAGE 3.9 Proxies 6 3. 10 Voting Rights of Members 7 3. 11 Cumulative Voting 7 3. 12 Removal of the Board 7 3. 13 Regular Meetings of the Board 8 3. 14 Special Meetings 8 3. 15 Quorum Requirements for Board Meetings 8 3. 16 Meetings. of Board Open to All Memebers 8 ARTICLE 4 POWERS, RIGHTS, AND DUTIES OF THE ASSOCIATION 8 4. 1 Association Rules 8 4.2 Annual Budgets and Financial Statements 9 (a) Proforma Operating Statements 9 (b) Balance Sheet - 9 (c) Distribution 9 (d) Amount of Regular Assessments 9 (e) Commencement Date 10 (f) Assessment Roll 10 (g) Increase in Regular Assessments 10 (h) Reduction of Budget Assessments 11 . (i) Mailing 11 (j) Failure to Establish Assessments 11 (k) Installment Payment 12 (1) Delinquent Assessments 12 (m) Liability for Assessments 12 (n) Special Assessments 12 (1) Insurance Proceeds Unavailable "13 (2) Act Increasing Insurance 13 (3) Other Special Assessments 13 (o) Limitations Without Approval 14 (p) Deposit; Bank Account 14 4.3 Liens; Enforcement 14 (a) Enforcement by Lien 14 (b) Enforcement by Suit 15 (c) Priority of Assessment Liens 15 (d) Waiver of Homestead 16 4.4 Insurance 16 4.5 Architectural Control Authority 18 li 4.6 Disputes, Hearings, and Arbitration 18 4.7 Association's Right of Entry 19 ARTICLE'S MAINTENANCE AND REPAIRS 19 5. 1 General 19 5.2 Maintenance of Common Areas 20 5.3 Maintenance Obligations 20 5.4 Taxes 20 (ii) INDEX OF DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. (Continued) - PAGE ARTICLE 6 USE RESTRICTIONS 20 6. 1 One Use, Business Usage Prohibited 20 6.2 Pets P1 6.3 Children P1 6.4 Signs 21. 6.5 No Unreasonable Obstructions 22 6.6 No Unauthorized Installations 22 6.7 No Oil Drilling or Mining Operations 22 6.8 Persons Subject to Declaration/Bylaws 22 6.9 No Restrictions 23 ARTICLE 7 GENERAL PROVISIONS 23 7. 1 Continuing Liability for Assessments 23 7.2 Books and Records of the Association 23 7.3 Liberal Interpretation of Declaration 23 7.4 Severability of Provisions 23 7.5 Cumulative Remedies 23 7.6 Successors and Assigns 23 7.7 Waiver of Breach of Declaration 23 7.8 Joint and Several Liability 24 7.9 Notice of Sale of Condominium 24 7..10 Enforcement 24 7. 11 Sales Office 24 ARTICLE 8 UTILITIES 24 8. 1 Utility Rights 24 8.2 Easements 25 ARTICLE 9 DAMAGE AND DESTRUCTION 25 9.1 Destruction 25 9.2 Rebuilding Procedures 26 9.3 Rebuilding Contract 26 9.4 Rebuilding Not Authorized 26 9.5 Revival of Right to Partition 27 9.6 Condemnation 27 (a) Sale By Consent 27 (b) Distribution of Proceeds of Sale 27 (c) Distribution of Condemnation Award 27 (d) Revival of Right to Partition 27 � 1 ARTICLE 10 PARTITION 27 10. 1 Suspension 27 10.2 Distribution of Proceeds 28 10.3 Power of Attorney 28 ARTICLE 11 NON-SEVERABILITY OF COMPONENT INTERESTS IN A CONDOMINIUM 28 11.1 Prohibition Against Severance 28 (iii) INDEX OF DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. (Continued) PAGE 11.2 Conveyances 28 ARTICLE 12 TERM OF DECLARATION 28 ARTICLE 13 PROTECTION OF LENDERS 29 13. 1 Written Notice to First Mortgagees 29 13.2 No Right of First Refusal 29 13.3 Subordination of Assessment Lien 29 13.4 Leasing 29 13.5 Prior Approval of First Mortgagees 30 13.6 Examination of Books and Records 31 13.7 Taxes, Assessments, and Charges 31 13.8 Reserves for Replacement 31 13.9 Start-Up Fund 31 13.10 No Priority Over Rights of Mortgagees 31 13. 11 Further Notice to Mortgagees 32 13.12 Contracts in Excess of One Year 32 13. 13 No Obligation to Cure Breach 32 13.14 Breach of Declaration 32 13. 15 FHLMC/FNMA Insurance Requirements 32 13. 16 Conflicts 32 13. 17 FHA Approval 33 13. 18 FHA Regulatory Agreement 33 ARTICLE 14 AMENDMENTS 33 14.1 Prior to Close of First Escrow 33 14. 2 Subsequent to Close of First Escrow 34 j 1� (iv) - .. WHEN RECORDED MAIL TO: LEWIS HOMES OF CALIFORNIA 1156 NORTH MOUNTAIN AVENUE P. 0. BOX 670 - - UPLAND, CA 91786 ATTENTION: GENERAL COUNSEL DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. CITY OF PALM DESERT, COUNTY OF RIVERSIDE STATE OF CALIFORNIA THIS DECLARATION is made . this day of 1981, by LEWIS HOMES OF CALIFORNIA, a partnership, hereinafter referred to as "Declarant," with reference to the following: A. On or about the date of recordation of this declaration in the Office of the County Recorder.,,of Riverside County, Declarant is the owner of that -certain real property, commonly known as Palm Desert Gardens-1, located at Portola Avenue and Rutledge Way, in the City of Palm Desert; County of Riverside, State of California, improved with four (4) -units and with the property, improvements, and all facilities and ., ,_-appurtenances thereof, being hereinafter collectively Teferred to as the "Project," all of which is hereinafter more particularly described as follows: Lot 1 of Tract 17104- as per map recorded in Book of Maps, , pages and Official Records, Riverside County (the "property") . B. It is the desire and intention of Declarant to sell and convey interests in said real property to various individuals, subject to certain basic protective -restrictions, limitations, easements, covenants, reservations, liens, and charges between Declarant and the acquirers or users of said property, as hereinafter set forth. NOW, THEREFORE, pursuant to the provisions of Chapter 1 of Title 6, Part 4 of Division 2nd of the California Civil Code and Section 1468 of the California Civil Code, Declarant hereby declares that the property, improvements, appurtenances, and facilities described herein and as shown on the condominium plan recorded in connection with the Project, shall be held, conveyed, divided, encumbered , hypothecated , leased, rented , used, occupied, and improved subject to the following uniform covenants, conditions, restrictions, limitations, reservations, easements, rights, rights of way, liens, charges, and equitable servitudes, all of which are hereby declared , established , expressed , and agreed to: DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC . Page 2 1 . Be in furtherance of a plan for the subdivision and sale of individual condominiums in a condominium project as defined in Section 1350 of the California Civil Code; 2. Be for the benefit and protection of the Project, its desirability, value, and attractiveness; 3. Be for the benefit of owners of condominiums in the Project; 4. Run with the land and be binding upon all parties having or acquiring any right, title, or interest in the Project or any part thereof; 5. Inure to the benefit of every portion of the Project and any interest therein; and 6. Inure to the benefit of and be binding upon each successor and assignee in interest of each owner and of Declarant. Any conveyance, transfer, sale, lease, or sublease made by Declarant or by the association (as hereinafter defined) of a unit in the Project shall and hereby is deemed to incorporate by reference the provisions of this declaration, including, but not limited to, covenants, conditions, restrictions, limitations, grants of easements, rights, rights of way, liens, charges, and equitable servitudes contained herein. - The provisions of this declaration shall be enforceable by Declarant, any owner or his or its successor in interest and shall also be enforceable by The Palm Desert Gardens- Homeowners Association, Inc. , its board of . directors, or any person, firm, or corporation duly authorized by the association or its board , to enforce all or any one or more of the provisions hereof. ARTICLE 1 DEFINITION OF TERMS Whenever used in this declaration, the following terms shall mean: 1.1 "Declaration" shall mean this declaration, as the same may be amended , supplemented , or modified from time to, time. 1.2 "Unit" shall mean the elements of a condominium which are owned individually and not in common with owners of other elements of the Project and shall consist of a residential element, a garage j element, and front and rear yard elements, all as more particularly I' shown and defined on the condominium plan. 1 .3 "Common area" shall mean the entire Project, excepting all units, as defined above under Section 1.2 and on the condominium plan, therein granted or reserved, subject to all easements and rights of use described herein and in the documents of conveyance through which each owner acquires his condominium. .. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 3 � I 1 .4 "Condominium" shall mean a condominium as defined in Section 783 of the Civil Code, consisting of an individual interest in common in a portion of a parcel of real property, together with a separate 4 interest in space in a residentail building on such real property; E more particularly, an estate in real property consisting of an undivided one fourth (1/4) interest in the common area, together with a separate interest in a unit, as hereinbefore defined , in ;r said property. - =I 1 .5 ."Owner" shall mean and refer to the record owner, whether one (1) s or more persons or entities, of fee simple title to any condominium 'y which is a part of the real property, including contract sellers, t' but excluding those having such interest merely as security for the performance of an obligation. ;` �31 1 .6 "Association" shall mean and refer to Palm Desert Gardens- `? Homeowners Association, Inc. , a California nonprofit mutual benefit corporation, its successors, and assigns. iy ti 1.7 "Organizational meeting" shall mean the first meeting of owners, T which shall occur within forty-five (45) days after the close of y sale of the first unit which represents the fifty-first (51st) percentile interest sold, but in no event, later than six (6) months after the close of sale of the first unit in the Project, at t� which meeting, a board of directors shall be elected by secret written ballot of the owners. 1 .8 "Bylaws" shall mean the bylaws of the Palm Desert Gardens-,- Homeownersj Association, Inc. , as the same may be amended from time . 4 to time. 1.9 "Board and/or board of directors" shall mean the governing body of the Association, consisting of four (4) members, all of whom shall ; . be owners of the units within the Project. 1.10 "Project" shall mean the entire parcel of real property, divided or to be divided into condominiums, including all structures and improvements thereon. 1 .11 "Property and improvements" shall mean all that real property, more particularly described as Lot 1 of Tract 17104- , in the City of Palm Desert, County of Riverside, State of California, as per map recorded in Book of Maps, pages and , in the Office of the County Recorder of Riverside County, together with four (4) units and common area. I i 1 . 12 "Condominium plan" shall mean the plan prepared, executed, and recorded in connection with the Project. 1 . 13 "Mortgage" shall mean and refer to a deed of trust, as well as a mortgage . DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 4 1.14 "Mortgagee" shall mean and refer to a beneficiary under or a holder of a deed of trust, as well as a mortgagee. 1.15 "Institutional holder of first mortgage" shall mean a bank or _ savings and loan association or established mortgage company, or other entity chartered under federal or state law, any corporation or insurance company, or any federal or state agency. ARTICLE 2 DESCRIPTION OF LAND AND IMPROVEMENTS 2. 1 Condominium plan best authority. The following description is intended for information purposes only' and in the event of any conflict between this description and the condominium plan, the . condominium plan shall be deemed to conclusively control. rl 2.2 Property description. The property consists of Lot 1 of Tract 17104- , in the City of Palm Desert, County of Riverside, State of California, as per map recorded in Book of Maps, pages and , in the Office of the County Recorder of Riverside County. The hereinbefore described real property is located at Portola Avenue and Rutledge Way, Palm Desert, California. Construction has been or will be completed on said land and improvements consisting basically of two (2) buildings containing a total of four (4) units, together with garages and/or carports, front and rear yards which constitute part of the units. 2.3 Description of individual condominium. Each condominium within the Project which shall be offered for sale shall consist of a fee simple interest in and to a particular unit, together with an undivided one fourth (1/4) interest as a tenant-in-common in the . common area, as set forth on Exhibit "A" hereto and made a part hereof. 2.4 Encroachment easements. The owners of each condominium are hereby granted an easement over all adjoining units, garages, front and back yards, and the common area for the purpose of accommodating any minor encroachments due to engineering errors, errors in original construction, settlement or shifting of any building, or any other cause. There shall be easements for the maintenance of said encroachments so long as they shall exist and the rights and obligations of owners shall not be altered in any way because of said encroachment, settlement or shifting; provided however that, in no event shall an easement for encroachment be created in favor of any owner if the encroachment occurred due to the willful misconduct of any owner. In the event any portion of a structure on the properties is partially or totally destroyed and then repaired or rebuilt, each owner agrees that there shall be easements for minor encroachments and for maintenance of same over all adjoining units, garages, front and rear yards, and/or the common area so long as said encroachments shall exist. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 5 2.5 Easements. The owners of each condominium are hereby granted an easement over the common areas for the purpose of affording such owner, his tenants, successors, and assigns the right of ingress to and egress from his unit. Such right shall be perpetual and appurtenant to ownership of a unit. . ARTICLE 3 HOMEOWNERS ASSOCIATION 3.1 Creation of association. The owners of units shall constitute a homeowners association. Each owner of a unit (including Declarant with respect to any units owned by Declarant) shall be a member of the association. Association membership shall be appurtenant to unit . ownership and each owner of a unit shall automatically be a member of the association. Ownership of a unit in the Project shall be the sole qualification for membership in the association. Control of the association shall pass to purchasers of units not later than six (6) months following the first conveyance of title to a unit within the Project. 3.2 Transfer of membership. The association membership of each owner shall be appurtenant to ,the unit giving rise to such membership and shall not be assigned , transferred , pledged, conveyed , or alienated in any way, except on -the transfer of title to the unit and then only to the transferee of title to the unit. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a unit shall operate automatically to transfer the membership in the association appurtenant .thereto to the new owner thereof. 3.3 Control of common area. The common area shall be controlled by the owners in common through their membership in the association. The association shall have the responsibility of managing and maintaining the common area in a state of good repair so as to keep the whole of the Project in a satisfactory condition. 3.4 Creation of board of directors. The members of the association shall hold an organizational meeting within forty-five (45) days after the close of sale of ,the first unit in the Project which represents the fifty-first (51st) percentile interest sold, but in no event, later than six (6) months after the close of the first unit in the Project. At the organizational meeting, a board of - directors composed of four (4) owners shall be elected by secret written ballot of the owners. Prior to the organizational meeting, ' i Declarant shall manage the affairs of the association. 3.5 Annual meetings. Annual meetings of the owners shall be held within ten (10) days before or after the anniversary date of the organizational meeting. Meetings shall be held within the Project or at a meeting place as close thereto as possible. Unless unusual conditions exist, members' meetings shall not be held outside of Riverside County. At each annual meeting of the association, directors shall be elected and any other proper business may be transacted. . 7-77 DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 6 3.6 Special meetings. Special meetings of members of the association shall be promptly called by the board upon the vote for such a meeting by a majority of a quorum of the board , or upon receipt by the board of a written request for a special meeting, signed by - owners of at least two (2) of the units. If a special meeting is called by any person or persons other than the board, the request shall be in writing and shall specify the time of the meeting and . the general nature of the business proposed to be transacted and shall be delivered personally or by mail (postage prepaid) to an officer of the board. The officer of the board receiving the request that a special meeting be called shall notify the members in accordance _ with the provisions for notice set forth under Section 3.7 hereinbelow. Nothing herein shall be construed as limiting or affecting the time when a special meeting of members is called by action of the board. 3.7 Notice of meetings. Notice of all meetings of members of the association, whether annual or special, shall be given by the board. This notice shall be given not less than ten (10) nor more than ninety (90) days before the date of the meeting. The notice shall specify the place, day, and hour of the meeting and in the case of a special meeting, the nature of the business to be undertaken. 3.8 Quorum requirements for members' meetings. At all meetings of members of the association a quorum for the transaction of business, through the presence in . person or by proxy of members, shall be established at fifty-one percent (51%) of the total voting . power of the association, which shall be sufficient for the passage of any motion or adoption of any resolution, except as otherwise provided in this declaration or the bylaws. Absent a quorum at a meeting of the members, a majority of those present, in person or by proxy, may adjourn the meeting to another time, but may not transact any other business. An adjournment for lack of a quorum by those in attendance, shall be to a date not less than five (5) nor more than thirty (30) days from the original meeting date. If a time and place for the adjourned meeting is not fixed by those in attendance at the original meeting, or if for any reason a new date is fixed for the adjourned meeting after adjournment, notice of the time and place of the adjourned meeting shall be given to members in the manner prescribed under Section 3.7 above. 