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HomeMy WebLinkAboutTT 18165 RYWAY PLACE/CONDOS 1982 PRECISE PLAN _ TENTATIVE Tf AC;T ZONE CHANGE PARCEL MAP VARIANCE tJ,I N,P, s co REI-ER TO: 7LtJ APPLICANT' LOCATION : wL , ;.1��� 1 t— U REQUEST: EXISTING ZONE: o PREPARATION PROGRESS m r o i. "-_ DATE BY COMMENTS m APPLICATION RECEIVED - a' LEGAL PUBLICATION SENT NOTICES SENT FIELD- INVESTIGATION DEPTS. NOTIFIED _ BUILDING ENGINEERING DIRE' POLICE RECREATION & PARKS SCHOOL DISTRICT ` DIVISION OF HIGHWAYS FLOOD CONTROL PRELIMINARY MEETING STAFF REPORT FINAL. PLAN APPROVAL PRECISE PLAN (6) LANDSCAPING PLAN (5) PLAN. DIRECTOR MOD. (6) - HEARINGS & ACTIONS DATE ACTION VOTE REVIEW BOARD HEARING P.C. HEARING PUBLISHED RC, PUBLIC HEARING APPLICANT NOTIFIED C.C, PUBLIC HEARING ORDINANCE NO. RESOLUTION NO. EFFE(JiVE DATE - RECORDED FOR DATA- BANK ZONING MAP CORRECTED p i �3r3 ) ^ lee,- h� 4 t r p _ ' ,. GILANO DEVELOPMENT CORPORATION 2772 Main Street,Irvi I California 92714 (714) 7 �� November 9, 1982 V/1?0 f 1982 T1 OF Pq),At S fRV Ramon A. .Diaz OESfRTfS Director of Enviroment Services City of Palm Desert 45275 Prickley Pear Lane Palm Desert, CA. 92260 RE: CC&R's for Tract #18165, Ryway Place, Palm Desert, CA. Dear Mr. Diaz: I would like to have you and the city attorney review article 3.3 on pages 6 and 7 of the attached (2) two. :pages (6 & 7) and hopefully approve. It was not part of original CC&R's because there was a delay in receiving D.R.E. state approval (under seperate cover) and Gilano received copies on October 22, 1982. So, it was not possible to have prior to City Council meeting on October 14, 1982. Please send correspondance to my attention. If you have any questions please call me. Sincerely, � zo George/Parker Construction Manager cc: Dave Erwin; Atty. Attn: Doug Phillips Stan Sawa; City of Palm Desert GP:dm rf . in accepting a deed to a condominium, expressly consents to such easement. However, no such easement can be granted if it would interfere with the use , occupancy or enjoyment by any owner of his unit, any exclusive easements over the common area appurtenant to a condominium unless approved by the vote or written consent of the holders of not less than seventy- five percent (75% ) of the voting rights of each class of mem- bers and their first mortgagees. 3. USE RESTRICTIONS 3 . 1 Residential Use. Units shall be used for residential purposes only. However, for a period of three ( 3 ) years from the date of recordation of this declaration , units owned by declarant may be used by declarant or its designees as models, sales offices and construction offices for the pur- poses of developing, improving and selling condominiums in the development. Nothing in this declaration shall prevent an owner from leasing or renting his condominium. However, any lease or rental agreement shall be in writing and any tenant shall abide by and be subject to all provisions of this Declaration, the Articles, the Bylaws , and the Association rules and any lease or rental agreement must specify that failure to abide by such provisions shall be a default under the lease or rental agreement. Also, except for a motgagee in possession of a condominium following a default in a first mortgage, a foreclosure proceeding or acceptance of a deed or other arrangement in lieu of foreclosure , no owner shall rent, lease or let his condominium for transient or hotel purposes . 3. 2 Commercial Use. Except as otherwise provided in this declaration, including Section 3. 1 , no part of the development shall be used or caused , allowed , or authorized to be used in any way, directly or indirectly, for any business , commercial , manufacturing , mercantile, storing, vending, or other such non-residential purpose. 3. 3 Age . No person under the age of eighteen ( 18 ) may reside (which for purposes herein is defined to mean any occupancy which exceed forty ( 40 ) days out of any sixty (60 ) day period) on a Lot. The occupancy restrictions set forth above are founded upon the Declarant ' s desire to promote and continue the homogeneity and adult-oriented atmosphere within the Project, and upon the realization that the Project, as originally constructed, was not designed to accomodate families with children. Specifically, there are no play- grounds, tot lots or other recreational facilities within the Project. By acceptance of the deed for their respective Lot, oEV�`pel�£Ni i 6 - each Owner hereby acknowledges and agrees that: (a) the foregoing occupancy restrictions are made for the mutual bene- fit of all Owners in the Project and are not based upon nor shall they be invoked in order to discriminate against any person on the basis of race , color, creed, national origin or sex; (b) Declarant cannot and does not represent or warrant that said occupancy restrictions are enforceable at law; and, (c) Declarant shall not be liable for any damages resulting from a judicial determination that any of said occupancy restrictions are unenforceable. 3.4 Maintenance. Each owner of ,a condominium shall be responsible for--maintaining his unit, including the equipment and fixtures in the unit and its interior walls, ceilings, windows and doors in a clean, sanitary, workable and attractive condition. However, each owner has complete discretion as to the choice of furniture, furnishings, and interior decorating; but windows can be covered by drapes or shades and cannot be painted or covered by foil, cardboard, or other similar materials. Each owner also shall be responsible for repair, replacement and cleaning of the windows and glass of his unit, both exterior and interior. Unless otherwise provided in this declaration, each owner shall clean and maintain any exlusive easement appurtenant to his condominium. 3. 5 Oil Drilling. No oil drilling, oil development operations, o—il refining, quarrying, or mining operations of any kind shall be permitted on or in the development, and no oil wells, tanks, tunnels or mineral excavations or shafts shall be permitted on the surface of the development or within five hundred ( 500 ) feet below the sur- face of the development . No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted on the development . 3.6 Offensive Conduct; Nuisances. No noxious or offensive activities , including but not limited to, repair of automobiles or other motorized vehicles, shall be conducted within the development. Nothing shall be done on or within the development that may be or may become an annoyance or nuisance to the residents of the development , or that in any way interferes with the quiet enjoyment of occupants of units . Unless otherwise permitted by the Association rules , no owner shall serve food or beverages, cook, barbecue, or engage in similar activities, except within such owner's unit and except within those portions of the common area subject to exclusive easements appurtenant to such owner's condominium, if any. �I A 3 .7 Parking Restrictions; Use of Garage. Unless otherwise permitted by tb�ard, no autmo ile shall be W parked or left within the development other than within a n rn garage , carport, or assigned or appurtenant parking stall or o CD - 7 - v a = G���J O� � IlIls3Zi 1�C���TP"C�b III 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 October 20, 1982 pE Mr. George Parker r,1 Gilano Development Cor por atior. 2772 Main Street Irvine, CA 92714 Re: CC&R's for Tract 18165 Dear Mr. Parker: This is to inform you that our City Attorney has reviewed and approved the CC&R's for TT 18165. Sinc ti R MON A. DIAZ DIRECTOR OF ENVIRONMENTAL SERVICES RAD/lcr 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 December 20, 1982 Gilano Development Company 2772 Main Street Irvine, CA 92714 Attn: George Parker Re: Revised CC&R's for Tract 18165 Dear George: This is to inform you that our city attorney reviewed and approved the revised Article 3.33 on pages 6 and 7 of the CC&R's for Tract 18165. Should you have any questions, feel free to contact this office. Sincerely, j STAN B. SAWA PRINCIPAL PLANNER SS/lr 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 �d D c ' 91982 iVVIRO December 9 , 1982 ECTTV OF PALM SERVICES PALM DESERT Gilano Development Company 2772 Main Street Irvine, California 92714 Attention : Mr. George Parker Subject : Request for 18 month Time Extension/TT 18165 ,' Gentlemen: At its meeting of December 2 , 1982 , the Palm Desert City Council did approve the subject request . I am enclosing a copy of Resolution No . 82-156 , which indicates this approval . If you should have any questions , please do not hesitate to contact me . Sincerely, SHEILA R. GILLIGAN CITY CLERK SRG/dc Enclosure (as noted) cc : VDamon Diaz , Director of Environmental Services Adams , Streeter and Woolsey Barry McClellan , Director of Public Works RESOLUTION NO. 82-156 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AN 18 MONTH TIME EXTENSION FOR A TENTATIVE TRACT MAP FOR A 13 UNIT CONDOMINIUM PROJECT. CASE NO. TT 18165 WHEREAS, the City Council of the City of Palm Desert, California, did on the 2nd day of December, 1982, hold a hearing to consider the request of GILANO DEVELOPMENT CORPORATION, INC., for approval of an eighteen (18) month time extension of a tentative tract map to allow the construction of 13 condominium units in the R-2 8,000 (4) S.P. zone located on Ryway Place, 250 feet north of Grapevine Street, more particularly described as: Lots 3-7, Tract 2250 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. CUP 07-81 and no further documentation is deemed necessary; WHEREAS, the City Council is empowered to grant time extensions for filing of the final map in Section 26.20.140 of the Palm Desert Municipal Code; and, WHEREAS, the City Council did find the following reasons to exist to justify the granting of said time extension: 1. Granting the time extension will not in any way adversely affect the public health, safety and general welfare. 2. The applicant is not proposing any changes to the project and the situtation in the vicinity of the project is unchanged since the subject tentative tract was originally approved. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Palm Desert, California, as follows: 1. That GILANO DEVELOPMENT CORPORATION, INC., is hereby granted an 18 month time extension of the approval of Tentative Tract Map 18165. 2. That the final map for Tract No. 18165 must be filed prior to June 17, 1984, to preserve the validity of said tract. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, this 2nd day of December, 1982, by the following vote, to wit: AYES: JACKSON, KELLY, PULUQI, SNYDER NOES: WILSON ABSENT: NONE ABSTAIN: NONE RO EO S. PULUQI, Mayor ATTEST: Jy,�A SHEILA R. GILL *CityCity of Palm Deser Ar r I r•' I I CILANO DEVELOPMENT CORPORATION 2772 Main Street,Irvine California 92714 (714)754p6�,7ti07, October 4, 1982 OC` - 8 1982 ENVIRONMENTAL SERVICES CITY OF PALM DESERT Ramon Diaz Director of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 RE: Case No: CUP-07-81 and TT-18165 13 Unit Condo Ryway Place Palm Desert Dear Sir: The above mentioned project (conditional use permit) was approved by Planning Commission on November J, 1981. See attachment. I would like to request tiod QS) month extension because of a delay in obtaining financing and slow economy. I paid the final fees (this date) to Director of Public Works so that we will be on agenda for City Council October 14, 1982 at 7:00 p.m. to vote on final tract map. See attachment. Also, Public Works gave me information regarding cost of bonds. I hope to have bonds in time for the City Council meeting. Any questions please call me. Sinc rely, George ar r� Const uction Manager GP:dm c AIVI7;o/vs off- 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-06II PLANNING COMMISSION MEETING NOTICE OF ACTION Date: November 6, 1981 GILANO DEVELOPMENT CO. ADAMS, STREETER do WOOLSEY 2772 Main St. Civil Engineers, Inc. Irvine, CA 92714 17981 Skypark Circle, Ste M Irvine, CA 92714 CASE NO: CUP 07-81 and TT 18165 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of November 3, 1981. APPROVED BY PLANNING COMMISSION RESOLUTION NO. 753 do 754 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. RECEIVED . , uv 12 1981 RAMON A. DIAZ, SECRETARY PLANNING COMMISSION RAD/lcr cc: CVWD File r CITY OF PALM DESERT 3� Uwe T to ,OVA t3 BONDS �. ITHFUL PERFORMANCE 100 percent of estimated improvement costs � , 9 0 Q • (street improvements, grading, sewer and water and monumentation). '2 ABOR & MATERIALS 50 percent of estimated improvement costs R? (less monument). 3. --FEES �T�bJ.J� 5" = , 89 '60 GRADING 3 percent of estimated grading costs for (Res. No. 79-23) highest amount of either fill or cut. �'. 'FINAL MAP Tract Map: $200 + $6 per lot (Condominiums - 1 lot per dwellinq unit) Parcel MaR: $200 + $25 per lot CHECKING & INSPECTION 3 percent of street improvement, sewer and water costs. '—'PARK 5 percent of latest Riverside County a0praised valuation (or donation of land per special conditions of approval ). 7 SIGNALIZATION Residential : $ 50APAdwe /?A4 Al20a0'' 5 2-5'/. er (Res, No. 79-17) per 9 X/ 3 = Commercial : $500 per 1,000 sq. ft. building area. Industrial : $500 per acre (or per special conditions of approval ). �. DRAINAGE A. $3,200 per acre (areas south of wash off. ) B. $4,800 per acre (areas north of wash). C. $3,600 per acre for areas between I-10 and Frank Sinatra Drive. PARCEL MAP LOT ADJUSTMENT $50 _:X LA .Jp- 61 —� Revised Jul 24 1 82 y 9 3 - r' (:U:Nq r OO ff nommmm nDc&=Mn0q0 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-0611 CC December 21 , 1981 ����� �. Ate✓ k? Gilano Development Company Main Street Irvine, Irvine, California 92714 Subject: Request for Approval of TT 18165, Ryway Place. Gentlemen: At its adjourned meeting of December 17, 1981 , the Palm Desert City Council did approve the subject request by adopting Resolution No. 81-152, as amended. am enclosing a copy of said resolution for your files. If you should have any questions, please do not hesitate to contact me. Sincerely, SHEILA R. GILLIGAN CITY CLERK Enclosure (as noted) cc: Adams Streeter teeter and Woolsey Department of Environmental Services Public Works Department INTEROFFICE MEMORANDUM City of Palm Desert TO: DAVE ERWIN, CITY ATTORNEY FROM: DIRECTOR OF ENVIRONMENTAL SERVICES SUBJECT: CC&R's FO TRACT 18165 DATE: NOVEMBER 1, 1982 You had previously approved the CC&R's for the above tract, however, since that approval the attached pages have been changed and are resubmitted for your review. A ON 0jrIAZ /lr GILANO DEVELOPMENT CORPORATION 2772 Main Street,Irvine California 92714 (714) 754-6707 MM(CLA October 27, 1982 NOV - 1 1982 ENVIRONMENTAL SERVICES CITY OF PALM DESERT Ramon A Diaz Director of Environmental Services City of Palm Desert 45275 Prickly Pear Lane Palm Desert, CA 92660 Re. CC&R's for tract 18165, Ryway Place, Palm Desert, CA Dear Mr. Diaz, I would like to have you and the city attorney review article 3.33 on, pages 6 and 7 of the attached (2) two pages (6 & 7) and hopefully approve. . It was not part of original CC&R's because there was a delay in receiving D.R':E, state approval (under seperate cover) and Gilano received copies on October 22, 1982. So, it was not possible to have prior to city council meeting on October 14, 1982. Please send correspondence to my attention. If you have any questions please call me. Sincerely, George Parker Construction Manager GP:ph cc: :Gary Wynn, Attorney Evelyn Sawicki, First American Title 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 ENt October 20, 1982 wooll C30 � . yo Mr. George Parker yt Gilano Development Corporation 2772 Main Street Irvine, CA 92714 Re: CC&R's for Tract 18165 Dear Mr. Parker: This is to inform you that our City Attorney has reviewed and approved the CC&R's for TT 18165. Sinc , R MON A. DIAZ DIRECTOR OF ENVIRONMENTAL SERVICES RAD/lcr expressly in accepting a deed to a condominium, p Y consents to such easement. However, no such easement can be granted if it would interfere with the use, occupancy or enjoyment by any owner of his unit, any exclusive easements over the common area appurtenant to a condominium unless approved by the vote or written consent of the holders of not less than seventy- five percent (75% ) of the voting rights of each class of mem- bers and their first mortgagees. 3. USE RESTRICTIONS 3 . 1 Residential Use. Units shall be used for residential purposes only. However, for a period of three (3 ) years from the date of recordation of this declaration , units owned by declarant may be used by declarant or its designees as models, sales offices and construction offices for the pur- poses of developing, improving and selling condominiums in the development. Nothing in this declaration shall prevent an owner from leasing or renting his condominium. However, any lease or rental agreement shall be in writing and any tenant shall abide by and be subject to all provisions of this Declaration, the Articles, the Bylaws , and the Association rules and any lease or rental agreement must specify that failure to abide by such provisions shall be a default under the lease or rental agreement. Also, except for a motgagee in possession of a condominium following a default in a first mortgage, a foreclosure proceeding or acceptance of a deed or other arrangement in lieu of foreclosure, no owner shall rent, lease or let his condominium for transient or hotel purposes . 3. 2 Commercial Use. Except as otherwise provided in this declaration, including Section 3. 1 , no part of the development shall be used or caused, allowed , or authorized to be used in any way, directly or indirectly, for any business, commercial , manufacturing, mercantile , storing, vending, or other such non-residential purpose. 3.3 Age. No person under the age of eighteen ( 18 ) may reside (which for purposes herein is defined to mean . any occupancy which exceed forty ( 40) days out of any sixty (60) day period) on a Lot. The occupancy restrictions set forth above are founded upon the Declarant's desire to promote and continue the homogeneity and adult-oriented atmosphere within the Project, and upon the realization that the Project, as originally constructed, was not designed to accomodate families with children. Specifically, there are no play- grounds, tot lots or other recreational facilities within the Project. By acceptance of the deed for their respective Lot, 6 - each Owner hereby acknowledges and agrees that: (a) the foregoing occupancy restrictions are made for the mutual bene- fit of all Owners in the Project and are not based upon nor shall they be invoked in order to discriminate against any person on the basis of race, color, creed, national origin or sex; (b) Declarant cannot and does not represent or warrant that said occupancy restrictions are enforceable at law; and, ( c) Declarant shall not be liable for any damages resulting from a judicial determination that any of said occupancy restrictions are unenforceable. 3.4 Maintenance. Each owner of ,a condominium shall be responsible Tor'maintaining his unit, including the equipment and fixtures in the unit and its interior walls, ceilings, windows and doors in a clean, sanitary, workable and attractive condition. However, each owner has complete discretion as to the choice of furniture, furnishings, and interior decorating; but windows can be covered by drapes or shades and cannot be painted or covered by foil, cardboard, or other similar materials. Each owner also shall be responsible for repair, replacement and cleaning of the windows and glass of his unit, both exterior and interior. Unless otherwise provided in this declaration, each owner shall clean and maintain any exlusive easement appurtenant to his condominium. 3.5 Oil Drilling. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted on or in the development, and no oil wells, tanks, tunnels or mineral excavations or shafts shall be permitted on the surface of the development or within five hundred (500 ) feet below the sur- face of the development. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected , maintained or permitted on the development. 3.6 Offensive Conduct; Nuisances. No noxious or offensive activities , including_ but not limited to, repair of automobiles or other motorized vehicles, shall be conducted within the development. Nothing shall be done on or within the development that may be or may become an annoyance or nuisance to the residents of the development, or that in any way interferes with the quiet enjoyment of occupants of units . Unless otherwise permitted by the Association rules, no owner shall serve food or beverages, cook, barbecue, or engage in similar activities, except within such owner's unit and except within those portions of the common area subject to exclusive easements appurtenant to such owner's condominium, if any. 3 .7 Parking Restrictions; Use of Garage. Unless otherwise permitted by the board, no autmo i e shall be parked or left within the development other than within a garage, carport, or assigned or appurtenant parking stall or 7 - GILANO DEVELOPMENT CORPORATION 2772 Main Street,Irvine California 92714(71454-6707 NOV 1 November 9, 1982 cNylRoN 21982 city Op PAC1V 0stp rvlgs Stan Sawa Director of Environmental Services City of Palm Desert 45275 Prickley Pear Lane Palm Desert, Ca 92260 RE: CC&R's for Tract #18165, Ryway Place, Palm Desert, CA. Dear Mr. Sawa: I would like to have you and the city attorney review article 3.3 on pages 6 and 7 of the attached (2) two pages (6 & 7) and hopefully approve. It was not part of orginal CC&R's because there was a delay in receiving D.R.E. state approval (under separate cover) and Gilano receiving copies on October 22, 1982. So, it was not possible to have prior to City Council meeting on October 14, 1982. Please send correspondance to my attention. If you have any questions please call me. Sincerely, George arker Construction Manager cc: Dave Erwin; Atty. Attn: Doug Phillips Stan Sawa; City of Palm Desert ov GP:dm in accepting a deed to a condominium, expressly consents to such easement. However, no such easement can be granted if it would interfere with the use , occupancy or enjoyment by any owner of his unit, any exclusive easements over the common area appurtenant to a condominium unless approved by the vote or written consent of the holders of not less than seventy- five percent (75% ) of the voting rights of each class of mem- bers and their first mortgagees. 3. USE RESTRICTIONS 3 . 1 Residential Use. Units shall be used for residential purposes only. However, for a period of three ( 3 ) years from the date of recordation of this declaration , units owned by declarant may be used by declarant or its designees as models, sales offices and construction offices for the pur- poses of developing, improving and selling condominiums in the development. Nothing in this declaration shall prevent an owner from leasing or renting his condominium. However, any lease or rental agreement shall be in writing and any tenant shall abide by and be subject to all provisions of this Declaration, the Articles, the Bylaws , and the Association rules and any lease or rental agreement must specify that failure to abide by such provisions shall be a default under the lease or rental agreement. Also, except for a motgagee in possession of a condominium following a default in a first mortgage, a foreclosure proceeding or acceptance of a deed or other arrangement in lieu of foreclosure , no owner shall rent, lease or let his condominium for transient or hotel purposes . 3. 2 Commercial Use. Except as otherwise provided in this declaration, including Section 3. 1 , no part of the development shall be used or caused, allowed, or authorized to be used in any way, directly or indirectly, for any business , commercial , manufacturing, mercantile, storing , vending, or other such non-residential purpose. 3. 3 Age. No person under the age of eighteen ( 18 ) may reside (which for purposes herein is defined to mean any occupancy which exceed forty ( 40 ) days out of any sixty ( 60) day period) on a Lot. The occupancy restrictions set forth above are founded upon the Declarant's desire to promote and continue the homogeneity and adult-oriented atmosphere within the Project, and upon the realization that the Project, as originally constructed, was not designed to accomodate families with children. Specifically, there are no play- grounds, tot lots or other recreational facilities within the Project. By acceptance of the deed for their respective Lot, O D��40p1A6N� 6��" 19g2 Nov � E9 gEC�ty. 6 - each Owner hereby acknowledges and agrees that: (a) the foregoing occupancy restrictions are made for the mutual bene- fit of all Owners in the Project and are not based upon nor shall they be invoked in order to discriminate against any person on the basis of race , color, creed, national origin or sex; (b) Declarant cannot and does not represent or warrant that said occupancy restrictions are enforceable at law; and, ( c) Declarant shall not be liable for any damages resulting from a judicial determination that any of said occupancy restrictions are unenforceable. 3.4 Maintenance. Each owner of ,a condominium shall be responsible for maintaining his unit, including the equipment and fixtures in the unit and its interior walls, ceilings, windows and doors in a clean, sanitary, workable and attractive condition. However, each owner has complete discretion as to the choice of furniture, furnishings, and interior decorating; but windows can be covered by drapes or shades and cannot be painted or covered by foil, cardboard, or other similar materials. Each owner also shall be responsible for repair, replacement and cleaning of the windows and glass of his unit, both exterior and interior. Unless otherwise provided in this declaration, each owner shall clean and maintain any exlusive easement appurtenant to his condominium. 3. 5 Oil Drilling. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted on or in the development, and no oil wells, tanks, tunnels or mineral excavations or shafts shall be permitted on the surface of the development or within five hundred ( 500 ) feet below the sur- face of the development. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected , maintained or permitted on the development . 3.6 Offensive Conduct; Nuisances. No noxious or offensive activities , including but not limited to, repair of automobiles or other motorized vehicles, shall be conducted within the development. Nothing shall be done on or within the development that may be or may' become an annoyance or nuisance to the residents of the development , or that in any way interferes with the quiet enjoyment of occupants of units. Unless otherwise permitted by the Association rules, no owner shall serve food or beverages, cook, barbecue, or engage in similar activities, except within such owner's unit and except within those portions of the common area subject to exclusive easements appurtenant to such owner's condominium, if any. 3.7 Parking Restrictions; Use of Garage. C� (� Unless otherwise permitted the boar a p y no autmo i e shall be � parked or left within the development other than within a o rn garage, carport, or assigned or appurtenant parking stall or Z o W 7 - 5 z, a 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-0611 October 20, 1982 Mr. George Parker 1,1 Gilano Development Corporation 2772 Main Street Irvine, CA 92714 Re: CC&R's for Tract 18165 Dear Mr. Parker: This is to inform you that our City Attorney has reviewed and approved the CC&R's for TT 18165. Since , ,"/ R MON A. DIAZ DIRECTOR OF ENVIRONMENTAL SERVICES RAD/lcr INTEROFFICE MEMORANDUM City of Palm Desert TO: DAVE ERWIN, CITY ATTORNEY FROM: DIRECTOR OF ENVIRONMENTAL SERVICES SUBJECT: CC&R's FOR TRACT 18165 DATE: NOVEMBER 1, 1982 You had previously approved the CC&R's for the above tract, however, since that approval the attached pages have been changed and are resubmitted for your review. XAMONOIDIAZ /lr j . GILANO DEVELOPMENT CORPORATION 2772 Main Street,Irvine California 92714 (714)754-6707 7) rr October 27, 1982 1982 CF Ramoft -A-Diaz- - ' - Director of Environmental Services City of Palm Desert 45275 Prickly Pear Lane Palm Desert, CA 92660 Re. CC&R's for tract 18165, Ryway Place, Palm Desert, CA Dear Mr. Diaz, I would like to have you and the city attorney review article 3.33 on. pages 6 and 7 of the attached (2) two pages (6 & 7) and hopefully approve. It was not part of original CC&R's because there was a delay in receiving D.R.E. state approval (under seperate cover) and Gilano received copies on October 22, 1982. So, it was not possible to have prior to city council meeting on October 14, 1982. Please send correspondence to my attention. If you have any questions please call me. Sincerely, George�Parker72 Construction Manager GP:ph cc; Gary Wynn, Attorney Evelyn Sawicki, First American Title 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92k60 TELEPHONE (714) 346-0611 October 20, 1982 °Evf�°e"ENt Mr. George Parker r,1 Gilano Development CorporationwG 2772 Main Street Irvine, CA 92714 Re: CC&R's for Tract 18165 Dear Mr. Parker: This is to inform you that our City Attorney has reviewed and approved the CC&R's for TT 18165. Sinc A. DIAZ DIRECTOR OF ENVIRONMENTAL SERVICES RAD/lcr y in accepting a deed to a condominium, expressly consents to such easement. However, no such easement can be granted if it would interfere with the use, occupancy or enjoyment by any owner of his unit, any exclusive easements over the common area appurtenant to a condominium unless approved by the vote or written consent of the holders of not less than seventy- five percent (75% ) of the voting rights of each class of mem- bers and their first mortgagees. 3. USE RESTRICTIONS 3 . 1 Residential Use. Units shall be used for residential purposes only. However, for a period of three (3 ) years from the date of recordation of this declaration , units owned by declarant- may be used by declarant :or -its designees as models, sales offices and construction offices for the pur- poses of developing, improving and selling condominiums in the development. Nothing in this declaration shall prevent an owner from leasing or renting his condominium. However, any lease or rental agreement shall be in writing and any tenant shall abide by and be subject to all provisions of this Declaration, the Articles , the Bylaws , and the Association rules and any lease or rental agreement must specify that failure to abide by such provisions shall be a default under the lease or rental agreement. Also, except for a motgagee in possession of a condominium following a default in a first mortgage, a foreclosure proceeding or acceptance of a deed or other arrangement in lieu of foreclosure , no owner shall rent, lease or let his condominium for transient or hotel purposes . 3. 2 Commercial Use . Except as otherwise provided in this declaration, including Section 3. 1 , no part of the development shall be used or caused , allowed , or authorized to be used in any way, directly or indirectly, for any business , commercial , manufacturing, mercantile , storing, vending, or other such non-residential purpose. 3.3 Age. No person under the age of eighteen ( 18) may reside (which for purposes herein is defined to mean any occupancy which exceed forty (40 ) days out of any sixty ( 60) day period) on a Lot. The occupancy restrictions set forth above are founded upon the Declarant' s desire to promote and continue the homogeneity and adult-oriented atmosphere within the Project, and upon the realization that the Project, as originally constructed, was not designed to accomodate families with children. Specifically, there are no play- grounds, tot lots or other recreational facilities within the Project. By acceptance of the deed for their respective Lot, 6 - each Owner hereby acknowledges and agrees that: (a) the foregoing occupancy restrictions are made for the mutual bene- fit of all Owners in the Project and are not based upon nor shall they be invoked in order to discriminate against any person on the basis of race , color, creed, national origin or sex; (b) Declarant cannot and does not represent or warrant that said occupancy restrictions are enforceable at law; and, (c) Declarant shall not be liable for any damages resulting from a judicial determination that any of said occupancy restrictions are unenforceable. 3. 4 Maintenance. Each owner of ,a condominium shall be responsible fob-'maintaining his unit, including the equipment and fixtures in the unit and its interior walls, ceilings, windows and doors in a clean, sanitary, workable and attractive condition. However, each owner has complete discretion as to the choice of furniture, furnishings, and interior decorating; but windows can be covered by drapes or shades and cannot be painted or covered by foil, cardboard, or other similar materials . Each owner also shall be responsible for repair, replacement and cleaning of the windows and glass of his unit , both exterior and interior. Unless otherwise provided in this declaration, each owner shall clean and maintain any exlusive easement appurtenant to his condominium. 3. 