3.9 Proxies. At all meetings of members of the association, each member may be present in person or by proxy. All proxies shall be in writing and filed with the secretary of the board. No proxy shall be valid after the expiration of eleven (11) months from the date thereof unless otherwise provided in the proxy, except that the maximum term of any proxy shall be three (3) years from the "elate of execution. Every proxy shall continue in full force and effect until revoked by the person executing it prior to the vote pursuant to the proxy. However, a proxy shall not be deemed revoked by the death or incapacity of the maker of the proxy or the termination of his membership in the association as a result of his DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 7 death or incapacity unless, before the vote is counted , written notice of the death or incapacity of the proxy maker is received by the association. 3.10 Voting rights of members. The association shall have two (2) classes of voting membership: Class A. Class A members shall be all owners of a condominium with the exception of Declarant, and shall be entitled to one (1) vote for each condominium owned . When more than one (1) person holds an interest in any condominium, all such persons shall be members. The vote for such condominium shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any condominium. Fractional votes shall not be permitted and in the event co-owners cannot agree as to how their vote shall be cast, the unit shall lose its vote. Class B. The Class B member(s) shall be the Declarant and shall be entitled to three (3) votes for each condominium owned . The Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earlier: (a) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; or (b) March 31, 1984. 3.11 Cumulative voting. A member entitled to vote at any board election may cumulate his vote and give one candidate a number of votes equal to the number of directors to be elected multiplied by the number of votes to which his unit is entitled , or may distribute his vote on the same principle among as many candidates as he desires. However, a member shall be entitled to cumulate his vote for one (1) or more candidates for the board only if the candidate's name has been placed in nomination prior to the voting and if the member has given notice at the meeting prior to the time of voting of his intention to cumulate votes. If any one (1) member has given such notice, all members may cumulate their votes for candidates in nomination. 3.12 Removal of the board. The entire board or any individual director i may be removed from office by affirmative vote of fifty-one percent (51C) of the voting power of the association. However, unless the entire board is removed from office by .vote of members of the association, no individual board members shall be removed prior to >the expiration of his term of office if the votes cast against his removal would be sufficient to elect the board member if voted cumulatively at an election at which the same total number of votes were cast and the entire number of board members were then being elected. Cumulative voting in the election of the board members shall be prescribed for all elections in which more than two (2) .. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 8 positions on' the board are to be filled , subject only to the procedural requirements for cumulative voting set forth in Section 3. 11 above. 3.13 Regular meetings of the board. Regular meetings of the board shall — be held at least every three (3) months, at a time and place within the Project as fixed by the board from time to time. Notice of the time and place of regular meetings of the board shall be communicated to the board members not less than four (4) days prior to the meeting; provided that, notice of a meeting need not be given to any board member who has signed a waiver of notice or a written consent to the holding of the board meeting. 3.14 Special meetings. Special meetings of the board may be called by written notice signed by the president of the association or by any two (2) members of the board other than the president . The notice shall specify the time and place of the meeting and the nature of the special business to be considered . Notice shall be communicated to the board members not less than seventy-two (72) hours prior to the scheduled time of the special meeting; provided that, notice of the meeting need not be given to any board member who has signed a waiver of notice, or a written consent to the holding of the special meeting. 3.15 Quorum requirements for board meetings. A majority of the number of directors shall constitute a quorum for the transaction of business at a meeting of the board. Every act or decision done or made by a majority of the directors present at a duly held meeting at which quorum is present, shall be regarded as the act of the board. 3.16 Meetings of the board open to all members. Regular and special meetings of the board shall be open to all members of the association, provided that, association members who are not on the board may not participate in any deliberation or discussion, unless expressly so authorized by the vote of a majority of a quorum of the board. The board may, with the approval of a majority of a quorum of its members, adjourn a meeting and reconvene in executive session to discuss and vote on personnel matters, litigation in which the association is or may become involved, and orders of business of a similar nature. The nature of any and all business to be considered in executive session shall first be announced in open session. ii ARTICLE 4 POWERS, RIGHTS, AND DUTIES OF THE ASSOCIATION 4.1 ,Association rules. The association, through its board may adopt, amend, and repeal reasonable rules and regulations relating to the use of the common area by the members and their guests with respect to automobile parking, disposal of waste, control of pets, and other activities which, if not so regulated might, to an unreasonable degree, detract from the appearance of the community or cause inconvenience or danger to person or property. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 9 - I 4.2 Annual budgets and financial statements. The board shall cause � • financial statements for the association to be prepared and copies to be distributed to all members, regardless of the number of members or the amount of assets of the association, as follows: (a) A proforma operating statement (budget) of general common ! expenses for each association fiscal year shall be distributed not less than sixty (60) days before the beginning of the j I , association fiscal year for which the budget is being prepared . (b) A balance sheet as of an accounting date which is the last day of the month closest in time to six (6) months from and after the date of recordation of the deed for the first sale of a unit to an owner (other than Declarant) and an operating ! ' statement for the period from the date of recordation of the j deed for such first sale to such accounting date, shall be distributed within sixty (60) days after the accounting date. j . This operating statement shall include a schedule of assessments received and receivable, identified by the number of the unit and the name of the person assessed. i (c) A balance sheet as of the last day of the association's fiscal year and an operating statement for said fiscal year shall be distributed within ninety (90) days after the close of each fiscal year . j (d) Amount of regular assessments. The total estimated general common expenses shall be divided among, assessed, and charged f to and against the individual owners and their units i (including Declarant with respect to any units owned by Declarant) in proportion to each owner's undivided one fourth (1/4) interest in the common area (as of the date such assessment is made). The estimated initial monthly regular assessment is set forth on Exhibit A hereto. Regular assessments for each succeeding fiscal year may be increased by the board without a vote of the members of the association by an amount which shall not exceed twenty percent (20%) of the regular assessments, together with any increase determined by the board in the current fiscal year in accordance with the provisions of paragraph 4.2(g) hereof, but excluding any - reduction determined by the board for the current fiscal year in accordance with the provisions of paragraph 4.2(h) hereof for the immediately preceding fiscal year. Regular assessments for a fiscal year may be increased by the board by � j an amount which exceeds twenty percent (20%) of the regular ij j assessments for the immediately preceding fiscal year with the vote or written assent of fifty-one percent (51%) or more of each class of members of the association; provided, however, that following the conversion of the Class B membership to Class A membership, the maximum annual assessment may be increased more than twenty percent (20%) above the maximum annual assessment for the previous year by the vote or written i DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 10 assent of (1) a majority of the voting power of the members of the association, and (2) for so long as Declarant holds or directly controls twenty-five percent (25%,) or more of the voting power of members of the association, at least a _ majority of the voting power of members of the association , other than Declarant. The board may fix the annual regular assessment at an amount not in excess of the maximum. (e) Commencement date for regular assessments. Subject to * the provisions of paragraph 4.2(d) above, regular assessments hereunder shall commence to accrue on all units as of the first day of the first month following the month in which the deed to the purchaser of the first unit in the Project is recorded. (f) Assessment roll. An assessment roll shall be accurately maintained and available for inspection at all reasonable times by any owner or his duly authorized representative. Said assessment roll shall indicate for each unit, the name and address of the record owner thereof, all assessments levied against each record owner and his unit and the amount of said assessments paid and unpaid . A certificate executed by the secretary or treasurer of the association stating the indebtedness secured by any lien created hereby on any such unit, shall be conclusive upon the association and the owner of such unit as to the amount of such indebtedness as of the date of such certificate, in favor of all persons who rely thereon in good faith, and such a certificate shall be furnished by the association to any owner or to any first mortgagee under a mortgage encumbering a unit upon written request therefor at a reasonable fee payable to the association. (g) Increase in regular assessment. In the event the board shall determine that the budget for general common expenses adopted by the board in accordance with paragraphs 4.2(a) , 4.2(b) , and 4.2(c) above, is or will be, for any reason (including non-payment when due of any amounts assessed and charged against any owner) , inadequate to meet all of the general common expenses of the Project, the board shall promptly estimate the, amount of such inadequacy and cause to be prepared a "supplemental budget" to be added to the budget for general common expenses. The new total determined by said addition shall then be divided, assessed , and charged to and against the appropriate individual owners and their units, as provided in paragraphs 4.2(d) and 4.2(f) above. Any assessment increased by reason of such "supplemental budget" may, in the discretion of the board be prorated over the remaining months of the association's fiscal year or treated as a special assessment as hereinafter provided. Regular assessments may be increased by the board in accordance with the provisions of this paragraph 4.2(g) without a vote of the DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 11 members of the association in an amount not to exceed twenty percent (20%) of the regular assessment for the current fiscal year. Regular assessments may be increased by the board by an amount which exceeds twenty percent (20%) of the regular assessments for the current fiscal year as provided in paragraph 4.2(d) . (h) Reduction of budget assessment. Each owner hereby agrees that in the event the board shall determine at any time during the fiscal year that the budget for general common expenses adopted by the board in accordance with paragraphs 4.2(a, 4.2(b) , and 4.2(c) above, is or will be in excess of the amounts needed to meet the general common expenses of the Project for such fiscal year, the board shall have the authority, exercisable in its sole discretion, to cause to be prepared an estimate of the amount of such excess, which excess shall then be subtracted from the previously prepared budget for the fiscal year to which such excess is applicable. The reduced total budget shall then be allocated among the appropriate owners and their units as provided in paragraphs 4.2(d) and 4.2(f) above. No owner shall, by reason of such reduction, be entitled to a refund of all or any portion of any assessment previously paid. Each owner hereby agrees that any amount assessed and collected in excess of the amount required to meet the general common expenses shall be applied to reduce the amount assessed to meet the general common expense for the next succeeding fiscal year. Any reduction in the budget for general common expenses, as provided herein, shall not relieve any owner from , his obligation to pay any past due assessment. (i) Mailing. The board shall cause to be mailed or delivered to each owner (including Declarant with respect to any unit owned by Declarant) at the street address of his unit, or at such other address as such owner may from time to time designate to the association in writing, a notice of the amount of the regular assessments as initially determined for each fiscal year or modified pursuant to paragraphs 4.2(g) and 4.2(h) above, within thirty (30) days after such determination or modification. It shall be the obligation of each owner to notify the association in writing of the transfer by him of title to his unit. Until such written notice is received by the association a- notice mailed or delivered in accordance with the provisions of this paragraph 4.2(f) either to the street address of the unit or at such other address as such owner has designated in writing shall be deemed to have been l received by and duly delivered to the owner of the unit. ., (j) Failure to establish regular assessments. If, for any fiscal year, the board shall fail to adopt a budget for general common expenses as provided hereinabove, then the current fiscal year's regular assessments as established by the board, together with any increase determined by the board in the current year, but excluding any reduction determined by the DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 12 board for the current year, shall be automatically assessed against each owner and his unit in proportion to said owner's undivided one fourth (1/4) interest in the common area as provided in paragraphs 4.2(d) and 4.2(f) above; and installment payments (as hereinafter provided) on account of such regular assessments shall be payable on the regular payment dates established by the board until such regular assessments are modified by adoption of a supplmental budget in the manner provided in paragraphs 4.2(g) and 4.2(h) above. - (k) Installment payment . Subject to the provisions of paragraph 4.2(e) above relating to the commencement date for regular assessments, regular assessments charged and assessed to each owner shall commence with the date on which he becomes a record owner and be .prorated to the first day of the month following close of escrow and shall be due and payable in advance in equal monthly installments on the first day of each month thereafter or at such times and dates or in such other manner as may be established from time to time by the board. (1) Delinquent assessments. If any payment on account of any regular assessment or special assessment (as hereinafter provided) assessed to any owner is not paid within fifteen (15) days after the same becomes due, such owner shall be required to pay the amount of each such assessment plus interest at the rate of eighteen percent (18%) per annum on _ the unpaid portion of each such assessment, which interest shall accrue from the due date of each such assessment, plus any other costs, including attorney's fees, incurred by the association in collecting each such assessment payment. (m) Liability for assessments. Each installment payment of any regular assessment and each lump sum or installment payment of any special assessment, together with any charge for any delinquent payment as provided by paragraph 4-.2(l) above, shall be a separate and personal debt of the owner (at the time made) against whom the same has been assessed, and the collection of each and all of such debts may be enforced as provided in Article 6 hereof. Any person who acquires title to a unit (whether at a judicial or trustee's sale) shall be personally liable only for assessment installments attributable to the unit so purchased which become due and payable after the date of such acquisition; provided however that, the foregoing shall not in any way limit the enforcement of any lien pursuant to Section 4.3 hereinafter. { ' (n) Special assessments. Special assessments may only be levied . on or after the first day of the first month following the month in which the deed to the purchaser of the first unit in the Project is recorded in the following circumstances: DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS— HOMEOWNERS ASSOCIATION, INC. Page 13 (1) Insurance proceeds unavailable. In the event, for any reason, condemnation proceeds or the proceeds of insurance obtained by the association or carried by any owner in lieu thereof, are paid to any first mortgagee, and by reason of such payment, said condemnation or insurance proceeds are not made available to the association as trustee or otherwise to effect any repair, reconstruction, or restoration of any damage or destruction to all or any portion of the Project, as provided hereinafter, then the amount of such proceeds not made available shall be assessed and charged solely to and against each affected owner and his unit as a special assessment. Said special assessment shall be made by the board and shall be recorded on the assessment roll, notice thereof shall be mailed or delivered to such owner and said special assessment shall thereafter be due as a separate debt and payable in full to the association as trustee within ninety (90) days following the mailing or delivery of such notice. (2) Act increasing insurance premiums. In the event any act or omission of any owner, any member of his family, guests, servants, employees, tenants, agents, licensees, or invitees, shall increase the premiums for any insurance policy purchased or obtained by the association for the benefit of the Project and the residents thereof, the amount of said increase shall be assessed and charged solely to and against such owner and his unit as a special assessment. Said special assessment shall be, made .by the board and shall be recorded on the assessment roll, notice thereof shall be mailed or delivered to said owner and said special assessment shall thereafter be due and payable as a separate debt and payable in full to the association at least ten (10) days in advance of the date or dates for the payment of such increased insurance premiums. (3) Other special assessments. In addition to the special assessments hereinabove authorized by this paragraph 4.2(n) , special assessments may also be assessed under Sections 4.5 and 4.6. In the event of a special assessment pursuant to any one of these sections mentioned in the immediately preceding sentence, said special assessment shall be made by the board and shall be recorded on the assessment roll, notice thereof shall be mailed or delivered to the appropriate owner or owners and any such special assessment shall thereafter be due .� as a separate debt and payable in full to the association within thirty (30) days from the mailing or delivery of such notice or within such extended period of time as the board shall uniformly determine shall be applicable to any such assessment. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 14 (o) Limitations without approval of owners. Any special assessment made in accordance with this declaration shall be the separate debt of each owner against whom the same is specially assessed and shall bear interest upon any unpaid portion thereof in accordance with the provisions of Section 4.2 above. The collection of any special assessment may be enforced in accordance with the provisions of Section 4.3 hereinafter. Except where the special assessment is a remedy utilized by the board to reimburse the association for costs incurred in bringing an owner or his unit not in compliance with the provisions of this declaration or the bylaws, any special assessments authorized herein for a single fiscal year shall be limited in the aggregate to five percent (5%) of the budgeted gross expenses of the association for that fiscal year unless a larger amount is approved by the vote or written consent of owners holding a majority of the voting power of the association. (p) Deposit; bank account. All sums received or collected by the association from assessments, together with any interest attributable thereto, shall be promptly deposited in a checking or savings account, or both, in a bank or savings and loan association located within the County of Riverside and selected by the . board, which accounts shall be clearly designated "Palm Desert Gardens-1 Homeowners Association, Inc. Fund Account ." The board and such officers of the association as the board shall designate, shall have exclusive control of said accounts and shall be responsible to the owners for the maintenance at all times of accurate records thereof. Any monies assessed which are reserves for long-term capital repair or replacement shall 'be placed in a separate account from normal sums collected as working capital . 4.3 Liens; enforcement. (a) Enforcement by lien. In accordance with the provisions of Section 1356 of the California Civil Code, the amount of any delinquent regular or special assessment which is assessed in accordance with this Section 4.2 hereinabove, together with any interest and/or costs (including attorney's fees) attributable thereto or incurred in the collection thereof shall be and the same is hereby declared and agreed to be a lien only on the unit of the owner so assessed when the association causes to be recorded in the Office of the County Recorder of Riverside County, a Notice of Assessment executed ' I by an authorized representative of the association, setting forth the matters required by said Section 1356; provided that no such Notice of Assessment shall be recorded until the association or a person designated by the association shall have first mailed to the owner of the unit against which such t' assessment was assessed at the street address of said owner's unit, or such other place as said owner may designate in writing, a Notice of Default in the form prescribed by Section 2924C of the California Civil Code, together with a DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 15 demand on such owner to pay any such delinquent assessment and any interest charges attributable thereto. If the association has not received full payment of all such delinquent assessments and any interest charges attributable thereto within fifteen (15) days from the mailing of said Notice of = Default, the association shall promptly cause said Notice of Assessment to be recorded as provided above. Within thirty (30) days after the recordation of said Notice of Assessment, the association shall cause the above-mentioned Notice of Default to be recorded in the Office of the County Recorder of Riverside County and thereafter cause the unit of the defaulting owner to be sold in the manner provided in Section 2924 et.seq. of the California Civil Code as said sections may be amended from time to time, or in any other manner permitted by law. Any such sale shall be held as promptly as possible. The association or its designee, shall have the power to bid on the unit of the defaulting owner at such foreclosure sale and thereafter to hold, lease, rent, mortgage, and convey the same. Upon payment (prior to such foreclosure) of any delinquent assessment, together with interest, costs, and charges attributable thereto, or other satisfaction thereof, with respect to which a Notice of Assessment has been recorded , the association shall promptly cause to be recorded a further notice stating the satisfaction and release of the lien thereof. The lien created as provided herein shall be prior to all other liens recorded subsequent to the recordation of said Notice of Assessment, and unless sooner satisfied and released or the enforcement thereof initiated as herein provided, such lien shall expire and be of no further force or effect one year from the date of recordation of said Notice of Assessment; provided that said one year period may be extended by the association for not to exceed one additional year by recording in the Office of the County Recorder of Riverside County, a written extension of said Notice of Assessment. (b) Enforcement by suit. Delinquent regular and special assessments may be enforced by commencement and maintenance of a suit at law against an owner or former owner to enforce such assessments, such suit to be maintained in the name of the association. Any judgment rendered in any such action shall include the amount of the delinquency, court costs, and reasonable attorney's fees, in such amount' as the court may �i adjudge against the delinquent owner. (c) Priority of assessment lien. Any lien created or claimed under the provisions of this declaration, is expressly made subject and subordinate to the rights of the beneficiary of any first deed of trust or first mortgage on any unit made in good faith and for value and such lien shall in no way defeat, invalidate, or impair the obligation or priority of such first DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 16 deed of trust or first mortgage, unless the beneficiary thereof shall expressly subordinate his interest in writing to such lien. Each holder of a first mortgage lien on a unit who comes into possession of the unit by virtue of foreclosure, or any purchaser at a foreclosure sale of a first trust (feed or first mortgage, shall take the unit free of any claim for unpaid assessments and charges against the unit which accrue prior to the time the holder comes into possession of the unit. No transfer of the unit as a result of foreclosure or exercise of a power of sale shall relieve the new owner, whether it be the former beneficiary of the first trust deed or first mortgage, or another person, from liability for any assessments thereafter becoming due or from the lien thereof. (d) Waiver of homestead. Each unit owner does hereby waive to the fullest extent permitted by law, with respect only to assessment liens created pursuant to this Section 4.3, the benefit of any homestead or exemption or redemption laws of the State of California in effect at the time any payment of any assessment, whether regular or special, becomes delinquent as herein provided and such owner shall be deemed to be estopped to raise said homestead or other exemption or redemption in any action or proceeding to enforce or foreclose such assessment liens. 4.4 Insurance. The association shall have the duty to acquire and pay for liability insurance, insuring the association and the owners and occupants of the units and their respective family members, guests, invitees, and the agents and employees of each, against liability incident to the ownership or use of the common area including, if obtainable at reasonable cost, a cross-liability or severability of interest endorsement, insuring each insured against liability to each other insured. The limits of such insurance shall not be less than One Million Dollars ($1,000,000) covering all claims for death, personal injury, and property damage arising out of a single occurrence. Such insurance may include coverage against water damage liability, liability for property of others, and any other liability or risk customarily covered with respect to projects similar in construction, location, and use. The association shall also purchase and maintain in force a master policy of fire and. extended coverage insurance in an amount equal to one hundred percent (100%) of the full replacement cost of the entire condominium project. The policy may contain an agreed amount endorsement or a contingent liability from operation of building laws endorsement or their equivalent; an extended coverage endorsement, vandalism, malicious mischief coverage, a special form endorsement, and a determinable cash adjustment covering the full value of the improvements based on replacement cost in the case of partial destruction and a decision not to rebuild . DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS-'. HOMEOWNERS ASSOCIATION, INC. Page 17 All insurance proceeds payable under the foregoing paragraphs may be paid to a trustee to be held and expended for the benefit of the owners, mortgagees, and others, as their respective interests shall appear. The trustee may be a commercial bank in Riverside County which agrees in writing to accept the trust. If repair or reconstruction is authorized, the board shall have the duty of contract for such work as provided for hereinafter. The board may and if required by any institutional first mortgagee shall, purchase and maintain demolition insurance in adequate amounts to cover demolition in the case of partial or total destruction and a decision not to rebuild and a blanket policy of flood insurance. The board may also purchase and maintain fidelity bonds or insurance covering individuals handling association funds which shall be in an amount equal to one hundred fifty percent (150/) of the association's annual common expense plus reserves which names the association as obligee and insures against loss by reason of the acts of members of the board, officers, and employees, whether or not such persons are compensated for their services. The board shall also purchase and maintain such insurance on personal property owned by the association and any other insurance that it deems necessary or that is required by an institutional first mortgagee. It shall be the duty of the board to annually review all insurance policies for adequacy of coverage. Further, all policies of hazard insurance shall contain or have attached the standard mortgagee clause commonly accepted by institutional mortgagees. The clause shall provide that the insurance carrier shall notify the board or institutional mortgagee named, at least ten (10) days in advance of the effective date of any cancellation of the policy or policies. The board is appointed attorney-in-fact by each owner to negotiate and agree on the value and extent of any loss under any policy carried pursuant to the foregoing paragraphs. The board is granted full right and authority to compromise any claim or enforce any claim by legal action or otherwise and to execute releases in favor of any insurer. Nothing herein contained shall be construed to prejudice the right of any owner to obtain, at his own expense, additional casualty, liability, and/or property damage insurance to protect his own interests, provided however that, all such additional insurance shall contain a waiver of subrogation clause and further provided that, the board shall have the right and may, in its discretion, i require such owner to deliver to the board a true and correct copy of any additional insurance policy purchased by such owner. .,All costs and expenses incurred by the association to collect or recover the proceeds of any insurance policy purchased by the association, as provided herein, (including but not limited to any and all fees of attorneys, appraisers, and adjusters) shall, in accordance with the provisions of this subparagraph 4.2(n) (3) hereinabove, be specially assessed to each owner in proportion to his undivided fractional interest in the common area. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 18 4.5 Architectural' control authority of association. No additions, alterations, repairs, or restorations to the exterior or structural Portions of any unit nor changes in or additions of fences, patio covers, lighting structures, carports, garages, awnings, walls, exterior paint or decor, or other matter visible from the exterior — of a unit shall be commenced, applied, constructed, erected, or maintained by any person, other than Declarant (through its officers, agents, or employees) until the plans and specifications showing the nature, kind, shape, height, materials, color, location, and approximate cost of same shall have been submitted to and approved in writing as to conformity and harmony of external color, design, and location with existing structures in the Project by the board. If (a) the board fails to approve or disapprove such design and location within thirty (30) days after the plans and specifications have been submitted to it, or (b) no plans and specifications have been submitted to it, and no suit relating to or arising out of the making of such additions , alterations, or changes has been commenced prior to one hundred eighty (180) days after the completion thereof, such approval wi1L not be required and this paragraph will be deemed to have been fully complied with as to such particular item. 4.6 Dispute, hearings, and arbitration. Recognizing the need for a reasonable means of encouraging and insisting upon compliance with the provisions of this declaration, the board is authorized to impose monetary penalties, temporary suspension of a member's rights as a member of the association or other appropriate discipline; provided that the following procedures with respect to notice and hearing are complied with: (a) The accused member is provided with fifteen (15) days prior notice of the expulsion, suspension, imposition of monetary penalties or other appropriate discipline and the reasons therefor; and (b) An opportunity is afforded the accused member to be heard (orally or in writing) before the board not less than five (5) days before the effective date of the expulsion, suspension, imposition of monetary penalties or other appropriate discipline. The notice required may be given by any method reasonably calculated to provide actual notice. Any notice given by mail must be given by first-class or registered mail, postage prepaid, sent to the last address of the member shown j on the books of the association. i' Any such disciplinary action brought by the board and any dispute . -or question among or between any owners involving any action, omission, interpretation, application, or enforcement of any of the provisions of this declaration shall be submitted by the persons concerned in writing to the board, or its designee, who shall consider and weigh such written and oral statements as may be DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS-' HOME01.'NERS ASSOCIATION, INC . Page 19 offered and hold any hearing as set forth above, and shall promptly thereafter (orally or in writing, but in all events within no more than ten (10) days) decide any such dispute or question. Any such decision by the board or its designee shall be binding =' upon all owners and persons concerned , provided that any dispute or objection raised in connection with (a) any special assessment (except a special assessment levied by reason of the authority set forth in subparagraph 4.2(n) (3) hereof, or for violation of the provisions set forth under Use Restrictions hereinafter; (b) the provisions set forth under Damage or Destruction; or (c) the provisions set forth under Condemnation, shall be referred to arbitration in accordance with the then prevailing rules of the American Arbitration Association and in the event of any such arbitration, notice shall be given to the members of the board and all other owners and persons concerned as promptly as possible after the reference to arbitration is made, giving all such owners and persons an opportunity to appear in such arbitration proceedings. The decision of the arbitrator in any such matter shall be final and conclusive on all owners, concerned persons, and the association. Any monetary penalty imposed pursuant to this Section 4.6 shall not exceed: (a) Ten Dollars ($10) for any one violation; or (b) Two Hundred Dollars ($200) per owner in any one calendar year. Any monetary penalty imposed on an owner as herein provided, shall be specially assessed against such owner in accordance with the provisions of subparagraph 4.2(n) (3) hereof and shall not be subject to the limit of paragraph 4. 2(o) . In the event of any decision, order, judgment, or decree, whether made, entered , or issued in arbitration as provided herein, or by a court of law, against the association which includes a monetary award , including an award for costs and/or attorney's fees, the amount of such award shall be specially assessed to the owners (excluding any owner against whom no such cost of fees were awarded) in accordance with subparagraph 4.2(n) (3) hereof. 4.7 Association's right of entry. There is reserved to the association an easement in gross over all of the units and easements of entry and of access for the performance generally of its rights and duties, as provided in this declaration. The association, through its duly authorized officers, agents, or employees, shall have the right, after reasonable notice to the owner, to enter upon any unit at reasonable hours. ARTICLE 5 MAINTENANCE AND REPAIRS 5.1 General. Notwithstanding the existence of any insurance covering an owner, the association, or both, against loss, damage, and destruction, the association and each owner shall have the affirmative obligation for maintenance, repair, and restoration as set forth in this Article 5. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 20 5.2 Maintenance of common areas. The association shall maintain the common areas in good condition and repair. 5.3 Maintenance obligations. The Association shall maintain the exteriors of the buildings in good condition and repair, including roofs, gutters, downspouts, exterior building surfaces, walls, and all other exterior improvements of the buildings. Each owner shall maintain in good condition and repair, at his cost and expense, the unit doors, windows, and interior of his unit, including, without limitation, heating equipment, air conditioning equipment, water heaters, utility outlets, garage and carport, and the front and rear yards which constitute part of his unit. If any owner fails to so maintain his unit or make repairs thereto in a manner as may be deemed necessary in the judgment of the board to preserve and protect the attractive appearance and value of the Project as a whole, the board, after compliance with the notice and hearing provisions set forth in Section 4.6 hereinabove, stating with particularity in the notice to the owner the work of maintenance and/or repair which the board finds to be required, shall cause the work to be done and shall assess the costs thereof to the owner. Thereafter, such costs shall constitute a separate debt of the owner and shall be payable in full to the association within thirty (30) days from the mailing or delivery of the statement of costs due, or within such extended period of time as the board shall uniformly determine, as set forth under subparagraph 4.2(n) (3) hereof. 5.4 Taxes. Each owner shall pay any real and personal property taxes separately assessed against his unit and all utility charges separately metered or charged against his unit, and such payments shall be made by each owner in addition to and separately from assessments otherwise payable to the association by the owner. ARTICLE 6' USE RESTRICTIONS 6.1 One use, business usage prohibited. Each living unit shall be improved, used, and occupied for private, single family dwelling purposes only, and no portion thereof nor the common area shall be used for any commercial purpose whatsoever; provided, however, Declarant may use any of the living units owned or leased by Declarant as model homes and sales offices during that period of time commencing when the condominiums are first sold or offered for sale to the public and ending when all the condominiums in all four (4) phases of the Project are sold and conveyed by Declarant to separate owners thereof, or four (4) years from the date of sale of the first condominium in the Project, whichever shall first occur. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 21 Each owner shall have the right to lease his condominium provided that such lease is in writing, provides that the tenant shall be bound by and obligated to the provisions of this declaration, the bylaws, and the rules and regulations of the board, and provides that the failure of the tenant to do so shall constitute a default under the lease; and, provided further, that with the exception of a lender in possession of a condominium following a default on a first , mortgage, a foreclosure proceeding or any deed or other arrangement in lieu of foreclosure, no such lease shall be for transient or hotel purposes. Any such lease which is either for a period of less than thirty (30) days or pursuant to which the lessor provides any services normally associated with a hotel, shall be deemed to be for transient or hotel purposes. No owner may lease less than his entire condominium. 6.2 Pets. No animals, livestock, reptiles, or poultry shall be kept in any unit, except that usual and ordinary domestic dogs, cats, fish, and birds (in inside bird cages) may be kept as household pets; provided that such pets are not kept, bred, or raised for commercial purposes. The association shall have the right to prohibit the maintenance of any pet which constitutes, in the opinion of the board, a nuisance to any other owner, after compliance with the notice and hearing provisions set forth under Section 4.6 hereof. Animals belonging to owners, occupants or their licensees, tenants, or invitees within the Project, must be kept either within the unit or on a leash being held by a person capable of controlling the pet. If any pet belonging to an owner is found unattended outside of the unit or not being held on a_ leash by a person capable of controlling the animal, the pet may be removed by the local animal control authorities to a pound under the jurisdiction of the City of Palm Desert or County of Riverside and subject to the laws and rules governing the same; or to a comparable animal shelter. However, if the owner of such pet can be readily identified , a reasonable attempt must be made to notify the owner prior to the pet being removed to a pound or comparable animal shelter. Any owner shall be liable to each and all remaining owners, their families, guests, and invitees for any unreasonable noise or damage to person or property caused by any pets brought or kept within the Project by an owner or by members of his family, guests, or tenants. It shall be the responsibility and duty of each owner to clean up after his pet which has used any portion of the common area. 6.3 Children. Each owner shall be accountable to the remaining owners for the conduct and behavior of children residing in or visiting in his unit. 6.4 Signs. No owner, tenant, or other occupant of the Project shall post any advertisement, signs, flags, banners, or posters of any kind for public display, except that with the prior written ■ approval of the board, as to size, type, color, style, and location, a sign of customary and reasonable dimension may be posted to advertise a unit for sale or lease. However, this restriction shall neither apply to nor limit the right of Declarant DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 22 E to display or have displayed signs, posters, banners, flags, and similar items advertising the sale or lease of the Project or units i therein, provided that Declarant, in exercising its rights under this paragraph, shall not unreasonably interfere with any owner's use and enjoyment of his unit or the common area, and provided further that, such use by Declarant shall terminate no later than '. three (3) years after sale of the last unit in the Project by Declarant. 6.5 No unreasonable obstruction. No unit or other part of the Project shall be used in such manner as to unreasonably obstruct or interfere with the enjoyment of other residents or annoy them by ., unreasonable noises or otherwise; and no nuisance, illegal, or noxious activity or waste shall be committed or permitted to occur within the Project. 6.6 No unauthorized installations. No owner, resident, or lessee shall install wiring for electrical or telephone installations, E " television antennae, machines, or air conditioning units on the i'- exterior of the units of the Project, or wiring that protrudes through the walls or the roof of the buildings, except as authorized in writing by the board. Further, no owner shall do or permit or suffer anything to be done or kept on or within his unit which will result in any increase of the association's insurance premiums or cancellation of insurance on any part of the Project, IJ or which would be in violation of any law or which will or may have a tendency to decrease the attractiveness or value of the other units or the common area. No owner shall cause or permit anything to be placed on the outside walls of his unit and no sign, awning, �. canopy, window air conditioning unit, shutter, or other fixture shall be affixed to or placed upon the exterior walls or roof of any building or any part thereof, without the prior written consent of the board. f 6.7 No oil drilling or mining operations. The use of any portion of the surface of the property for drilling operations, mining, or j quarrying of any kind, including but not limited to, oil well drilling, oil development, or mining operations of any kind, is hereby and shall be prohibited . 6.8 Persons subject to declaration and bylaws. All present and future owners, tenants, and occupants of units within the Project shall be ! subject to and shall comply with each and all of the provisions of this declaration, the bylaws, and such reasonable rules and regulations as may from time to time be adopted by the board. The 'i acceptance of a deed to any unit, the entering into a lease or sublease of any unit or the entering into occupancy of any unit, shall constitute an agreement that each and all of the provisions of -this declaration, the bylaws, and such reasonable rules and regulations as may from time to time be adopted by the board, as the same, or any of them, may be amended from time to time, are accepted and ratified by such owner, tenant, or occupant. i I DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS—, HOMEOWNERS ASSOCIATION, INC. Page 23 6.9 No restrictions. No owner shall execute or file of record any instrument which imposes a restriction on the sale, lease, or occupancy of his unit on the basis of race, color, religion, sex, marital status, physical disability, national origin, or ancestry. ARTICLE 7 GENERAL PROVISIONS 7.1 Continuing liability for assessments. No owner may exempt himself from liability for his specified contribution to the common expense fund by waiver of the use or enjoyment of the common area or by abandonment of his unit. 7.2 Books and records of the association. The membership register, books of account, minutes of meetings of members of the board and of the association, shall be made available for inspection and copying by any member or by his duly appointed representative at any reasonable time and for a purpose reasonably related to his interest as a member of the association. The board shall establish reasonable rules with respect to notice to be given the custodian of the records by the member desiring to make the inspection, hour(s) and day(s) of the week when such inspection may be made, and the payment of costs for reproducing documents required by the member. Every director shall have the absolute right, at any reasonable time, to inspect the books, records, and documents of the association and the physical properties owned or controlled by the association. The right of inspection by a director includes the right to make extracts and copies of documents. 7.3 Liberal interpretation of declaration. The provisions of this declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation of the Project for the mutual benefit of all owners. 7.4 Severability of provisions. The provisions herein shall be deemed independent and severable and the invalidity or partial invalidity or unenforceability of any of the provisions of this declaration shall not affect the validity of the remaining provisions. 7.5 Cumulative remedies. Each and all legal or equitable remedies provided for herein shall be deemed to be cumulative whether so expressly provided for or not. 7.6 Successors and assigns. This declaration shall be binding on and i � shall inure to the benefit of the heirs, personal representatives, ;! successors, and assigns of declarant and the heirs, personal representatives, grantees, lessees, and assignees of the owners. 7.7 Waiver of breach of declaration. No waiver of any breach of any of the covenants, conditions, or restrictions herein contained shall constitute a waiver of any succeeding or preceding breach of the same, or any other covenant or condition contained in this declaration. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 24 7.8 Joint and several liability. In the case of joint ownership of a unit, the liability of each of the owners thereof in connection with the liabilities and obligations of owners as set forth in or imposed by this declaration, shall be joint and several. 7.9 Notice of sale of condominium. Concurrently with the consummation of the sale of any unit in the Project under circumstances whereby the transferee becomes an owner thereof, or within five , (5) business days thereafter, the transferee shall notify the board in writing of the sale. The notice shall state the name of the transferee and his transferor, the street address and unit number of the condominium purchased by the transferee, the transferee's mailing address, and the date of sale. 7.10 Enforcement. The association, Declarant, or any owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by this declaration, the bylaws, or decisions of the association which are made pursuant to authority granted the association in any of such documents. These rights shall apply as well to actions by unit owners against the association. 7. 11 Sales office. Declarant reserves the right to maintain a sales and/or management office, or model units in any unit still owned by the Declarant until all units in the condominium are sold. ARTICLE 8 - - UTILITIES 8.1 Utility rights. The rights and duties of the owners with respect to lines for sanitary sewer, water, gas, electricity, telephone cables, and air conditioning shall be governed by the following: (a) Wherever sanitary sewer house connections and lines of electricity, gas, telephone, air conditioning, or television cables are installed within the property which connections or any portion thereof lie in or on portions of property owned by others than the unit owner of a unit served by the connections, the unit owner of any unit served by the connections shall have the right and is hereby granted an -- easement to the full extent necessary therefor, to enter upon such portion of the property or to have the utility companies enter thereon, to repair, replace, and generally maintain the connections, as and when it shall be necessary. i . (b) Wherever sanitary sewer house connections and lines, facilities, and/or water house connections and lines or gas, electricity, telephone, air conditioning, or television cables are installed within the property, which connections serve more than one unit, the owners of each unit served by the connections shall be entitled to the full use and enjoyment of such portions of the connections as serve their units. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 25 (c) In the event any portion of the connections or lines are damaged or destroyed through the negligent act or acts or failure to act, or willful misconduct of one unit owner or any of his agents, invitees, tenants, guests, or members of his family, so as to deprive other unit owners of the full use and enjoyment of the connections or lines, then the connections or lines shall be repaired and restored by the association but at the expense of the unit owner who commits or whose agents, guests, or family members commit, such act or acts. (d) In the event any portion of the connections or lines are damaged or destroyed by some cause other than the negligence or willful misconduct of one of the unit owners, his family members, guests, agents, tenants, or invitees, including ordinary wear and tear and deterioration from lapse of time, then in that event, the connections or lines shall be repaired and restored by the association, such repair and restoration to be paid out of assessments levied in accordance with this declaration. (e) In the event of a dispute between owners with regard to the . repair or restoration of the connections or lines, or with respect to sharing of the costs thereof, then on written request of one of such owners addressed to the association, the matter shall be submitted to the board or its designee for a final and binding decision. 8.2 Easements. Easements through the units and the common area for all facilities for the furnishing of 'utility services, television cable service, heating, and air conditioning lines within any unit, which facilities shall include but not be limited to conduits, ducts, plumbing, and wiring, shall be appurtenant to each unit and all other units and the common area shall be subject thereto; provided that easements for such facilities shall at all times be and remain substantially in accordance with the initial construction of the Project or the Project as reconstructed after damage or destruction pursuant to the terms of this declaration. ARTICLE 9 DAMAGE AND DESTRUCTION 9 .1 Destruction. If there is a total or partial destruction of the improvements in the Project and if the available proceeds of insurance carried by the association are sufficient to cover not less than eighty-five percent (85%) of the costs of repair and reconstruction, the improvements shall be promptly rebuilt, unless within forty-five (45) days from the date of destruction seventy-five percent (75%) or more of the owners present and entitled to vote in person or by proxy at a duly constituted meeting, determine that such reconstruction shall not take place. _ If reconstruction is to take place, the board shall be required to execute, acknowledge, and record , not later than one hundred twenty (120) days from the date of destruction, a certificate declaring the intention of the members to rebuild. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC . Page 26 If the proceeds of insurance are less than eighty-five percent (85%) of the costs of repair and reconstruction, repair and reconstruction may, nevertheless take place, if within forty-five (45) days from the date of destruction, members then holding at - least fifty-one percent (51%) of the votes of owners present and entitled to vote in person or by proxy at a duly constituted meeting, determine that repair and reconstruction shall take place. If repair and reconstruction is to take place, the board shall execute, acknowledge, and record , not later than one hundred twenty (120) days from the date of destruction, a certificate declaring the intention of the members to rebuild. 9.2 Rebuilding procedures. If the members determine to rebuild pursuant to Section 9. 1 above, each affected owner shall be obligated to contribute his proportionate share of the costs of reconstruction or restoration over and above the available proceeds of insurance. The proportionate share of each owner shall be levied on the basis of the ratio of square footage of the floor area of a unit to be assessed to the total square footage of the floor area of all units to be assessed . If any owner fails or refuses to pay his proportionate share the board may levy a special assessment against his unit in accordance with the provisions of subparagraph 4.2(n) (1) hereof, or any other manner provided in this declaration. If any owner disputes the amount of his proportionate share, the owner may contest the amount of his liability in accordance with the provisions of Section 4.6 hereof. 