5 Oil Drilling. No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted on or in the development, and no oil wells, tanks, tunnels or mineral excavations or shafts shall be permitted on the surface of the development or within five hundred ( 500 ) feet below the sur- face of the development. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected , maintained or permitted on the development. 3.6 Offensive Conduct; Nuisances. No noxious or offensive activities , including but not limited to, repair of automobiles or other motorized vehicles, shall be conducted within the development. Nothing shall be done on or within the development that may be or may become an annoyance or nuisance to the residents of the development, or that in any way interferes with the quiet enjoyment of occupants of units . Unless otherwise permitted by the Association rules , no owner shall serve food or beverages, cook, barbecue, or engage in similar activities , except within such owner's unit and except within those portions of the common area subject to exclusive easements appurtenant to such owner's condominium, if any. 3 .7 Parkin Restrictions; Use of Garage. Unless otherwise permitted by tfie ar , no autmo i e shall be parked or left within the development other than within a garage, carport , or assigned or appurtenant parking stall or 7 - 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-0611 October 20, 1982 Mr. George Parker Gilano Development Corporation 2772 Main Street Irvine, CA 92714 Re: CC&R's for Tract 18165 Dear Mr. Parker: This is to inform you that our City Attorney has reviewed and approved the CC&R's for TT 18165. Sinc , R MON A. DIAZ DIRECTOR OF ENVIRONMENTAL SERVICES RAD/Icr ^'�� I �� �' �� �" �� � ERWIN & ANOERHOLT A PROFESSIONAL LAW CORPORATION DAVID J. ERWIN J.JOHN ANDERHOLT 74-090 EL PASEO TELEPHONE JEFFERY 5,R.PATTERSON POST OFFICE BOX 789 1AF EA`,CODE 714 MICHAEL (( y. DOUGLAS S.PHILLIPS PALM DESERT,CALIFORNIA 92261 ��pl STEPHEN A.SIN DONI �/•� {-I \6�4 ")11FF.�. GREGORY A.SWAJIAN October 11 1982 � NEOMA R.KNITTER /' CHARLES M.ELLIS �_ s LANTSON E.ELDRED 1 � JONAT HAN LANDAUpE E\ ',�, oF.PP Mr. Ray Diaz City of Palm Desert P. 0. Box 1977 Palm Desert, CA 92261 RE:=Tract18165 ANAS VILLAS Dear Ray: I have reviewed the CC&RIs for the above- referenced tract and they appear satisfactory from our standpoint. You very truly, AVID J. ERWIN DJE:st encls . l "and ecording Requested by �+ when Recorded V Mail to: , np GARY M. WYNN; AT�v� ('9j5 -3T/vv 505 N. Arrowhead Av¢¢ , Ste . 400 San Bernardino, CA 92401 7 VAIA V DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR SOMBRA DE MONTANAS VILLAS This declaration is made and will be effective upon the date the last indicated signature is affixed hereto by MICHAEL N. GILANO, a sole proprietor, (hereinafter referred to as Declarant) . Declarant hereby revokes all declarations heretofore executed and recorded and declares that the herein declaration supercedes all such prior declarations. RECITALS: Declarant is the owner of real property located in the City of Palm Desert, County of Riverside, California described as Lot 1 of Tract No. 18165, in the City of Palm Desert, County of Riverside, State of California,_as_Aer_ma10 recorded in Book pages and l County Recorder Riverside County (thi George Parker Declarant has improved or intends to� Construction Manager by constructing improvements on it c units and other facilities in accordi specifications on file with the Cons nia. By this declaration, Declarant plan of condominium ownership. DECLARATION GILANO DEVELOPMENT CORPORATION 2772 Main street,Irvine,California 92774(714)754-6707 Declarant declares that the shall be , held, conveyed, hypothecated, encumbered , leased , rented, used and occupied subject to the following limita- tions, restrictions, easements, covenants, conditions, liens and charges, all of which are declared and agreed to be in furtherance of a plan of condominium ownership as described in California Civil Code, Sections 1350-1360 for the subdivision, improvement, protection, maintenance , and sale of condominiums within the real property, and all of which are declared and agreed to be for the purpose of enhancing, maintaining and - 1 - protecting the value and attractiveness of the real property. A11 of the limitations, restrictions, easements, covenants, conditions, liens and charges shall run with the land , shall be binding on and inure to the benefit of all parties having or acquiring any right, title or interest in the real pro- perty, and shall be binding on and inure to the benefit of the successors in interst of such parties . Declarant further declare that it is the express intent that this declaration satisfy the requirements of California Civil Code , Section 11355. 1 . DEFINITIONS 1 . 1 The "Articles" mean the Association' s Articles of Incorporation and their amendments. 1 . 2 The "Association" means the Condominium Homeowners Association, a California nonprofit corporation, its successors and assigns. 1 . 3 The "Association rules" mean the fules and regulations regulating the use and enjoyment of the common area and recreation area adopted by the board from time to time. 1 .4 The "Board" means the Board of Directors of the Association. 1 . 5 The "Bylaws" mean the Association' s Bylaws and their amendments. 1 .6 The "Common Area" means the entire development except all units as defined in this declaration or as shown on the condominium plan. 1 .7 A "Condominium" means an estate in real property as defined in California Civil Code, Section 783 consisting of an undivided interest as a tenant-in-common in the common area, together with a fee interest in a unit shown and described on the condominium plan. 1 .8 The "Condominium Plan" means the condo- minium plan recorded pursuant to California Civil Code, Sec- tion 1351 respecting the development, and any . amendments to the plan. A copy of the condominium plan is attached as Exhibit A. 1 .9 The "Declarant" means MICHAEL N. GILANO, a sole proprietor, and its successorts and assigns, if such successors and assigns acquire or hold record title to any portion of the development for development purposes. 2 - 1 . 10 The "Development" means the real property divided or to be divided into condominium or owned by the Association, including all structures and improvements on it . 1 . 11 A "Member" means every person or entity who holds a membership in the Association. 1 . 12 A "mortgage" means a mortgage or deed of trust encumbering a condominium or other portion of the 'development. A "mortgagee" shall include the beneficiary under a deed of trust. An "institutional" mortgagee , is a mortgagee that is a bank or savings and loan association or mortgage company or other entity chartered or licensed under federal or state laws whose principal business is lending money on the security of real property, or any insurance company or any federal or state agency. A "first mortgage" or "first mortgagee" is one having priority as to all other mortgages or holders or mortgages encumbering the same condo- minium or other portions of the development. 1 . 13 An "Owner" means each person or entity holding a record ownership interest in a condominium, includ- ing declarant, and contract purchasers under recorded con- tracts. "Owners" shall not include persons or entities who hold an interst in a condominium merely as security for the performance of an obligation. 1 . 14 A "Unit" means the elements of a condo- minium that are not owned in common with the other owners of condominiums in the development, such units and their respec- tive elements and boundaries being shown and particularly described in the condominium plan. In interpreting deeds and plans the existing physical boundaries of a unit or of a unit reconstructed in substantial accordance with the original plans shall be conclusively presumed to be its boundaries rather than the description expressed in the deed or plans , regardless of minor variance between boundaries shown on the plans or in the deed and those of the building and regardless of settling or lateral movement of the building. Whenever reference is made in this declaration in the condominium plan, in any deed or elsewhere to a unit it shall be assumed that such reference is made to the unit as a whole , including each of its component elements, and to any and all exclusive ease- ments appurtenant to such unit over common area, if any. 2. DESCRIPTION OF COMMON INTERESTS, PROPERTY RIGHTS, RIGHTS OF ENJOYMENT AND EASEMENTS 2. 1 Ownershipof Condominium; as, Ownership of each condominium within t e evelopment shall 3 - include a unit, an undivided 1/13 interest in and to the com- mon area, (which undivided interest shall be specified in the deed from declarant to each owner and which undivided interest cannot be altered or changed as long as the prohibition against severability of component interests in a condominium remains in effect as provided in this declaration) , a member- ship in the Association, and any exclusive or non-exclusive easement or easements appurtenant to such condominium over the common area as described in the declaration or the deed. 2.2 Owner Non-Exclusive Easements of Enjoyment, Etc. Every owner of a condominium shall have a non-exclusive easement of use and enjoyment in, to and throughout the common area and for ingress , egrets and support over and through the common area; however, such non-exclusive easements shall be subordinate to, and shall not interfere with, exclusive easements appurtenant to units over the common area, if any. Each such non-exclusive easement shall be appurtenant to and pass with the title to every condominium, subject to the following rights and restrictions: 2.2. 1 The right of the Association to limit the number of guests, and to adopt and to enforce the Association rules. 2.2. 2 The right of the Association to charge reasonable admission and other fees for the use of any unassigned parking and storage spaces situated upon the common area. 2. 2.3 The right of the Association to borrow money to improve, repair or maintain the common area. 2.2.4 The right of the Association to assign, rent, license or otherwise designate and control use of unassigned -parking and storage spaces within the common area (other than those portions subject to exclusive easements appurtenant to units, if any) . 2 .2.5 The right of the Association to suspend the right of an owner to use any of the common area as provided in Section 4.3. 1 . 2 of this declaration. 2.2.6 The right of the declarant or its designees to enter on the development to construct the development and to make repairs and remedy construction defects if such entry shall not interfere with the use of any occupied unit unless authorized by the unit owner. 2.2.7 The right of the Association, or its agents, to enter any unit to perform its obligations under this declaration, including obligations with respect to construction, maintenance or repair for the benefit of the 4 - common area, or the owners in common, or to make necessary repairs that the unit owner has failed to perform. The right shall be immediate in case of an emergency originating in or threatening such unit, whether or not the owner is present. 2. 2.8 The right of any owner, or his representatives, to enter the unit of any other owner to per- form permissible installations, alterations or repairs to mechanical or electrical services, including installation of television antennae and related cables, if requests for entry are made in advance and such entry is at a time convenient to the owner whose unit is being entered except that in case of emergency such right of entry shall be immediate. 2.3 Delegation of Use; Contract Purchasers; Tenants. Any owner may delegate his rights of use and enjoy- ment in the development to the members of his family, his guests, and invitees, and to such other persons as may be permitted by the Bylaws and the Association rules , subject however, to this declaration, to the Bylaws and to the Association rules. Each owner shall notify the secretary of the Association of the names of any contract purchases or tenants of such owner's condominium. Each owner, contract purchaser or tenant also shall notify the secretary of the Association of the names of all persons to whom such owner , contract purchaser, or tenant has delegated any right of use and enjoyment in the development and the relationship that each such person bears to the owner, contract purchaser, or tenant. Any delegated rights of use and enjoyment are subject to suspension to the same extent as are the right of owners. 2.4 Minor Encroachments. if any portion of the common area encroaches on any unit or if any portion of a unit encroaches on the common area, regardless of the cause , a valid easement exists for such encroachment and for the main- tenance of it as long as it remains , and, all units and the common area are made subject to such easements. If any structure containing a unit is partially or totally destroyed and then rebuilt and any encroachment on the common area results, a valid easement exists for such encroachment and for the maintenance of it as long as it remains, and, all units and the common area are made subject to such easements . 2.5 Easements Granted by Association. The Association shall have the power to grant and convey to any third party easements and rights-of-way in, on, over or under the common area for the purpose of constructing, erecting , operating or maintaining lines, cables, wires, conduits, or other devices for electricity, cable television, power, telephone and other purposes, public sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and any similar public or quasi-public improvements or facilities, and each purchaser, - 5 - in accepting a deed to a condominium, expressly consents to such easement. However, no such easement can be granted if it would interfere with the use, occupancy or enjoyment by any owner of his unit, any exclusive easements over the common area appurtenant to a condominium unless approved by the vote or written consent of the holders of not less than seventy- five percent (75%) of the voting rights of each class of members and their first mortgagees. 3. USE RESTRICTIONS 3. 1 Residential Use. Units shall be used for residential purposes only. However, for a period of three ( 3 ) years from the date of recordation of this declafration, units owned by declarant may be used by declarant or its designees as models, sales offices and construction offices for the' pur- poses of developing, improving and selling condominiums in the development. Noting in this declaration shall prevent an owner from leasing or renting his condominium. However, any lease or rental agreement shall be in writing and any tenant shall abide by and be subject to all provisions of this Declaration, the Articles , the Bylaws , and the Association rules and any lease or rental agreement must specify that failure to abide by such provisions shall be a default under the lease or rental agreement. Also, except for a motgagee in possession of a condominium following a default in a first mortgage, a foreclosure proceeding or acceptance of a deed or other arrangement in lieu of foreclosure , no owner shall rent , lease or let his condominium for transient or hotel purposes . 3. 2 Commercial Use. Except as otherwise provided in this declaration, including Section 3. 1 , no part of the development shall be used or caused, allowed, or authorized to be used in any way, directly or indirectly, for any business, commercial , manufacturing, mercantile , storing, vending, or other such non-residential purpose. 3.3 Maintenance . Each owner of a condominium shall be responsible for maintaining his unit, including the equipment and fixtures in the unit and its interior walls, ceilings, windows and doors in a clean, sanitary, workable and attractive condition. However, each owner has complete discretion as to the choice of furniture, furnishings, and interior decorating; but windows can be covered by drapes or shades and cannot be painted or covered by foil, cardboard, or other similar materials. Each owner also shall be responsible for repair, replacement and cleaning of the windows and glass of his unit, both exterior and interior. Unless otherwise provided in this declaration, each owner shall clean and main- tain any exlusive easement appurtenant to his condominium. 3.4 Oil Drilling. No oil drilling, oil development operations , oil refining, quarrying, or mining 6 - operations of any kind shall be permitted on or in the development, and no oil wells, tanks, tunnels or mineral excavations or shafts shall be permitted on the surface of the development or within five hundred ( 500 ) feet below the sur- face of the development. No derrick or other structure designed for use in boring for water, oil,or natural gas shall be erected, maintained or permitted on the development. 3.5 Offensive Conduct; Nuisances. No noxious or offensive activities , including but not limited to, repair of automobiles or other motorized vehicles, shall be conducted within the development. Nothing shall be done on or within the development that may be or may become an angoyance or nuisance to the residents of the development, or that in any way interferes with the quiet enjoyment of occupants of units . Unless otherwise permitted by the Association rules, no owner shall serve food or beverages, cook, barbecue, or engage in similar activities , except within such owner' s unit and except within those portions of the common area subject to exclusive easements appurtenant to such owner's condominium, if any. 3.6 Parking Restrictions; Use of Garage. Unless otherwise permitted by the board, no autmobile shall be parked or left within the development other than within a garage, carport, or assigned or appurtenant parking stall or space. No boat, trailer, recreational vehicle, camper, truck, or commercial vehicle shall be parked or left within the development other than in a parking area designated by the board for the parking and storage of such vehicles. However , parking by commercial vechiles for the purpose of making deliveries shall be permitted in accordance with the Associa- tion rules. Any garages and carports shall be used for park- ing automobiles only and shall not be converted for living or recreational activities. Any garage doors shall remain closed at all times except when being used to enter or exit. Not- withstanding, the Association shall maintain designated areas as guest parking which shall be reserved for the use of visitors whether invitees or licensees who shall from time to time enter upon the development. 3 .7 Signs. No sign of any kind shall be dis- played to the public view on or from any unit or within the common area without the approval of the board, except such signs as may be used by the declarant or its designees for a period of three (3) years from the date of recordation of this declaration, for the purpose of developing, selling and improving condominiums within the development. However, one sign of customary and reasonable dimensions advertising a con- dominium for sale or for rent may be placed within each unit or within the commona area immediately adjacent to it by the owner, the location and design of it to be subject to approval by the board. 7 - 3.8 Antennae, External Fixtures , Etc. No television or radio poles, antennae, flag poles, clotheslines , or other external fixtures other than those originally installed by declarants or approved by the board and any replacements shall be constructed, erected or maintained on or within the common area or any structures on it. No wiring, insulation, air-conditioning, or other machinery or equipment other than that originally installed by declarant or approved by the board, and their replacements shall be constructed , erected or maintained on or within the common area, including any structures on it. Each owner shall have the right to maintain television or radio antennae within completely enclosed portions of his unit. However, if cable television is or becomes available to such owner his right ' to maintain television antennae within completely enclosed portions of his unit shall terminate immediately unless the board continues to authorize their maintenance. 3 .9 Fences , Etc. No fences, awnings, ornamen- tal screens, screen doors, sunshades or walls of any nature shall be erected or maintained on or around any portion of any structure or elsewhere within the development except those that are ,installed in accordance with the original construc- tion of the development, and their replacements or as are authorized and approved by the board. 3 . 10 Animals . No animals, reptiles , rodents , birds, fish, livestock or poultry shall be kept in any unit or elsewhere within the development except that domestic dogs, cats, fish and birds inside bird cages may be kept as house- hold pets within any unit, if they are not kept, bred or raised for commercial purposes. The board can prohibit main- tenance of any animal that constitutes , a nuisance to any other owner in the sole and exclusive opinion of the board . Each person bringing or keeping a pet upon the development shall be absolutely liable to other owners, their family mem- bers, guests, invitees, tenants and contract purchasers , and their respective family members, guests, and invitees for any damage to persons or property caused by any pet brought upon or kept upon the development by such person or by members of his family, his guests or invitees . 3 . 11 Restricted Use of Recreational Vehicles , Etc. No boat, truck, trailer, camper, recreational vehicle or tet shall be used as a living area while located on the development. However, trailers or temporary structures for use incidental to the initial construction of the development or the initial sales of condominiums may be maintained within the development, but shall be promptly removed on completion of all initial construction and all initial sales. 3. 12 Trash Disposal . Trash, garbage or other waste shall be kept only in sanitary containers. No owner - 8 - shall permit or cause any trash or refuse to be kept on any portion of the development other than in the receptacles customarily used for it, which, shall be located only in places specifically designated for such purpose except on the scheduled day for trash pickup. 3. 13 Outside Drying and Laundering. No exterior clothesline shall be erected or maintained and there shall be no exterior drying or laundering of clothes on balconies, patios, porches or other areas. 3. 14 Structural Alterations. No structural alterations to the .interior of or common area surrounding any unit shall be made and no plumbing or electrical work within any bearing or common walls shall be performed by any owner without the prior written consent of the board. 3. 15 Exterior alterations. No owner shall at his expense or otherwise make any alterations- or modifications to the exterior of the buildings, fences, .railings, or walls situated within the development without the prior written con- sent of the board and any institutional first mortgagee whose interest may be affected. 3. 16 Com fiance With Laws, Etc. Nothing shall be done or kept in any unit or in the common area or recrea- tion area that might increase the rate of, or cause the can- cellation of, insurance for the development, or any portion of the development, without the prior written consent of the board. No owner shall permit anything to be done or kept in his unit that violates any law, ordinance, statute, rule or regulation of any local, county, state or federal body. No owner shall allow furniture, furnishings, or other personal belongings to such owner to remain within any portion of the common area except portions subject to exclusive easements over common area appurtenant to such owner's condominium and except as may otherwise be permitted by the board. 3. 17 Indemnification. Each owner shall be liable to the remaining owners for any damage to the common area or recreation area that may be sustained by reason of the negligence of that owner, members of his family, his contract purchasers, tenants, guests or invitees, but only to the extent that acceptance of his deed, agrees for himself and for the members of his family, his contract purchasers, tenants, guests or invitees, to indemnify each and every other owner, and to hold him harmless from, and to defend him against, any claim of any person for personal injury or property damage occurring within the unit of that particular owner and within any exclusive easements over the common area appurtenant to the owner's condominium, unless the injury or damage occurred by reason of the negligence of any other owner or person temporarily visiting in said unit or portion of the common - 9 - area subject to an exclusive easement appurtenant to the con- dominium or is fully covered by insurance. 3. 18 Owner' s Obligation For Taxes . To the extent allowed by law, all condominiums, including their pro rata undivided interest in the common area and the membership of an owner in the Association, shall be separately assessed and taxed so that all taxes , assessments and charges which may become liens prior to first mortgages under local law shall relate only to the individual condominiums and not to the development as a whole. Each owner shall be obligated to pay any taxes or assessments assessed by the county assessor of the county in which the development is located against his condominium and against his personal property. 3. 19 Future Construction. Nothing in this declaration shall limit the right of declarant, its successors and assigns, to complete construction of improvements to the common area and to condominiums owned by declarant or to alter them or to construct additional improvements as declarants deem advisable before completion and sale of the entire development. The rights of declarants in this declaration may be assigned by declarants to any successor to all or any part of any declarants' interest in the development, as developer, by an express assignment incorporated in a recorded deed that transfers any such interest to a successor. 3.20 Enforcement. The failure of any owner to comply with any provision of this Declaration or the Articles or Bylaws shall give rise to a cause of action in the Associa- tion and any aggrieved owner for the recovery of damages or for injunctive relief, or both. 4. THE ASSOCIATION 4. 1 Formation. The Association is a nonprofit corporation formed under the laws of California. On the close and recording of the first condominium sale to an owner, the Association shall be charged with the duties and invested with the powers set forth in the Articles, the Bylaws and this Declaration, including, but not limited to, control and main- tenance of the common area and any facilities on the common area. 4.2 Association Action; Board of Directors and Officers; Members' Approval. Except as to matters requiring the approval of members as set forth in this Declaration, the Articles, or the Bylaws, the affairs. of the Association shall be conducted by the board and such officers as the board may elect or appoint. Such election or appointment shall be in accordance with this Declaration or the Bylaws , and their amendments. Except as otherwise provided in this Declaration, the Articles or the Bylaws, all matters requiring the appro- - 10 - val of members shall be deemed approved if members holding a majority of the total voting rights assent to them by written consent as provided in the Bylaws, or if approved by a majority vote of a quorum of members at any regular or special meeting held in accordance with the Bylaws . 4.3 Powers and Duties of Association. 4. 3. 1 Powers. The Association shall have all the powers of a nonprofit corporation organized under the General Nonprofit Corporation Law of California subject only to such limitations on the exercise of such powers as are set forth in the Articles, the Bylaws and this Declaration. It shall have the power to do any lawful thing that may be authorized, required, or permitted to be done by the Associa- tion under this Declaration, the Articles and the Bylaws, and to do and perform any act that may be necessary or proper for or incidental to, the exercise of any of the express powers of the Association, including, without limitation, the follow- ing: 4.3. 1 . 1 Assessments. The Associa- tion shall have the power to establishTix, and levy assess- ments against the owners and to enforce payment of such assessments, in accordance with the provisions of this decla- ration. However, the approval of members shall be required as to the amounts of all regular and special assessments except as otherwise provided in this Declaration. 4 .3. 1 .2. 1 General Power. The Association in its own name and on its own behalf, or on be- half of any owner who consents , can commence and maintain actions for damages or to restrain and enjoin any actual or threathened breach of any provision of this Declaration or of the Articles or Bylaws, or of the Association rules or any resolutions of the board, and to enforce by mandatory injunc- tion, or otherwise, all of these provisions. In addition, the Association can suspend the voting rights , can suspend use privileges of the common area or can assess monetary penalties against any owner or other person entitled to exercise such rights of privileges for any violation of this Declaration or the Articles, Bylaws , Association rules, or board resolutions. However, any such suspension of use privileges cannot exceed a period of thirty ( 30 ) days for any one violation and any mone- tary penalty cannot exceed Fifty Dollars ($50) for any one violation. Notwithstanding, the Association may not cause any fine or suspension under this section without first delivery or written notice of such fine or suspension to the offending member at least 15 days prior to the effective date of the fine or suspension. Each suspended or fined owner or other person can appeal such action by filing written notice of his intention to appeal with the board at least five (5 ) days I prior to the effective date of the fine or suspension . The action imposing the fine or suspension shall then become ineffective until the fine or suspension is unanimously approved by all board members at a regular or special meeting of the board at which all board members are present. The owner or other person to be fined or suspended can appear., be represented by counsel and be heard at the meeting. Except as provided in this section, the Association does not have the power or authority to cause a forfeiture or abridgement of an owners's right to the full use and enjoyment of such owner's condominium if the owner does not comply with provisions of this Declaration or of the Articles or Bylaws or the Associa- tion rules , except when the loss or forfeiture is the result of a court judgment or arbitration decision or a foreclosure or sale under a power of sale based on failure of the owner to pay assessments levied by the Association. Any act under this section shall be consistent with the California Corporations Code §7341 as amended. 4. 3. 1 . 2.2 Limitation re Enforcement. A monetary penalty be the Association as a disciplinary measure for failure of a member to comply with the governing instruments or as a means of reimbursing the Association for costs incurred by the Association in the repair damage to common areas and facilities for which the member was allegedly responsible or in bringing the member and his subdivision interest into compliance with the governing instruments may not be characterized nor treated in the governing instruments as an assessment which may become a lien against the member' s subdivision interest enforceable by a sale of the interest in accordance with the provisions of Sec- tion 2924, 2924 (b) and 2924 (c) of the California Civil Code . 4. 3. 1 . 2.3 Late Payment Penalties. The provisions of subsection 4. 3. 1 . 2. 2 do not apply to charges imposed against an owner consisting of rea- sonable late payment penalties for delinquent assessments and/or charges reimburse the Association for the loss of interest and for costs reasonably incurred ( including attorney's fees) in its efforts to collect delinquent assess- ments. 4.3. 1 . 3 Delegation of Powers; Professional Management. The Association acting by and t roug the boars can delegate its powers, duties, and responsibilities to committees or employees, including a pro- fessional managing agent ("manager" ) . . Any agreement for pro- fessional management of the development shall be terminable either party with our without cause and without payment of a termination fee on thirty ( 30) days ' written notice. The term of any such agreement shall not exceed one (1) year, although such agreement may be renewed from year to year by the board . If the development is professionally maintained or managed , 12 - the board shall not terminate professional management and assume self-management of the development without the consent of seventy-five percent (75% ) of first mortgagees . 4. 3. 