9.3 Rebuilding contract. If -the -members determine to rebuild, the board or its authorized representatives shall obtain bids from at least three (3) reputable contractors and shall award the repair; and reconstruction work to the lowest responsible bidder. The ' board shall have authority to enter into a written agreement with the contractor for repair and restoration and the insurance proceeds shall be disbursed to the contractor in accordance with the terms of the agreement. It shall be the obligation of the board to take all steps necessary to assure the commencement and completion of authorized repair and reconstruction at the earliest possible time . 9 .4 Rebuilding not authorized. Subject to the rights of first mortgagees, any insurance proceeds available for rebuilding, shall be distributed among the affected owners and their individual first mortgagees by the board, as their respective interests may appear, i� according to the respective fair market values of the units at the time of the destruction, as determined by an M.A.I. appraiser to be retained by the board. The board shall have the duty within one 'hundred twenty (120) days from the date of destruction to execute, acknowledge, and record a certificate declaring the intention of the members not to rebuild. I DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 27 9.5 Revival of right to partition. Upon recordation of a certificate as described in Section 9.4 above, the right of any owner to partition through legal action as described in Article 10 hereinafter, shall revive immediately. 9 .6 Condemnation. (a) Sale by consent. If an action for condemnation of all or a portion of the Project is proposed or threatened by any governmental agency than having the right of eminent domain, then upon written consent of seventy-five percent (75%) of the owners and after written notice to all first mortgagees, the Project or a portion thereof may be sold by the board acting as irrevocable attorney-in-fact of all the owners, for a price deemed fair and equitable by the board but in no event less than the aggregate unpaid balance of all mortgages encumbering the units in the Project. (b) Distribution of proceeds of sale. On a sale occurring under paragraph 9.4(a) above, the proceeds shall be distributed to the owners and the mortgagees of each affected unit according to the fair market value of each unit in relation to the fair market value of all affected units, as determined by an M.A.I. appraiser to be retained by the board. (c) Distribution of condemnation award. A condemnation award affecting all or a part of the Project which is not apportioned among the owners by court judgment or by agreement between the condemning authority and each of the affected owners in the Project, shall be distributed among the affected owners and their respective mortgagees according to the relative values of the units affected by the condemnation as determined by an M.A.I. appraiser to be retained by the board. (d) Revival of right to partition. On sale or on a taking that renders more than fifty percent (50%) of the units in the Project uninhabitable, the right of any owner to partition through legal action, shall revive immediately. - ARTICLE 10 PARTITION 10. 1 Suspension. The right of partition is suspended pursuant to California Civil Code Section 1354 as to the Project. Partition of the Project can be had on a showing that the conditions for partition as stated under Article 9 hereinabove have been met. Nothing in this declaration shall prevent partition or the ,subdivision of interest between joint or common owners of any unit. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 28 10.2 Distribution 'of proceeds. Proceeds or property resulting from a partition shall be distributed to and among the respective owners and their mortgagees as their interests appear, according to the fair market value of each affected unit in relation to the fair market value of all affected units, as determined by an M.A.I. appraiser to be retained by the board. 10.3 Power of attorney. Pursuant to California Civil Code Section 1355(b) (9) , each of the owners hereby grants the association an irrevocable power of attorney to sell the Project for the benefit of the owners when partition can be had. Exercise of the power is subject to approval of the members and their institutional first mortgagees . ARTICLE 11 NON-SEVERABILITY OF COMPONENT INTERESTS IN A CONDOMINIUM 11.1 Prohibition against severance. An owner shall not be entitled to sever his unit from his membership in the association and shall not be entitled to sever his unit and his membership from his undivided interest in the common area for any purpose. None of the component interests in a unit can be severally sold, conveyed, hypothecated, encumbered, or otherwise dealt with and any violation or attempted violation of this provision shall be void. Similarly, no owner can sever any exclusive easement appurtenant to his unit over the common area from his unit and any attempt to do so shall be void. The suspension of such right of severability shall not extend beyond the period set forth in Article 10 above regarding the right of partition. It is intended hereby to restrict severability pursuant to California Civil Code Section 1355(g) . 11.2 Conveyances. After the initial sale of the units, any conveyance of a unit by an owner shall be presumed to convey the entire unit and any undivided fractional interest. However, nothing contained herein shall preclude the owner of any unit from creating a co-tenancy or joint tenancy in the ownership of the unit with any other person or persons. ARTICLE 12II TERM OF DECLARATION -This declaration shall run with the land and shall continue in full force and effect for a term of fifty (50) years from the date of recordation hereof, after which time, the same shall be automatically extended for I/ successive periods of ten (10) years each, unless, within six (6) months prior to the expiration of: (a) the initial fifty (50) year term; or (b) any ten- (10) year extension period, a written agreement signed by at least seventy-five percent (75%) of the owners otherwise entitled to vote, shall be placed of record in the Office of the County Recorder of Riverside County, terminating the effectiveness of this declaration. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 29 ARTICLE 13 PROTECTION OF LENDERS 13.1 Written notice to first mortgagees. Upon written request fo the association, stating the name and address of the holder or insurer of a first mortgage and the unit number,-such holder or insurer is entitled to written notice from the board of any default in the performance of an individual unit mortgagor of any obligation under this declaration or the bylaws which is not cured within thirty (30) days. . It shall be the responsibility of each owner of a unit to notify the association within thirty (30) days of the close of his escrow, of. the name and address of the holder of his first mortgage. Such holder or insurer of a first mortgage is entitled to and shall be given timely written notice of : (a) Any proposed amendment of the condominium instruments effecting a change in (i) the boundaries of any unit, (ii) the undivided interest in the common elements appertaining to any unit or the liability for common expenses appertaining thereto, (iii) the number of votes in the association pertaining to any unit, or (iv) the purposes to which any unit or the common elements are restricted; (b) Any proposed termination of the condominium regime; (c) Any significant damage or destruction to the common elements. 13.2 No right of first refusal. The right of a unit owner to sell, transfer, or otherwise convey his or her unit shall not be subject to any right of first refusal or similar restriction. A unit owner may transfer his or her unit free of any such restrictions. 13.3 Subordination of assessment lien to wort a es. Each holder of a first mortgage lien on a unit who comes into possession of the unit by virtue of foreclosure of the mortgage or any purchaser at a foreclosure sale of a first mortgage, shall take the unit free of any claims for unpaid assessments and charges against the unit which accrue prior to the time such holder comes into possession of the mortgaged unit. The lien assessments provided for herein shall be subordinate to the lien of any first mortgage or first deed of trust now or hereafter placed on the properties subject to assessments; provided that, such subordination shall apply only to assessments which have become due prior to a sale or transfer of such property pursuant to a decree of foreclosure or trustee's sale . Such transfer or sale shall not relieve the property from %) liability for any assessments thereafter becoming due nor from the lien of any such subsequent assessments. 13.4 Leasing. Any lease agreement between a unit owner and a lessee shall provide that the terms of the lease shall be subject, in all respects, to the provisions of this declaration and the bylaws and that any failure by a lessee to comply with the terms of said documents, shall be a default under the lease. All leases shall be required to be in writing. No unit owner shall be permitted to DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS HOMEOWNERS ASSOCIATION, INC. Page 30 lease less than- the entire unit, nor lease his unit for transient or hotel purposes. Other than the foregoing, there is no restriction on the right of any owner to lease his unit. 13.5 Prior .approval of first mortgagees. Except as otherwise provided by statute in case of condemnation or substantial loss to the units and/or the common area of the Project, unless at least seventy-five percent (75%) of first mortgagees (based on one (1) vote for each unit on which a first mortgagee has a lien) have given their prior written approval, the association shall not be entitled to: z: i (a) Effectuate any decision to terminate professional management, p if any, and assume self-management of the Project; (b) By act or omission seek to abandon or terminate the condominium Project; (c) Change the prorata interest or obligations of any individual (;a condominium unit for the purpose of: (i) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) determining the prorata share of ownership of each condominium unit; (d) By act or omission seek to abandon, partition, subdivide, encumber, sell, or transfer the common area (the granting of ( a 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) ; (e) Use hazard insurance proceeds for losses to any condominium property (whether to units or to the common area) for other than the repair, replacement, or reconstruction of the condominium property; (f) Make any material amendment to this declaration or to the bylaws of the association. The term "material amendment," as used herein shall mean amendments to provisions of this declaration or the bylaws governing: (i) the fractional interest of the unit owners in the common area of the Project, (ii) the fundamental purpose for which the Project was created , such as a change from residential to a different use, (iii) voting, (iv) reserves for repair and replacement of the common elements, (v) property maintenance obligations; (vi) casualty and liability insurance, (vii) reconstruction in the event of damage or destruction,g (viii) rights to use the common area, (ix) any provision which by its terms is specifically for the benefit of first mortgagees or specifically confers rights on first mortgagees; (g) An individual unit may be not partitioned or subdivided without the prior written approval of the holder of the first mortgage lien on that particular unit. i j DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS HOMEOWNERS ASSOCIATION, INC . Page 31 13.6 Examination of books and records. The holders and insurers of first mortgages shall have the right upon request to examine the books and records of the association during normal business hours and to require the preparation of and receive an annual audited _- financial statement of the association for the immediately preceding fiscal year within ninety (90) days following the end of such fiscal year. 13.7 Taxes, assessments, and charges. All taxes, assessments, and charges which may become liens prior to first mortgages under local law, shall relate only to the individual units and not to the Project as a whole. First mortgagees of units may jointly and 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 for the property, and first mortgagees making such payments shall be owed immediately reimbursement therefor by the association. 13.8 Reserves for replacement. Condominium assessments shall include an adequate reserve fund for maintenance, repairs, and replacement of those common elements that must be replaced on a periodic basis and shall be payable in regular installments, rather than by special assessments. 13.9 Start-up fund. Upon acquisition of record title to a unit from Declarant the owner thereof shall make a contribution to the association's working capital fund equal to Fifty Dollars ($50) . Said contribution shall be limited to the original sales of condominiums and shall not apply to any resales of condominiums. Said sum shall be deposited by the buyer into the purchase and sale escrow and , except as otherwise provided herein, disbursed from the escrow to the association. The Declarant shall, six (6) months following the conveyance of record of the first condominium to an owner, deliver to the association an amount equal to Fifty Dollars ($50) for any and all condominiums which have not then been conveyed of record to an owner. Upon the close of escrow of any condominium for which the start-up fund was prepaid by Declarant, escrow shall remit the start-up fund fee collected from the buyer to Declarant. The payments required under this section are in addition to and not in lieu of regular and special assessments of the association. 13.10 No priority over rights of first mortgagees. • No provision herein shall give a unit owner or any other party priority over any rights of a first mortgagee of the unit pursuant to its mortgage in the case of a distribution to the unit owner of insurance proceeds or . condemnation awards for losses to or a taking of the unit and/or the common area. Such first mortgagee shall be entitled to timely written notice of any such damage or destruction of the common area or damage to a unit covered by a mortgage. Additionally, if any unit or portion thereof is made the subject matter of any condemnation or eminent domain proceeding, no provision herein shall entitle the owner of a unit or any other party to priority over a first mortgagee of a unit with respect to any distribution DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 32 to such unit of the proceeds of any award or settlement. Such first mortgagee shall be entitled to timely written notice of any such proceeding or proposed acquisition. 13.11 Further notice to mortgagees. The association shall give written notice to any first mortgagee who .requests same, of all meetings of the association. Each such first lien holder shall have the right to be represented at such meetings but shall have no voting rights, unless it has succeeded to title to one or more of the units by foreclosure. Further, the association shall deliver to each such first mortgagee, upon such mortgagee's request, a copy of the association's annual statement. 13. 12 Contracts in excess of one (1) year. Any agreement for professional management of the Project or any other contract providing for the services of Declarant may not exceed one (1) year. Any such agreement must provide for termination by either party, without cause and without payment of a termination fee, on thirty (30) days' written notice. 13.13 No obligation to cure breach. Any first mortgagee who acquires title to any unit pursuant to the remedies provided in the mortgage or through foreclosure of the mortgage, shall not be obligated to cure any breach of this declaration which is non-curable or of a type which is not practical or feasible to cure. 13. 14 Breach of declaration. No breach of the covenants, conditions, or restrictions in this declaration nor the enforcement of any lien provisions created herein, shall affect, impair, defeat, or render invalid the lien of any first mortgage made in good faith and for' value, but all of said covenants, conditions, and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale with respect to a unit. 13. 15 FHLMC/FNMA insurance requirements. If any loan secured by a mortgage encumbering a unit is owned by the Federal Home Loan Mortgage Corporation ("FHLMC") , its successors, and assigns, of the Federal National Mortgage Association ("FNVA") , its successors, and assigns, or is tendered to FHLMC or FNMA for purchase, the association and owners shall obtain and maintain in full force and effect, all insurance coverage which may at any time and from time to time be required by FHLMC or FNMA, their successors, and assigns and shall otherwise comply in all respects with all insurance requirements of FHLMC or FNMA which may be in effect at any time and from time to time. ;l 13.16 Conflicts. If there is any conflict between any provisions of this Article 13 and any other provisions of this declaration or the bylaws, the language contained in this Article 13 shall control. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 33 13.17 FHA approval.' So long as there is a Class B membership in the association, the following actions will require the prior approval of the Federal Housing Administration: annexation of additional property to the real property, mergers and consolidations, special assessments, and amendments to the declaration. 13. 18 FHA Regulatory Agreement. For purposes of this declaration, "FHA" shall mean and refer to the United States Department of Housing and Urban Development. Declarant desires that loans secured by mortgages encumbering condominiums within the Project qualify for mortgage insurance by FHA. In order to carry out the intentions of this Section 13. 18, there is attached to this declaration as Exhibit "B" hereof, which exhibit is incorporated herein by this reference, a fully executed Regulatory Agreement (FHA Form Number 3278) entered into by and between the Secretary of the United States Department of Housing and Urban Development acting by and through the Federal Housing Commissioner and the association. To the extent said Regulatory Agreement is in effect according to its terms: (a) All owners, tenants, and occupants of condominiums in the Project covenant and agree that the administration of the Project shall be in accordance with the terms and provisions of said Regulatory Agreement, and that such terms and provisions of said Regulatory Agreement shall be fully complied with. (b) To the extent any matters in this declaration, or in the articles, or in the bylaws are in any way inconsistent with. any matters in said Regulatory Agreement, then any such inconsistent matters in said Regulatory Agreement shall prevail. (c) Without limiting the foregoing, the right to lease condominiums in the Project shall be subject to all terms and provisions of said Regulatory Agreement. (d) Said Regulatory Agreement consists of four (4) pages plus any exhibits. In the event of any conflict between any of the provisions of this Section 13. 