1.4 Association Rules. The board shall have the power to adopt, amend and repeal the Association rules as it deems reasonable. The Association rules shall govern the use of the common area by all owners , or their families, guests, invitees or by any contract pur- chaser, or tenant, or their respective family members, guests or invitees. However, the Association rules shall not be inconsistent with or materially alter any provisions of this Declaration, the Articles, or the Bylaws. A copy of the Association rules as adopted, amended or repealed, shall be mailed or otherwise delivered to each owner and a copy shall be posted in a conspicuous place within the development.. In case of any conflict between any of the Association rules and any other provisions of this Declaration, the Articles , or Bylaws, the conflicting Association rule shall be deemed to be superseded by the provisions of this Declaration, the Articles or the Bylaws. 4. 3.2 Duties of the Association. In addition to the powers delegated to it by its Articles or the Bylaws , and without limiting their generality, the Associa- tion, acting by and through the board, or persons or entities described in Section 4. 3.1.3 , has the obligation to conduct all business affairs of common interest to all owners and to perform each of the following duties: 4 . 3.2. 1 Operation and Maintenance of Common Area. To operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the common area, and all its facilities, improvements, and land- scaping including any private driveways and private streets, and any other property acquired by the Association, including personal property, in a first-class condition and in a good state of repair. In this connection, the Association may enter into contracts for services or materials for the benefit of the Association or the common area, including contracts with declarant. The term of any such service contract shall not exceed one ( 1 ) year and shall be terminable by either party with or without cause and without payment of a termina- tion fee upon thirty (30) days' written notice. 4. 3.2.2 Taxes and Assessments. To pay all real and personal property taxes and assessments and all other taxes levied against the common area, personal pro- perty owned by the Association or against the Association. Such taxes and assessments may be contested or compromised by the Assocation; provided, that they are paid or that a bond insuring payment is posted before the sale or the disposition of any property to satisfy the payment of such taxes. 13 4. 3.2. 3 Water and Other Utilities . To acquire, provide and pay for water, sewer, garbage dispo- sal , refuse and rubbish collection, electrical , telephone, gas and other necessary utility service for the common area, and for condominiums when the condominiums are not separately billed. The term of any contract to supply any of the listed services shall not exceed one ( 1 ) year or , if the supplier is a regulated public utility, the shortest term not to exceed one ( 1 ) year for which the supplier will contract at the applicable regulated rate. 4.3. 2.4 Insurance. To obtain, from reputable insurance companies, and maintain the A nsurance described in Section 8. 4.3.2. 5 Enforcement of Restrictions and Rules. To perform such other acts, whether or not expressly authorized by this Declaration, that may be reason- ably necessary to enforce any of the provisions of this Decla- ration, the Articles and Bylaws, and the Association' s rules and board resolutions. 4. 3.2.6 Enforcement of Bonded Obligations. If the Association is the obligee under a bond or other arrangement ( "bond" ) to secure performance of a commitment of the declarant or its successors or assigns to complete common area improvements , not completed at the time the California Commissioner of Real Estate issues a final sub- division public report for the latest phase of the develop- ment, the board shall consider and vote on the question of action by the Association to enforce the obligations under the bond with respect to any improvement for which a notice of completion has not been filed within sixty (60 ) days after the completion date specified for that improvement in the "planned construction statement" appended to the bond. However, if the Association has given an extension in writing for the comple- tion of any common area improvement, the board shall consider and vote on the action to enforce the obligations under the bond only if a notice of completion has not been filed within thirty (30) days after the expiration of the extension. If the board fails to consider and vote on the action to enforce the obligations under the bond, or if the board decides not to initiate action to enforce the obligations under the bond, then on the petition in writing to the board signed by members of the Association representing not less than five percent (58) of the total voting power of the Association, the board shall call a special meeting of members for the purpose of voting to override the decision of the board not to initiate action or to compel the board to take action to enforce the obligations under the bond. The meeting shall be called by the board by fixing a date not less than thirty-five (35 ) days nor more than forty-five ( 45) days after receipt by the board of said petition and by giving written notice to all owners 14 - entitled to vote in the manner provided in this Declaration or in the Bylaws for notices of special meetings of members of the Association. At the meeting, the vote in person or by proxy of a majority of the owners entitled to vote (other than declarants) in favor of taking action to enforce the obliga- tions under the bond shall be deemed to be the decision of the Association and the board shall then implement this decision by initiating and pursuing appropriate action in the name of the Association. 4.3 . 3 Limitations on Authority of Board. Except with the vote or written assent of members of the Association holding fifty-one percent (51 %) of the voting rights of the Association residing in members other than the declarant, the board shall not take any of the following actions: 4.3. 3. 1 Incur aggregate expenditures for capital improvements to the common area in any fiscal year , in excess of five percent (5% ) of the budgeted gross expenses of the Association for that fiscal year; or 4. 3. 3.2 Sell , during any fiscal year, property of the Association having an aggregate fair market value greater than five percent (5% ) of the budgeted gross expenses of the Association for that fiscal year; or 4. 3.3.3 Pay compensation to members of the board or to officers of the Association for services performed in the conduct of the Association' s business . How- ever, the board may cause a member of the board or an officer to be reimbursed for expenses incurred in carrying on the business of the Association. 4.4 Personal Liability. No member of the board, or of any committee of the Association, or any officer of the Association, or any manager, or declarant , or any agent of declarant, shall be personally liable to any owner, or to any other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error or negligence of any such person or entity if such person or entity has, on the basis of such information as may be possessed by him or it, acted in good faith without willful or intentional misconduct. 4. 5 Organizational Meeting of Members . An organizational meeting shall be held as soon as practicable after incorporation of the Association, and the directors elected then shall hold office until the first annual meet- ing. All offices of the board of directors shall be filled at the organizational meeting. - 15 - 4.6 Re ular Meetin s of Members and Notice . The first annual meeting o mem ers of the Association s all be held within forty-five (45) days after the closing of the sale of the condominium that represents the fifty-first ( 51st ) percentile interest authorized for sale under the first final subdivision public report issued for the development by the California Commissioner of Real Estate , but in no case later than six (6) months after the closing and recording of the sale of the first condominium within the development. There- after, regular meetings of members of the Association shall be held at least once in each year at a time and place within the development as prescribed in the Bylaws or as selected by the board. Special meetings may be called as provided for in the Bylaws. Notice of all members' meetings, regular or special , shall be given by regular mail , personal delivery or telegram to all owners and to any mortgagee who has requested in writ- ing that such notice be sent to it and shall be given not less than ten ( 10) days nor more than thirty ( 30) days before the time of the meeting and shall set forth the place, date, and hour of the meeting, and the nature of the business to be undertaken. . Any mortgagee, through its designated representa- tive, shall be entitled to attend any such meeting but except as provided in Section 14.9 shall not be entitled to vote at the meeting. The presence at any meeting in person or by proxy of members entitled to cast at least fifty percent (50%) of the total votes of all members of the Association shall constitute a quorum. If any meeting cannot be held because a quorum is not present, members representing a majority of the votes present, either in person or by proxy, may adjourn the meeting to a time not less than five (5) days nor more than thirty ( 30 ) days from the date the original meeting was called, at which adjourned meeting the quorum requirement shall be at least twenty-five percent (25% ) of the total votes. Any meeting of members at which a quorum is present may be adjourned for any reason to a time not less than forty- eight (48 ) hours nor more than thirty ( 30) days from the time of such meeting by members representing a majority of the votes present in person or by proxy. As long as a majority of the voting power of the Association resides in the declarant, or as long as there are two outstanding classes of membership in the Association, the election of twenty percent (20%) of the directors (the "specially elected directors") shall be determined at a special election held immediately before the regular election of directors (except in the case of the elec- tion of a specially elected director following removal of his predecessor) . At the duly constituted meeting of members, nominations for the specially elected director shall be made from the floor. When nominations have been closed, the special election shall take place. Declarants shall not have the right to participate in or vote in such special election (although declarant or declarant' s representatives may be present) , and the candidates receiving the highest number of notes up to the number of specially elected directors to be - 16 - for the fiscal year it 'covers , and both shall be distributed to the owners within sixty ( 60) days after the close of the fiscal year. 4.7 .3 Copies of each such balance sheet , operating statement and pro forma operating statement for the Association shall be mailed to any mortgagee who has requested in writing that such copies be sent to it. 4.8 Inspection of Association Books and Records. 4. 8 . 1 Any membership register, books of account and minutes of meetings of the members, the board and committees of the board of the Association, shall be made available for inspection and copying by any member of the Association, or his duly-appointed representative, or any mortgagee, at any reasonable time and for a purpose reasonably related to his interest as a member, at the office of the Association or at such other place within the development as the board prescribes . 4.8.2 The board shall establish by reso- lution reasonable rules with respect to: 4.8. 2. 1 Notice to be given to .the custodian of the records of the Association by the member, representative or mortgagee desiring to make an inspection. 4.8. 2.2 Hours and days of the week when an inspection may be made . 4.8. 2. 3 Payment of the cost of reproducing copies of documents requested by a member or by a representative or mortgagee. 4.8.3 Every director of the Association shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Asso- ciation. The right of inspection by a director includes the right to make extracts and copies of documents. 5. MEMBERSHIP AND VOTING RIGHTS 5. 1 Membership 5. 1 . 1 Qualifications. Each owner of a condominium, including declarants, shall be a member of the Associaiton. No owner shall hold more than one memberhsip in the Association even though such owner may own, or own an interest in, more than one condominium. Ownership of a condo- minium or interest in it shall be the sole qualification for 18 - elected shall be deemed to be the specially elected directors , and their term shall be the same as that of any other direc- tor. Unless members (excluding any voting rights held by declarant) assent by vote or written consent, such specially elected directors cannot be removed. In case of the death, resignation, or removal of a specially elected director, his successor shall be elected at a special meeting of members , and the provisions set forth in this Section respecting the election of a specially elected director shall apply as to the election of a successor. Except as provided in this Declara- tion, the provisions of this Declaration and of the Articles and Bylaws applicable to directors, including their election and removal , shall apply to a specially elected director. 4.7 Financial Statements of the Association. The Board shall prepare , or cause to be prepared, an annual report consisting of a balance sheet, an operating statement , a statement of charges in financial position for the fiscal year, and any information required to be reported under Sec- tion 8322 of the Corporations Code for the Association as of the accounting dates set forth in this Section, and copies of each shall be distributed to each owner within sixty ( 60 ) days after the, accounting dates. Except with respect to the balance sheet and operating statement for the Association pre- pared with respect to the first accounting date and the pro forma budget described in Section 6. 4. 1 . 1 , in any fiscal year in which the gross receipts of the Association exceed Seventy- Five Thousand Dollars ($75,000 .00 ) , the balance sheet and operating statement shall be audited by an independent public accountant. If for any reason the annual report is not audited by an independent public accountant, the report shall contain a statement to that effect signed by an authorized officer of the Association. For those purposes the accounting dates for the preparation of the balance sheet and operating statement are as follows: 4.7. 1 The first accounting date shall be the last day of the month closest in time to six (6) months from the date of closing of the first sale of a condominium within the development. The balance sheet shall be rendered as of that date, and the operating statement shall be rendered for the period commencing with the date of closing of the first sale of a condominium within the development and ending as of the first accounting date. The operating statement for the first six (6) months accounting period shall include a schedule of assessments received or receivable, itemized by unit number and by the name of the person or entity assessed . 4.7.2 The second and subsequent account- ing date shall be last day of the Association's fiscal year (which fiscal year shall be a calendar year unless a different fiscal year is adopted) . The balance sheet shall be rendered as of that date, and the operating statement shall be rendered 17 - membership in the Association. Each owner shall remain a member of the Association until his ownership or ownership interest in all condominiums in the development ceases at which time his membership in the Association shall auto- matically cease. Persons or entities who hold an interest in a condominium merely as security for performance of an obligation are not to be regarded as members . 5. 1 .2 Members ' Rights and Duties. Each member shall have the rights , duties , and obligations set forth in this Declaration, the Articles, the Bylaws and the Association' s rules , as the same may from time to time be amended. 5. 1 . 3 Transfer of Membership. The Association membership of each person or entity who owns , or owns an interest in, one or more condominiums shall be appurtenant to each such condominium, and shall not be assigned, transferred, pledged, hypothecated, conveyed or alienated in any way except on a transfer of title to each such condominium or interest in it and then only to the transferee. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a condominium or interest `in it shall operate automatically to transfer the appurtenant membership rights in the Association to the new owner. 5.2 Voting. 5.2. 1 Number of Votes . The Associa- tion shall have two (2) classes of voting membership: Class A: Class A members are all owners, with the exception of declarant. Each Class A member shall be entitled to one ( 1 ) vote for each condominium in which such class member owns an interest. However, when more than one Class A member owns an interest in a condominium, the vote for such condominium shall be exercised as they themselves determine, but in no case shall more than one ( 1 ) vote be cast with respect to any one condominium. Class B: The Class B members shall be the declarant who shall be entitled to three (3) votes for each condominium owned in the develop- ment with respect to which either a subsidization plan has been approved by the California Depart- ment of Real Estate or assessments are then being levied by the Association. The Class B member- ship shall cease and be converted to Class A membership on the happening of one of the follow- ing events, whichever occurs earlier: 19 - 5.2. 1 . 1 When the total votes out- standing in the Class A membership equal the total votes out- standing in the Class B membership; or 5. 2. 1 . 2 On the second anniversary of the original issuance of the most-recently-issued final sub- division public report for the development by the Commissioner of Real Estate of the State of California; or 5.2. 1 . 3 On September 1 , 1984. 5.2.2 As long as two classes of members in the Association exist, no action by the Association that must have the prior approval of the Association members shall be deemed approved by the members unless approved by the appropriate percentage of both classes of members, except as provided in Section 4 .3. 2.6 of this declaration. 5.2.3 Joint Owner Votes. The voting rights for each condominium may not be cast on a fractional basis. If the joint owners of a condominium are unable to agree among themselves as to how their voting rights shall be cast, they shall forfeit the vote on the matter in question. If any owner exercises the voting right of a particular condo- minium, it will be conclusively presumed for all purposes that he was acting with the authority and consent of all other owners of the same condominium. If more that one ( 1 ) person or entity exercises the voting rights for a particular condo- minium, their votes shall not be counted and shall be deemed void. 5.2.4. 1 General Rights. Election to and removal from the board shall be by cumulative voting, as defined in California Corporations Code , Section 708 . Each owner shall be entitled to vote, in person or by proxy, as many votes as such owner is entitled to exercise as provided .in this Declaration multiplied by the number of directors to be elected or removed , and he may cast all of such votes for or against a single candidate or director, or he may distri- bute them among the number of candidates or directors to be elected or removed, or any two or more of them. The candi- dates receiving the highest number of votes up to the number of board members to be elected shall be deemed elected. As to removal , unless the entire board is removed by a vote of Association members an individual director shall not be removed unless the number of votes in favor of removal satis- fies the requirements of California Corporations Code, Section 303 (a) ( 1 ) . Notwithstanding, so long as there are two out- standing classes of membership in the Association, not less than twenty percent (20%) of the incumbents on the board shall have been elected solely by the votes of the members other than the Declarant. A Director who has been elected to office solely by the votes of members of the Association other than - 20 - the Declarant may be removed from office prior to the expira- tion of his term of office only by the vote of at least a simple majority of the voting power residing in members other than the Declarant. The election or removal of Board members shall be by secret written ballot. 5. 2.4.2 Notice Requirements . Cumu- lative voting in the election of board members shall be pre- scribed for all elections in which more than two positions on the board are to be filled. No member shall be entitled to cumulate votes for a candidate or candidates unless such candidate's name or candidate's names have been placed in nomination prior to the voting and the member has given notice at the meeting prior to the voting of member's intention to cumulate votes. If any one member has given such notice , all members may cumulate their votes for candidates in nomina- tion. 6. ASSESSMENTS 6 . 1 AA reement to Pay. The declarant, for each condominium owned by it in the development that is expressly made subject to assessment as set forth in this Declaration , Covenant and Agree, and each purchaser of a condominium by his acceptance of a Deed, Covenants and Agrees , for each condo- minium owned, to pay to the Association regular assessments and special assessments , such assessments to be established, made and collected as provided in this Declaration. 6. 2 Personal Obligations. Each assessment or installment, together with any late charge, interest, collec- tion costs and reasonable attorneys' fees , shall be the per- sonal obligation of the person or entity who was an owner at the time such assessment, or installment became due and pay- able. If more than one person or entity was the owner of a condominium, the personal obligation to pay such assessment, or installment respecting such condominium shall be both joint and several . The personal obligation for delinquent assess- ments, or delinquent installments and other such sums, shall not pass to an owner' s successors in interest unless expressly assumed by them. No owner may exempt himself from payment of assessments, or installments, by waiver of the use or enjoy- ment of all or any portion of the common area or the recrea- tion area or by waiver of the use or enjoyment of, or by abandonment of, his condominium. 6*1 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the members of the Association, the improvement, replacement, repair, opera- tion and maintenance of the common area and the performance of the duites of the Association as set forth in this Declara- tion. - 21 - 6.4 Assessments. 6 .4. 1 Regular Assessments . 6.4. 1 . 1 Not less than sixty ( 60 ) days before the beginning of each fiscal year of the ASSOcia- tion, the board shall prepare or cause to be prepared a pro forma operating statement or budget for the forthcoming fiscal year and shall distribute a copy thereof to each owner and to each mortgagee which has requested in writing that copies be sent to it. Any owner or mortgagee may make written comments to, the board with respect to said pro forma operating state- ment. The pro forma operating statement shall be prepared consistently with the prior fiscal year's operating statement and shall include adequate reserves for contingencies and for maintenance , repairs and replacement of the common area improvements and other improvements or personal property like- ly to maintenace, repair or replacement, which reserves shall be sufficient to satisfy the requirements of any institutional mortgagee . 6.4. 1 . 2 Not more than sixty ( 60 ) days nor less than thirty ( 30) days before the beginning of each fiscal year of the Association, the board shall meet for the purpose of establishing the regular annual assessment for the forthcoming fiscal year. At such meeting, the board shall review the pro forma operating statement or budget, any writ- ten comments received and any other information available to it and, after making any adjustments that the board deems appropriate, without a vote of the members of the Association, shall establish the regular assessment for the forthcoming fiscal year; provided, however, that the board may not estab- lish a regular assessment for any fiscal year of the Associa- tion which is more than one hundred twenty percent ( 120%) of the regular assessment of the prior fiscal year of the Association (except the first such fiscal year of the Association if it should be less than twelve [ 121 months,) without the approval by vote or written consent of members holding fifty-one percent (51 %) of the voting rights residing in members other than the subdivider. 6.4. 1 .3 Unless the Association or its assessment income shall be exempt from federal or state income taxes, to the extent possible, all reserves shall be accounted for and handled as contributions to the capital of the Association and as trust funds segregated from the regular income of the Association or in such other manner authorized by law or regulations of the Internal Revenue Service and the California Franchise Tax Board as will prevent such funds from being taxed as income of the Association. 6. 4.2 Special Assessments. If the board determines that the estimated total amount of funds necessary - 22 - to defray the common expenses of the Association for a given fiscal year is or will become inadequate to meet expenses for any reason, including, but not limited to, unanticipated delinquencies, costs of construction, unexpected repairs or replacements of capital improvements on the common area, the board shall determine the approximate amount necessary to defray such expenses , and if the amount is approved by a majority vote of the board it shall become a special assess- ment. The board may, in its descretion, pro rate such special assessment over the remaining months of the fiscal year or levy the assessment immediately against each condominium. Unless exempt from federal or state income taxation, all pro- ceeds from any special assessment shall be segregated and deposited into a special account and shall be used solely for the purpose or purposes for which it was levied or it shall be otherwise handled and used in a manner authorized by law or regulations of the Internal Revenue Service or the California Franchise Tax Board in order to avoid, if possible, its taxa- tion as income of the Association. 6 .4. 3 Limitation Respecting Special Assessments. Any special assessment in excess of five percent ( 5% ) o t .e budgeted gross expense of the Association for the fiscal year in which a special assessment is levied shall require approval by vote or written consent of fifty-one per- cent ( 51 %) of the holders of voting rights of each class of members. 6. 5 Uniform Rate of Assessment. Except as otherwise specifically provided in this Declaration, including Sections 4. 3. 1 . 2 , 6. 4. 3 , 9 . 3 and 9.6, regular and special assessments must be fixed at a uniform rate for all condo- miniums and regular and special assessments shall be deter- mined by dividing the amount by the total number of condo- miniums then within the development and subject to assess- ment. 6.6 Assessment Period. The regular assessment period shall commence on January 1 of each year and shall terminate on December 31 of such year, and regular assessments shall be payable in equal monthly installments unless the board adopts some other basis for collection. However , the initial regular assessment period shall commence on the first day of the calendar month following the date on which the sale of the first condominium in that phase to a purchaser is closed and recorded (the "initiation date" ) and shall termi- nate on December 31 of the year in which the initial sale is closed and recorded. The first regular assessment and all special assessments shall be adjusted according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments unless the board adopts some other basis for collection. The Association shall not change the pro rate interest or obligation of any condominium for pur- 23 - section, interest at the rate of seven percent (7% )- per annum, and all costs that are incurred by the board or its authorized representative in the collection of the amounts , including reasonable attorneys ' fees, shall be a lien against such con- dominium upon the recordation in the office of the County Recorder of San Bernardino County of a notice of assessment as provided in California Civil Code, Section 1356. The notice of assessment shall not be recorded unless and until the board or its authorized representative has delivered to the delin- quent owner or owners, not less than fifteen ( 15) days before the recordation of the notice of assessment, a written notice of default and a demand for payment, and unless such delin- quency has not been cured within' said fifteen ( 15 ) day period. The lien shall expire and be void unless, within one ( 1 ) year after recordation of the notice of assessment, the board or its authorized representative records a notice of default as provided hereinafter or institutes judicial foreclosure pro- ceedings with respect to such lien. 7.3 ' Notice of Default; Foreclosure. Not more than one ( 1 ) year nor less than fifteen ( 15) days after the recording of the notice of assessment, the board or its authorized representative can record a notice of default and can cause the condominium with respect to which a notice of default has been recorded to be sold in the same manner as a sale is conducted under California civil -Code , Sections 2924 , 2924b and 2924c, or through judicial foreclosure. However, as a condition precedent to the holding of any such sale under Section 2924c appropriate publication shall be made. In con- nection with any sale under Section 2924c, the board is authorized to appoint its attorney, any officer or director , or any title insurance company authorized to do business in California, as trustee for purposes of conducting the sale. If a delinquency is cured before sale, or before completing a judicial foreclosure, the board or its authorized representa- tive shall cause to be recorded in the office of the county recorder of the county in which the development is located a certificate setting forth the satisfaction of such claim and release of such lien upon payment of actual expenses incurred , including reasonable attorneys . fees by any delinquent owner. During the pendency of any foreclosure proceeding, whether judicial or by power of sale, the owner shall be required to pay to the Association reasonable rent for the condominium and the Association shall be entitled to the appointment of a receiver to collect the rent. On becoming delinquent in the payment of any assessments , or installments each delinquent owner shall be deemed to have absolutely assigned all rent, issues and profits of his condominium to the Association and shall further be deemed to have consented to the appointment of a receiver (which appointment may, at the election of the Association, be enforced by the Association through specific performance) . The Association, acting on behalf of the owners, shall have the power to bid upon the condominium at 25 - poses of levying assessments unless all owners and all insti- tutional first mortgagees have given their prior written con- sent. 6.7 Notice and Assessment Installment Due Dates. A single ten ( 10) day prior written notice of each annual regular assessment and each special assessment shall be given to any owner of every condominium subject to assessment in which the due dates for the payments of installments shall be specified. The due dates for the payment of intallments normally shall be the first day of each month unless some other due date is established by the board. Each installment of regular assessments and special assessments shall become delinquent if not paid within fifteen ( 15) days after its due date. There shall accrue with each delinquent installment a late charge of Fifteen Dollars ( $ 15) together with interest at the rate of seven percent (78 ) per annum calculated from the due date to and including the date full payment is received by the Association. 6.8 Esto pel Certificate . The board or manager, on not less than twenty ( 20) days prior written request, Shall execute, acknowledge and deliver to the party making such request a statement in writing stating whether or not to the knowledge of the Association, a particular owner is in default as to his condominium under the provisions of this Declaration and further stating the dates to which install- ments of assessments, regular or special, have been paid as to such condominium. Any such certificate may be relied on by any prospective purchaser or mortgagee of the condominium, but reliance on such certificate may not extend to any default not involving the payment of assessments of which the signer had no actual knowledge. 7 . COLLECTION OF ASSESSMENTS: LIENS 7 . 1 Right to Enforce. The right to collect and enforce assessments is vested in the board acting for and on behalf of the Association. The board or its authorized representative, including any manager, can enforce the obliga- tions of the owners to pay assessments provided for in this Declaration by commencement and maintenance of a suit at law or in equity, or the board may foreclose by judicial proceed- ings or through the exercise of the power of sale pursuant to Section 7 .2 to enforce the lien rights created. Suit to recover a money judgment for unpaid assessments together with all other amounts described in Section 6. 2 shall be maintain- able without foreclosing or waiving the lien rights . 7 .2 Creation of Lien. If there is a delin- quency in the payment of any assessment , or installment on a condominium, as described in Section 6.7, any amounts that are delinquent, together with the late charge described in that 24 - foreclosure sale and to acquire, hold, lease, mortgage and convey the condominium. 7.4 Waiver of Exemptions . Each owner, to the extent permitted by law, waives, to the extent of any liens created pursuant to this Section 7 , the benefit of any home- stead or exemption laws of California in effect at the time any assessment, or installment, becomes delinquent or any lien is imposed. 8. INSURANCE 8 . 1 Liability Insurance. The Association shall obtain and maintain comprehensive public liability insurance insuring the Association, any manager, the declar- ants and the owners and occupants of condominiums., and their respective family members , guests, invitees , and the agents and employees9 of each, against any liability incident to the ownership or use of the common area and including, if obtain- able, a cross-liability or severability of interest endorse- ment insuring each insured against liablity to each other insured. The limits of such insurance shall not be less than $1 ,000,000 covering all claims for death , personal injury and property damage arising out of a single occurrence. Such insurance shall include coverage against water damage liabil- ity, liability for non-owned and hired automobiles, liability for property of others and any other liability or risk cus- tomarily covered with respect to projects similar in construc- tion. 8.2 Fire and Extended Covera a Insurance. The Association also shall obtain and maintain a master or blanket policy of fire insurance for the full insurable value of all of the improvements within the development. The form, con- tent, and term of the policy and its endorsements and the issuing company must be satisfactory to all institutional first mortgagees . If more than one institutional first mortg- agee has a loan of record against a condominium in the development, the policy and endorsements shall meet the maxi mum standards of the various institutional first mortgagees represented in the development. The policy shall contain an agreed amount endorsement or its equivalent, an increased cost of construction 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 clause or a similar clause to pe rmit cash settle- ment covering full value of the improvements in case of par- tial destruction and a decision not to rebuild. The policy shall provide amounts of coverage as shall be determined by the board. The policy shall name as insured the Association , the owners and declarant, as long as declarant is the owner of any condominium, and all mortgagees as their respective 26 - interests may appear, and may contain a loss payable endorse- ment in favor of the trustee described hereinafter. 8.3 Individual Fire Insurance Limited. Except as provided in this Section, no owner shall separately insure his unit against loss by fire or other casualty covered by any insurance carrier under Section 8.2. If any owner violates this provision, any diminution in insurance proceeds otherwise payable under policies described in Section 8 . 2 that results from the existence of such other insurance , and such owner will be liable to the Association to the extent of any such diminution. An owner can insure his personal property against loss. In addition, any improvements made by an ,owner within his unit may be separately insured by the owner, but the insurance is to be limited to the type and nature of coverage commonly known as "tenant' s improvements ." All such insurance that is individually carried must contain a waiver of subroga- tion rights by the carrier as to other owners , the Associa- tion, declarant and institutional first mortgagee of such con- dominium. 8.4 Trustee. All insurance proceeds payable under Sections 8. 2 and 8.3, subject to the rights of mortgagees under Section 8.8 , 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. Said trustee shall be a commercial bank in the county in which the development is located that agrees in writing to accept such trust. If repair or reconstruction is authorized, the board shall have the duty to contract for such work as provided for in this Declaration. 8.5 Other Insurance. The board may and , if required by any institutional first mortgagee, shall purchase and maintain demolition insurance in adequate amounts to cover demolition in case of total or partial destruction and a deci- sion not to rebuild, and a blanket policy of flood insurance. The board also shall purchase and maintain worker's compensa- tion insurance , to the extent that it is required by law, for all employees or uninsured contractors of the Association. The board also shall purchase and maintain fidelity bonds or insurance (which shall be in an amount not less than 150% of each year' s estimated annual operating expenses and reserves and shall contain an endorsement of coverage of any person who may serve without compensation) sufficient to meet the requirements of any institutional first mortgagee. The board shall purchase and maintain such insurance on personal pro- perty owned by the Association, and any other insurance, that it deems necessary or that is required by any institutional first mortgagee. 8.6 Owner' s Insurance. An owner may carry whatever personal liability and property damage liability 27 - insurance with respect to his condominium that he desires . However, any such policy shall include a waiver of subrogation clause acceptable to the board and to any institutional first mortgagee. 8.7 Adjustment of Losses. 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 Section 8. 1 , 8. 2, and 8.5. The board is granted full right and authority to compromise and settle any claim or enforce any claim by legal action or otherwise and to execute releases in favor of any insurer. 8.8 Distribution to Mortgagees. , Any mortgagee has the option to apply insurance proceeds payable on account of a condominium in reduction of the obligation secured by the mortgage of such mortgagee. 9. DESTRUCTION OF IMPROVEMENTS 9. 1 Destruction; Proceeds Exceed 85% of Reconstruction Costs. If there is a total or partial destruc- tion of the improvements in the development, and if the avail- able proceeds of the insurance carried pursuant to Section 8 are sufficient to cover not less than eighty-five percent (85%) of the costs of repair and reconstruction, the improve- ments shall be promptly rebuilt unless , within ninety ( 90 ) days from the date of destruction, members then holding at least seventy-five percent (75%) of the total voting power of each class of members present and entitled to vote, in person or by proxy, at a duly constituted meeting, determine that such repair and reconstruction shall not take place. If repair and reconstruction is to take place, the board shall be required to execute, acknowledge and record in the office of the San Bernardino County recorder not later than one hundred twenty ( 120) days from the date of such destruction, a certi- ficate declaring the intention of the members to rebuild. 9 .2 Destruction; Proceeds Less than 85% of Reconstruction Costs . If the proceeds of insurance are less than eig ty- ive percent (85%) of the costs of repair and reconstruction, repair and reconstruction may nevertheless take place if, within ninety ( 90) days from the date of destruction, members then holding at least fifty-one percent (51 %) of the total voting power of each class of members pre- sent and entitled to vote, in person or by proxy, at a duly constituted meeting, determine that such repair and recon- struction shall take place. If repair and reconstruction is to take place, the board shall execute, acknowlege and record in the office of the San Bernardino County recorder not later than one hundred twenty ( 120) days from the date of such destruction a certificate declaring the intention of the mem- bers to rebuild. - 28 - 9. 3 Rebuilding Procedures . If the members determine to rebuild, pursuant to Sections 9. 1 or 9.2, each owner shall be obligated to contribute his proportionate share of the cost of reconstruction or restoration over and above the available insurance proceeds. The proprotionate share of each owner shall be equal to the ratio of the square footage of 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 the condominium of such owner which may be enforced under the lien provisions contained in Section 7 or in any other manner provided in this Declaration. If any owner disputes the amount of his proportionate liability under this Section, such owner may contest the amount of his liability by submitting to the board within ten ( 10 ) days after notice to the owner of his share of the liability written objections supported by cost estimates or other information that the owner deems to be material and may request a hearing before the board at which he may be repre- sented by counsel. Following such hearing, the board shall give written notice of its decison to all owners, including any recommendation that adjustment be made with respect to the liability of any owners. If such adjustments are recommended, the notice shall schedule a special meeting of members for the purpose of acting upon the board 's recommendation, including making further adjustments , if deemed by the members to be necessary or appropriate. All adjustments shall be affirmed or modified by a majority of the total voting power of each class of members. If no adjustments are recommended by the board , the decision of the board shall be final and binding on all owners, including any owner filing objections. 9.4 Rebuilding Contract. If the members determine to rebuild, the board or its authorized repre- sentative shall obtain bids from at least two reputable contractors and shall award the repair and reconstruction work to the lowest bidder. The board shall have the authority to enter into a written contract with the contractor for such repair and reconstruction, and the insurance proceeds held by the trustee shall be disbursed to the contractor according to the terms of the contract. 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 date. 9.5 Rebuilding Not uthorized. If the members determine not to rebuild, then, subAject to the rights of mortgagees under Section 8.81 any insurance proceeds then available for such rebuilding shall be distributed to the owner of each condominium in proportion to his respective interest predicated on the relative fair market basis of his condominium at the time of the destruction. The appraisal shall be performed by an independent real estate appraiser according to customary standards and practices. The board - 29 - shall have the duty, within one hundred twenty ( 120 ) days from the date of such destruction, to execute, acknowledge and record in the office of the County Recorder of said County, a certificate declaring the intention of the members not to rebuild. 9.6 Minor Repair and Reconstruction. The board shall have the duty to repair and reconstruct improve- ments, without the consent of members and irrespective of the amount of available insurance proceeds, in all cases of par- tial destruction when the etimated cost of repair and recon- struction does not exceed Twenty Thousand Dollars ($20 ,000 ) . The board is expressly empowered to levy a special assessment for the cost of repairing and reconstructing improvements to the extent insurance proceeds are unavailable , such assessment to be levied as described in Section 9.3 (but without the con- sent or approval of members, despite any contrary provisions in this Declaration) . 9.7 Revival of Ri hn t to Partition. On recor- dation of a certificate escribed i Section 9.5, the right of any owner to partition through legal action as described in Section 11 shall revive immediately. 10. CONDEMNATION 10. 1 Sale by Unanimous Consent. If an action for condemnation of all or a portion of the development is proposed or threatened by any governmental agency having the right of eminent domain, then, on unanimous written consent of all of the owners and after written notice to all mortgagees, the development, or a portion of it may be sold by the board acting as irrevocable attorney-in-fact of all of 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 condominiums in the development. 10. 2 Distribution of Proceeds of Sale . On a sale occurring under Section 10. 1 , the proceeds shall be distributed to the affected owner and the mortgagees of each affected condominium as their respective interests may appear in proportion to each owner' s respective interest predicate on the relative fair market basis of his condominium as deter- mined by independent appraisal in accordance with standard real estate appraisal procedures and practices. 10.3 Distribution of Condemnation Award. If the development, or a portion of it, is not sold but is instead taken, the judgment of condemnation shall by its terms apportion the award among the owners and their respective mortgagees on a relative fair market basis . 10.4 Revival of Right to Partition. On sale - 30 - or on taking that renders more than fifty percent (50%) of the units in the development uninhabitable, the right of any owner to partition through legal action shall revive immediately. 11 .' PARTITION 11 . 1 Suspension. The right partition is suspended pursuant to California Civil Code, Section 1354 as to the development. Partition of the development can be had on a showing that the condition for such partition as stated in Section 9 .7 or in Section 10. 4 have been met. Nothing in this Declaration shall prevent partition or division of interest between joint or common owners of any condominium. 11 .2 Distribution of Proceeds. Proceeds or property resulting from a partition s al be distributed to and among the respective owners and their mortgagees as their interests appear in proportion to each owner' s respective per- centage on a relative fair market basis. 11 .3 Power of Attorney. Pursuant to Califor- nia Civil Code, Section 1355(b) (9 ) , each of the owners hereby grants the Association an irrevocable power of attorney to sell the development for the benefit of the owners when parti- tion can be had. Exercise of said power is subject to the approval of members and their institutional first mortgagees . 12. NON-SEVERABILITY OF COMPONENT INTERESTS IN A CONDOMINIUM 12. 1 Prohibition Against Severance. An owner shall not be entitled to sever his unit in any condominium 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 condominium can be severally sold, conveyed, encumbered, hypothecated or otherwise dealt with, and any violation or attempted violation of this pro- vision shall be void. Similarly, no owner can sever any exclusive easement appurtenant to his, unit over the common area from his condominium, and any attempt to do so shall be void. The suspension of such right of severability will not extend beyond the period set forth in Section 11 respecting the suspension of partition. It is intended hereby to restrict severability pursuant to California Civil Code , Sec- tion 1355(g) . 12.2 Conveyances. After the initial sales of the condominiums, any conveyance of a condominium by an owner shall be presumed to convey the entire condominium. However, nothing contained in this section shall preclude the owner of any condominium from creating a cotenancy or joint tenancy in the ownership of the condominium with any other person or per- sons . - 31 - 13. TERM OF DECLARATION This Declaration shall run with the land, and shall continue in full force and effect for a period of fifty ( 50 ) years from the date on which this declaration is executed. After that time, this Declaration and all Cove- nants, Conditions , Restrictions and other provisions shall be automatically extended for successive ten ( 10 ) year periods unless this Declaration is revoked by an instrument executed by owners and their respective institutional first mortgagees of not less than three-fourths (3/4 ) of the con- dominiums in the development and recorded in the office of the county recorder of the county in which the levelopment is located. 14. PROTECTION OF MORTGAGEES 14. 1 Mortgage Permitted. Any owner may encumber his condominium with a mortgage. 14.2 Subordination. Any lien created or claimed under the provisions of this Declaration is expressly. made subject and subordinate to the rights of any mortgage that encumbers all or a portion of the develop- ment, or any condominium, made in good faith and for value , and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of such mortgage unless the mortgagee expressly subordinates his interest , in writ- ing, to such lien. 14. 3 Amendment. The prior written consent of seventy-five percent ( 75%) of the holders of all first mortgagees (based upon one vote for each mortgage held ) shall be required to any material amendment to this Decla- ration, to the Articles or to the Bylaws. As used in this section 14 .3, the term "any material amendment" is defined to mean amendments to provisions of this Declaration, to the Articles or to the Bylaws governing the following sub- jects: 14. 3. 1 The purpose for which the development may be used; 14. 3. 2 Voting; 14.3.3 Assessments , collection of assessments, creation and subordination of assessment liens; 14.3.4 Reserves for repair and replacement of common area improvements; 14. 3. 5 Maintenance of common area and improvements thereon; 32 - 14.3. 6 Casualty and liability insurance; 14. 3.7 Rebuilding or reconstruction of common area and improvements thereon, in the event of damage or destruction; 14. 3.8 Rights of use to and in the common area; and 14. 3.9 Any provision, which by its terms, is specifically for the benefit of first mortgagees, or specifically confers rights on first mortgagees . 14.4 Restrictions on Certain Changes. Unless seventy-five percent (75%) of first mortgagees of condominiums have given their prior written approval, neither the Associa- tion nor the owners shall be entitled: 14.4. 1 by act or omission to seek to abandon or terminate the condominim project, except for abandonment provided by statute in case of sub- stantial loss to the units and common area; 14.4.2 to change the method of determin- ing the obligations, assessments, dues or other charges which may be levied against an owner, or to change the pro rata interest or obligations of any condominium for purposes of levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards or for determining the pro rata share of ownership of each owner in the common area; 14. 4.3 to partition or subdivide any unit; 14.4.4 by act or omission to seek to abandon, partition, subdivide, encumber, sell or transfer the common area. The granting of easements for public utilities or for other public purposes consistent with the intended use of the common area by the Association or the owners shall not be deemed to be a transfer within the meaning of this clause. 14.4.5 to use hazard insurance proceeds for losses to units or common area improvements in the development, or to any other Association pro- perty, for other than the repair, replacement or reconstruction of such improvements or property except as provided by statute in case of substantial loss to the units or common area of the develop- ment. 33 - 14.4.6 by act or omission to change, waive or abandon the provisions of this Declaration, or the enforcement thereof, pertaining to architec- tural design or control of the exterior appearance of structures in the development, the maintenance of the common area, walks or fences and driveways, or the upkeep of lawns and planting in the develop- ment. 14. 5 Right to Examine Books and Records. Institutional first mortgagees can examine the books and records of the Association or the condominium project and can require the submission of financial data concerr}ing the Asso- ciation or the condominium project, including annual audit reports and operating statements as furnished to the owners . 14.6 Distribution of Insurance and Condemna- tion Proceeds. No owner, or any other party, shall have priority over any right of institutional first mortgagees of condominiums pursuant to their mortgages in case of a distri- bution to owners of insurance proceeds or condemnation awards for losses to or a taking of units or common area. Any pro- vision to. the contrary in this Declaration or in the Bylaws or other documents relating to the development is to such extent void. All applicable fire and all physical loss or extended coverage insurance policies shall contain loss payable clauses acceptable to the affected institutional first mortgagees naming the mortgagees, as their interests may appear. 14.7 Amenities . All amenities (such as park- ing and service areas) and common area shall be available for use by owners and all such amenities with respect to which regular or special assessments for maintenance or other uses may be levied shall constitute common area. All such ameni- ties shall be owned in fee by the owners in undivided interests or by the Association free of encumbrances except for any easements granted for public utilties or for other public purposes consistent with the intended use of such pro- perty by the owners or by the Association. 14.8 Notices to Mortgagees of Record. Upon any loss to any unit covered by a mortgage, if such loss exceeds One Thousand Dollars ($1000 ) , or on any loss to the common area, if such loss exceeds Ten Thousand Dollars ($10,000 ) , or on any taking of the common area, notice in writing of such loss or taking shall be given to each mortgagee of record. If any owner of a unit is in default under any provision of these Covenants, Conditions and Restrictions, or under any provision of the Bylaws or the Association rules, which default is not cured within thirty ( 30 ) days after written notice to such owner, the Association shall give to the mortgagee of record of such owner written notice of such default and of the fact that said thirty ( 30 ) day period has expired. 34 - 14.9 Voting Rights on Default. In case of default by any owner in any payment due under the terms of any institutional first mortgage encumbering such owner's condo- minium, or the promissory note secured by the mortgage, the mortgagee or his representative, on giving written notice to such defaulting owner or owners, and placing of record a notice of default, is hereby granted a proxy and can exercise the voting right of such defaulting owner attributable to such condominium at any regular or special meeting of the members held during such time a such default may continue. 14. 10' Payments by Mortgagees. Mortgagees of condominiums may, jointly or singularly, 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 common area improve- ments or other insured property of the Association and , upon, making any such payments, such mortgagees shall be owed immediate reimbursement therefor from the Association. This provision shall constitute an agreement by the Association for the express benefit of all mortgagees and upon request of any mortgagee' the Association shall execute and deliver to such mortgagee a separate written agreement embodying the provi- sions of this Section 14. 10. 14. 11 Effect of Breach . No breach of any pro- vision of these Covenants, Conditions and Restrictions shall invalidate the lien of any mortgage in good faith and for value, but all of Covenants, Conditions and Restrictions shall be binding on any owner whose title is derived through fore- closure sale, trustee's sale, or otherwise. 14. 12 Foreclosure. If any condominium is encumbered by a mortgage made good faith and for value, the foreclosure of any lien created by any provision set forth in this Declaration for assessments, or installments of assess- ments, shall not operate to affect or impair the lien of the mortgage. On foreclosure of the mortgage, the lien for assessments, or installments , that has accrued up to the time of foreclosure shall be subordinate to the lien of the mortgage, with the foreclosure-purchaser taking title to the condominium free of the lien for assessments, or installments , that has accrued up to the time of the foreclosure sale . On taking title to the condominium the foreclosure-purchaser shall only be obligated to pay assessments or other charges levied or assessed by the Association after the foreclosure- purchaser acquired title to the condominium. The subsequently levied assessments or other charges may include the foreclosure-purchaser, and his successors and assigns are required to pay their proportionate share as provided in this section. - 35 - 14. 13 Non-Curable Breach. Any mortgagee who acquires title to a condominium by foreclosure or by deed in lieu of foreclosure or assignment-in-lieu of foreclosure shall not be obligated to cure any breach of this Declaration that is non-curable or of a type that is not practical or feasible to cure. 14. 14 Loan to Facilitate. Any mortgage given to secure a loan to facilitate the resale of a condominium after acquisition by foreclosure or by a deed-in-lieu of fore- closure or by an assignment-in-lieu of foreclosure shall be deemed to be a loan made in good faith and for value and entitled to all of the rights and protections of this Section 14. 14. 15 Appearance at Meetings . Because of its financial interest in the development, any mortgagee may appear (but cannot vote except under the circumstances set forth in Section 14.9) at meetings of the members and the board to draw attention to violations of this Declaration that have not been corrected or made the subject of remedial pro- ceedings or assessments. 14. 16 Riahfot to Furnish Information. Any mortgagee can furnish inrmation to the board concerning the status of any mortgage. 14. 17 Inapplicability of Right of First Refusal to Mortgagee. No right of first refusal or similar restriction on t e right of an owner to sell , transfer or otherwise convey the owner's condominium shall be granted to the Association without the written consent of any mortgagee of the condominium. Any right of first refusal or option to purchase a unit that may be granted to the Association (or other person, firm or entity) shall not apply to any convey- ance or transfer of title to such condominium, whether volun- tary or involuntary, to a mortgagee which acquires title to or ownership of the unit pursuant to the remedies provided in its mortgage or by reason of foreclosure of the mortgage or deed . or assignment in lieu of foreclosure. 14. 18 Contracts with Declarant . Any agreement between the Association and declarant pursuant to which the declarant agrees to provide services shall provide for termi- nation by either party without cause or, payment of a termina- tion fee on thirty ( 30 ) days written notice and shall have a maximum contract term of one ( 1 ) year; provided that the board can renew any such contract on a year-to-year basis . 36 - 14. 19 Requirements of The Mortgage Corpora- tion. 14. 19. 1 For purposes of this Declaration, "The Mortgage Corporation" shall mean and refer to the Federal Home Loan Mortgage Corporation. 14. 19.2 Declarant desires that loans secured by mortgages encumbering condominiums within the development qualify with requirements of The Mortgage Corpora- tion. 15. AMENDMENT 15. 1 Amendment Before the Close of First Sale. Before the close of the first sale of a condominium in the development to a purchaser other than declarants , this Decla- ration and any amendments to it may be amended in any respect or revoked by the execution by declarant and any mortgagee of record of an instrument amending or revoking the Declaration. The amending or revoking instrument shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the office of the county recorder of the county in which the development is located. 15. 2 Amendment After Close of First Sale. After the close of the first sale of a condominium in the development to a purchaser other than declarant, this Declara- tion may be amended or revoked in any respect by the vote or written consent of the holde rs seventy-five of not less than e y percent ( 75%) of the voting rights of each class of members. However, if any provision of this Declaration requires a greater or lesser percentage of the voting rights of any class of members in order to take affirmative or negative action under such provision, the same percentage of such class or classes of members shall be requried to amend or revoke such provision. Also, if the consent or approval of any governmen- tal authority, mortgagee or other person, firm, agency or entity is required under this Declaration with respect to any amendment or revocation of any provision of this Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained. Any amendment or revo- cation subsequent to the close of such first sale shall be evidenced by an instrument certified by the Secretary or other duly authorized officer of the Association and shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the office of the county recorder of the county in which the development is located. - 37 - 15. 3 Conflict with Section 14 or Other Provi- sions of this Declaration. To the extent any provisions of this Section 15 conflict with the provisions of Section 14 or Declaration, except those con- any other provision of this tained in Section 15.4, the provisions of Section 14 or the other provisions shall control. 15.4 Business and Professions Code Section 11018.7. All amendments or revocations of this Declaration shall comply with the provisions of California Business and Professions Code, Section 11018.7 to the extent said Section is applicable. 15. 5 Reliance on Amendments . Any amendments made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith . 15.6 Amendments to Conform with Mortgagee Requirements. It is the intent of declarant that this Decla- ratio� n and the Articles and Bylaws of the Association, and the development in general , shall now and in the future meet all requirements necessary to purchase, guarantee, insure or sub- sidize any mortgage of a condominium in the development by the Federal Home Loan Mortgage Corporation. In furtherance of that intent, declarants expressly reserve the right and shall be entitled by unilateral amendment of the Declaration so long as declarant owns more than twenty-five percent (25%) of the condominiums in the development to amend this Declaration in order to incorporate any provisions or to enter into any agreement on behalf of and in the name of the Association that are, in the opinion of the cited entities , required to conform the Declaration, the Articles, the Bylaws or the development to the requirements of any of the entities and any other agreement sufficient to satisfy the requirements for mortgage purchase, guarantee or insurance by said entities . Declarant is hereby granted an irrevocable power of attorney to execute any such amendment or agreement by and in the name of the Association. Any such provision shall first be approved by the California Department of Real Estate in connection with its issuance of a final subdivision public report or amendment to it with repsect to the development. Each owner of a condominium and each mortgagee of a condominium consents to the incorporation in this Declaration of any such provisions and to the execution of any amendment or regulatory agreement and agrees to be bound by any such provisions as if they were incorporated in this Declaration. The board and each owner shall take any action or shall adopt any resolutions required by declarant or any mortgagee to conform this Declaration or the development to the requirements of said entities. 38 - 15.7 Approval by Riverside County Planning Department. Notwithstanding any amendment of these covenants, conditions and restriction which shall alter the maintenance responsibilities of the Homeowners Association or this para- graph shall not be amended without approval by the Riverside County Planning Department. 16. GENERAL PROVISIONS 16. 1 Headings . The headings used in this Declaration are for convenience only and are not to be used to interpret the meaning of any of the provisions of this Decla- ration. 16. 2 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provisions or provisions of it shall not invalidate any other provisions. 16.3 Cumulative Remedies. Each remedy pro- vided for in this Declaration shall be cumulative and not exclusive. Failure to exercise any remedy provided for in this Declaration shall not, under any circumstances, be con- strued as a waiver thereof. 