18 and any other provisions of this declaration, the provisions of this Section 13 shall control. �) ARTICLE 14 AMENDMENT 14.1 Prior to close of first sales escrow. Prior to the close of the first sales escrow, Declarant shall have the right to amend this delcaration by executing and recording the desired amendment, and the recording of said amendment in the Office of the County Recorder of Riverside County, shall be presumed to be valid as to anyone relying thereon in good faith. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 34 14.2 Subsequent to close of first sales escrow. Subsequent to the close of the first sales escrow, this declaration may be amended at any time and from time to time by an instrument in writing signed by members representing seventy-five percent (75%) or more of the voting power of each class of members of the association, any which — amendment shall become effective upon the recording thereof with the Office of the County Recorder of Riverside, County, California; provided, however, , that after the Class B membership in the association has been converted to Class A membership, amendment to this declaration shall require an instrument in writing signed by (a) seventy-five percent (75%) or more of the voting power of members of the association, and (b) seventy-five percent (75%,) or more of the voting power of members *of the association other than Declarant; provided further, however, that no material amendment may be made to this declaration without the prior written consent of (a) seventy-five percent (75%) or more of the mortgagees of first mortgages encumbering condominiums within the condominium property (based upon one (1) vote for each such mortgage) , and (b) so long as there is a Class B membership in the association, and the FHA. The term "material amendment" as used herein shall mean any amendment to the provisions of this declaration governing any of the following subjects: (a) The fundamental purpose for which the Project was created (such as a change from residential use to a different use) . (b) Assessments, assessment liens, and subordination thereof. (c) The reserve for repair and replacement of the common area or. recreation area. (d) Property maintenance obligations. (e) Casualty and liability insurance. (f) Reconstruction in the event of damage or destruction. (g) Rights to use the common area or recreation area. (h) Annexation. (i) Voting. (j) The percentage interest of the owners in the common area or recreation area. (k) Any provision which, by its terms, is specifically for the benefit of first mortgagees, or specifically confers rights on first mortgagees. DECLARATION OF RESTRICTIONS OF PALM DESERT GARDENS HOMEOWNERS ASSOCIATION, INC. ' Page 35 Notwithstanding the foregoing, the percentage of voting power of the association or of members other than Declarant, necessary to amend a specific clause or provision of this declaration shall not be less than the prescribed percentage of affirmative votes required for action to be taken under that clause or provision. IN WITNESS WHEREOF, Declarant has executed this declaration, the day and year first hereinabove written. LEWIS HOMES OF CALIFORNIA, a partnership By Richard A. Lewis, Authorized Agent s 1 STATE OF CALIFORNIA ) ss COUNTY OF SAN BERNARDINO ) On this day of 1981, before me, the undersigned , a Notary Public in and for said State, personally appeared Richard A. Lewis, known to me to be the authorized agent of Lewis Homes of California, the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. Notary Public 1:' EXHIBIT "A" PALM DESERT GARDENS-3, TRACT 17104-3 = PURSUANT TO ARTICLES 2, 3, AND PARAGRAPH 4. 2(d) THIS EXHIBIT IS ATTACHED HERETO AND MADE'A PART HEREOF FRACTIONAL INTEREST ESTIMATED INITIAL MONTHLY UNIT IN COMMON AREA MAINTENANCE CHARGE 1 1/4 $22.03* 2 1/4 3 1/4 $22.03* 4 1/4 $22.03* *HOMEOWNERS FEE ASSESSMENT UNIT NUMBER NOTE 1 2 3 4 TOTAL Plan D-1 D-1 D-1 D-1 Paint area square feet 1,600 1,600 1,600 1,600 6,400 Flat roof area square feet 195 195 195 195 780 Monthly fees Insurance $ 11.42 $ 11.42 $ 11.42 $ 11.42 $ 45.68 (1) Paint reserve 6.67 6.67 6.67 6.67 26.68 (2) Roof reserve 1.30 1.30 1.30 1.30 5.20 , (3) Miscellaneous 2.00 2.00 2.00 2.00 8.00 Subtotal 21.39 21.39 21 .39 21.39 85.56 (4) Operating reserves .64 .64 .64 .64 2.56 Total $ 22.03 $ 22.03 $ 22.03 $ 22.03 $ 88. 12 ,I NOTES: (1) Paint reserve allocated based on $.05 per square foot of paint area, per. year. (2) Roof reserve allocated based on $.08 per square foot of flat roof area per year. Balance of roof area is lifetime tile and requires no reserves. (3) Miscellaneous . expenses (minor repair and maintenance of building' exteriors, office supplies, insurance deductible payments, etc.) are . estimated at $2.00 per unit per month. (4) Operating reserves (contingency) at 3%, of monthly assessment. ARTICLES OF INCORPORATION ` OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. ARTICLE 1 The name of this corporation is PALM DESERT GARDENS-_ HOMEOWNERS ASSOCIATION, INC. ARTICLE 2 2.1 This corporation is a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law. The purpose of this corporation is to engage in any lawful act or activity for which a corporation may be organized under such law. 2.2 The specific purpose of this corporation is to form a residential real estate management association and to provide for the acquisition, construction, management, maintenance, and care of real and personal property held by the Association or commonly held' _ ___. by members of the Association or located in the project and owned by members of the Association and otherwise to act and be operated as a "Homeowners Association," as defined in §528 of the Internal Revenue Code, 1954, as amended ; and California Revenue and Taxation Code, 423701T, as amended. 2.3 Amendment of these articles of incorporation requires the vote of at least fifty-one percent (51%) of the board, and at least fifty-one percent (51%) of the voting power of the Association, and at least fifty-one percent (51%) of the votes of members other than declarant. After conversion of the Class B members in the Association to Class A membership, the articles may be amended by a vote of (a) fifty-one percent (51%) of the total voting power of the Association and (b) at least fifty-one percent (51%) of the voting power of members other than declarant. j ) 2.4 Declarant as used hereinabove shall mean and refer to Lewis Homes of California. 2.5 Notwithstanding any of the above statements of purposes and powers, this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the specific purpose of this corporation. t ARTICLES OF INCORPORATION OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 2 I ARTICLE 3 The name and address in the State of California of this corporation's initial agent for service of process: Robert E. Lewis, 45-445 Portola Avenue, Post Office Box 1741, Palm Desert, California, 92260. Dated: 1981 Incorporator's signature GARY E. LEVEN Incorporator I hereby declare that I am the person who executed the foregoing Articles of Incorporation, which execution is my act and deed. Incorporator I i BYLAWS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION , INC . ARTICLE 1 NAME AND LOCATION 1. 1 Name. The name of this association is Palm Desert Gardens- Homeowners Association, Inc. , a California nonprofit mutual benefit corporation , its successors , and assigns , hereinafter referred to as the "Association 1 .2 Location. The Association shall have its principal office at the condominium project site, located at Portola Avenue and Rutledge Way, in the City of Palm Desert , County of Riverside, State- of California, or as close thereto as practicable within said City as the Board may determine or as the affairs of the Association may require from time to time. ARTICLE 2 DEFINITIONS 2 . 1 Declaration. The "Declaration" shall mean the Declaration of Restrictions for Palm Desert Gardens- Homeowners Association, Inc. , recorded in the Office — of the County-Recorder-of Riverside County-, as-the— same may be amended from time to time. 2 . 2 Other Definitions . Each and every definition set forth in Article 1 of the Declaration shall have the same meaning herein as therein and each and every such defi- nition is incorporated herein by reference thereto and made a part hereof, as if once again fully written and set forth at length in these Bylaws. ARTICLE 3 MEMBERSHIP -VOTING RIGHTS 3 . 1 Membership and Voting Rights. The qualification for membership and the voting rights of owners shall be as set forth in Article 3 of the Declaration , all of which provisions are incorporated herein by reference thereto. 3. 2 Annual Meetings of Owners. The organizational and first annual meeting of the members shall be held as described -in the Declaration. Thereafter, annual meetings of members of the Association shall be held in each succeed- ing year within ten (10) days of the same day' of BYLAWS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 2 the same month after the organizational meeting, on a day and at a time to be determined by the Board, which day shall not be a legal holiday. _ 3. 3 Special Meetings of Owners. Special meetings of the members shall .be promptly called by the Board upon . the vote .for such a meeting by a majority of a quorum of the Board, or upon receipt by the Board of a written request for a special meeting, signed by owners of at least two (2) of the units . If a special meeting is called by any person or persons other than the Board, the request shall be in writing and shall specify the time of the meeting and the general nature of the business proposed to be transacted and shall be delivered personally or by mail (postage prepaid) to an officer of the Board. The officer of the Board receiving the request that a special meeting be called shall notify the members in accordance with the provisions for notice set forth under Section 3. 4 hereinbelow. Nothing herein shall be construed as limiting or affecting the time when a special meeting of members is called by the Board. 3. 4 Notice of Meetings of Owners. Notice of all meetings of members of the Association, whether annual or special , shall be given by the Board. This notice shall be given not less than ten (10) nor more than ninety (90) days before the date- of the meeting. The notice shall - - - specify the place, day, and hour of the meeting and in the case of a special meeting, the nature of the busi- ness to be undertaken. 3. 5 Quorum Requirements for Meetings of the Owners. At all meetings of the owners, a quorum for the transaction of business, through the presence in person or by proxy of such members; shall be established at fifty-one per- cent (51%) of the total voting power of the Association, which shall be sufficient for the passage of any motion or the adoption of any resolution except as otherwise set forth in the Declaration or these Bylaws . Absent a quorum at a meeting of the members, a majority of those present , in person or by proxy, may adjourn the meeting to anothr time, but may not transact any other business. An adjournment for lack of a quorum by those in attendance shall be to a date not less than five (5) , nor more than thirty (30) , days from the original meeting date. If a time and place for the adjourned meeting is not fixed by those in attendance at the original meeting, or if for any reason a new date is fixed for the adjourned meeting after adjourn- ment , notice of the time and place of the adjourned meeting shall be given to members in the manner . prescribed under Section 5 .4 above. BYLAWS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC . Page 3 3 . 6 Proxies. At all meetings of the members of the Associ- ation , each member may be present in person or by proxy. All proxies shall be in writing and filed with the ' ,_ _ Secretary of the Association. No proxy shall be valid after the expiration of eleven (11 ) months from the date thereof unless otherwise provided in the proxy , except that. the maximum term of any proxy shall be three (3) years from the date of its execution. Every proxy shall continue in full force and effect until revoked by the person executing it prior to the vote pursuant to the .proxy' However, a proxy shall not be deemed revoked by the death or incapacity of its maker or the termination of his membership in the Association as a result of his death or incapacity unless , before the vote is counted, written notice of the death or incapacity of the proxy maker is received by the Association. 3. 7 Order of Business. The order of business of all meet- ings of the members shall be as follows : (a) Roll Call (b) Proof of Notice of Meeting or Waiver of Notice (c) Reading of Minutes of Preceding Meeting (d) Reports of Board and Officers (e) Election of Directors, if any are to be elected (f) Unfinished Business (g) New Business . 3. 8 Parliamentary Procure. All questions of parliamentary procedure shall be dedecided in accordance with Roberts' Rules of Order. ARTICLE 4 BOARD OF DIRECTORS 4 .1 Number. The Board shall consist of four (4) members, all of whom shall be owners . Representatives of Declarant , such as employees and agents, may be members of the Board. 4 .2 Term of Office. At the first annual (organizational) meeting, the members shall elect such of the four (4) directors who shall serve a term of one (1) year. At the expiration of the initial term of office of each ,director, his successor shall be elected to serve for a term of one (1) year. 4 . 3 Election and Removal of Directors. Election and removal of directors shall be as provided in the Declaration un- der Article 3. In the event of the death or resignation of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. ski BYLAWS OF PALM DESERT GARDENS- HOMEONWERS ASSOCIATION, INC. Page 4 Election to the Board shall be by secret written ballot. At such election, the members or their proxies may cast with respect to each vacancy, as many votes as they are entitled to cast under the provisions of the Declaration ' and subject to the provisions for cumulative voting as therein described under Article 3. The candidates receiv- ing the highest number of votes shall be deemed elected. 4 . 4 Regular Meetings of the Board. Regular meetings of the Board shall be held at least every three (3) months at a time and place within the project as fixed by the. Board from time to time. Notice of the time and place of the regular meetings of the Board shall be communi- cated to the Board members not less than four (4) days prior to the meeting; provided that, notice of a meeting need not be given to' any Board member who has signed a waiver of notice or a written consent to the holding of the Board meeting. 4. 5 Special Meetings of the Board. Special meetings of the Board may be called by written notice signed by the' President of the Association or by any two (2) members of the Board other than the President. The notice shall specify the time and place of the meeting and the nature . of the special business to be considered. Notice shall be communicated to the Board members not less than seventy-two (72 ) hours prior to the scheduled time of the - special meeting; provided that, notice of the meeting need not be given-to any Board member who has signed a waiver of notice, or a written consent to the holding of the special meeting. 4. 6 Quorum Requirements for Board Meetings. A majority of the number of directors shall constitute a quorum for the transaction of business at a meeting of the Board.. Every act or decision done or made by a majority of the directors present at a duly held meeting at which a quorum is present, shall be regarded as the act of the Board. 4', 7 Action Without Meeting. The Board may take actions with- out a meeting if all of its members consent in writing to the action to be taken. If the Board resolves , by unani- mous written consent, to take action , an explanation of 1 the action to be taken shall be given by the Board to all members of the Association within three (3) days after all written consents have been obtained. This explanation shall be given in the manner prescribed for giving notice of regular meetings of the Board. BYLAWS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 5 4 . 8 Consent to Waiver of Notice. The transactions at any meeting of the Board, however noticed, shall be as valid as though had at a meeting duly held after regular notice, _ if a quorum be present and either before or after the meeting, each director not present thereat signs a written waiver of notice or a consent to the holding of such meeting or an approval of the true and correct minutes thereof. All such waivers , consents, or approvals shall be filed with the records of the Board and made a part of its minutes. 4. 9 Meetings Open to All Members. Regular and special meetings of the Board shall be open to all members of the Association, provided that, Association members who are not on the Board may not participate in any deliberation or discussion, unless expressly so auth- orized by the vote of a majority of quorum of the Board. The Board may, with the approval of a majority of a quorum of its memhers, adjourn a meeting and reconvene in executive session to discuss and vote on personnel matters , litigation in which the Associ- ation is , or may become, involved and orders of business of a similar nature. The nature of any and all business to be considered in executive session shall first be announced in open session. 4 . 10 Powers and Duties of the Board. The powers and duties of the Board shall be as those set forth in the Declaration under Article 4 , all of which provisions are incorporated herein by reference thereto as though fully set forth at length in these Bylaws . ARTICLE 5 OFFICERS AND THEIR DUTIES 5. 1 Enumeration of Offices . The officers of the Association shall be a President and a Vice-President who shall at all times be members of the Board, a Secretary and a Treasurer and such other officers as the Board may from time to time by resolution create. 5. 2 Election and Term of Officers. Officers shall be elected by and from the Board within seven (7) days after the first annual (organizational) meeting at which the Board members were elected by secret written ballot and both Board members and officers shall hold office for one (1) year unless they shall sooner resign or shall be removed or shall otherwise be or become disqualified to serve. 5 . 3 Multiple Offices . The offices of Secretary and Treasurer may be held by the same person. No person shall simul- taneously hold more than one of any of the other offices , except in the case of special offices created pursuant to Section 5 . 