16. 4 Violations as Nuisance . Every act or omission in violation of the provision of this Declaration shall constitute a nuisance and, in addition to all other remedies herein set forth, may be abated or enjoined by any owner , any member of the board, the manager, or the Associa- tion. 16.5 No Racial Restriction. No owner shall execute or cause to be recorded any instrument which imposes a restriction upon the sale , leasing or occupancy of his lot on the .basis of race, sex, color or creed. 16. 6 Access to Books. Any owner may, at any reasonable time and upon reasonable notice to the board or manager at his own expense, cause an audit or inspection to be made of the books and financial records of the Association. 16.7 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision thereafter. 16.8 Notification of Sale of Condominium. Concurrently with the consummation of the sale of any 39 - condominium 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 such sale. Such notification shall set forth the name of the transferee and his mortgagee and transferor, the common address of the condominium purchased by the transferee, the transferee's and the mortgagee' s mailing address , and the date of sale. Prior to the receipt of such notification, any and all communica- tions required or permitted to be given by the Association, the board or the manager shall be deemed to be duly made and given to the transferee if duly and timely made and given to said transferee's transferor. Mailing addresses may be changed at any time upon written notification to. the board. Notices shall be deemed received forty-eight (48) hours after mailing if mailed to the transferee , or - to his transferor if the board has received no notice of transfer as above provid- ed, by certified mail, return receipt requested, at the mail- ing address above specified. Notices shall also be deemed received twenty-four (24 ) hours after being sent by telegram or upon personal delivery to any occupant of a condominium over the age of twelve ( 12) years. 16.9 Number; Gender. The singular shall include the plural and the plural the singular unless the con- text requires the contrary, and the masculine , feminine and neuter shall each include the masculine, feminine or neuter , as the context requires. 16. 10 Exhibits. All exhibits referred to are attached to this Declaration and incorporated by reference . 16. 11 Easements Reserved and Granted. Any easements referred to in this Declaration shall be deemed reserved or granted, or both reserved and granted, by reference to this Declaration in a deed to any condominium. 16. 12 Binding Effect. This Declaration shall inure to the benefit of and be binding 011 the successors and assigns of the declarant, and the heirs, personal representa- tives, grantees, tenants, successors and assigns of the owners . 16. 13 Unsegregated Real Estate Taxes. Until such time as real property taxes have been segregated by the county assessor of the county in which the development is located, they shall be paid by the respective owners of condo- miniums. The proportionate share of the taxes for a particu- lar condominium shall be determined by dividing the initial sales price or offered initial sales price of the condominium by the total initial sales prices and offered initial sales prices of all condominiums within the development (the term 40 - offered initial sales price means the price at which an unsold condominium is then being offered for sale by declar- ant) . If , and to the extent, that taxes are not paid by any owner of a condominium and are allowed to become delinquent, they shall be collected from the delinquent owner by the Asso- ciation. Declarants have executed this instrument as of this day of , 1982. MICHAEL N. GILANO STATE OF CALIFORNIA ) ss . COUNTY OF ) On the day of , 1982, before me, the undersigned, a Notary Public in and for said State, personally appeared MICHAEL N. GILANO, known to me to be the person whose name is subscribed to the within instru- ment and acknowledged that he executed the same. WITNESS my hand and official seal. Notary Public - 41 - 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-0611 October 18, 1982 Gilano Development Corporation 2772 Main Street Irvine, CA 92714 Attn: George Parker Re: CUP 07-81 nd TT 18165 Dear George: This letter is to verify that the one year approval of your conditional use permit runs from the date of approval of your tentative tract map (December 17, 1981) and not November 3, 1981. This is due to a code change we made recently to eliminate multiple approval dates. If you have not begun construction by December 17, 1982, it will be necessary to obtain an extension of the conditional use permit and tentative tract map if not recorded. We will hold your letter requesting an extension and tentatively schedule an extension hearing for December 2, 1982, if necessary. At that time, we will also process an extension of your design review board Case No. 232 MF. Should you have any questions, please feel free to contact this office. Sincerely, A7, STAN B. SAWA PRINCIPAL PLANNER SBS/1r .a NOTICE OF DETERMINATION Negative Declaration TO: W Office of the County Clerk ( ) Secretary for Resources County of Riverside 1416 Ninth St., Rm 1311 4050 Main Street Sacramento, CA 95814 Riverside, CA 92501 . FROM: CITY OF PALM DESERT 45-275 Prickly Pear Lane Palm Desert, CA 92260 SUBJECT: Filing of Notice of Determination in compliance with Section 15083(f) of the State EIR Guidelines. Project Title/Common Name:'CUP 07-84, TT 18165, Gilano Development Co. Date of Project Approval: December 17, 1981 State Clearinghouse Number (if submitted): N/A Contact Person: Stan B. Sawa (714-346-0611) Project Location: Ryway Place, 250 feet north of Grapevine St. Project Description: 13 unit condominium project. This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project has been approved by the City; 2. The project ( ) will W will not have a significant effect on the environment; 3. An Environmental Impact Report was not prepared in connection with this project; and, 4. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration may be examined at the above City Hall address. Date J� 1 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA92260 TELEPHONE (714) 346-0611 January 11, 1982 First American Title Insurance Company Ms. Evelyn Sawicki 3625 14th Street P.O. Box 986 Riverside, CA 92502 Re: Case No. TT18165 Dear Ms. Sawicki The zoning on the subject property is R-2 8,000 (4) (Single-Family Residential, 8,000 square feet minimum lot area, 4,000 square feet of land area per dwelling unit)• The surrounding zoning is as follows: East: R-2 8,000 (4) West: O.S. (Open Space) North: R-2 8,000 (4) South: R-2 8,000 (4) A copy of the Negative Declaration is also included. SiDeeDely, Ramon A. Diaz Director of EhVironmental- "S6fvices rad/pj/pa enclosure CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of a one lot Tentative Tract Map and a Negative Declaration of Environmental Impact, to allow construction of 13 condominium units on 1.118 acres within the R-2 8,000 (4) S.P. (Single Family Residential, 8,000 square foot, minimum lot size, one unit per 4,000 square feet of lot area, Scenic Preservation Overlay) zone, located on Ryway Place, 250 feet north of Grapevine Street. III. APPLICANT: GILANO DEVELOPMENT COMPANY, 2772 Main Street, Irvine, s- CA 92714 and ADAMS, STREETER AND WOOLSEY, Civil Engineers, Inc., 17981 Skypark Circle, Ste. M, Irvine, CA 92714. IV. CASE NO: TT 18165 V. DATE: December 3, 1981 VI. CONTENTS: A. Staff Recommendation. B. Discussion C. Draft Resolution D. Planning Commission Minutes invloving Case No. TT 18165. E. Planning Commission Resolution No. 754. F. Planning Commission Staff Report dated November 3, 1981. G. Related maps and/or exhibits. ----------------------------------------------------------------------------------------------- A. STAFF RECOMMENDATION: Waive further reading and adopt Resolution No. , approving the request. •B. DISCUSSION: The subject Tentative Tract Map was heard by the Planning Commission November 3, 1981, after being continued from Septebmer 29, 1981, in association with a Conditional Use Permit application. Both applications were unanimously approved by the Planning Commission on a 5-0 vote. At the Public Hearing, several persons spoke in favor of the application. Also, at the Hearing, one person expressed concern with respect to traffic in the area, the need for off-street parking and a need for lighting in the neighborhood. This person initiated his comments by saying that he did not object to the application at hand. As can be seen from letters contained in the staff report, several people submitted objections.to the proposed development. The letters of objection referred to "Re-zoning", "Variance", "Changing the Zoning", and "Would also more than double the amount of residential units which could be built on the property in question". The proposed development complies in all respects with the provisions of the Municipal Code. No"Re-zoning", "Variance", "Change of Zone", is involved. Under the present lotting 12 units could be developed. By consolidating the lots, 1 additional unit can be established. CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A ONE LOT TENTATIVE TRACT MAP TO ALLOW CONSTRUCTION OF 13 CONDOMINIUM UNITS LOCATED ON RYWAY PLACE, 25'0' NORTH OF GRAPEVINE STREET AND CERTI- FICATION OF A NEGATIVE DECLARATION AS IT PERTAINS THERETO. CASE NOS. CUP 07-81 and TT 18165 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by GILANO DEVELOPMENT COMPANY, for approval of a one lot Tentative Tract Map to allow construction of 13 condominium units on 1.228 acres within the R-2(4) S.P. (Single Family Residential , one unit per 4,000 square feet of lot area, Scenic Preservation Overlay) zone, located on Ryway Place 250' north of Grapevine more particularly described as : Lots 3, 4, 5, 6, 7 Tract 2250 Ixaxw000 xEEr N � '(� FIDDLE ECR •L rv. 1 $.P. ,•. '. 1 � / os 20 00 j — SITE 2 OPT S.P. n YF v:NE SiPFEi LxdpE VIN[ F.TX EET snC pF V:xE ],V ' � 4 � 0 I 1 sI'3rr5�5-� 1 ,I I iifFT � o _._ I I cl w. SAID Public Hearing will be held on December 3, 1981, at 7:00 p.m. , in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. .SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California PUBLISH: Palm Desert Post November 19, 1981 CITY OF PALM DESERT VOUCHER NO. f REQUEST FOR PAYMENT/PAYMENT VOUCHER (To be used for all payments not on purchase order) Pay To: Name Kepin e7fi- &l+-4me ei Address A)6 _t,; o �„NT f 1� �)) P f,LGe Audited by ��1 ae� f e r4 y S�zt,o 6 - d'�`r 3 For: (Describe Fully) AMOUNT /2e-unoC b -,fee vawn;n5 AFjm-ee/ obras d& e4fej- 4"/io7� . TOTAL SO av I certify that the services or supplies included in this request have actually been rendered or received; thaii the prices and quantities are correct; that the claim is AUDITED AND FOUND CORRECT in all oMCr and valid; that the account to be charged is correct: Director of Finance TC 6ndoDescription Invoice Account Code Encumbrance Ex enditure No. No. Func Act. Obj PO No Amount Ck. Nc Amount 4 I r r� fJ�7V 3 0 1981 ENVIRONMENTAL SERVICES CITY OF PALM DESERT MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - NOVEMBER 3, 1981 7:00 P.M. - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Chairman Kryder called the meeting to order at 7:00 p.m. H. PLEDGE OF ALLEGIANCE - Commissioner Miller III. ROLL CALL Members Present: Commissioner Crites Commissioner Richards Commissioner Wood Commissioner Miller Chairman Kryder Staff Present: Ray Diaz, Director of Environmental Services Stan Sawa, Principal Planner Steve Smith, Associate Planner Phil Drell, Assistant Planner Phil Joy, Assistant Planner Linda Russell, Planning Secretary Others Present: Barry McClellan, Director of Public Works IV. APPROVAL OF MINUTES: October 14, 1981 Approved as submitted. Carried unanimously. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the Council for the meeting of October 22, 1981. AT THIS TIME MISCELLANEOUS ITEMS (IV) OF THE AGENDA WERE PRESENTED. A Resolution of the Planning Commission of the City of Palm Desert, commending George Berkey for his service to the City of Palm Desert. Planning Commission Resolution No. 752, commending George Berkey, was unanimously approved. VI. CONSENT CALENDAR - NONE VIL PUBLIC HEARINGS Continued Case Nos' CUP 07-81 and TT 18165 - GILANO DEVELOPMENT COMPANY, Applicant Request for approval of a Conditional Use Permit, one lot Tentative Tract Map and Negative Declaration of Environmental Impact to allow construction of 13 condominium units on 1.228 acres within the R-2 8000 (4) S.P. (Single Family Residential, 8000 sq.ft. minimum lot size, one unit per 4000 sq.ft. of lot area, Scenic Preservation Overlay) zone, located on Ryway Place, 250 feet north of Grapevine Street. Mr. Sawa presented the staff report indicating that this project was located in the AO-2 flood zone. He, therefore, asked Mr. McClellan, Public Works Director, to give a brief presentation. Mr. McClellan explained that a Flood Hazard Report had been submitted and indicated that the finished grade for this project was only 6" higher than would be required by Ordinance if the property was not in a flood zone. He also pointed out that drainage studies made indicated that the water runoff would run towards Burroweed. Mr. Sawa noted that letters had been received in favor and opposition. Staff recommmended approval. Chairman Kryder opened the public testimony and asked for the applicant's testimony. -1- MINUTES NOVEMBER 3, 1981 CAL WOOLSEY, Civil Engineer, 17891 Skypark Circle, Irvine, stated he met with staff several times and restudied the project because of several concerns made. He explained that the intent is to develop the site and enhance the neighborhood. He described the project and felt that it would solve some problems. He also pointed out that flood improvements would be made for that area. JIM CARNELL, 46-329 Burroweed Lane, stated there were three concerns that he and his neighbors had: flood control, noise and the block wall facing residents, but these concerns have been resolved and he felt that the project was well planned. MS. MARJORIE HARTNET, stated she had a letter from Miss Morehouse of Grapevine, who objects to the project and asked about the height of the block wall on the west side. Mr. Sawa replied that he believed there would be 2 feet of block and 2 feet of wrought iron. Mr. Woolsey explained.that currently they are proposing a low 2 feet wall with some wrought iron to give views of the golf course. MR. MATTER, 46-460 Ryway, felt that the project would create traffic impact, parking problem, high density and flooding. MR. PAUL DIGO, 73-362 Grapevine, felt that the height of the building was too high (19 feet). Mr. Woolsey, in his rebuttal, stated that the project provides 2-car garages and would not create a traffic problem. He explained that traffic lighting would be required; dust would be eliminated; and, flooding would be minimized. In terms of building height, they are within the maximum allowed per City Ordinance. MS. MITZY BISSON, of Walker & Lee, read a letter from Hazel Bell of Burroweed, which stated that she was confident that the development would be built to be'compatible with existing development. Ms. Bisson also felt that the project would benefit senior citizens and was in favor. Chairman Kryder closed the public testimony. Commissioner Crites pointed out that if one unit had a large amount of guest at one time, which could use up all of the seven parking spaces provided per building, then it would create a parking problem. Commissioner Miller asked for a clarification of the building height. Mr. Sawa explained that the maximum building height (on the garage side) from existing grade would be 19 1/2 feet. Commissioner Richards felt the project was well studied and the only major problem was the block wall facing existing residents, but this was justified. Commissioner Wood asked staff if consideration was made in lighting or signalizing Ryway. Mr. Diaz felt it could be dangerous to install a stop sign there and street lighting could be provided if the residents petitioned for this. He also pointed out that off-street parking per code was being provided where many of the existing developments do not provide it. Commissioner Wood also suggested that a condition be imposed requiring the applicant to provide landscaping along the north property wall. Mr. Diaz explained that Design Review Board would consider this. Mr.,Woolsey did not object. It was moved by Commissioner Richards, seconded by Commissioner Miller, to adopt findings as recommended by staff. Carried unanimously. Moved by Commissioner Richards, seconded by Commissioner Miller, to adopt Planning Commission Resolution No. 753, approving Conditional Use Permit 07-81, subject to conditions. Carried unanimously. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 754, recommending approval to the City Council of Tentative Tract Map 18165, subject to conditions. Carried unanimously. B. Case No. CUP 09-81 - RENAISSANCE LAND COMPANY, Applicant Request for approval of a Conditional Use Permit to allow -2- a 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-06I1 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: November 6, 1981 GILANO DEVELOPMENT CO. ADAMS, STREETER & WOOLSEY 2772 Main St. Civil Engineers, Inc. Irvine, CA 92714 17981 Skypark Circle, Ste M Irvine, CA 92714 CASE NO: CUP 07-81 nd TT 18165 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of November 3, 1981. APPROVED BY PLANNING COMMISSION RESOLUTION NO. 753 & 754 Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. RAMON A. DIAZ, SECRTARY PLANNING COMMISSION RAD/lcr cc: CVWD File PLANNING COMMISSION RESOLUTION NO. 753 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF 13 CONDOMINIUM UNITS IN THE R- 2 8000 (4) S.P. ZONE, LOCATED ON RYWAY PLACE, 250 - FEET NORTH OF GRAPEVINE STREET. CASE NO. CUP 07-81 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of November, 1981, hold a duly noticed public hearing to consider a request by GILANO DEVELOPMENT COMPANY for approval of a Conditional Use Permit to allow construction of 13 condominium units on 1.228 acres in the R-2 8000 (4) S.P. (Single Family Residential, minimum 8000 sq.ft. lot size, one unit per 4000 sq.ft. of lot area, Scenic Preservation Overlay) zone, located on Ryway Place, 250 feet north of Grapevine Street, more particularly described as: Lots 3-7, Tract 2250 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 will not have a significant adverse impact on the environment and a Negative Declaration has been prepared. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Commission did find the following facts and reasons to exist to justify the granting of said Conditional Use Permit: 1. The proposed location of the Conditional Use is in accord with the objectives of the Zoning Ordinance and the purpose of the district in which the site is located. t 2. The proposed location of the Conditional Use and the conditions under which it will be operated and maintained will not be detrimental to the public health, safety, or general welfare, or be materially injurious to properties or improvements in the vicinity. 3. The proposed Conditional Use complies with the goals, objectives, and policies of the City's adopted General Plan. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the.Commission in this case. 2. That approval of Conditional Use Permit 07-81 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of November, 1981, by the following vote, to wit: AYES: CRITES, KRYDER, MILLER, RICHARDS, WOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE GEORGE D. KRYDER, Chairman ATTEST: RAMON A. DIAZ, Secretary /lr PLANNING COMMISSION RESOLUTION NO. 753 CONDITIONS OF APPROVAL CUP 07-81 1. The development of the property shall conform substantially with Exhibits on file with the Department of Environmental Services, as modified by the following conditions. 2. Prior to the issuance of a building permit for construction of any uses contemplated by this approval, the applicant shall first complete all the procedural requirements of the City which include, but are not limited to, Design Review, Subdivision process, and building permit procedures. 3. Construction of the total development may be done in phases; however, each individual phase shall meet or exceed all Municipal Code requirements to the degree that the City could consider each phase as a single project. 4. Construction of a portion of said project shall commence within one year from the date of final approval otherwise said approval shall become null, void and of no effect whatsoever, unless an extension of time is granted. 5. The development of the property ".described herein shall be subject to the restrictions and limitations set forth herein which are in additions to all municipal ordinances and State and Federal Statutes now in force, or which hereafter may be in force. 6. All requirements of the City Fire Marshal shall be met as a part of the development of this project per attached letter dated September 14, 1981. 7. Construction plans shall be submitted for approval to the City fire Marshal prior to issuance of building permits. All conditions shall be made a part of construction r and no certificate of occupancy shall be issued until completed. (t[ 8. Traffic control provisions shall be provided as required by the Director of Public Works. 9. Curb, gutter, sidewalk or approved pathways, and tie-in paving shall be provided in conformance with City Standards and/or as required by the Director of Public Works. 10. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Riverside County Department of Health Palm Desert Design Review Board Process City Fire Marshal Coachella Valley Water District Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building and Safety at the time of issuance of a building permit for the use contemplated herewith. if. Full public improvements, including traffic safety lighting as required by ordinance and the Director of Public Works, shall be installed in accordance with City standards. Energy costs for lighting shall be paid by the homeowner's association. 12. If a homeowner's association will not be formed, the developer shall initiate and pay all costs pertaining to the formation of a landscaping and lighting maintenance district. ' 13. Drainage and signalization fund fees as required by City ordinance shall be paid prior to recordation of the final map. 14. Drainage facilities shall be provided per Ordinance No. 218 and the Master Drainage Plan to the specifications of the Director of Public Works. PLANNING COMMISSION RESOLUTION NO. 753 15. Improvement plans for water and sewer systems shall be approved by the respective service districts. 16. Complete improvement plans and specifications shall be submitted as required by ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the City. 17. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 18. Sidewalks shall be installed to City standards. 19. The property lies within the AO-2 flood zone as shown per Federal Insurance Rate Maps. A flood hazard report, as required by Ordinance No. 221 (Flood Damage Prevention Ordinance), shall be submitted to the Public Works Department. The report must be approved by the Flood Review Committee prior to recordation of the final map. 20. Pool equipment area to be relocated away from north property line. 21. Trash locations and pickup provisions to be approved by local trash company serving property and City. 22. Wall along Burroweed Street to be setback 3 feet from property line to provide additional planting area. 23. A combination of walls, mounding and landscaping shall be provided between Ryway Place and buildings to sufficiently screen garage level. 24. Decorative driveway treatment to be used as shown on submitted site plan. f25. Driveway widths to be 24 feet. l ` 26. Perimeter wall designs to be substantial as plans for wall on file in the Department of Environmental Services. 27. Garages to have 20 feet by 20 feet inside clear demension as required by Code. FIRE DEPAP.T MEN 7HE " N y17H Y R PTIO ENT OF FORCST R 7 _ COOP PAR tIN 79 70 CALIFORNIP OE TM Yf 210 'EST SAN I 70STREET ., S E Cs I FORMA 7 B9 .. .a.. .,.Fv:•. VID L. FLA RERF15. 7141 667- 7.1• ;t L:<"1'<- DA TELEPHONE SIDIi. „ti"1 GaVNTY FIRE WAFDEN September 14, 1981 Services Diaz Environmental .tor Of I of Palm Desert Lane p1� 75 Prickly Pear 1 Desert, C se NO2 CUP 07-a1 and TT18165 Lions erence: Ca d buildings' the followinS cOndi Ar Mr. Diaz: of any Of the Pr re flow for construction GYM fire The for to cons 2500 supply erating capable of delivering d mestic Or other dual ( e of lst be met: si resi thetime r system addition of 20 P red at Install a hour duratioa upon a minimum the flow is measu int Of ally building ;;• . a two shall be base .man from whi ,. ceessure i the suPPlY drams so that no P aPPrpped vehicular ion 'Pressure ent- Super fire hydrants along measurem County sup drant m de eet fire hY tO any building 2 Install than 250 feet from a feet f< is more r than 25 red chrome s . travel ways' be located close heads shall be Pain 11 not and teed ed green. barrels xYdrants sha Of hydrant b shall be Paint A' caps either direction B Exteryo and rfachops and nozzle 15 feet in the be Painted red yellow shall ! sh the if installed, er shall fur lye steal Mar C. Curbs, drant. the develop to the Y Department each hY permit, ,Stem Plan lding from Issuance of a co one g ,ate Of the will be sent to the Eui 3• Prior nal and three a(proval I °ne ed Copy o the developer' vil engypeet' and. Origrevyew OPOnwill be return eyed citio „ I certify for the inal signed following c COP 07e81 and 1 15165 is ori8 and Ian shall be e Marsha VI Case Number the Fir The water sYstem P company,system in 4 aPPto the design ofbe the Aate the Ye9ulrements Prescribed by inaaccordance with 1 � z{F 1„1 Ss �? ,-, Y. F'�^3�_4. sb.:y_ i. �'tiii�i tr Ze '1'i�^'b+� t fi }?�KS'i G„r'"{, .'•, ��,•x ,,T w: .tt-Yk s tisl ��� �_ MN - -}�;y�. ! . t x5- -¢sib i � d- .c1 � �✓�.ui�. ^lY �r� j .tt Y� '.v„i _ �t °I'a S,LyiF„4^f"4 •"15.�1. t T k - ,Y 5. � ,5 i•• .r ...� q _'^ •� --'+k'f S '.?t_.i +'�i� _ 'itn�,s v,..t .+,. X .w-.��. IC, a >ti: s• -„vx < t'r _ "' ci�..- K 'c'•.rr ,y,, 'r-'.' _ .. ._. • � ". .. - ,r �. _ _.n u". ... ..1- � • tea, . i Ramon Diaz 9/14/81 Director of Environmental Services City of Palm Desert. - I il. Reference: Case No. CUP 07-81 and TT18165 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Sincerely, DAVID L. FLAKE County4 Wa den Eric L. ' Vog Fire Marshal ' to ± cc: J. Zimmerman, CVWD i PLANNING COMMISSION RESOLUTION NO. 754 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL A TENTATIVE TRACT MAP TO ALLOW THE CONSTRUCTION OF 13 CONDOMINIUM UNITS IN THE R- 2 8000 (4) S.P. ZONE, LOCATED ON BYWAY PLACE, 250 FEET NORTH OF GRAPEVINE STREET. CASE NO. TT 18165 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of November, 1981, hold a duly noticed public hearing to consider the request of GILANO DEVELOPMENT COMPANY for approval of a one lot Tentative Tract Map to allow the construction of 13 condominium units on 1.228 acres in the R-2 8000 (4) S.P. (Single Family Residential, minimum 8000 sq.ft. lot size, one unit per 4000 sq.ft. of lot area, Scenic Preservation Overlay) zone, located on Ryway Place, 250 feet north of Grapevine Street, more prticularly described as: Lots 3-7, Tract 2250 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolu- tion No. 80-89", in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared. 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 justified in the staff report for TT 18165 dated November 3, 1981, on file in the Department of Environmental Services to exist to recommend approval of the Tentative Tract Map: (a) That the proposed map is consistent with applicable 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 envirrnmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) that the design of the subdivision or the type of improvements is not likely to cause serious public health problems. - (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 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. 18165 for the reasons set forth in this Resolution and subject to the attached conditions. 3. That a Negative Declaration of Environmental Impact is hereby recommended for approval. FURTHER, BE IT RESOLVED that the recommended conditions of approval do include a requirement that the applicant pay in-lieu fees to comply with the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance. In return it is -I- PLANNING COMMISSION RESOLUTION NO. 754 recommended that the City Council agree to use said fees for park purposes in conformance with an adopted master plan, within five (5) years of the recordation of the final map. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 3rd day of November, 1981, by the following vote, to wit: AYES: CRITES, KRYDER, MILLER, RICHARDS, WOOD i NOES: NONE ABSENT: NONE ABSTAIN: NONE GEORGE D. KRYDER, Chairman ATTEST: RAMON A. DIAZ, Secretary /!r -2- PLANNING COMMISSION RESOLUTION NO. 754 CONDITIONS OF APPROVAL TT 18165 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. The CC&Rs for . this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits. 3. Area shall be annexed to appropriate Improvement District having jurisdiction over the subject area. 4. All on-site utilities, including cable TY, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 5. All requirements of the City Fire Marshal from his letter of September 14, 1981, shall be met as a part of the development of this tract. 6. The applicant shall have twelve (12) months from the date of the approval or conditional approval of the tentative map for filing of the final map unless an extension of time of up to eighteen (18) months is granted by a Resolution of the City Council. 7. Developer shall pay a fee in lieu thereof, as a condition of the Final Map, for park and recreation purposes. The City shall commit the use of any such fees received within a five year period. 8. Full public improvements, including traffic safety lighting as required by ordinance and the Director of Public Works, shall be installed in accordance with City standards. Energy costs for lighting shall be paid by the homowner's association. 9. If a homeowner's association will not be formed, the developer shall initiate and ,, pay all costs pertaining to the formation of a landscaping and lighting maintenance district. 10. Drainage and signalization fund fees as required by City ordinance shall be paid prior to recordation of the final map. 11. Drainage facilities shall be provided per Ordinance No. 218 and the Master Drainage Plan to the specifications of the Director of Public Works. 12. Improvement plans for water and sewer systems shall be approved by the respective service districts. 13. Complete improvement plans and specifications shall be submitted as required by ordinance to the City Engineer for checking and approval before construction of .. any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the City. 14. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 15. Sidewalks shall be installed to City standards. 16. The property lies within the AO-2 flood zone as shown per Federal Insurance Rate Maps. A flood hazard report, as required by Ordinance No. 221 (Flood Damage Prevention Ordinance), shall be submitted to the Public Works Department. The report must be approved by the Flood Review Committee prior to recordation of the final map. RIVERSIDE CCUNTY FIRE DEPARTMENT IN COOPERATION WITH THE C011 T l CALIFORNIA DEPARTMENT OF FORESTRY n1T'uI PERSIDE DAVID L. FLAKE "--� COUNTY FIRE WARDEN 210 WEST SAN JACINTO STREET PERRI S,'CALI FORN I A 92370 TELEPHONE (714) 657-3183 September 14, 1981 I Ramon Diaz Director of Environmental Services City of Palm Desert "� 1" '• 45-275 Prickly Pear Lane Palm Desert, CA 92260 Reference: Case No. CUP 07-81 and TT18165 i Dear Mr. Diaz: Prior to construction of any of the proposed buildings, the following conditions must be met: 1. Install a water system capable of delivering 2500 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which .the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs, if installed, shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department and the original will be returned .to the developer. 4. The water system plan shall be signed by a registered civil engineer, and approved by the water company, with the following certification: " I certify that the design of the water system in Case Number CUP 07-81 and TT18165 is in accordance with the requirements prescribed by the Fire Marshal." Ramon Diaz 9/14/81 Director of Environmental Services City of Palm Desert: Reference: Case No. CUP 07-81 and TT18165 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Sincerely, DAVID L. FLAKE County Fir Wa den Eric L. Vog Fire Marshal to cc: J. Zimmerman, CVWD l I 77 a -' into. m' i A _ i wer Recai S. i 9uroweee Shm �. n�1 f L � eQ6 � � _ E 4 v g5 She Plan 13 Una CondomWum Project Marl Development O a 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714)346-0611 December 7, 1981 Gilano Development Company 2772 Main Street Irvine, California 92714 Subject : Request for Approval of TT 18165 Ryway Place Gentlemen: At its adjourned meeting of December 3 , 1981, the Palm Desert City Council voted to continue the subject request to its meeting of December 17 , 1981. You will receive an agenda prior to that meeting. If you -should have any questions;; please%do not hesitate to contact me . Sincerely, /l cE� SHEILA R. GILLIGAN CITY CLERK SRG/dc CC: Adams , Streeter and Woolsey, Civil Engineers ✓Director of Environmental Services Director of Public Works MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - NOVEMBER 3, 1981 7:00 P.M. - CITY HALL COUNCIL CHAMBERS I. CALL TO ORDER Chairman Kryder called the meeting to order at 7:00 p.m. II. PLEDGE OF ALLEGIANCE - Commissioner Miller III. ROLL CALL Members Present: Commissioner Crites Commissioner Richards Commissioner Wood Commissioner Miller Chairman Kryder Staff Present: Ray Diaz, Director of Environmental Services Stan Sawa, Principal Planner Steve Smith, Associate Planner Phil Drell, Assistant Planner Phil Joy, Assistant Planner Linda Russell, Planning Secretary Others Present: Barry McClellan, Director of Public Works IV. APPROVAL OF MINUTES: October 14, 1981 Approved as submitted. Carried unanimously. V. SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the actions of the Council for the meeting of October 22, 1981. AT THIS TIME MISCELLANEOUS ITEMS (IV) OF THE AGENDA WERE PRESENTED. A Resolution of the Planning Commission of the City of Palm Desert, commending George Berkey for his service to the City of Palm Desert. Planning Commission Resolution No. 752, commending George Berkey, was unanimously approved. VI. CONSENT CALENDAR - NONE VII. PUBLIC HEARINGS A. Continued Case Nos CUP 07-81 an T 8165 GILANO DEVELOPMENT COMPANY, Applicant Request for approval of a Conditional Use Permit, one lot Tentative Tract Map and Negative Declaration of Envirohmental Impact to allow construction of 13 condominium units on 1.228 acres within the R-2 8000 (4) S.P. (Single Family Residential, 8000 sq.ft. minimum lot size, one unit per 4000 sq.ft. of lot area, Scenic Preservation Overlay) zone, located on Ryway Place, 250 feet north of Grapevine Street. Mr. Sawa presented the staff report indicating that this project was located in the AO-2 flood zone. He, therefore, asked Mr. McClellan, Public Works Director, to give a brief presentation. Mr. McClellan explained that a Flood Hazard Report had been submitted and indicated that the finished grade for this project was only 6" higher than would be required by Ordinance if the property was not in a flood zone. He also pointed out that drainage studies made indicated that the water runoff would run towards Burroweed. Mr. Sawa noted that letters had been received in favor and opposition. Staff recommmended approval. Chairman Kryder opened the public testimony and asked for the applicant's testimony. _1_ MINUTES NOVEMBER 3, 1981 CAL WOOLSEY, Civil Engineer, 17891 Skypark Circle, Irvine, stated he met with staff several times and restudied the project because of several concerns made. He explained that the intent is to develop the site and enhance the neighborhood. He described the project and felt that it would solve some problems. He also pointed out that flood improvements would be made for that area. .JIM CARNELL, 46-329 Burroweed Lane, stated there were three concerns that he and his neighbors had: flood control, noise and the block wall facing residents, but these concerns have been resolved and he felt that the project was well planned. MS. MARJORIE HARTNET, stated she had a letter from Miss Morehouse of Grapevine, who objects to the project and asked about the height of the block wall on the west side. Mr. Sawa replied that he believed there would be 2 feet of block and 2 feet of wrought iron. Mr. Woolsey explained that currently they are proposing a low 2 feet wall with some wrought iron to give views of the golf course. MR. MATTER, 46-460 Ryway, felt that the project would create traffic impact, parking problem, high density and flooding. MR. PAUL DIGO, 73-362 Grapevine, felt that the height of the building was too high (19 feet). Mr. Woolsey, in his rebuttal, stated that the project provides 2-car garages and would not create a traffic problem. He explained that traffic lighting would be required; dust would be eliminated; and, flooding would be minimized. In terms of building height, they are within the maximum allowed per City Ordinance. MS. MITZY BISSON, of Walker & Lee, read a letter from Hazel Bell of Burroweed, which stated that she was confident that the development would be built to be compatible with existing development. Ms. Bisson also felt that the project would benefit senior citizens and was in favor. Chairman Kryder closed the public testimony. Commissioner Crites pointed out that if one unit had a large amount of guest at one time, which could use up all of the seven parking spaces provided per building, then it would create a parking problem. Commissioner Miller asked for a clarification of the building height. Mr. Sawa explained that the maximum building height (on the garage side) from existing grade would be 19 1/2 feet. Commissioner Richards felt the project was well studied and the only major problem was the block wall facing existing residents, but this was justified. Commissioner Wood asked staff if consideration was made in lighting or signalizing Ryway. Mr. Diaz felt it could be dangerous to install a stop sign there and street lighting could be provided if the residents petitioned for this. He also pointed out that off-street parking per code was being provided where many of the existing developments do not provide it. Commissioner Wood also suggested that a condition be imposed requiring the applicant to provide landscaping along the north property wall. Mr. Diaz explained that Design Review Board would consider this. Mr. Woolsey did not object. It was moved by Commissioner Richards, seconded by Commissioner Miller, to adopt findings as recommended by staff. Carried unanimously. Moved by Commissioner Richards, seconded by Commissioner Miller, to adopt Planning Commission Resolution No. 753, approving Conditional Use Permit 07-81, subject to conditions. Carried unanimously. Moved by Commissioner Richards, seconded by Commissioner Wood, to adopt Planning Commission Resolution No. 754, recommending approval to the City Council of Tentative Tract Map 18165, subject to conditions. Carried unanimously. B. Case No. CUP 09-81 - RENAISSANCE LAND COMPANY, Applicant Request for approval of a Conditional Use Permit to allow -2- 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPNGNE (714) 346-06il September 11 , 1981 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A ONE LOT TENTATIVE TRACT MAP AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF 13 CONDOMINIUM UNITS LOCATED ON RYWAY PLACE, 250 NORTH OF GRAPEVINE STREET AND CERTIFICATION OF A NEGATIVE DECLARATION AS IT PERTAINS THERETO. CASE NOS. CUP 07-81 and TT18165 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by GILANO DEVELOPMENT COMPANY, for approval of a one lot Tentative Tract Map and Conditional Use Permit to allow construction of 13 condominium units on 1 .228 acres within the R-2(4) S.P. (Single Family Residential , one unit per 4,000 square feet of lot area, Scenic Preservation Overlay) zone, located on Ryway Place 250' north of Grapevine more particularly described as: Lots 3, 4, 5, 6, 7 Tract 2250 j 7 IRON WOOD \.., STgEET � R-28:000 f4 a°= R _ All, EI DoIEry 0S o� PROJECT SITE O.S. 2 ,0 O °H S.P. - R-I 110, 00 0 G gnpEvlrvE STNEET GN-----[ $.PPEvINE�� 'SigE Ei _ __y_ _ I I ,ObO _ca 7'- R- 40 0 -I 1 0 �_:. 1 neFT u°w "TgcF ,� jl SR- SAID Public Hearing will be held on September 29 , 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. PUBLISH: Palm Desert Post September 17, 1981 INTEROFFICE MEMORANDUM I City of Palm Desert i j TO: Director of Environmental Services j FROM: Director of Public -Works SUBJECT: TT 18165 & CUP 07-81 DATE: September 23, 1981 I We have reviewed the case and the following should be considered as conditions of approval : f (1 ) Full public improvements, including traffic safety lighting as required by ordinance and the Director of Public Works, shall be installed in accordance with City standards. Energy costs for lighting shall be paid by the home- owner's association. I (2) If a homeowner's association will not be formed, the developer shall initiate and pay all costs pertaining to the formation of a landscaping and lighting maintenance district. (3) Drainage and signalization fund fees as required by City ordinance shall be paid prior. to recordation of the final map., j (4) Drainage facilities shall be provided per Ordinance No. 218 and the Master Drainage Plan to the specifications of the Director of Public Works. (5) Improvement plans for water and sewer systems shall be approved by the respective service districts. (6) ' Complete improvement plans and specifications shall be submitted as required by ordinance to the City Engineer for checking and approval before construc- tion of any improvements is commenced. The subdivider shall submit "as-built" _ plans prior to acceptance of the subdivision improvements by the City. (7) Additional storm drain construction shall be contingent upon a drainage study by the private engineer. (8) Sidewalks shall be installed to City standards. (9) The property lies within the AO-2 flood zone as shown per Federal Insurance Rate Maps. A flood hazard report, as required by Ordinance No. 221 (Flood Damage Prevention Ordinance) , shall be submitted to the Public Works Depart- ment. The report must be approved by the Flood Review Committee prior to recordation of the final map. BARRY !McCLELLAN c DIRECTOR OF PUBLIC WORKS BM/ms Ep:`J;;20N i RES'i l laL SEi2V10ES S;n of PALM DESERT W ATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY '0lSTR% .1 COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX lose COACHELLA, CALIFORNIA 92236 • TELEPHONE VI41398•265I DIRECTORS RAYMOOPPKt1F TELLIS ODEKAM VICE PR PRESIDENT LOWELL O.WEEKS,OENEMLYRME6I rTON. EN81NIE11 JOHN .POWELL VICE PRESIDENT BEIINMpNVICTORUR09,KCMNI•f dAUL P.NICHOL - AND l,NI1ROY,TORNEY1 STEVE D. NICHOLB pEO+nHE ANO BHERRB.L ATTORNEYS STEVE D.BU%TON September 24, 1981 File: 0163.11 o421 .1 0721 .1 Department of Environmental Services City of Palm Desert Post Office Box 1977 �.:::L;O` .'•:Lt:?AL SC'.J.CcS Palm Desert, California 92261 OPY OF W1f1 cs£3Rt Gentlemen: Re: Tract 18, 165 I NW}, Sec. 29, T5S, R6E, S.B.M. This area is shown to be' subject to shallow flooding and is designated Zone AD, depth two feet on Federal Flood Insurance rate maps which are in effect at this time. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations_ of this District. Very truly yours, �jt/ Lowell 0. Weeks A Genera I' Manager-Chief Engineer CS:ra cc: Riverside County Department of Public Health 46-209 Oasis Street Indio, California 92201 Attention: Don Park TRUE CONSERVATION USE WATER WISELY Bernard E. McCune • 6219 Riviera Circle Long Beach, CA 90815 City of Palm desert 7 Palm Desert',�C P Lane A92260 �" cE Attention: Planning Commission RE: CASE NOS. CUP 07-81 and TT18165 PUBLIC HEARING Gentlemen: With regards to subject project which is to be reviewed by your honorable body on November 3rd, I previously com- municated with you relative to this development and ex- pressed concern about: 1 . Drainage 2. Two story units Since that letter was written, Mr. George Parker of Gilano Development Corp. and his civil engineer, Mr. Cal Woolsey, met with me at my Beverly Hills office. The purpose of the meeting was to fully acquaint me with the project and discuss any concerns I had. My address in Palm Desert is 46323 Burroweed, immediately ' adjacent to the northeast corner of the Gilano project. With regards to the drainage, Mr. Parker has agreed they will raise the wall on our common boundary at the northeast corner to the same height as the wall along where their north - - boundary is to the west. This will then prevent the storm water from spilling across our common boundary and guarantee its flow into Burroweed. With regards to the two-story concern, I now find the project is li stories with underground garages. I find this acceptable. The builder-developer has been most cooperative, the project appears viable and will fit in well with the community. I would recommend you give the development a favorable vote. ec fully, rnard E. McCune BEM/hs cc: Geroge Parker Cal Woolsey James Mattern A �O V � Bernard E. McCune 6219 Riviera Circle Long Beach, CA 90815 September 25, 1981 City of Palm Desert lUy,, 45-275 Prickly Pear Lane �sU` o� V Palm Desert, California 92260 RE: CASE NOS. CUP 07-81 and TT18165 Gentlemen: Please be advised that I own the property at the Northeast corner of the project site for subject zoning, the address of which is - 46323 Burroweed Rd. This is to advise you that I am thoroughly in accord with the construction of this project. However, I have a few comments I would like your Honorable Body to consider. 1 ) All of the drainage from the project be directed into storm drains. 2) The Northerly boundary wall which will be constructed by the developers should be compatible with our project along that boundary. They should be required to work with the homeowners in making this boundary construction aesthetically acceptable, not only to myself, but to my adjacent neighbors as well . With the above comments, I wish the developers good luck. Since ly, ^ Bernard E. McCune BEM/hs r ! "►' Septembdr�28, 981 {' , 14 44 • � •' � ,�.' may' '�t�ftRONldi.y CAI. Nh�1Ci<S+:} ,. ,. J d • ; •�-.• . - 0TY Of PAW W,>LHT r . •.•4 .t j City of Palm Desert 4 ",._ .45-275 Prickly Pear Lane j l 'Palm 'Desert, California 92260 , S •, .Attention: Planning Commission r " ' 'Subject: Case Nos. CUP-07-81 and' TT 18165 Lots 3, 4, 5, 6 and 7 - Tract 2250 Gentlemen: As owners of,nearby adjacent property located at the southern end of Burroweed Lane, we strongly object and wish to go on record in oppo- sition to re-zoning subject property in order to permit the construction of condominiums. Such 'construction would be entirely contrary to the original intent to reserve the lots in question for the construction of single family dwellings and would not be in the best interest of the city or existing -y property owners in the area. r Very truly yours, W. A. Owen Russ A. Owen 46-305 Burroweed `� Palm Desert, CA ti ' �. ELEER CORPTH LA BRIVELES CA 90u ,a 40 S40 • i i 4w062089S268 09/25/81 ICS IPMRNCZ CSP LSAB 2139373626 MGM TORN LOS ANGELES CA 107 09.25 0447P EST • � i i► CITY OF PALM DESERT PLANNING COMMISSION i 4S275 PRICKLY PEAR LANE PALM DESERT CA 92260 rr,,r>.^ EN\9ttGi�i<Epr�itl DFSERT ' REFERENCE CASE #CUP07w81 AND #TT18165 GILANO DEVELOPMENT COMPANY. STRONGLY OBJECT. YOUR PLANNING DEPARTMENT HAS WORKED WELL FOR THE BETTERMENT OF THE CITY TO DATE, PLEASE DO NOT MAKE. A MISTAKE THIS T i IME. THIS PROPOSAL FOR CONDOS BY GILANO WOULD BE DETRIMENTAL TO THIS SPECIFIC AREA AND WOULD CERTAINLY CREATE TOO MUCH DENSITY WITH PEOPLE i AND AUTOS. MY VOTE IS A STRONG NO* DO NOT ALLOW THIS CASE ANY VARIANCE AT ALL. I OWN 73370 AND 73366 GRAPEVINE AND AM AGAINST THIS PROJECTo • MRS LEE ARTER i 5221 EL MIRADOR DR — LOS ANGELES CA 90008 i 17: 00 EST MGMCOMP s s i s m - r MD TO REPLY BY MAILGRAM, SEE REVERSE SIDE FOR WESTERN UNION'S TOLL - FREE PHONE NUMBERS R.L.MAAHS,DN.M. DATE PALM ANIMAL HOSPITAL - 34116 DATE PALM DRIVE PALM SPRINGS,CALIFORNIA 92264 (714)328-3330 September 25, 1981 City of Palm Desert Planning Commission 45275 Prickly Pear trv;r . ` C. Palm Desert, Califs >?y OP ,� L ^ Dear Sirs, u" L I am expressing my disapproval in changing the zoning in Case CUP 0781 and. TT 18165. The building of thirteen town- houses or condominiums will decrease the value of my property, will increase the density of a small area and. is certainly not in keeping with the neighborhood.. 1 strongly oppose this change of zoning. Sincerely, R. L. Maahs, .V.M. 46450 Golden Rod Lane - Residence Palm Desert, Calif. 92260 I I P�Zo MEMBER AMERICAN ANIMAL HOSPITAL ASSOCIATION Viola M. Morehouse 73-354 Grapevine .:Lane Palm Desert, California 92260 25 ,1981 September p r. E�Nr;actitipp�on o�yrar Palm Desert Planning Commission c; I City Of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 RE : Case Nos . CUP 07-81 and TT18165 Gentlemen; As owner of the Property at 73-354 Grapevine Lane, I am strongly opposed to the approval of the one Lot Tenative Tract Map for Lots 3 ,4% 5 6 , and 7 of Tract 2250 and the issu- ance of a Conditional Use Permit to ! allow for construction of 13 Condominiums on this Property. In addition to establishing a scenic barrier to residents surrounding the Area on Grapevine Lane, Grapevine Street and Byway Place, a Project of this nature would also more than double the amount of residential units which could be built on the Property in question, If permitted, this development, which is certainly not in keeping with the present residential standards of the area, would affect Property values, increase traffic, block views and place an additional burden on the presently strained City provided services. I certainly hope that you, as the Planning body of Palm = Desert , have the foresight to realize that developing and building Projects of this nature in established residential areas is detrimental to the Area. I hope that you can understand my concern and urge you to deny the application. Sincerely Yours, Viola M. Morehouse VM/ns CASE NO. EA 81-15 CUP 07-81 and TT 18165 Explanation of "yes" and "maybe" answers and possible mitigation measures and comments I. Earth - Construction of residential units will modify topography and surface features. C. Since property is vacant, construction, grading and landscaping of site will change topography and surface relief features. e. Site is within AO(2) flood zone as shown on federal insurance rate maps. Thus, during periods of flooding soil erosion could occur. Mitigation Measures: proper protection through construction, landscaping and compliance with Flood Damage Prevention Ordinance will be required. 3. Water - Site is within AO(2) flood zone as shown per Federal Insurance Rate Maps and as such, is subject to flooding during storms of 100 years intensity. b. Due to paving, construction, and landscaping of site, there will be a decrease in absorption rates, a change in drainage patterns and an increase in the rate and amount of surface water runoff. Mitigation Measures: Compliance with grading and applicable drainage ordinances will be required. c. Construction on site will alter flow of storm waters created on or entering property from upstream areas. Mitigation Measures: Compliance with Flood Prevention Ordinance No. 218 and Master Drainage Plan will be required. 16(a). Transportation/Circulation - The construction of 13 condominium units will j generate new vehicular trips. I Mitigation Measures: number of trips will be minimal and existing streets are adequate to serve project and therefore, no mitigation measures are necessary. 22(a). Aesthetics - Existing residences presently have vistas which are viewed through the site. Depending on site design and building heights, some vistas may be negatively affected. Mitigation Measures: Compliance with S.P. (Scenic Preservation) Overlay which restricts building heights to one story will be required. Additionally, line of sight studies will be submitted to analyze sight impact. 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 DATE: November 3, 1981 A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT Case Nos: CUP 07-81 & TT 18165 Applicant: GILANO DEVELOPMENT COMPANY 2772 Main Street Irvine, CA 92714 Project Description/Location: 13 unit condominium project on 1.228 acres on Ryway Place, 250 feet north of Grapevine St. Reasons project will not have a significant adverse impact on the environment: Design complies with applicable City codes and no adverse environmental impacts will be created which cannot be mitigated. Mitigation measures applied to project: See staff report„ initial study and Resolutions of approval for mitigation measures. RAMON A. DIAZ DIRECTOR OF ENVIRONMENTAL SERVICES /Ir INITIAL STUDY IS ATTACHED HERETO. , CASE NO. 6A $I- IS El VIAOITMtNTAL SERVICES DEPT. INITIAL STUDY ENVIRONMENTAL EVALUATION CHECKLIST NOTE: The availability of data necessary to address the topics listed below shall form the basis of a decision as to whether the application is considered complete for purposes of environmental assessment. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers, possible mitigation measures and comments are.: provided ,on attached sheets) . Yes Maybe No 1 . Earth. Will the proposal result in: a. Unstable earth conditions or in changes in _ - N geologic substructures? b. Disruptions, displacements compaction, or ti - - overcovering of the soil? c. Change in topography or ground surface relief s- features? d. The destruction, covering; or modification of any unique geologic or physical features? — — e. Any increase in wind or water erosion of soils, either on or off the site? — — 2. Air. Will the proposal result in: a. Air emissions or deterioration of ambient air ` quality? — _ — b. The creation of objectionable odors? _ — c. Alteration of air movement, moisture, or temperature, or any change in climate, either locally or regionally? — — — w 2. Yes Maybe No 3. Water.- Will the proposal result in: a.,...- Changes in currents, 'or the course or direction of water movements? �r b: Changes in absorption rates, drainage patterns, or the rate and amount of surface water runoff? c. Alterations to the course or flow of flood waters? — — — d. Alteration of-the direction or rate of — — flow of ground waters? e. . Change in the quantity of ground waters, either through direct additions or with- drawals, or through interception of an aquifer by cuts or excavations? �l f. Reduction in the amount of water other- wise available for public water supplies? — — IV — _ _ Plant Life. Will the proposal result in: a. Change in the diversity of species, or numbers of any species of plants (including trees, shrubs, grass, and crops)? _ b. Reduction of the numbers of any unique, rare, ` or endangered species of plants? V c. Introduction of new species of plants into an area, or in a barrier to the normal ` . replenishment of existing species? V 5. Animal. Life. Will the proposal result in: a. Changes in the diversity of species, or numbers of any species of animals (birds, land animals including. reptiles, or insects)? V b. Reduction of the numbers of any unique, rare, or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to \ the migration or movement of animals? �r d. Deterioration to existing wildlife \ habitat? V 3 Yes Mavbe No 6. Natural Resources. Will the proposal result in: a. Increase in ::the rate of use of any natural resources? r -- --- b. Depletion ofeany non-renewable natural resource? 7. Energy. Will the proposal result in: a. Use of substantial amounts of fuel or energy? b. Demand upon existing sources of energy, or re- quire the.deuelopment of new sources of energy? 8. Risk of Upset-."Does 'the proposal : involve a risk of an explosion or the release of hazardous substances (including, but not limited to, pesticides, oil , chemicals, or radiation) in the event of an accident or upset conditions? :c — — — 9. Economic Loss. Will the proposal result in: :i a. A change in the value of property and improvements endangered by flooding? - t. — — — b. A change in the value of property and improvementsrexposed to geologic hazards \, beyond accepted community risk standards? V 10. Noise. Will the proposal increase existing ` noise levels toethe point at which accepted community noise and vibration levels are exceeded? 11. Land Use. Willethe proposal result in the a t�fteration of the present developed or planned land use of an area? 12. Open Space. Will the proposal lead to a decrease in theramount of designated open \ space? V 13. Population. Will the proposal result in: a. Alteration o F the location, distribution, density, or growth rate of the human — — \ j population of the City? V b. Change in the population distribution by t. age, income,-religion, racial , or ethnic — group, occupational class, household type? 4. Yes Maybe No 14. Employment. Will the proposal result in additional new long-term jobs provided, or a change in the number and per cent employed, \ unemployed, and underemployed? �r 15. Housing. Will the proposal result in: a. Change in number and per cent of housing units by type (price or rent range, zoning category, owner-occupied and rental , etc. ) relative to demand or to number of j families in various income classes in the City? b. Impacts on existing housing or creation of a demand for additional housing? 16. Transportation/Circulation. Will the proposal result in: - a. Generation of additional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? — - - ------ - c. Impact upon existing transportation systems? d. Alterations to present patterns of circulation or movement of people and/or goods? — — — e. Increase in traffic hazards to motor vehicles, bicyclists, or pedestrians? 17. Public Services. Will the proposal have an effect upon, or result in a need for, new or altered governmental services in any of the following areas: \ a. Fire protection? b. Police protection? c. Schools? _ _ \4 \ d. Parks or other recreational facilities? v e. Maintenance of public facilities , including roads? _ \V f. Other governmental services? g I r .L" • • ( In \ 5. Yes Maybe No 18. Public Fiscal Balance. Will the proposal result in a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? 19. Utilities. Will the proposal result in a need for new systems, or alterations to the following utilities: a. Power or natural gas? b. Communications system? c. Water? _ — d. Sewer or septic tanks? — — e. Storm water drainage? f. Solid waste and disposal? 20. Human Health. Will the proposal result in: a. The creation of any health hazard or potential health hazard? b. A change in the level of community health = \ care provided? V I i 21.""- Social Services. Will the proposal result in an increased demand for provision of general — — social services? 22. Aesthetics. Will the proposal result in: a. Obstruction of any scenic vista or' view open to the public? b. The creation of an aesthetically offensive site open to public view? c. Lessening of the overall neighborhood (or area) attractiveness, pleasantness , —and uniqueness? 23. Light and Glara. Will the proposal produce new light or glare? 24. Archeological/Historical . Will the proposal result in an alteration of a significant archeological or historical site, structure, \ object, or building? v 6. Yes MLbe No 25. Mandatory Findinqs of Significance. _. a. Does the project have the potential to degrade the quality of the environment or to curtail the diversity in the environment? _ — b. Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental -goals? (A short-term impact on the environment is one which occurs in a relatively brief, 'definitiue period of time while long-term impacts will endure well into the future. ) c. Does the project have impacts which are indi- vidually limited, but cumulatively considerable? (A project may impact on two or more separate resources where the impact on each resource is relatively small , but where the effect of . the total of those impacts on the environment is significant. ) d. Does the project have environmental effects which will cause substantial adverse effects ` on human beings , either directly or indirectly? _ Initial Study Prepared By: — � 4JMC4-PAL _ _ Zol-v x. 'dining . . roll cen , - JOw. -1 living room _I-.—JL_ I L1 PP ii� we bar �r1 - ;,m kitchen garage o ,._-Y.t• .'oo 'box - tl w bedroom " _ ., � sloyeO Celllnp a o : master ;bedroom, UP IZ'niy- elPPatl cellin9 Q 1172 so. fti:: LA - ._..- -52 O kitchen w bar r- living room:. ix . . _ L_j as _ L_1 *- ' dining garage - � I up p- uv poll car, a t retreat- I Iix = - an up o 1 I O .bedroom �' master, -o m u wxlx bedroom n 6'x C r- '-16 7 0 sq. ft..` living room, . Fri' rt 1r —1 0 garage 1 F ( , -o L kitchen 00 _ u . Q0 4 bedroom r u � slocea ceiling r 1 Q . master: bedroom . 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SU•2l�ol,!D I►�� (KRELQ� Off° 1FDM ss= nDc&=< tM oo 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 December 21 , 1981 °\r. Et:':6� :1' •i: !iiiL SERVICES 1,4, r OF PALM DESERT Gilano Development Company 2772 Main Street Irvine, California 92714 Subject: Request for Approval of TT 18165 Ryway Place. -Gentlemen: At its adjourned meeting of December 17, 1981 , the Palm Desert City Council did approve the subject request by adopting Resolution No. 81-152, as amended. I am enclosing a copy of said resolution for your files. If you should have any questions, please do not hesitate to contact me. Sincerely, SHEILA R. GILLIGAN CITY CLERK SRG/dc Enclosure (as noted) cc: Adams, Streeter and Woolsey ✓Department of Environmental Services Public Works Department RESOLUTION NO. 81-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW THE CONSTRUCTION OF 13 CONDOMINIUM UNITS IN THE R-2 8000 (4) S.P. ZONE LOCATED ON RYWAY PLACE, 250 FEET NORTH OF GRAPEVINE STREET. CASE NO. TT 18165 WHEREAS, the City Council of the City of Palm Desert, California, did on the 3rd day of December, 1981, hold a duly noticed public hearing to consider the request of GILANO DEVELOPMENT COMPANY for a one lot Tentative Tract Map and a Negative Declaration of Environmental Impact to allow the construction of 13 condominium units on 1.228 acres in the R-2 8000 (4) S.P. (Single Family Residential, minimum 8000 sq.ft. lot size, one unit per 4000 sq.ft. of lot area, Scenic Preservation Overlay) zone, located on Ryway Place, 250 feet north of Grapevine Street; WHEREAS, the City Council of the City of Palm of Palm Desert did on the 17th day of December, 1981, continue the hearing initiated on the 3rd day of December, 1981; WHEREAS, the Planning Commission, by Resolution No. 754 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, Resolu- tion No. 80-8911, in that the Director of Environmental Services has determined that the project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared; and, WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons justified in the staff report to the Planning Commission dated November 3, 1981, on file in the Department of Environmental Services, to exist to recommend approval of the Tentative Tract Map: (a) That the proposed map is consistent with applicable 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 enviommental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) that the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby approve the above described Tentative Map No. 18165 for the reasons set forth in this Resolution and subject to the attached conditions. 3. That a Negative Declaration of Environmental Impact is hereby approved. FURTHER, BE IT RESOLVED that the recommended conditions of approval do include a requirement that the applicant pay in-lieu fees to comply with the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance. In return the City a RESOLUTION NO. 81-152 Council agrees to use said fees for park purposes in conformance with an adopted master plan, within five (5) years of the recordation of the final map. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 17th day of December, 1981, by the following vote, *to wit: AYES: McPherson, Puluqi, Wilson NOES: Newbrander, Snyder ABSENT: None ABSTAIN: None S. ROY(WILSON, Mayor ATTES4R. AN, SHEILA Ci lerk City of C i nia Ar L _ s� RESOLUTION NO. 81-152 CONDITIONS OF APPROVAL TT 18165 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. The CC&Rs for this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits. 3. Area shall be annexed to appropriate Improvement District having jurisdiction over the subject area. 4. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 5. All requirements of the City Fire Marshal from his letter of September 14, 1981, shall be met as a part of the development of this tract. 6. The applicant shall have twelve (12) months from the date of the approval or conditional approval of the tentative map for filing of the final map unless an extension of time of up to eighteen (18) months is granted by a Resolution of the City Council. 7. Developer shall pay a fee in lieu thereof, as a condition of the Final Map, for park and recreation purposes. The City shall commit the use of any such fees received within a five year period. 8. Full public improvements, including traffic safety lighting as required by ordinance and the Director of Public Works, shall be installed in accordance with City standards. Energy costs for lighting shall be paid by the homowner's association. 9. If a homeowner's association will not be formed, the developer shall initiate and pay all costs pertaining to the formation of a landscaping and lighting maintenance district. 10. Drainage and signalization fund fees as required by City ordinance shall' be paid prior to recordation of the final map. 11. Drainage facilities shall be provided per Ordinance No. 218 and the Master Drainage Plan to the specifications of the Director of Public Works. 