4 hereinbelow. BYLAWS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC . Page 6 5. 4 Special Appointments. The Board may elect such other officers as the affairs of the Association may require , each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. 5. 5 Resignation. Any officer may resign at any time by giv- ing written notice to the Board. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein and , unless otherwise specified therein, acceptance of such resignation shall not be necessary to make it effective. 5. 6 Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces; provided however that , where such vacancy is created because of the removal of a Board member , such member may not be removed without the vote or written assent of a majority of of the voting power of the Association residing in members other than Declarant. 5. 7 Duties. The duties of the officers shall be as follows: (a) President. The President shall preside at all meetings of the Board and of the Association, shall see that orders and resolutions are carried out, shall sign all leases , mortgaces, deeds and other written instruments, and shall co-sign all checks and promissory notes. (b) Vice-President. The Vice-President shall act in the place and stead of the President in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as may be required of him by the Board. (c) Secretary. The Secretary shall record the votes and keep minutes of all meetings and proceedings of the Board and of the Association , shall serve notices of meetings of the Board and of the mem- bers, shall keep appropriate current records showing the members of the Association, together with their addresses , and shall perform such other duties as required by the Board. BYLAWS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 7 (d) Treasurer. The Treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse funds as directed by resolution of the Board, shall co-sign all• checks and promissory notes of the Association, shall keep proper books of account, shall cause an annual operating statement reflecting the income and expenditures of the Association for its fiscal year to be prepared and cause copies of same to be distributed to each member within one hundred twenty (120) days after the end of such fiscal year, and shall cause an annual budget to be prepared and presented to each member. ARTICLE 6 ARCHITECTURAL CONTROL As set forth in Section 4 . 5 of the Declaration, architectural control falls within the authority of the Association. The Board may act as the architectural control body or may appoint a com- mittee consisting of three (3) members to act as an architectural control committee. Declarant may appoint all of the original members of this committee and all replacements until the first (1st) anniversary of the recording of the first deed to an owner within the project. Declarant may further reserve to itself the power to appoint a majority of members of this committee until ninety percent (90%) of all units in the project have been sold or until the fifth (5th) anniversary of the recording of the first deed to an owner within the project, whichever occurs first. One (1) year after the date of recording of the first deed to an owner within the project, the Board shall have the power to appoint one (1) member to the committee until ninety percent (90%) of all units in the project have been sold, or until the fifth (5th) anniversary date of the recording of the first deed to an owner within the project, whichever occurs first. There- after, the Board shall have the power to appoint all members to this committee. Members appointed to the committee by the Board shall be from the membership of the Association; members appointed to the committee by Declarant need not be members of the Association. The architectural control committee shall have the duties as Iset forth under Section 4. 5 of the Declaration. ARTICLE 7 ASSESSMENTS As more fully provided under Section 4 . 2 of the Declaration , each member is obligated to pay to the Association annual and special assessments, to be collected as therein set forth, all of which provisions are incorporated herein by reference thereto as though fully set forth at length in these Bylaws. BYLAWS OF PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. Page 8 ARTICLE 8 AMENDMENT These Bylaws may be amended in the same manner as provided for - - amendment of the Declaration as set forth in Section 14 . 2 of said Declaration. ARTICLE 9 GENERAL PROVISIONS 9. 1 Fiscal Year. The fiscal year of the Association shall be a calendar year, unless and until a different fiscal year is adopted by the members at a duly constituted meeting thereof. 9. 2 Successors. Each successive owner of each condominium shall be furnished with a copy of these Bylaws . 9. 3 Conflicting Provisions . In the case of any conflict between any provisions of the Declaration and these Bylaws , the conflicting provisions of the Declaration shall control. 9. 4 Applicability. The provisions of these Bylaws are applicable to the project, its operation, occupancy , ownership, maintenance and use, and to all present and future owners , members of their families , guests, tenants , agents , employees or licensees, and to any other person or persons who may use the project in any manner. The acceptance of a deed to any unit in the project shall constitute an acceptance and ratification of these Bylaws and the Declaration, as either or both may, from time to time, be amended and/or supplemented. I, the undersigned', do hereby certify: 1. That I am the duly elected and acting Secretary of PALM DESERT GARDENS- HOMEOWNERS ASSOCIATION, INC. , a California nonprofit mutual benefit corporation; "= and 2. That the foregoing Bylaws , comprising eight (8) pages constitute the Bylaws of said Association duly adopted at a meeting of the Board of Directors thereof duly held on 1981 . ' IN WITNESS WHEREOF, I have hereunto subscribed my name this day of 1981 . Secretary 1 y, �00' R6;C�IUS MAQ ` ' " I i� I n � - G SUBJECT 87 PARCEL i Iry 4 1 _ V=!/7 O L Z � ^ o Tf SEE I ASSESSORS 'MAP_ RK..62/`.PG. �r Stanley C. Morse Consdting Civil Engineers, Inc. Planning,.Engneering, Surveying TENTATIVE TRACT 17104 PROPERTY OWNERS WITHIN 300 ' RADIUS 621-360-006 Harry V. Spade Kenneth Y. Calkins 4301 Portola Ave. Palm Desert, CA 92260 621-360-007 Warren E: Rigdon 70-345 Placerville Rd. Rancho Mirage, CA 92270 621-360-008 Lewis Homes of California 45-445 Portola, Suite 1A Palm Desert, CA 92260 621-360-009 Lewis Homes of California 45-445 Portola, Suite 1A Palm Desert, CA 92260 621-440-007 Desert .Sands Unified .School District 83-049 Avenue 46 Indio, CA 92201 621-451-001 Donald J. Penningroth Evelyn E. Penningroth Carol McMallen 6282 Marcellena Dr. Huntington Beach, CA 92647 621-451-002 Charles Williams Carol Williams 74-040 Desert Star Blvd. Palm Desert, CA 92260 621-451-003 Don W. Driskel Doloris M. Driskel 73-394 Tamarisk St. Palm .Desert, CA 92260 621-451-004 Carla B. Dickerson 73-280 Highway 111 Palm Desert, CA 92260 MALAGA SQUARE • 73-255 EL PASEO • SUITE 8 • PALM DESERT, CALIFORNIA 92260 • (714) 346-6163 TENTATIVE TRACT 17104 (CONTINUED) 621-670-001 Robert B. Sendejo Martha G. Sendejo 74-015 -Rutledge Ave. .Palm Desert, CA 92260 621-670-002 Mark C. Demille . 74-025 Rutledge Ave. Palm Desert, CA 92260 621-670-003 Weinstein Family Limited Partnership C/O Joseph Weinstein 4143 Via Marina, Apt. 619 Marina Del Rey, CA 90291 621-670-004 Cheryl M. Yates P. 0. Box 1914 Palm Desert, CA 92261 ** 621-881-001 Lewis Homes of California thru -050 45-445 Portola, Suite 1A Palm Desert, CA 92260 ** 621-882-001 Lewis Homes of California . thru -022 45-445 Portola, Suite 1A Palm Desert, CA 92260 **Some Lewis Homes have been sold. See additional property-owners ' list. J TENTATIVE TRACT 17104 (CONTINUED) PROPERTY OWNERS ' LIST 6217881-006 Mr . and Mrs. Gussel 73-844 Krug Avenue Palm Desert, CA 92260 621-881-009 Mr . and Mrs . Glazer 73-819 Masson Street Palm Desert, CA 92260 621-881-013 Mr . and Mrs. Schey 73-812 Masson Street Palm Desert, CA 92260 621-881-017 Mr. and Mrs. Deese 73-874 Masson Street Palm Desert, CA 92260 621-881-027 Mr. and Mrs . Newell 73-876 Krug Avenue Palm Desert, CA 92260 621-881-042 Mr. and Mrs . Bogle 73-861 Rutledge Way Palm Desert, CA 92260 621-881-044 Mr. and Mrs. Klay 73-833 Rutledge Way Palm Desert, CA 92260 621-881-047 Mr. and Mrs. Pittman 43-428 San Pasqual Palm Desert, CA. 92260 621 -881-048 Ms. Shaeffer Mr. Peralta 43-442 San Pasqual Palm Desert, CA 92260 621-882-015 Mr . and Mrs. Bulger 73-875 Krug Avenue Palm Desert, CA 92260 621 -882-016 Mr. and Mrs. Trotter 73-857 Krug Avenue Palm Desert, CA 92260 621-882-019 Ms . Clifton 73-809 Krug Avenue Palm Desert, CA ' 92260 621-882-020 Brush/Adams 73-793 Krug Avenue Palm Desert, CA 92260 621-882-021 Mr . and Mrs. Jensen 73-777 Krug Avenue Palm Desert, CA 92260 621-44,62/-45 21 67 T.R.A. 18oi POR. N112 SW//4 S of 2 44 i 7C r�8e.77 r .JV " For LOT A SI.Zl �7.+5 '».il. 77.84 78..7 k� 4 a 5 6 7 '^ 8 �• O O O O O © O O NQ NEW NO. *f vnvc 77.44 1 17.06 ra.e7 vied 78 a4 MB. 9213-5 Tioct No. 8237 45 u 6 62/-68 7 RA a'': POR SE//4 SEC. /7 7 t � � I";,I 64 66 �46 / CS �.' 4 \..7 �. 69 r, 1 r 70 34 ,d 1 / 71 `f 33 3 ::• yo , :�T„ Ell ZIP 31 29 2t �; _ LQ A'R rLaw'r I �V ct4 24 25 26 2: , 1 h rs t 1`) i' low ro J t tr ft — --KRUG. - _ ---- _ 1 A �• Sq rI bS �__._�.._—_L I of rRr2/e/.1 se ____— —_.—_-- _---� .f�+•, MB /05194 -97rfoct 12181-2 . 37 SR6E e , 59 J_ ..♦ ) e4 d r' - 4 4 ` 1•' 5-7 17 �i aG 4L 1 aS 50 ' fo i,J1 ee ♦l 6 i ` AVE 141 s 882 17 ,)116 PO 1 6e2 r . ! "` a5 T. C.T. G. A. IA0/, 2 � -r _ _ _ - SW �. SL�C. 16 r 4 i �► ^ a , 2 3 * 5 6 T g 1'N I t O Q 1 � rtsH��� rs• .. da - � � � . . - �_ it-z L. Z DESERT . o STAR .. ? as iS n zc ac. t •.� /04 i 3* .. . r ". �.. � � � " ,. ♦ � .. is � f Y41.7 - MCI NO bb .105 (; VT .Ir PJ V 36 •� w 45z � - r� ,�.Q ; • { olp, = 45.E 454 108 32 n'` 40 I09 +A et `x �l - + j � t rf OLD"D. M•M Nd a - (' - ' ./n -om ' /"n 40. 1 ►4 M - . A/B. 3¢,!7E 79.:-•Shodaw Village Un# No l a, sewoo� M. 8 J8151. 52 " ": " Na Z. .. B: 46175- 76 Tfoct No. 12529 » P0. M M. - .- � � M •.t.in•. n B. 9215-5 Tract Na 9237 v +- ... • fla.! DATA R/S ?5-8-24 62/- 44 T C. A. 1801N 2 sw 4 sEc. i ' w• - - -- - a i MAGNESIA— _ — FALLS RD. f ro N I - 0/77 M44,47 10. . . - ANNO • p . M-R WAY - . . E ►. RtlTLEDGE � f _ MAP 45 ' �. DATA R/S tI/132 . GLO FLAT 25- 621- 36 r C. A. ` �80 1802 2 y S SEC. /7 T. 5S. R. 6w . E. A moo' Ra,c�iu<i ! f L � .' 43 rd AVE. m 400, l7 , . . , 5c& .. �9 40.52+AC SUF3JEGT 87 F OLD NO. NEW NO. .. y.r d 9 ST. `: O 17 oi 1 , t 32 o v ; E E MA LQ a .. 38.104, 8./0-AC. O .. . 2 p Q CERTIFIED PROPERTY OWNERS' LIST AFFIDAVIT STATE OF CALIFORW ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) hereby certify I Stanle 0-Morse that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assess- ment role of the County within the area described on the attached application and for a distance of three hundred (300) feet from the exterior boundaries of the property described on the attached application. I certify under penalty of perjury that the foregoing is true and correct. (signed) (date) L. marry n. 5paae weinstein ramiiy Limited Kenneth Y . Calkins Partnership 4301 Portola Ave. C/O Joseph Weinstein Palm Desert , Ca. 92260 4143 Via Marina, Apt. 619 . . . Marina Del Rey, CA 90291 Warren E. Rigdon Cheryl M. Yates 70-345 Placerville Rd. P. O. Box 1914 Rancho Mirage, CA 92270 Palm 'Desert, CA .92261 Lewis Homes of California Lewis Homes of California 45-445 Portola, Suite 1A 45-445 Portola, Suite 1A Palm Desert, CA 92260 Palm Desert, CA 92260 Lewis Homes of California Lewis Homes Of California 45-445 Portola, Suite 1A 45-445 Portola, Suite 1A Palm Desert, CA 92260 Palm Desert, CA 92260 Desert Sands Unified :, - •:..r:. r. , �,. School District 83-049 Avenue 46 Indio, CA 92201 Donald J. Penningroth - "" ''°�-'=°� m • Evelyn E. Penningroth Carol McMallen - 6282 Marcellena Dr. Huntington Beach, CA' 92647 Charles Williams Carol Williams 74-040 Desert Star Blvd. Palm Desert, CA 92260 Don W. Driskel Doloris M. Driskel ; 73-394 Tamarisk St. Palm Desert, CA 92260 ,e �.T i"^t va -'i ?� t�a.SGw:.ti i1 xe..'../s :41� r'� A;!'.i •.5'i>'..>.� :A'. Carla B. Dickerson 73-280 Highway 111 Palm Desert, .CA 92260, Robert B. Sendejo Martha G. Sendejo 74-015 Rutledge Ave. _ - Palm Desert, CA 92260 Mark C. Demille 74-025 Rutledge Ave. •:lm Desert, CA 92260 ;r. and Mrs . Gussel Ms. Clifton - 73-844 Krug Avenue f 73-809 Krug Avenue Lewis Homes of Califorte nia Palm Desert , CA 92260 i Palm Desert , CA 92260 palm Desert, CA 92260 Mr. and Mrs_ Glazer Brush/Adams 73-819 Masson Street 73-793 Krug Avenue Lewis Homes of California Palm Desert , CA 92260 ' Palm Desert, CA 92260 45-445 POrtOla, Suite 1A t Palm Desert, CA 92260 j7 V Mr. and Mrs . Schey Mr. and Mrs. Jensen 73-812 Masson Street 73-777 Krug Avenue Stanley C. Morse Palm Desert, CA 92260 Palm Desert, CA 92260 Consulting Civil Engineer! 73-255 E1 Paseo, 8 i Palm Desert, CA Suite Suite 92260 -- Mr . and Mrs . Deese Stanley C. Morse 73-874 Masson Street Consulting Civil Engineers Palm Desert, CA 92260 73-255 E1 Paseo, Suite 8 Palm Desert, CA 92260 Mr. and Mrs . Newell Lewis Homes of California 73-876 Krug Avenue -"z 45-445 Portola, Suite 1A Palm Desert, CA 92260 Palm Desert, CA 92260 Mr. and Mrs . Bogle Lewis Homes Of California 73-861 Rutledge Way i 45-445 Portola, Suite 1A Palm Desert, CA 92260 � Palm Desert, CA 92260 i li Mr. and Mrs . Klay Lewis Homes of California 83-833 Rutledge Way I 45-445 Portola, Suite 1A Palm Desert, CA/ , 92260i Palm Desert, CA 92260 Mr, and Mrs. Pittman Stanley C. Morse 43-428 San Pasqual Consulting Civil Engineers Palm Desert , CA 92260 ' 73-255 E1 Paseo, Suite 8 Palm Desert, CA 92260 Ms. Shaeffer Mr. Peralta 43-442 San Pasqual E7 Palm Desert, CA 92260 " 'Mr. and Mrs. Bulger 73-875 Krug Avenue Palm Desert , CA 92260 . Mr. and Mrs . Trotter 73-857 Krug Avenue Palm Desert , CA 92260 i - I Mr . and Mrs. Gussel Ms . Clifton 73-844 Krug Avenue 73-809 Krug Avenue Palm Desert CA 92260 Palm Desert, CA 92260 Mr . and Mrs . Glazer Brush/Adams 73-819 Masson Street 73-793 Krug Avenue Palm Desert, CA 92260 Palm Desert, CA 92260 Mr . and Mrs . Schey Mr. and Mrs. Jensen 73-812 Masson Street 73-777 Krug Avenue Palm Desert, CA 92260 Palm Desert, CA 92260 Mr. and Mrs. Deese 73-874 Masson Street Palm Desert, CA 92260 �' I 'u r..I -Y _ , _. .,r s-^'M: .I 'N•^ :Y-1.1. ....i. .a:.MT•45ti,L^14,. Mr. and Mrs . Newell 73-876 Krug Avenue Palm Desert, CA 92260 Mr, and Mrs . Bogle - ? 73-861 Rutledge Way Palm Desert, CA 92260 I Mr. and Mrs. Klay 83-833 Rutledge 'Way ! Palm Desert, CA 92260 Mr , and Mrs. . Pittman San Pasqual Palm D - ~ Palm Desert, CA 92260 � ?'�... nr. ,F- �`. ...: y_.Y �':.y i n-C1'{.:. er V, r$,:•-:1 ...:`1t,...r. Ms. Shaeffer Mr. Peralta 43-442 San Pasqual Palm Desert, CA 92260 Mr . and Mrs. Bulger 73-875 Krug Avenue - - Palm Desert, CA 92260 Mr. and Mrs. Trotter 73-857 Krug Avenue Palm Desert, CA 92260 .tarry K. Spaae• weinsr-ein ramliy Limiuea Kenneth Y. Calkins Partnership 4301 Portola Ave. C/O Joseph Weinstein -;. ; „ .; •; . Palm Desert, Ca. 92260 4143 Via Marina, Apt. 619 t . Marina Del Rey, CA 90291 Warren E. Rigdon Cheryl M. Yates 70-345 Placerville Rd. P. 0. Box 1914 Rancho Mirage, CA 92270 Palm Desert, CA 92261 Lewis Homes of California Lewis Homes of California 45-445 Portola, Suite 1A 45-445 Portola, Suite 1A Palm Desert, CA 92260 Palm Desert, CA 92260 Lewis Homes of California Lewis Homes of California 45-445 Portola, Suite 1A 45-445 Portola, Suite 1A Palm Desert, CA 92260 Palm Desert, CA 92260 Desert Sands Unified Stanley C. Morse School District Consulting Civil Engineers 83-049 Avenue 46 73-255 E1 Paseo, Suite 8 Indio, CA 92201 Palm Desert, CA 92260 Donald J. Penningroth - Evelyn E. Penningroth Carol MCMallen --. -----._.__� 6282 Marcellena Dr. - --' Huntington Beach, CA 92647 ^ Charles Williams Carol Williams 74-040 Desert Star Blvd. Palm Desert, CA` . 92260 Don W. Driskel D'oloris M. Driskel 73-394 Tamarisk St. Palm Desert, CA 92260 r Carla B. Dickerson 73-280 Highway 111 Palm Desert, CA 92260 �l Robert B. Sendejo Martha G. Sendejo 74-015 Rutledge Ave. Palm Desert, CA 92260 Mark C. Demille 74-025 Rutledge Ave. Palm Desert, CA 92260 R 0 d 0 } a ?n . r . t 1 J i3 JF' Enter the long awaited duplex home series of Vineyards East, The homes are meant as a connoisseur's edition, appealing to While the duplex concept is not new it has been freshly the aesthetic senses and the practical consideration of today's expressed by Lewis Homes in The Vineyards East. ; desert family. Architecture is classic and highlighted in wood,tile and stone. Step in the plan and you will immediately sense the unique The design is outstanding and allows for individuality that has quality of the duplexes. The sensible concept of each home has seldom been equalled. Double wall construction between been transformed into a statement of timeless and distinctive units maintains the single family home quietude and planning charm. The inner warmth of--deep carpeting is impressive has minimized maintenance. against the grandeur of exterior views. Patios are perfect for evening barbecues. Kitchens gleam with new appliances— dishwasher, range, self-cleaning oven—and space for a washer and dryer has been built-in and enclosed. Master bedroom suites are classic. Many have a walk-in closet and spacious dressing room. e The Duplex Series has been designed for a special homebuyer rd . who seeks value, potential, and a workable alternative to zn�a st single family home ownership. a�c Copyright 1980 Lewis Homes VINEYARDS EAST — DUPLEXES Duplexes individually offer two units each with the following features: 0 ' AC • mT Grim EXTERIORS MARTINI COURT ro Beautiful Monray tile roofs, adding enduring beauty M to your home o Two car garages or lI car garage and carport some plans) Completely covered front entryways and/or courtyards * 9 Concrete driveways Distinctive front doors with combination latch set and o o C Q dead bolt for extra security p9 Trash enclosures <T Solid core self-closing door between garage & home <m HEITZ COURT INTERIORS Refrigerated air conditioning o Outstanding Lewis Homes floor plans, designed for T o gracious, comfortable living j �. Dramatic cathedral ceilings * lli - -- 0 Luxurious wall-to-wall carpeting in the living room, dining m o 0 0 area, hallway, bedrooms and wardrobes pg Beautiful cushioned vinyl in the kitchen, bathrooms and <T o nook m9 <m Two full bathrooms for family convenience MONOAVI COURT - Large pullmans with cultured marble counter tops. Glamorous plate glass mirrors over pullmans o ` N Decorator light fixtures I �1 KITCHENS 0 Step-saving kitchen designed for easy cooking and cleaning o �g O'Keefe & Merritt eye level range with continuous cleaning,, ovens and automatic pilotless ignition O'Keefe & Merritt dishwasher CALLAWAY COURT N In-Sink-Erator earbaee disoosal o Instant hot water dispenser Laminated plastic countertops fi o Abundant,kitchen storage in beautiful furniture " 9 quality cabinets Plumbed for icemaker Q Large pantries f 1 0 Luminous ceilings OTHER FEATURES STONEY HILL < COURT Forced air conditioning and heating _�� - --I Energy-saving insulation in ceilings and exterior walls, to make your home cooler in summer, warmer in winter Gas connection and outside Vent to dryer �� 0- Fire warning stem s for family - -- -- — Y Y safety Front yard landscaping PORTOLA'. AVENUE 40 gallon energy saving water heaters Each home pre-wired for TV and telephone All exterior doors are weatherstripped * In some homes +* Savings vary. Find out why in the seller's fact sheet on II L Higher R-Values mean greater insulation power. LeWis1 times 00 Continuing a policy of constant research Elm and Improvement, we reserve the right of Prices product, or design change without ' - notice or obligation; eau?