12. Improvement plans for water and sewer systems shall be approved by the respective service districts. 13. Complete improvement plans and specifications shall be submitted as required by ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as-built" plans prior to acceptance of the subdivision improvements by the City. 14. Additional storm drain construction shall be contingent upon a drainage study by the private engineer to be approved by the Director of Public Works. 15. Sidewalks shall be installed to City standards. 16. The property lies within the AO-2 flood zone as shown per Federal Insurance Rate Maps. A flood hazard report, as required by Ordinance No. 221 (Flood Damage Prevention Ordinance), shall be submitted to the Public Works Department. The report must be approved by the Flood Review Committee prior to recordation of the final map. IT, PIVEPSIDE CCUNTY v; FIRE DEPARTMENT .`•:�L' LIIh: `/�lll-.NT( .::,;�pt�l 7` IN COOPERATION WITH THE "' '�r- CALIFORNIA DEPARTMENT OF FORESTRY DAVID L. FLAKE COUNTY FIRE WARDEN210 WEST SAN JACINTO STREET PERRIS. CALIFORNIA 923-10 September 14, 1981 TELEPHONE (714) 657-3183 Raman Diaz Director of Environmental Services City .of Palm Desert ,.'_u: 45-275 Prickly Pear Lane Palm Desert, CA 92260 Reference: Case No. CUP 07-81 and TT18165 Dear Mr. Diaz: Prior to construction of any of the proposed buildings, the following conditions must be met: 1. Install a water system capable of delivering 2500 GPM fire flow for a two (2) hour duration in addition to domestic or other supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. A. Hydrants shall not be located closer than 25 feet to any building. B. Exterior surfaces of hydrant barrels and heads shall be painted chrome yellow and the tops and nozzle caps shall be painted green. C. Curbs, if installed, shall be painted red 15 feet in either direction from each hydrant. 3. Prior to issuance of a building permit, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. Upon approval, one copy will be sent to the Building Department and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer, and approved by the water company, with the following certification: " I certify that the design of the water system in Case Number CUP 07-81 and TT18165 is in accordance with the requirements prescribed by the Fire Marshal." I .. e I Ramon Diaz Director of Environmental Services 9/14/81 City of Palm Desert. Reference: Case No. CUP 07-81 and TT18165 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Sincerely, DAVID L. FLAKE County Fir Wa den Eric L. Vog Fire Marshal JJJ to cc: J. Zimmerman, CVWD .4- CITY OF PALM DESERT STAFF REPORT TO: Planning Commission APPLICANTS: GILANO DEVELOPMENT CO. ADAMS, STREETER & WOOLSEY 2772 Main St. Civil Engineers, Inc. Irvine, CA 92714 17981 Skypark Circle, STE M Irvine, CA 92714 CASE NOS: CUP 07-81 and TT 18165 DATE: November 3, 1981, continued from Sept. 29, 1981 i 1. REQUEST: Approval of a Conditional Use Permit, one lot Tentative Tract Map and a Negative Declaraton of Environmental Impact to allow construction of 13 condominium units on 1.228 acres within the R-2 8000 (4) S.P. (Single family Residential, 8000 sq.ft. minimum lot size, one unit per 4,000 sq.ft. of lot area, Scenic Preservation Overlay) zone, located on Ryway Place 250 ft. north of Grapevine Street. H. BACKGROUND: A. ADJACENT ZONING/LAND USE North: R-2 8000 (4)/5 condominium units South: R-2 8000 (4)/two duplex units East: R-2 8000 (4)/Residential unit across Burroweed St. West: O.S./Golf Course B. GENERAL PLAN LAND USE DESIGNATION: Low Density Residential 3-5 d.u./acre C. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed project will not have a significant adverse impact on the environment and a Negative Declaration has been prepared. III. DISCUSSION: A. GENERAL: F This request was continued from September 29, 1981, at the request of the applicant to revise the proposed plans. Those revised plans have now been submitted and are analyzed herein. The applicants propose 13 condominium units in structures of 7,2 and 4 units on five lots which will be consolidated. The units are split level with the garages tucked under the living area. The property has a Scenic Preservation (S.P.) Overlay which restricts development to one story with height to be determined by approval. The plan is designed as a split-level with the garage being a basement* and not a second story. The property is within the AO-2 flood zone and so identified by the Federal Flood Rate Maps presently in effect. The applicant has informally obtained Public Works approval for compliance with the City Flood Prevention Ordinance. The submitted plans have been revised to reflect that approval. *Basement. 'Basement" means that portion of building between floor and ceiling which is partly or wholly underground. A basement shall be counted as a story for 1 purposes of height measurement where more than one-half of its height is above 1+ the average level of the adjoining ground. i -1- Staff Report CUP 07-81 & TT 18165 November 3, 1981 B. DESIGN: The units are designed as a split level with a portion of the living area over the garage. The height of the buildings from existing grade vary due to existing topography and flood ordinance requirements. The applicant has revised the first plans submitted to Staff in an effort to lower the height of the structures. On the garage side of the units (which is classified as a basement and not a story) the height above existing grade on site varies from 17 feet to 19.5 feet. the actual height of the building on the garage side will be 22 feet. The top of the building above existing grade on the opposite side will be 18 feet (16 feet of building plus two feet of fill to comply with the Flood Damage Prevention Ordinance.) _ - The height of the buildings while split level with a basement are generally equivalent to what could be built as a conventional one story building. However, it is possible to further lower the building height through a redesign and use of flat or minimally pitched roofs. This would com_ pletely alter the architectural style of the project. The exterior is spanish in nature with materials consisting of stucco, wood trim, ceramic the and a red tile roof. All units would be provided with fireplaces. The plans indicate A decorative treatment to the driveway areas. Each unit will be provided with a private yard in the rear. A golf cart path will be provided from Ryway Place to Burroweed Street. s a C. RECREATIONAL AMENITIES:` 1 swimming pool with cabana 1 jacuzzi D. PARKING: Required - 26 covered spaces 7 uncovered spaces Provided - 26 garage spaces 7 uncovered spaces E. BUILDING SUMMARY: Units Plan Sq.Ft. Plan Type 9 A 1607 2 bedrm/retreat/2 bath 2 B 1172 2 bedrm/2 bath 2 C 1189 2 bedrm/2 bath 13 Total units F. LOT SIZE/DENSITY/BUILDING COVERAGE: Size: 53,501.8 Sq.Ft: 1.23 acres Density: 1 d.u. per 4115.52 sq.ft. - It should be noted that if the 5 lots were developed individually 12 units could be built under the existing zoning. Coverage: 18,927 Sq.ft: 35.3% G. PERIMETER TREATMENT: A combination block/wrought iron wall will be provided along the west, north and east property line. Along the south property lines on both sides of _Ryway Place there are existing walls. The south wall treatment will have to be reviewed by the Design Review Board. -2- Staff Report CUP 07-81 & TT 18165 November 3, 1981 IV. CONDITIONAL USE PERMIT CONSIDERATIONS: The condominium use requested by the applicant is permitted with approval of a Conditional Use Permit in the R-2 zone. The development complies with the applicable R-2 requirements. Setbacks normally required in R-2 are not applicable to.developments of this nature and are as approved. As designed, the only deviation from single lot development in setbacks is along the north property line. This setback would be a rear yard in a single lot development and would be 20 feet, while 8 feet and 11 feet is proposed. However, there are only buildings adjacent to approximately 47% of the north property line. State and local law requires certain findings be justified prior to approval of a CUP. Those findings and justifications are as follows: Finding A: The proposed location of the conditional use is in accord with the objectives of the Municipal Code and the purpose of the district in which the site is located; Justification: The proposed location is in accord with the objectives and purpose of the Municipal Code _in that the R-2 zone allows multi-family complexs and condominium ownership with a CUP. The project, furthermore, complies with the purpose and intent of the R-2 zone which states that "a variety of types of housing at a medium range of population densities consistent with sound standards of public health and safety" is to be reserved in appropriate areas. - Finding B: The proposed location of the conditional use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or be materially injurious to properties or improvements in the vicinity; j Justification: The property is located in the R-2 8000 (4) S.P. zone. The properties to the north, south and east are also zoned R-2 8000 (4) with Open Space zoning to the west. Approximately 200 feet to the west across the golf course (O.S.), the property is zoned R-2 8000 (4). The surrounding properties are developed with various housing types including duplexes, fourplexes and a 5 unit condominium (2 duplexes and 1 detached unit). Across the golf course to the west is an attached residential complex consisting of 10 units. The densities of the surrounding land vary from 1 dwelling unit (d.u.) per 3793 sq.ft. to 1 d.u. per 5401 sq.ft. The 10 unit complex to the west is developed at 1 unit per 7100 sq.ft. The subject project is proposed at 1 d.u. per 4115.5 sq.ft., which is below the maximum 1 d.u. per 4000 sq.ft. allowed by the zoning. The building heights proposed vary from 16 feet to 19.5 feet above existing grade which is only 1.5 feet higher than what could be built if the 5 lots were individually developed. The applicant is providing 2.5 parking spaces per unit or 33 for the 13 unit project. IGenerally speaking, approximately half the dwellings in the neighboring area comply with the present parking requirements with the balance not meeting current codes. As previously noted the property is in the AO-2 flood zone and as such will have to comply with the City Flood Prevention Ordinance as well as the Master Drainage Plan. Compliance with these ordinances will prevent stormwater and drainage damage. I I As can be seen from the above facts, the project will not be detrimental to the public health, safety, or welfare or be materially injurious to properties or improvements in the vicinity because of design and compliance with City Codes. Finding C: The proposed conditional use will comply with each of the applicable provisions of the Municipal Code except for approved variances or adjustments; i -3 I i Staff Report CUP 07-81 & TT 18165 November 3, 1981 The project as designed will comply with applicable Municipal Codes and do not require any Variances and Adjustments. Finding D: The proposed conditional use complies with the goals, objectives, and policies of the City's General Plan. The project is in an area designated as 3-5 residential dwelling units per acre on the Land Use Element of the General Plan. While the project is higher than 3-5 d.u./acre, as are most of the adjoining properties, the density is in compliance when.averaged with the surrounding neighborhood. V. TENTATIVE TRACT CONSIDERATIONS: The applicants propose a one lot subdivision for condominium purposes. This would consolidate the 5 existing lots. Street improvements will consist of curb and gutter - on Ryway Place. Specific findings and justification must be made in order to recommend approval of a Tentative Tract Map to the City Council. Those findings and justifications are as follows: Finding 1: The proposed map is consistent with applicable general and specific plans. Justification: The justification as noted for Finding D of the CUP also applies to this finding. Finding 2: the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Justification: The adjacent streets ,will be; improved as necessary and drainage facilities will be in conformance with�applicable'drainage and flood ordinances. Finding 3: The site is physically suitable for the type of development. , Justification: The site is physically similar to adjoining properties and zoned for residential use as are adjoining residentially developed properties. Finding 4: That the site is physically suitable for the proposed density of development. Justification: the vacant subject site and surrounding developed properties to the north, south, east and west (across golf course) allows 1 d.u. per 4000 sq.ft. of land areas. Those properties developed to the north, south, and east are developed at no more than the maximum density. Since the site is physically similar to those surrounding properties, it can be concluded that the site is physically suitable for the density of proposed development. Finding 5: 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. Justification: The proposed project site, being an in-fill location, does not have any significant flora or fauna existing on the site. Therefore, there will not be substantial injury to fish or wildlife or their habitat. Finding 6: The design of the subdivision or the type of improvements is not likely to cause serious public health problems. Justification: The design of the subdivision and type of improvements will not cause serious public health problems because the project will be developed in concert with applicable local, state, and federal regulations. Finding 7: The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. -4- Staff Report CUP 07-81 & TT 18165 November 3, 1981 Justification: There have been no easements acquired by the public at large for access through or use of property within the proposed subdivision. VI. ANALYSIS: The submitted plans comply with applicable zoning ordinance requirements. The one story height limit imposed by the Scenic Preservation Overlay is complied with because of the garage level basement. As previously noted, the heights of the buildings are substantially the same as those which could be found on a conventional single story building. The project will be required to comply, with all applicable drainage and flood ordinances and therefore will not create new problems on-site or downstream. Staff feels the required findings for the CUP and Tentative Tract Map can be justified for this request. It should be noted that four letters opposing the project have been received and are attached. Two additional letters from the same individual voicing approval have also been received and are also attached. All the letters objecting refer to rezoning and increasing density. As previously noted, while 13 units are proposed, 12 units (possibly 13 with-lot line adjustments) could now be built on the 5 existing i individual lots. i t VII. STAFF RECOMMENDATION: Based on justifications contained in this report and the attached draft Resolutions. Staff recommends that the Planning Commission adopt the findings for the Conditional Use Permit' and Tentative Tract Map as noted above, and adopt Resolution Nos. , , approving CUP 07-81 and TT 18165. 1 "A Resolution of the Planning Commission of the City of Palm Desert, approving a Conditional Use Permit and Negative Declaration of Environmental Impact to allow the construction I of 13 condominium units in the R-2 8000 (4) S.P. zone located on Ryway Place, 250 feet north of Grapevine Street." "A Resolution of the Planning Commission of the City of Palm Desert, recommending approval to the City Council of a Ten- Tative Tract Map and Negative Declaration of Environmental Impact to allow construction of 13 condominium units in the R-2 8000 (4) S.P. zone, located on Ryway Place, 250 feet north of Grapevine Street." g VIII. ATTACHMENTS: A. Draft Resolutions _ B. Legal Notice C. Comments from other Departments and agencies D. Letters received from surrounding property owners E. Initial Study and Draft Negative Declaration of Environmental Impact. F. Submitted Plans and Exhibits Prepared by Reviewed and Approved by 1 /lr JI -5- i MINUTES PALM DESERT PLANNING COMMISSION MEETING TUESDAY - SEPTEMBER 29 , 1981 7 :00 P .M . - CITY HALL COUNCIL CHAMBERS I . CALL TO ORDER Chairman Miller called e meeting to order at 7 :00 p.m. II . PLEDGE OF ALLEGIANCE- - mV ssioner Berkey III . ROLL CALL Members Present : Commissioner Berkey Commissioner Kryder Commissioner Richards Commissioner Wood Chairman Miller Staff Present: Ray Diaz , Director of Envir . Services Stan Sawa, Principal Planner Steve Smith , Associate Planner Phil Drell , Assistant Planner Linda Russell , Planning Secretary Others Present : Barry McClellan, Dir . of Public Works Eric Vogt , Fire Marshal IV . APPROVAL OF MINUTES: September 16 , 1981 Moved by Commissioner Wood, seconded by Commissioner Berkey, to approve the minutes as submitted. Carried 5-0. V . SUMMARY OF COUNCIL ACTION Mr. Diaz reviewed the itemsof the Council meeting of September 24 , 1981 . VI . CONSENT CALENDAR A. Preannexation zoning for the east 1 /2 of the east 112 of Section 32 . - Moved by Commissioner Berkey, seconded by Commissioner Ric- hards, to set a hearing on November 3 , 1981 . Carried 5-0. VII . PUBLIC HEARINGS A . Case No . CUP 07-81 - GILANO DEVELOPMENT CO. , Applicants Request for approval of a Conditional Use Permit to allow construction of 13 condominium units on 1 .2 acres within the R-2 8 ,000 ( 4) S .P . zone loca- ted on Ryway Place 250 ft. north of Grapevine St. and ; 0B _ Case No . TT 18165 - GILANO DEVELOPMENT CO. , Applicants Request for approval of a one lot Tentative Tract Map to allow construction of 13 condominium units on 1 .2 acres within the R-2 8 ,000 ( 4) S .P . zone , located on Ryway Place 250 ft. north of Grapevine St . At applicant ' s request and recommendation of staff it was moved by Richards , to continue this matter to November 3 , 1981 , at 7 .00 p.m. Carried 5-0 . 1 r 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260. TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE, September 30, 1981 APPLICANTS) Gilano Development Company 2772 Main Street I rvi ne,_CA.-927_1.4` CASE NO: Cthelp- 1 and TT 18165 The Plannin of-the-C-i,ty of Palm Desert has considered your request and taken g action at its meeting of September 29, 1981 X CONTINUED TO November 3, 1981 DENIED BY PLANNING COMMISSION RESOLUTION NO. APPROVED BY PLANNING COMMISSION RESOLUTION NO. PLACED ON THE AGENDA OF THE CITY COUNCIL , 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. RAMON A. DIAZ PALM DESERT PLANNING COMMISSION cc: Coachella Valley Water District File 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COM14ENTS AND CONDITIONS OF APPROVAL CASE NO: CUP 07-81 and TT 18165 PROJECT: _CONDITIONAL USE. PERMIT AND TENTATIVE TRACT MAP APPLICANT: GIl_ANo nu aoPMENT COMPANY Enclosed please find materials describing a project for which the-following is being requested: Approval of a one lot Tentative Tract Map and Conditional Use Permit to allow construction of 13 condominium units on 1 .228 acres within the R-2(4) S.P. (Single Family Residential , one unit per 4,000 square feet of lot area, Scenic Preservation_. Overlay) zone, located. on Ryway Place 250' north of Grapevine more particularly described as: Lots 3,4,5,6,7 Tract 2250, Portion East z, N.E. ;, Section 29 T.5S The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The City is interested in the probable impacts on the natural environment (e.g. water and air pollution) and on public resources (e.g. demand for schools, hospitals, parks, power gener- ation, sewage treatment, etc. ) . Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. Septemhpr 91 , 1981 , in order to be discussed by the Land Division Committee at their meeting of SaptPmhpr 24 , 1981 The Land Division Committee (comprised of Director of Environmental Services, City Building Official , City Engineer, Fire Marshal and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning Commission through the staff report. Any informa- tion received by this office after the receipt deadline will not be discussed by the Land Division Committee nor will it be forwarded to the Planning Commission for consideration. Sinc y, )r/// Ramon �" E`4 Director of Environmer�o Services PLEASE RETURN MAP WITH COMMENTS i tap CIRCULATIUN LIST FOR ALL CASES Circulation of Tentative Maps, Parcel Maps, CUP's , GPA' s , etc. : REVIEW COMMITTEE: Palm Desert Director of Environmental Services - Ramon Diaz 10 Palm Desert Director of Building & Safety - Jim Hill 3 Palm Desert Director of Public Works - Barry Mc Clellan 4 Palm Desert Fire Marshall - Eric Vogt 5. Palm Desert Redevelopment Agency Consultant - Les Pricer Robert P. Brock Office of Road Commissioner and County Surveyor . Administration Office Building, Room 313 46-209 Oasis Street Indio, Calif. 92201 (Phone: 347-8511 , ext. 267) 7. M. A. Ferguson Imperial irrigation Dist. Power Div. P.O. Box 248 Coachella, Calif. 92236 (Phone: 398-2211 Rs. /Lowell U. Weeks (� General Manager - Chief Engineer Coachella Valley County Water District . (C.V.C.W.D. )" P.O. Box 1058 Coachella, California 92236 (Phone: (714) 398-2651 ) 9. R. J. Lowry Project Development Services California Department of Transportation P.O. Box 231 San Bernardino, Calif. 92403 (Phone: (714- 383-4671 ) 10. Director of Planning and Building City of Indian Wells . 45-300 Club Drive Indian Wells, Calif. 922/0 (Phone: 345-2831 ) 11 . Director of Planning City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, Calif. 92270 (Phone: 328-8871 ) 12 Kermit Martin Southern California Edison Company P.O. Box 203 Palm Desert, Calif. 92260 (Phone: 346-8660) 13 A++or y RC6003 General Telephone Co. P.O. Box Z920 Pomona, Calif. 91766 (Phone: ) 14. R.W. Riddell Engineering Department Southern California Gas Company P.O. Box 2200 Riverside, Calif. 92506 (Phone: 327-8531 , ask for Riverside extension 214) . 15. Roger Harlow Director - Pupil Personnel Service Desert Sands Unified School District 83-049 Avenue 46 Indio, Calif. 92201 (Phone: 34/-4071 ) 16. Dick Wolford Palm Desert Disposal Services, Inc. 36-711 Cathedral Canyon Drive P.O. Drawer LL Cathedral City, Calif. 92234 (Phone: 328-2585 or 328-4687) 17. Robert Lawman President, Palm Desert Community Services District 44-500 Portola Avenue Palm Desert, Calif. 92260 (Phone: 346-6338) 18. Regional Water Quality Control Board 73-271 Highway 111 , Suite 21 Palm Desert, Calif. 92260 (Phone: ) 19. Harold Housley Foreman/Mails U.S. Post Office Palm Desert, Calif. 92260 (Phone: 346-3864) 20. Joe Benes Vice President & General Manager Coachella Valley Television P.O. Box 368 Palm Desert, Calif. 92260 (Phone: 346-8157) 21 . Don Mc Neilly Palm Desert Chamber of Commerce 74-004 Hwy. 111 Palm Desert, Calif. 92260 (Phone: 346-6111 ) 22. Kevin Manning Senior Planner Riverside County Planning Commission County Administration Building, Room 304 46-209 Oasis Street Indio, Calif. 92201 (Phone: 347-8511 , ext. 277, 278, and 279) 23. James Whitehead Superintendent - District 6 State Parks and -Recreation 1350 Front Street, Room 6U54 aan Diego, Calif. 92101 (Phone: (714) 236-7411 ) 24. Robert I . Pitchford, Chairman Architectural Committee of the Palm Desert Property Owners Assoc. 73-833 El Paseo Palm Desert, Calif. 92260 off 1B::'m it 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TcLcPhvi�c �7i4) 346-06H September 11 , 1981 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A ONE LOT TENTATIVE TRACT MAP AND CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF 13 CONDOMINIUM UNITS LOCATED ON RYWAY PLACE, 250 NORTH OF GRAPEVINE STREET AND CERTIFICATION OF A NEGATIVE DECLARATION AS IT PERTAINS THERETO. CASE NOS. CUP 07-81 and TT18165 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by GILANO DEVELOPMENT COMPANY, for approval of a one lot Tentative Tract Map and Conditional Use Permit to allow construction of 13 condominium units on 1 .228 acres within the R-2(4) S.P. (Single Family Residential , one unit per 4,000 square feet of lot area, Scenic Preservation Overlay) zone, located on Ryway Place 250' north of Grapevine more particularly described as: Lots 3, 4, 5, 6, 7 Tract 2250 srTR E,E IPax aao r ,. P nooEE Ece EN. nSP r e w Q , a2 O.S s 20 00 = s � � ,o P,�•, s s� s _ _ (4) SITE O.S. o 2 ,0 fl—I 10. 0 0 ' 6P<PE VINE STNEET �xc PEViXf ,1P e PF.vixE -STPE ET _ _ I I ,Ot)0 - I R- 4 0 cn t tT23�52-5 I I I I 1a 0 R I r a} 'I I Olj SAID Public Hearing will be held on September 29 , 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. PUBLISH: Palm Desert Post September 17, 1981 x c� I�. 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 Q AlUl •P�SIAGE'; ETU TELEPHONE (7I4) 346-06II R RNF 8 I� ATTEMPT�D•N0T IitD+• i° ° O ALIF Iib$UFFICiF4'r ,,,,,,, lhT SENDER ° � REFUSED y - JAMESSC. RRINGTON R7k� 73530 G PEVINE ST. LM SERT, CA 922.60 : c IPJiTIA[S PA i ENVIRONMENTAL EE P/icy "llY Or PALM DLS, h i f � I Y 45-275 PRICKLY PEAR LANE, PALM DESERT,CAU FORNIA 92260 TELEPHONE (TI4) 346-06I1 September (9',, 1981 Gilano Development Company 2772 Main Street Irvine, CAA/ 92714 — Re: CUP'.07-81 and TT 18165 TO 4�APPLICANT: T 'Department of Environmental Services, Planning Division, has received m terials filed on your behalf and assigned the referenced case number(s) . Your application(s) will now be reviewed for completeness, and unless you are sent a notice to the contrary, the application(s) will be found complete and formally accepted following the close of a thirty (30) day period from the file date. If for any reason the referenced case(s) are found to be incomplete in the required material or information to be submitted with an application, you will be contacted by letter and advised how you may complete the application submittal . S inp y, RAMON A. DIAZ DIRECTOR OF ENVIRONME@T LA SERVICES RAD/pa 45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260 %z4La5FME0 4LU1CQW YOzslhSE ***TENTATIVE SUBDIVISION IIAP**� DEPARTP TENT OF ENVIRONMENTAL SERVICES PLANNING DIVISION Gilano Development Company Applicant (please mm) 2772 Main Street 714-754-6707 Moiling Address Telephone Trvinr CA 9 714 City State. - Zip-Code REQUEST: (Describe specific nature of approval requested) Approval of Tentative Tract No. 18165 for condominium purposes. 13 units on one lot. c t CPROPERTY DESCRIPTION: Lots 3, 4, 5, 6 & 7 of Tract No. 2250, as shown by map on file in Book 43, Page 19 of Maps, Records of Riverside County, California ASSESSOR'S PARCEL NO. Assessor's Map Book 630, Page 06, Parcels 14, 15, 16, 17 & 18 Riverside County, California EXISTING ZONING R-2, 8000 Property Owner Authorization TVUN DERSIGN EO STATES THT T AHEY ARE THE OWNER(S)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR- IC`I FOR THE FILInG OF THIS APPLICATION DarE T AGREEMENT ABSOLVING THE CITY OF PALM D ERT OF ALL LIABILITIES RELATIVE TO ANY DEED RESTRICTIONS. 1 DO BY MY SIGNAT ON THIS AGREEMENT, ABSOLVE T CITY OF PALM CESERT OF ALL LIABILITIES REGARDING ANY DEED RES- TRILTICh AT ...'BE APPLICADLE TO THE PROPERTY DESCRIBED HEREIN. IGNA RE GATE Applicants Signature SIGNATURE \\D ATE nq (FCR STArr USE CVLY) ENVIRONMENTAL STATUS ACCEPTED BY ❑ MINISTERIAL ACT E.A. No. CATEGO ❑ NEGATIVE EAE ATION CASE No. ❑ NEGATIVE CECLAR<TION 0 OTHER RErERENCE CASE NO. r, In,� 10ee 1t/70) T A M E R i Iv �5 C . ,•�,,��.'�SKS��"1i..�tea. First American Title Insurance Company 3625 FOURTEENTH STREET, (P.O. BOX 986) RIVERSIDE, CALIFORNIA 92502 • (AREA 714) 684-1600 Gilano Development Company 2772 Main Street Irvine, California 92714 Attention: George-Parker Your No. Our Order No. RIV-1608755—RJ Form of Policy Coverage Requested: In response to the above referenced application for a policy of title insurance,this Company hereby reports that it is pre- pared to issue, or cause to be issued,as of the date hereof,a Policy of Title Insurance in the form specified above,describ- ing the land and the estate or interest therein hereinafter set forth,insuring against loss which may be sustained by reason of any defect,lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said policy form. This report (and any supplements or amendments thereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. if it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. Dated as of June 18, 1981 at 7:30 a.m. Roderick W. Joh Ston TITLE OFFICE Title to said estate or interest at the date hereof is vested in: MICHAEL N. GILANO, an unmarried man The estate or interest in the land hereinafter described or referred to covered by this Report is: IN FEE At the date hereof exceptions to coverage in addition to the printed exceptions and exclusions contained in said policy form would be as follows: SEE ATTACHED PAGE 2 ORDER NO. RIV-1608755-RJ SUBJECT TW •(continued) 1. General and Special County taxes for the fiscal year 1981-82, a lien not yet payable. 2. Covenants, conditions and restrictions in document recorded January 30, 1962 as Instrument No. 8995 of Official Records of Riverside County, California. Also, an easement over said land for the hereinafter specific purpose and incidental purposes, as set forth in the document above mentioned. Said easement is for utilities, and is described as follows: "Over, along, across and 5 feet of all boundary lines". A•document declaring a modification of said covenants, conditions and restrictions was recorded June 14, 1963 as Instrument No. 62153 of Official Records of Riverside County, California. 3. ,.An easement for either or both pole lines, conduits and incidental purposes, in favor of California Electric Power Company, in Instrument recorded July 20, 1962 as Instrument No. 68367 of Official Records of Riverside County, California, located within the Southwesterly 2 feet of the Northeasterly 7 feet of the Southeasterly 14 feet of said land. (Affects Lot 4) 4. An easement for either or both pole lines, conduits and incidental purposes, in favor of California Water and Telephone Company, in Instrument recorded April 11, 1966 as Instrument No. 37697 of Official Records of Riverside County, California, located within the Easterly 3 feet of said land. (Affects Lot 7) 5. An easement over said land for the hereinafter specific purpose and incidental purposes, in favor of the Coachella Valley County Water District, in Instrument recorded February 7, 1977 as Instrument No. 20469 of Official Records of Riverside County, California. Said easement is for sanitation and incidental purposes. (Affects Lot 7) DESCRIPTION: In the City of Palm Desert, County of Riverside, State of California, described as follows: Lots 3, 4, 5, 6 and 7 of Tract 2250, as shown by Map on file in Book 43 page 19 of Maps, Records of Riverside County, California. Plat attached/sam I SEC. 29v T. 5 Sr R. 6 E. THIS MAP IS FOR INFORMATION ONLY AND 10 NOT APART OF THIS TITLE EVIDENCE Sul cfmztkan-orld, L"'U n^, �onrcny 3626 FOURTEENTH STREET RIVERSIDE.CALIFORNIA 82502 PHONE 684-1600 A BY'I➢"IO"E r. ZZ50 v b b 6 nq 5 7 _ - I a-at rU'= 50' /16 � / � G 4 /9 m C 9 ^ `yl � n � e G • 0 M ss.it si• Ei 1s 1s e b ry W COMMON A4EA , le• r � •lo.fe � !t t O' • G © p 70 M ay S/ 4 � 0 0 / n n bAS zs // y y � a 6 /1/. 9 �sO �tf i /1l 9 0 tSoor�ro Lot I - -N+ F/'Sby Le/ A q La E /'S/r/o a ISOS � � ST _ /L 4.p0 I _ /voger Tr. 1I50 L SW Cor. NE//4 MW 114 0 n OB ASSESSOR'S MAP BA' 630 PG. 06 RIVERSIDE COUNTY, CALIF . _ a. .. a• .� .i I_r. .ILL• aJL/L. 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FUN r.a LmA}Nzv �� " - � '. - '.i1 - rk�� �CEACH S/0¢.V A�AAVAI�W(II AI,L f (EGR fir Mom hi A�trLl�14" 11 It }� As1• '. .,. 4 euM, ftU rr M<F�+[7% �ik'M NNF kr 441E CAFE. � I _ It n A7�c.leM;.. � "'— � •nn }I. tNr y y ., a 4L.. II �9 'N}1'Eri1KDFIN_ :Il•"i'✓'V,1.� ., aa••: i�F,nirs.. . .rp 1 11F 1 ,'I .I Nl1lL \.;j•IhF ,, .vr unn'vil(l1/.INnn. 1 -( ILL'el ldl m'I, ( L,Z' �1• u v .. . />/:d'l4/ ./.rn./r ,(`Il. w)I\/A b,1 I YIIN. ,11 1\ \ • f I ; - George Parker Construction Manager CILANO DEVELOPMENT CORPORATION \ILJ/L/]•Y 2772 Main Streer,Irvine,California 92714(714)754-6707 , 0 Recording Requested by 1� v and when Recorded Mail to: Q � QQ GARY M. WYNN� • C v S ad Ave. , Ste. 400 505 N. Arrowhe" San Bernardino, CA 92401 `IC YwA y 7'L4 1> e DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIdNS ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP FOR SOMBRA DE MONTANAS VILLAS This declaration is made and will be effective upon the date the last indicated signature is affixed hereto by MICHAEL N. GILANO, a sole proprietor, (hereinafter referred to as Declarant) . Declarant hereby revokes all declarations heretofore executed and recorded and declares that the herein declaration supersedes all such prior declarations. RECITALS: Declarant is the owner of real property located in the City of Palm Desert, County of Riverside, California described as Lot 1 of Tract No. 18165, in the City of Palm Desert, County of Riverside, State of California, as per map recorded in Book pages and of maps, records of County Recorder Riverside County (the real property" ) . Declarant has improved or intends to improve the real property by constructing improvements on it containing 13 dwelling units and other facilities in accordance with plans and specifications on file with the County of Riverside, Califor- nia. By this declaration, Declarant intends to establish a plan of condominium ownership. DECLARATION: Declarant declares that the real property is, and shall be , held, conveyed, hypothecated, encumbered , leased , 4.. rented, used and occupied subject to the following limita- tions, restrictions, easements., covenants, conditions, liens and charges, all of which are declared and agreed to be in furtherance of a plan of condominium ownership as described in California Civil Code, Sections 1350-1360 for the subdivision, improvement, protection, maintenance, and sale of condominiums within the real property, and all of which are declared and agreed to be for the purpose of enhancing, maintaining and - 1 - protecting the value and attractiveness of the real property. All of the limitations, restrictions, easements, covenants, conditions, liens and charges shall run with the land , shall be binding on and inure to the benefit of all parties having or acquiring any right, title or interest in the real pro- petty, and shall be binding on and inure to the benefit of the successors in interst of such parties. Declarant further declare that it is the express intent that this declaration satisfy the requirements of California Civil Code , Section 11355. 