�-'!OfU"ING Duplex Plan H — The Mars la Gi[i 'KITC,HEb4 NOOK BED ROOM ( L' BED ROOM - ��„^ NOOK (KITCHEN 2 F M CLG O r ' L �FEf � J Y Q O Si OP �Lu I ```qqq ,5G _ Q J m _ 3 Q �INByI ��pp�� 'PBO: 3 IAAWh�IAIAAM - ',j.x .. 0 3? N LIVING ROOM' ENTRY p �� BED ROOM LIVING ROOM POOCH - PORCH ENTRY UNIT I UNIT 2 BOTH UNITS: LON Two Bedrooms - Two Baths - Large; Sunny E. R" Breakfast Nook - Garage - Carport In,-Home BEDROOM 2 - O GARAGE CAR PORT - ' � Laundry Area. ' /` UNIT ONE UNIT TWO Living area 1,192 sq. ft. 1,074 sq. ft. GARAGE CAR, PORT Garage: 236 sq. ft. - 244 sq. ft. Carport , 243 sq. ft. 236 sq: ft. Covered,porch 77 sq. ft. 64 sq. ft. + Total 1,748 sq ft. 1,620sq; ft e . in arils. : aSt -Continuing a policy of Constant research- and Improvement, we reserve the right of I price, product, or tgsign change''wlthout EQUAL HOUSING notice or'obllgation. OPPORT'I114rry as5;« se . 'ra � 91 '-• •. . •Mv4i� I I'� �'di+�•$YA`hYlfG� u� a iv-�.� "x' 'r .�....--.� r—. ✓'__-�--� Ti x-� - -;j4 y� c'i , "_`r`;; r �r;�t Yl t 'l �•�»s`�.�`�{��I �� ..- The Marsala introduces a relaxed, easy way o/ life. r y Entertainment areas flow together to provide maximum Elevation H-1 use and the kitchen opens to a sunlit breakfastnook that is equally inviting for quiet dinners. Master bedroom suite provides a large, walk-in closet, dressing area and total seclusion. o-sty%tin d't'y�' pg gygpp,� .• v✓,:�j�.� .•�§t�. a '< gIIwN. .�.7•..,3sF�f� a y f�(�(j�s -Y,II .r1,� .�•+,�.'C ti I . .,.�.C^,.-^� t � tW�, 91"11f �{KSS4(S `4 h -� '-�•1 r', "' I I ` I U. I OTT, 'Y " y('y,-., • '..my{-� _ .Sly 3]{ !t Elevation H-2 : "" ^" � All illustrations are artists conceptions �S Copyright 1980 Lewis Homes Duplex Plan G — The Malaga TRASH s STORAGE PATIO GARAGE illllllllllllllllllllillll o w', -- II r l6irvous� - _ DINING ROOM KITCHEN: MASTER - -- ;¢ - SulTE BOTH UNITS: DINING Ili PATIO ROOM Two Bedrooms - Two Baths - Dining Room - LIVING ROOM 0IORESS. __f'w: L � LIVING ROOM I Two-Car Garage - Covered Entryway - UNIT KITCHEN FYp BATH PORCH ENTRY Kitchen. -1 III umnoys aeTnu LAUNMT-, / 22�( UNIT 2 u ENTRY $ nrvL :nao- 'n[vdP� ROOM a C II�� V O ,ce UNIT ONE UNIT TWO AL ■ BATH Living area 1,152 sq. ft. 1,225 sq. ft. — V�j yl ex BEDROOMRED2DM „ 0 - z Garage 451 sq. ft. 431 sq. ft. GARAGE _ - Covered porch 75 sq. ft. 63 sq. ft. ` —— DRESS. 0 MASTER FT SUITE TRASHI Total1,678sq. ft. 1,719sq. ft. r•"s -siiiiiiurriMrilii _ J I G "\ ine ards ast Continuing a pallcy of constant research � and Improvement, we reserve the right off EUIIAI NOUSIP'G Price, product, or design change withp%t OPPORTUNITY notice or obligation. fit' MA _ ,�,., ZZ ti7 .y� e' i2nna-i _.rt� amc "S� ir-5 .r Elevation G-1 The Malaga is the home of the luxury-lover. The master bedroom suite boasts its own dressing area with mirrored vanity and an oversized walk-in closet. The living room is large, airy and opens onto a dining room. The kitchen has been planned to save you steps and provides a pantry and in-home laundry area. � ✓ o.A I F� ji��r< PII��. if - � t:w:.+ti••.N.= . �kt,:�r�.R? ♦ 5 i � �y d � r yy ,rp ._-. - -. '-awe.--a_.:_3 Elevation G-2 All illustrations are wrists conceptions Lewi�Homes Copyright 1980 Lewis Homes Duplex Plan F — The Burgundy TRASH GARAGE . y� we{wJ�oev b ___ ____ ■ 7E11 Lsv sv w DINING L u'-'TNEJ . -'-- o- -- BOTH UNITS: ENTRY PORCH Two Bedrooms - Two Baths - Dining STIR A. LIVING Room - Fully Equipped Kitchen - In-Home ROOM UNIT 2 e? - DINING r� BEORDOM2 Laundry Area Two Car Garage. GARAGE _ BATH ,L --1 _ LIVING DRESS'G \ BATH I z ROOM UNIT I _ DRE55'G y M o� UNIT ONE UNIT TWO 0� ENTRY Living area 1,021 sq. ft. 1,004 sq. ft. BEDROOM 2 BEDROOM I BEDROOM I PORCH Garage 431 sq. ft. 431 sq. ft. . Covered porch 39 sq. ft. 62 sq. ft. Y Total 1,491sq. ft. 1,497sq. ft. e we ards Continuing a policy of constant research and Improvement, we reserve the right of mom Price, product, or design change with,dt L= notice or obligation,, EGUAL HOUSING OPPORTUNITY ;g.. .� �..��� ems ylhi 1u �Iu w The Burgundy stresses desert living the way you have 'Elevation F-1 always wanted it to be. Large backyards and corner lot locations bring sweeping panoramas into each room through windows and glass slider doors. Living and dining rooms are expansive and meant to welcome guests. The builder's art is apparent ih the interior features that include an enclosed laundry area with folding doors, built-in kitchen appliances and fine 64z�' � cabinetry. ���� r. +yam'•_.�i �`�1� 'S'nt^S'+; ,snn � ma T^^r^^."S ¢?y+�2 .3 z' �' ^r•.•• -�,-u�e.rasie�nnNt�t+. �ri�i�nA`a�b'�H[nit�'1fi � N2i�i r\ `' II � .•�"' �.� F� .4"w"�ate^ �X wA"r + ;j .ry, i ts$ t !; P. .e�`,r". , Elevation F-2 LM-, �Af� All illustrations are artists conceptions zwi�1 1y„ es Copyright 1980 Lewis Homes Duplex Plan E — The Tuscany STEP Ij _ STEP uM ao DINING DINING KITCHEN KITCHEN Lla BATH BEDROOM 2 - BEDROOM 2 BATH  BEDROOM 3 l L-_- __ FLl0 REFLINDRY ':�WGS_ R 8 'SP ASP PORCH DRE85G LIVING ROOM MASTER SIJI I'C iLIVING ROOM C UNIT 1 UNIT 2 O PORCH UNIT ONE: MASTER SUITE GARAGE CAR PORT Two Bedrooms - Two Baths - Full Dressing Room - Dining Room - Large Master Suite. .R°�E WH UNIT TWO: Three Bedrooms - Two Baths - Open Enter p - tainment Areas - Covered Porch - Garage GARAGE CAR PORT Carport. UNIT ONE UNIT TWO Living area 1,006 sq. ft. 1,147 sq. ft. Garage 226 sq. ft. 226 sq. ft. Carport 251 sq. ft. 215 sq. ft. Covered porch 55 sq. ft. 55 sq. ft. Total 1,538sq. ft. 1,646 sq. ft. e e ine ards ast Continuing a policy of constant research and Improvement, we reserve the right of price, product, or design change without notice or obligation. EQIIAL HQUSMS OPPOMNITY s �RJ�" _aV �h s ,.,9-ne a- ;: �. .r (. �J t� iy.r' - 'fil. „5 ������ �4�� 1'�� sn'a P.�o,•..'...i. - ,"`.•^� "'"gib"`_"..^ `� -'"' - '�� -: r . The Tuscany glorifies comfortable living through its Elevation E-1 functional floor plan. Fully equipped kitchens with up- to-the-minute appliances offer a pantry and built-in laundry area. Consideration has been given to easy maintenance with carpeting in living areas and no-wax vinyl flooring in heavy traffic spots. The charm of the Tuscany is apparent from the moment you walk through wrought iron entry gates and into your special Vineyards East home. IN cr NEAT Ise .y r �� ' � /L���L.. Wi�IL I <l`Js/s.� � I �Y✓ � �jf i f I�+,� I '..Y"6" �I�+s�� ��� :.h Elevarion E-2 �� `� � Homes .illustrations are artists conceptions Copyright 1980 Lewis Homes Lew Duplex Plan D — The Vintage DWI NOOK NOOK MASTER PATIO PATIO MASTER A KITCHEN KITCHEN MI DU Ia  SUITE SUITE �I pliUMlxousl 0 — -I L__J ---r-7 -�r-� \/ 1w"II DRY IC OPY Ilwvsnl LP �13_J ParviR/ PFrviPv _ ISC JLSP.J BATH BATH ODRIES 2 rnAsry TVAsn 2 ORESS0 ROOM 2 ROOM LIVING ROOM LIVING ROOM UNIT I UNIT 2 PORCH ENTRY ENTRY PORCH CAST, COATS COVERED LII IIIVIIVIE HALLfl GARAGE C RPORTS GARAGE i HALL Ifll19mIl BAITH O BATH BEDROOM 2 BEDROOM 2 DUPLEX-PLN-D BOTH UNITS: Two Bedrooms - Two Baths - Patio - Garage - Carport - Garden Kitchen. UNIT ONE UNIT TWO Living area 1,000 sq. ft. 1,000 sq. ft. Garage 215 sq. ft. 215 sq. ft. Patio 170 sq. ft. 170 sq. ft. Carport 215 sq. ft. 215 sq. ft. Total 1,600 sq. ft. 1,600 sq. ft. ine ards Continuing a policy of constant research p dd and improvement, we reserve the right Of ® `R Price, product, or design change without notice or obligation. EGUAI fiOUniy� CPa6�1T4P' Y . 1 kk -- Z .ter� ,il....iu '.j-^^�.t�JJI� Il illlllu I ail ' �1 ���f 014i1 i, re. Elevation D-1 Classic, contemporary architecture takes a new approach to duplex design with homes joined by patios. The spacious master bedroom suite has a separate dressing area with mirrored vanity. The relation: of indoor-outdoor living is fully realized through glass sliding doors and view-oriented windows. Designerlight fixtures, carpeting and detailing will delight discriminating homebuyers. av � "D� x lltl s� ''arcUl `�_Tg s^yJ 1p- -y:.A �5 J ,✓ �_, I .,�:.F -t11s Elevation D-2 All illustrations are artists conceptions I ewisT A S Copyright 1980 Lewis Homes LeWISTHOR es 1 The Vineyards is an extraordinary Today over 13,000 families live in ff& testimony to the builder's art. It combines homes stamped with the Lewis hallmark " exceptional master planning, an of excellence. Design and floorplans are innovative approach to design and the classic and planned for the way families unprecedented construction quality for live today. Construction and quality recall which Lewis Homes has earned an the pride of craftsmanship artisans knew industry reputation. years ago in creating homes for families Lewis Homes was founded in 1955 who would enjoy them for generations. by Ralph Lewis, an attorney and certified Lewis-built homes in California public accountant and his wife, Goldy. and Nevada have accounted for Lewis Homes was founded on the construction in excess of $400 million commitment that each Lewis homebuyer and the deep respect, not only of Lewis deserved a home that would endure homeowners, but the entire building t through the years, increasing in beauty, industry. Four Lewis sons—Richard, » and serving to engender deep pride in Robert, Roger and Randall—have ownership. completed their education and added their During the past 24 years, Lewis has abilities and convictions to the Lewis kept that commitment. legend. Today they are partners in the -- business, along with Edwin Kimmel, Goldy's brother. The Lewis family's solidarity and deep convictions are felt in The Vineyards and wherever they build. New executives have joined the company because they shared a goal with the Lewis family: leaving a community richer because of the firm's involvement. 1 i i zne ands i c ;tw�- 3 � r rM. Enter the world of The Vineyards. However, when you seek the world, It is a very special village in which to live. it is near at hand. Adjacent to The Thourghout the rich history of Vineyards is the palm-studded campus of California, the choice land of the the College of the Desert. The community community was given over to the college welcomes students seeking an AA vineyards. The site dedicated to the vintage degree or those wishing to brush up on was, by tradition, of inordinate beauty conversational French or to try their talent because the wine masters said seedlings in a drama class. When the sun goes would flourish in such an atmosphere. down, COD offers concerts, lectures, The site of The Vineyards of Lewis exciting theater and opera. The tennis Homes is such an atmosphere. Nature courts and playing field attract the athlete. wrapped the community with majestic mountains and bathed it in year round sunshine. - Nearby College of the Desert cmnpus The vital, bustling business' community of Palm Desert is within College of the Desert tennisco,irts walking distance of The Vineyards with through creative master planning, has dedicated the community to the family who wishes to project its own identity through the home it selects. - Life styles are distinctive. Lewis Homes' planners have set a design theme that is young in spirit yet serves as a conservation of what was the most beauty-conscious era of California the days of Spanish Glory. The exclusive shops of El Pasco Architecture is fresh and banking, brokerage houses, boutiques, invigorating. The classic use of stucco, galleries, theaters and restaurants. tile and wood add a special touch of A regional shopping center is nostalgia. planned and will soon be underway in When you enter The Vineyards, Palm Desert to provide one-stop you enter a world apart from the ordinary. shopping, a community theater, ice skating -_---:- - rink and day care center. Youthful family members are able to walk to elementary and junior high ` schools, the youth center and parks. Palm Desert meets the needs of a growing population with a variety of clubs and organizations, churches, library and The Living Desert Reserve. The Vineyards is an exciting addition to Palm Desert. Lewis Homes, Palm Desert Community Park 4;k AM NEW 44 ,a I e " �,d S T/ e SAE'^ i __- - _� _ y. i i I k I` IN THE CITY OF PALM DESERT, CO NTY OF RIVERSIDE , STATE OF CALIFORNIA ALL OF TRACT 12 .1 81 - 1 PER M.B. 105 PGS. 91 - 93 I' ITI NAL Pw- R IT I ' i j . r _ • i \ _ f 1784 _ ► ' ____�_ __._ ___ ___.__.. ._ _ _ KS R!7 - 5 - 9.00 �� • 4 4i• 2�.D0� 8�.00 �Z 4T N ATI E AP N *17 0 •O01' 8 12 0' 1 t oo'- 125 00' 84 00' - gL•oo ►2 9 00' -- 4 . oo' 4 I.00t - 129.00 320Lorod12 ' t-F- 4I / < + / • r�� /� - I_ � !-__�`�(�'- _- _ \1 �L, r .� 1--- • - I 7. ,J +.• J`r ."-' `�. L- / .-../ O I I V / V (�-QT-J�T Jd t3 <i ,,,'� obi- 3p' J v,ai = O r.,,�� r 6 6G/=�'� 6L1 - �' p' O•� Z 6LJ=� 1 / -TRE e.o - a 0' F tans °�° o _�e`6L - �• • = rb1 + .� 17 1 !" 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'�16•+'',,._ ._. ...... � ._'_ _ ... �.. 1 � _ _ _. ......r ,•:y � , GENERAL NOTES 111 � - 1• E.4.GH t�WEl-t-1►�1G UNfT NAg 1'1'� OWN SEPEfZA`TE ' GAS ANp EI_I=GTRIG ME.TEIZ, ! - rd � E��H C>WEL_�1r�lG► UNIT HAS 1�'T$ OWN SEPERATE SEWEFZ � , LEGAL DESCRIPTION I=��►..1gll.lc�, SYSTEM GONNE,GTEp To A COMMON ExT-E2NA� 4 SEWER L_ATER�iO�L_. y ' PREPARED FORM 3 E.�.c.H pwEL_�I NCa LIMIT HAS t ITS OWN SEPERATE �O, , W.�.TER SHUT oP•� �AL.�/E. L_ OTS I TINROUCGH 31 INCLUSIVE 4• E�CI STING. ZoNING� : R- Z (5� SP A ` W Off- 'TRACT I Z I t31 - 1 AS PE2 - S Q RUTLEDOE WAY J M.o.P REc.o!~t�ti=p IN t�ool� 5. PRoPOSEp ZONINca I 4 Q Io5 0� MAPS P,�GES 91 - EXISTING LAND USE: ��-►PLE�C tNtTS (L uril1� 1�EfZ L_oT) O � 93, O��IGIA� REGoFZps OF' ('� • Z THE GOLIIVT�( Ot='- RIVE2SIC�E, -1• PROPOSE[] LAND USE: SIfVC��E t AMIL_Y ATTAGHEp ( I UNIT PER L_OT) q i 4 � 0 STATE D1= GAL_1�'OF?N IA. - 8, SANJITAF2Y SEWERS: CO�+.G4•iel._L.A �/Af`.LE�{ � �� � � vVATER olsT-R►C-i- ( Ex15T-} i J 80 I WATER : CoAC H ELL-A �/A�..L-ay u I . OCT 6 19 t� STRICT' ( EX( ST) I as AVE. ! LEGEND ENVIRONMENTAL SERVICES ' 10, ELECTRICITY : SoUTNERhI GA1_ F'oRNiA CITY OF PALM DESERT % E-pI SoN COMP,�NY (Ex I ST ) 1, � I 1• TEt_EPHoNE: Ci EN ERAI_ TEt_. PHON1= (I-x.I ST) tc) INpIGATES PRoP•oSEp LOT NUMBERS I CITY OF IZ.- SCI-lopes pISTRIGT, �ESEFZT Nt�S 1 PALM DESERT DEPARTMENT VICINITY MAP INpIG.4TES SUi?I=AGE IpFZA11VAGE ptREc-TION UNIt;'tEp ENVIRONMENTAL 13 STREETS PER CITY oF- PAL_M SERT' STANDARp��• ( EXIST SERVICES ` �••- IN�IGATi`.S PROPGSEp l...OT LINES EXHIBIT 14. ACREAGE: `�. 8 NO. �` I CASE NO. TT (7104 T l v I�j- Tt-IEI�E ARE NO E>CGA�/ATtONS IT"H I f 14-8� PREPARED► BY Ioo� oF' TH1s PRO.�EGT { l�o, ST'c�FZn/l WA"T'><R pRAINAC�E � SU2G'.4GE METNOt]S To t=.�c15T1►�aG� PL�BI- G STREETS (ExIST•� STANLEY C . MOPSE OWNER & LEWIS HOM s CONSULTING CIVIL �ENC31II'�IIEERI3 DEVELOPER : 4.�i- 445 POR�'TOLA AVE. SUITE 1 -A PLANNING ENGINEERING SURVEYING I PALM OESK�T, CALIFORNIA 92260 ' 45445 PORTOLA ' PALM DESERT , CALF. • 92260 " (714) 346 ' 6163 714 - 568- g7�71 WEENE . �. i I i I IN THE- CITY OF PALM DESERT, COUNTY OF RIVERSIDE , STATE OF CALIFORNIA ALL OF TRACT 012161 - 1 PER . 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EXISTING,, ZONING : R- Z (5� SI-- 4 x J � O� TRACT 12181 - 1 AS PE2 Q RUTLEDGE I WAY MAP REGOR�1=p IN BooK 5. PROPOSED ZONING, : R- 2 (5) S.P a t Q l or> o� M,n.PS P.o.GES 91 - �. EXISTING L,ANp USE: �UPL.Ex UI�IITS �Z. ut�11T� PER, t_oT) l) 93, o>=SIC IAA REGORpS OF-' ZRiVEl2Stl�E, =I• PROPOSE6 LANCE USE: SINGLE I=AMILY ATTA� NEL1 CnNr_> MINIUM " Q 0 0 sT.o.TE. ot= G�.I_1 l="oRN t,�• -- - - N z 8, SANITARY SEWERS : COACH ELl__A �/ALLE�{ RECEIVED 0 WATER !]►sTR1C�' ( EXIST ) DEC 1qg� 9 WATER : COAGk-IELLA �/AL..L.E� WATER ENVIIOI�!NII NTr.L s v►�Is 44 AVE. LEGEND �ISTRIGT' ( EX1ST� CITY OF ,PALM C-^•= 10. ELECTRICITY : SoUTNERt�I C�VI F'oRN1A t vr.n Epl SoI�I COMPANY �EX I ST') II . TELL=PHONE.: 4ENERAI_ TE,L.EPHON>=. (ExiST"� Ic> IN�IGATES PROPUSEp UNIT NUME ERS CITY OF PALM DESERT VICINITY MAP 12, sCl-looms �IsTRIc�': pE.sE.RT SAN(�5 plrp�,I2TlESE -� IIVpIGATES SUp?_=AGE C::> AGE pIREGTI�t�! UNIF'lEp OF ENVIRONMENTAL _ I?j• STREETS PER CITY oF' PA!~.•t� DESERT" STAN PA,Pz ( Ex 1 STT ) SERVICES -- INpIGATES PROPOSEp LOT Ir..INES EXHIBIT 14, AC2EAG,E: 9. 8 ± CASE N0. i i I i I - INt�ICATES EXGLWSIVE USE AP.II> MAINTENANCE � , I� TI aEQE ARE NO EXCA�/ATION's WITHIN PREPARED BY l oo' o F' THIS P RO_�EGT SII1IG,LE �AMII-Y ATTA,.GHEp I�p, STora1� WATER t�IZAINAG�E NY' SUIz�AGE ' ool.�poMtNluM METHOpS To E.XIST'IrJG, PUE3L_IC ST2EE.TS (E�cIST-� STANLEY Cm M ' RSE OWNER � LEW 1 S HOMES INpICATES PRoPosE� PHASE Nur.�t13E.Rs DEVELOPER : 45- 445 pORTOLA .AVE. SUITE _1 -A CONSULTING CIVIL ENG NEERS PLANNING - ENGINEERING SURVEYING PALM DESERT , CALIFORNIA 92260 ' 45445 PORTOLA • PALM DESERT , CALIF. 92260 (��4) 346 . 6163 714 - 568'- 2711 EIIII'iM1EER5 •'� I _ I r . � LEWIS H 0 M E '171141kiraiT IKI +1 M7 1 cl 41 F31% L 111 113 1E 13 1E IFI 'lm 13iqi 191113 1E 1%1 1 11311 1E 19 C1 O O O O 0 O O O i 1 i � µ 55 54 43 422 ��.3 �� 41 2 31 30 29 2 0 t 9 18 8 7 6 5 56 17 EA-2 REV EB2 EB - 1 r EA-1 EA- 2 REV " EB-2 EB -1 _ EA- I EA-1 REV ' EB- 1 EB- 2rJ EA-2 EA-2 REV EB -2 EB - 1 �} EA- I HA- 1 REV HB -1 HB - 2 HA - REV REV REV REV r RE 1xOEM ODO LLJ 5 7 502 Lj r 4 , r 4 'h w , , rye�_ Y °" ..` '... .r { �S .'.- { > .• — 'ham._ D P D -2 �I ��I�II� �.'r � � D- D � p -I Q _ i p � 2 ." { 4 D REV REV x REV -2 „ - REV pp REV i r r J �---- 15 I0 46 ) 0 - (� . D- I -- - D- 2 39 34 D - 1 U ---� A 2 REV 3 D-I REV F-- RE V D- 1 REV p- 2 27 p-2 22 RSV U D - I 58 t �� � O D- 2ry O yr l GB EA-1 5 5 U REV 4 7 26 23 > 4 Cn Rf: V f 0 w 38 35 l 2CL FBI f-- F B-2 F B-I - ,` I ., �� F B-2 F B i , � A � F B.2 _ FA R E V REV } FA 1 REV L1.J -2 FA- 1 FA-2 GA-1 49 48 _ _ 37 36 25 24 FA- I Q FA-2 I I 3 2 2 GA- I oil I`---- REV = REV V REV G A- REV U REV EB I ,CI. a — H 8 1 ._ 61 RED - RUTLEDGE WAY RUTLEDGE WAY -Im HA-I REV :' 5 ( Ia i f try ,x i I P 0r PALP.9 P 6E a r i --- -- - _ INDICATES EXCLUSIVE USE AREA DEC O4 1980 ENVIRONMENTAL SERVICES INDICATES PHASE NUMBERS CITY, QFP}-LMDESER-1 1 D INDICAtES UNIT NUMBERS r Q MA%r4L FALLS ROAD- w �_ .. . SITE W N � W- 0I D 1 ,y F _j 1 o a, RANCHO RO —. - - �i �\ 2 AVENUE 44 4 <. i J' Z W / Q Q� STANLEY C . MORSE -. � �----- � CONSULTING ' CIVILENGINEERSVICINITY MAP SHEET I 4F I PLANNING - ENGINEERING - SURVEYING I Malaga Square . 73-255 E1 Paseo . Ste. 8 (71,�) 346-61133 ? t Palm Desert, California 92260 I 4