1 . DEFINITIONS 1 . 1 The "Articles" mean the Association's Articles of Incorporation and their amendments. 1 . 2 The "Association" means the Condominium Homeowners Association, a California nonprofit corporation, its successors and assigns. 1 .3 The "Association rules" mean the fules and regulations regulating the use and enjoyment of the common area and recreation area adopted by the board from time to time. 1 .4 The "Board" means the Board of Directors of the Association. 1 .5 The "Bylaws" mean the Association' s Bylaws and their amendments. 1 .6 The "Common Area" means the entire development except all units as defined in this declaration or as shown on the condominium plan. 1 .7 A "Condominium" means an estate in real property as defined in California Civil Code, Section 783 consisting of an undivided interest as a tenant-in-common in the common area, together with a fee interest in a unit shown and described on the condominium plan. 1 .8 The "Condominium Plan" means the condo- minium plan recorded pursuant to California Civil Code, Sec- tion 1351 respecting the development, and any amendments to the plan. A copy of the condominium plan is attached as Exhibit A. 1 .9 The "Declarant" means MICHAEL N. GILANO, a sole proprietor, and its successorts and assigns, if such successors and assigns acquire or hold record , title to any portion of the development for development purposes. 2 - 1 . 10 The "Development" means the real property divided or to be divided into condominium or owned by the Association, including all structures and improvements on it . 1 . 11 A "Member" means every person or entity who holds a membership in the Association. 1 . 12 A "mortgage" means a mortgage or deed of trust encumbering a condominium or other portion of the development. A "mortgagee" shall include the beneficiary under a deed of trust. An "institutional" mortgagee , is a mortgagee that is a bank or savings and loan association or mortgage company or other entity chartered or licensed under federal or state laws whose principal business is lending money on the security of real property, or any insurance company or any federal or state agency. A "first mortgage" or "first mortgagee" is one having priority as to all other mortgages or holders or mortgages encumbering the same condo- minium or other portions of the development. 1 . 13 An "Owner" means each person or entity holding a record ownership interest in a condominium, includ- ing declarant, and contract purchasers under recorded con- tracts. "Owners" shall not include persons or entities who hold an interst in a condominium merely as security for the performance of an obligation. 1 . 14 A "Unit" means the elements of a condo- minium that are not owned in common with the other owners of condominiums in the development, such units and their respec- tive elements and boundaries being shown and particularly described in the condominium plan. In interpreting deeds and plans the existing physical boundaries of a unit or of a unit reconstructed in substantial accordance with the original plans shall be conclusively presumed to be its boundaries rather than the description expressed in the deed or plans , regardless of minor variance between boundaries shown on the plans or in the deed and those of the building and regardless of settling or lateral movement of the building. Whenever reference is made in this declaration in the condominium plan, in any deed or elsewhere to a unit it shall be assumed that such reference is made to the unit as a whole, including each of its component elements, and to any and all exclusive ease- ments appurtenant to such unit over common area, if any. 2. DESCRIPTION OF COMMON INTERESTS, PROPERTY RIGHTS, RIGHTS OF ENJOYMENT AND EASEMENTS 2. 1 Ownership of Condominium; Easements. Ownership of each condominium within t e eve opment Wall 3 - include a unit , an undivided 1/13 interest in and to the com- mon area, (which undivided interest shall be specified in the deed from declarant to each owner and which undivided interest cannot be altered or changed as long as the prohibition against severability of component interests in a condominium remains in effect as provided in this declaration) , a member- ship in the Association, and any exclusive or non-exclusive easement or easements appurtenant to such condominium over the common area as described in the declaration or the deed. 2.2 Owner Non-Exclusive Easements of Enioyment, Etc. Every owner of a condominium shall have a non-exclus a easement of use and enjoyment in, to and throughout the common area and for ingress, egress and support over and through the common area; however, such non-exclusive easements shall be subordinate to, and shall not interfere with, exclusive easements appurtenant to units over the common area, if any. Each such non-exclusive easement shall be appurtenant to and pass with the title to every condominium, subject to the following rights and restrictions: 2.2. 1 The right of the Association to limit the number of guests, and to adopt and to enforce the Association rules. 2.2. 2 The right of the Association to charge reasonable admission and other fees for the use of any unassigned parking and storage spaces situated upon the common area. 2. 2.3 The right of the Association to borrow money to improve, repair or maintain the common area. 2.2.4 The right of the Association to assign, rent, license or otherwise designate and control use of unassigned parking and storage spaces within the common area (other than those portions subject to exclusive easements appurtenant to units, if any) . 2.2. 5 The right of the Association to suspend the right of an owner to use any of the common area as provided in Section 4. 3. 1 .2 of this declaration. 2.2.6 The right of the declarant or its designees to enter on the development to construct the development and to make repairs and remedy construction defects if such entry shall not interfere with the use of any occupied unit unless authorized by the unit owner. 2. 2.7 The right of the Association, or its agents, to enter any unit to perform its obligations under this declaration, including obligations with respect to construction, maintenance or repair for the benefit of the - 4 - common area, or the owners in common, or to make necessary repairs that the unit owner has failed to perform. The right shall be immediate in case of an emergency originating in or threatening such unit, whether or not the owner is present. 2.2.8 The right of any owner , or his representatives, to enter the unit of any other owner to per- form permissible installations , alterations or repairs to mechanical or electrical services, including installation of television antennae and related cables, if requests for entry are made in advance and such entry is at a time convenient to the owner whose unit is being entered except that in case of emergency such right of entry shall be immediate. 2. 3 Delegation of Use; Contract Purchasers; Tenants. Any owner may delegate his rights of use and enjoy- ment n the development to the members of his family, his guests, and invitees, and to such other persons as may be permitted by the Bylaws and the Association rules , subject however, to this declaration, to the Bylaws and to the Association rules . Each owner shall notify the secretary of the Association of the names of any contract purchases or tenants of such owner's condominium. Each owner, contract purchaser or tenant also shall notify the secretary of the Association of the names of all persons to whom such owner, contract purchaser, or tenant has .delegated any right of use and enjoyment in the development and the relationship that each such person bears to the owner, contract purchaser, or tenant. Any delegated rights of use and enjoyment are subject to suspension to the same extent as are the right of owners. 2.4 Minor Encroachments. If any portion of the common area encroaches on any unit or if any portion of a unit encroaches on the common area, regardless of the cause , a valid easement exists for such encroachment and for the main- tenance of it as long as it remains , and, all units and the common area are made subject to such easements. If any structure containing a unit is partially or totally destroyed and then rebuilt and any encroachment on the common area results , a valid easement exists for such encroachment and for the maintenance of it as long as it remains, and, all units and the common area are made subject to such easements. 2.5 Easements Granted by Association. The Association shall have the power to grant and convey to any third party easements and rights-of-way in, on, over or under the common area for the purpose of constructing, erecting , operating or maintaining lines, cables, wires, conduits, or other devices for electricity, cable television, power , telephone and other purposes, public sewers, storm water drains and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes, and any similar public or quasi-public improvements or facilities, and each purchaser, 5 - in accepting a deed to a condominium, expressly consents to such easement. However, no such easement can be granted if it would interfere with the use, occupancy or enjoyment by any owner of his unit, any exclusive easements over the common area appurtenant to a condominium unless approved by the vote or written consent of the holders of not less than seventy- five percent (75% ) of the voting rights of each class of members and their first mortgagees. 3. USE RESTRICTIONS 3 . 1 Residential Use. Units shall be used for residential purposes only. However, for a period of three ( 3 ) years from the date of recordation of this decldration, units owned by declarant may be used by declarant or its designees as models, sales offices and construction offices for the pur- poses of developing, improving and selling condominiums in the development. Noting in this declaration shall prevent an owner from leasing or renting his condominium. However, any lease or rental agreement shall be in writing and any tenant shall abide by and be subject to all provisions of this Declaration, the Articles, the Bylaws, and the Association rules and any lease or rental agreement must specify that failure to abide by such provisions shall be a default under the lease or rental agreement. Also, except for a motgagee in possession of a condominium following a default in a first mortgage, a foreclosure proceeding or acceptance of a deed or other arrangement in lieu of foreclosure , no owner shall rent, lease or let his condominium for transient or hotel purposes . 3. 2 Commercial Use. Except as otherwise provided in this declaration, including Section 3. 1 , no part of the development shall be used or caused, allowed, or authorized to be used in any way, directly or indirectly, for any business , commercial , manufacturing, mercantile, storing , vending, or other such non-residential purpose. 3. 3 Maintenance . Each owner of a condominium shall be responsible for maintaining his unit, including the equipment and fixtures in the unit and its interior walls, ceilings, windows and doors in a clean, sanitary, workable and attractive condition. However, each owner has complete discretion as to the choice of furniture, furnishings, and interior decorating; but windows can be covered by drapes or shades and cannot be painted or covered by foil, cardboard, or other similar materials. Each owner also shall be responsible for repair, replacement and cleaning of the windows and glass of his unit, both exterior and interior. Unless otherwise provided in thib declaration, each owner shall clean and main- tain any exlusive easement appurtenant to his condominium. 3.4 Oil Drilling. No oil drilling, oil development operations, oil refining, quarrying , or mining - 6 - operations of any kind shall be permitted on or in the development, and no oil wells, tanks, tunnels or mineral excavations or shafts shall be permitted on the surface of the development or within five hundred ( 500) feet below the sur- face of the development. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted on the development. 3.5 Offensive Conduct; Nuisances. No noxious or offensive activities , including but not limited to, repair of automobiles or other motorized vehicles, shall be conducted within the development. Nothing shall be done on or within the development that may be or may become an angoyance or nuisance to the residents of the development , or that in any way interferes with the quiet enjoyment of occupants of units . Unless otherwise permitted by the Association rules, no owner shall serve food or beverages, cook, barbecue, or engage in similar activities, except within such owner's unit and except within those portions of the common area subject to exclusive easements appurtenant to such owner's condominium, if any. 3.6 Parking Restrictions; Use of Garage. Unless otherwise permitted by the board, no autmobile shall be parked or left within the development other than within a garage , carport, or assigned or appurtenant parking stall or space. No boat, trailer, recreational vehicle, camper, truck, or commercial vehicle shall be parked or left within the development other than in a parking area designated by the board for the parking and storage of such vehicles . However, parking by commercial vechiles for the purpose of making deliveries shall be permitted in accordance with the Associa- tion rules. Any garages and carports shall be used for park- ing automobiles only and shall not be converted for living or recreational activities. Any garage doors shall remain closed at all times except when being used to enter or exit. Not- withstanding, the Association shall maintain designated areas as guest parking which shall be reserved for the use of visitors whether invitees or licensees who shall from time to time enter upon the development. 3 .7 Signs. No sign of any kind shall be dis- played to the public view on or from any unit or within the common area without the approval of the board, except such signs as may be used by the declarant or its designees for a period of three (3) years from the date of recordation of this declaration, for the purpose of developing, selling and improving condominiums within the development. However, 'one sign of customary and reasonable dimensions advertising. a con- dominium for sale or for rent may be placed within each unit or within the commona area immediately adjacent to it by the owner, the location and design of it to be subject to approval by the board. 7 - 3.8 Antennae, External Fixtures, Etc. No television or radio poles, antennae, flag poles, clotheslines, or other external fixtures other than those originally installed by declarants or approved by the board and any replacements shall be constructed, erected or maintained on or within the common area or any structures on it. No wiring, insulation, air-conditioning, or other machinery or equipment other than that originally installed by declarant or approved by the board, and their replacements shall be constructed, erected or maintained on or within the common area, including any structures on it. Each owner shall have the right to maintain television or radio antennae within completely enclosed portions of his unit. However, if cable television is or becomes available to such owner his right 'to maintain television antennae within completely enclosed portions of his unit shall terminate immediately unless the board continues to authorize their maintenance. 3.9 Fences , Etc. No fences , awnings, ornamen- tal screens, screen doors, sunshades or walls of any nature shall be erected or maintained on or around any portion of any structure or elsewhere within the development except those that are installed in accordance with the original construc- tion of the development, and their replacements or as are authorized and approved by the board. 3 . 10 Animals. No animals, reptiles , rodents , birds, fish, livestock or poultry shall be kept in any unit or elsewhere within the development except that domestic dogs, cats, fish and birds inside bird cages may be kept as house- hold pets within any unit, if they are not kept, bred or raised for commercial purposes. The board can prohibit main- tenance of any animal that constitutes , a nuisance to any other owner in the sole and exclusive opinion of the board . Each person bringing or keeping a pet upon the development shall be absolutely liable to other owners, their family mem- bers, guests, invitees, tenants and contract purchasers, and their respective family members, guests, and invitees for any damage to persons or property caused by any pet brought upon or kept upon the development by such person or by members of his family, his guests or invitees . 3. 11 Restricted Use of Recreational Vehicles , Etc. No boat, truck, trailer, camper, recreational vehicle or tent shall be used as a living area while located on the development. However, trailers or temporary structures for use incidental to the initial construction of the development or the initial sales of condominiums may be maintained within the development, but shall be promptly removed on completion of all initial construction and all initial sales. 3. 12 Trash Disposal . Trash, garbage or other waste shall be kept only in sanitary containers. No owner 8 - shall permit or cause any trash or refuse to be kept on any portion of the development other than in the receptacles customarily used for it, which, shall be located only in places specifically designated for such purpose except on the scheduled day for trash pickup. 3 . 13 Outside Drying and Laundering. No exterior clothesline shall be erected or maintained and there shall be no exterior drying or laundering of clothes on balconies, patios, porches or other areas. 3. 14 Structural Alterations. No structural alterations to the interior of or common area surrounding any unit shall be made and no plumbing or electrical work within any bearing or common walls shall be performed by any owner without the prior written consent of the board. 3. 15 Exterior alterations. No owner shall at his expense or otherwise make any alterations or modifications to the exterior of the buildings, fences, .railings, or walls situated within the development without the prior written con- sent of the board and any institutional first mortgagee whose interest may be affected. 3 . 16 Compliance With Laws, Etc. Nothing shall be done or kept in any unit or in the common area or recrea- tion area that might increase the rate of, or cause the can- cellation of, insurance for the development, or any portion of the development, without the prior written consent of the board. No owner shall permit anything to be done or kept in his unit that violates any law, ordinance , statute , rule or regulation of any local, county, state or federal body. No owner shall allow furniture, furnishings, or other personal belongings to such owner to remain within any portion of the common area except portions subject to exclusive easements over common area appurtenant to such owner's condominium and except as may otherwise be permitted by the board. 3. 17 Indemnification. Each owner shall be liable to the remaining owners for any damage to the common area or recreation area that may be sustained by reason of the negligence of that owner, members of his family, his contract purchasers, tenants, guests or invitees, but only to the extent that acceptance of his deed, agrees for himself and for the members of his family, his contract purchasers, tenants, guests or invitees, to indemnify each and every other owner , and to hold him harmless from, and to defend him against, any claim of any person for personal injury or property damage occurring within the unit of that particular owner and within any exclusive easements over the common area appurtenant to the owner's condominium, unless the injury or damage occurred by reason of the negligence of any other owner or person temporarily visiting in said unit or portion of the common - 9 - area subject to an exclusive easement appurtenant to the con- dominium or is fully covered by insurance. 3. 18 Owner' s Obliq� atiio For Taxes. To the extent allowed by law, all condominiums, including their pro rata undivided interest in the common area and the membership of an owner in the Association, shall be separately assessed and taxed so that all taxes , assessments and charges which may become liens prior to first mortgages under local law shall relate only to the individual condominiums and not to the development as a whole. Each owner shall be obligated to pay any taxes or assessments assessed by the county assessor of the county in which the development is located against his condominium and against his personal property. 3. 19 Future Construction. Nothing in this declaration shall limit the right of declarant, its successors and assigns, to complete construction of improvements to the common area and to condominiums owned by declarant or to alter them or to construct additional improvements as declarants deem advisable before completion and sale of the entire development. The rights of declarants in this declaration may be assigned by declarants to any successor to all or any part of any declarants' interest in the development, as developer, by an express assignment incorporated in a recorded deed that transfers any such interest to a successor. 3.20 Enforcement. The failure of any owner to comply with any provision of this Declaration or the Articles or Bylaws shall give rise to a cause of action in the Associa- tion and any aggrieved owner for the recovery of damages or for injunctive relief, or both. 4. THE ASSOCIATION 4. 1 Formation. The Association is a nonprofit corporation formed under the laws of California. On the close and recording of the first condominium sale to an owner, the Association shall be charged with the duties and invested with the powers set forth in the Articles , the Bylaws and this Declaration, including, - but not limited to, control and main- tenance of the common area and any facilities on the common area. 4.2 Association Action; Board of Directors and Officers; Members' Approval. Except as to matters requiring the approval of members as set forth in this Declaration, the Articles, or the Bylaws, the affairs of the Association shall be conducted by the board and such officers as the board may elect or appoint. Such election or appointment shall be in accordance with this Declaration or the Bylaws , and their amendments. Except as otherwise provided in this Declaration, the Articles or the Bylaws , all matters requiring the appro- - 10 - val of members shall be deemed approved if members holding a majority of the total voting rights assent to them by written consent as provided in the Bylaws , or if approved by a majority vote of a quorum of members at any regular or special meeting held in accordance with the Bylaws . 4.3 Powers and Duties of Association. 4. 3. 1 Powers. The Association shall have all the powers of a nonprofit corporation organized under the General Nonprofit Corporation Law of California subject only to such limitations on the exercise of such powers as are set forth in the Articles , the Bylaws and this Declaration. It shall have the power to do any lawful thing that may be authorized, required, or permitted to be done by the Associa- tion under this Declaration, the Articles and the Bylaws, and to do and perform any act that may be necessary or proper for or incidental to, the exercise of any of the express powers of the Association, including, without limitation, the follow- ing: 4.3. 1 . 1 Assessments . The Associa- tion shall have the power to establishh,, fix, and levy assess- ments against the owners and to enforce payment of such assessments, in accordance with the provisions of this decla- ration. However, the approval of members shall be required as to the amounts of all regular and special assessments except as otherwise provided in this Declaration. 4. 3. 1 .2. 1 General Power. The Association in its own name and on its own behalf, or on be- half of any owner who consents , can commence and maintain actions for damages or to restrain and enjoin any actual or threathened breach of any provision of this Declaration or of the Articles or Bylaws, or of the Association rules or any re'solutions of the board, and to enforce by mandatory injunc- tion, or otherwise, all of these provisions. In addition, the Association can suspend the voting rights , can suspend use privileges of the common area or can assess monetary penalties against any owner or other person entitled to exercise such rights of privileges for any violation of this Declaration or the Articles, Bylaws , Association rules, or board resolutions . However, any such suspension of use privileges cannot exceed a period of thirty ( 30 ) days for any one violation and any mone- tary penalty cannot exceed Fifty Dollars ( $50) for any one violation. Notwithstanding, the Association may not cause any fine or suspension under this section without first delivery or written notice of such fine or suspension to the offending member at least 15 days prior to the effective date of the fine or suspension. Each suspended or fined owner or other person can appeal such action by filing written notice of his intention to appeal with the board at least five (5) days - 11 - prior to the effective date of the fine or suspension. The action imposing the fine or suspension shall then become ineffective until the fine or suspension is unanimously approved by all board members at a regular or special meeting of the board at which all board members are present. The owner or other person to be fined or suspended can ,appear, be represented by counsel and be heard at the meeting. Except as provided in this section, the Association does not have the power or authority to cause a forfeiture or abridgement of an owners 's right to the full use and enjoyment of such owner' s condominium if the owner does not comply with provisions of this Declaration or of the Articles or Bylaws or the Associa- tion rules , except when the loss or forfeiture is the result of a court judgment or arbitration decision or a foreclosure or sale under a power of sale based on failure of the owner to pay assessments levied by the Association. Any act under this section shall be consistent with the California Corporations Code §7341 as amended. 4. 3. 1 .2.2 Limitation re Enforcement. A monetary penalty be the Association as a disc pli-a y measure for failure of a member to comply with the governing instruments or as a means of reimbursing the Association for costs incurred by the Association in the repair damage to common areas and facilities for which the member was allegedly responsible or in bringing the member and his subdivision interest into compliance with the governing instruments may not be characterized nor treated in the governing instruments as an assessment which may become a lien against the member' s subdivision interest enforceable by a sale of the interest in accordance with the provisions of Sec- tion 2924, 2924 (b) and 2924(c) of the California Civil Code . 4. 3. 1 .2.3 Late Payment Penalties. The provisions of subsection 4.3. 1 .2.2 do not apply to charges imposed against an owner consisting of rea- sonable late payment penalties for delinquent assessments and/or charges reimburse the Association for the loss of interest and for costs reasonably incurred ( including attorney' s fees) in its efforts to collect delinquent assess- ments. 4. 3. 1 .3 Delegation of Powers; Professional Mana ement. The Association acting by and t roug the oar can elegate its powers , duties , and responsibilities to committees or employees, including a pro- fessional managing agent ("manager" ) . Any agreement for pro- fessional management of the development shall be terminable either party with our without cause and without payment of a termination fee on thirty ( 30) days' written notice. The term of any such agreement shall not exceed one (1 ) year, although such agreement may be renewed from year to year by the board. If the development is professionally maintained or managed , - 12 - the board shall not terminate professional management and assume self-management of the development without the consent of seventy-five percent (75%) of first mortgagees . 4.3.1.4 Association Rules. The board shall have the power to adopt, amend and repeal the Association rules as it deems reasonable. The Association rules shall govern the use of the common area by all owners, or their families, guests, invitees or by any contract pur- chaser, or tenant, or their respective family members , guests or invitees. However, the Association rules shall not be inconsistent with or materially alter any provisions of this Declaration, the Articles, or the Bylaws. A copy of the Association rules as adopted, amended or repealed, shall be mailed or otherwise delivered to each owner and a copy shall be posted in a conspicuous place within the development. In case of any conflict between any of the Association rules and any other provisions of this Declaration, the Articles, or Bylaws, the conflicting Association rule shall be deemed to be superseded by the provisions of this Declaration, the Articles or the Bylaws. 4.3. 2 Duties of the Association. In addition to the powers delegated to it by its Articles or the Bylaws, and without limiting their generality, the AsSoCia- tion, acting by and through the board, or persons or entities described in Section 4. 3.1 .3, has the obligation to conduct all business affairs of common interest to all owners and to perform each of the following duties: 4 .3. 2. 1 Operation and Maintenance of Common Area. To operate, maintain, and otherwise manage or provide for the operation, maintenance and management of the common area, and all its facilities, improvements, and land- scaping including any private driveways and private streets, and any other property acquired by the Association, including personal property, in a first-class condition and in a good state of repair. In this connection, the Association may enter into contracts for services or materials for the benefit of the Association or the common area, including contracts with declarant. The term of any such service contract shall not exceed one ( 1 ) year and shall be terminable by either party with or without cause and without payment of a termina- tion fee upon thirty ( 30) days ' written notice. . 4.3.2. 2 Taxes and Assessments. To pay all real and personal property taxes and assessments and all other taxes levied against the common area, personal pro- perty owned by the Association or against the Association. Such taxes and assessments may be contested or compromised by the Assocation; provided, that they are paid or that a bond insuring payment is posted before the sale or the disposition of any property to satisfy the payment of such taxes. - 13 - 4.3. 2.3 Water and Other Utilities . To acquire, provide and pay for water, sewer, garbage dispo- sal , refuse and rubbish collection, electrical , telephone , gas and other necessary utility service for the common area, and for condominiums when the condominiums are not separately billed. The term of any contract to supply any of the listed services shall not exceed one ( 1 ) year or, if the supplier is a regulated public utility, the shortest term not to exceed one ( 1 ) year for which the supplier will contract at the applicable regulated rate. 4.3. 2.4 Insurance. To obtain, from reputable insurance companies, and maintain the • insurance described in Section 8. 4. 3. 2.5 Enforcement of Restrictions and Rules. To perform such other acts, whether or not expressly authorized by this Declaration, that may be reason- ably necessary to enforce any of the provisions of this Decla- ration, the Articles and Bylaws , and the Association' s rules and board resolutions. 4.3.2.6 Enforcement of Bonded Obligations. If the Association is the obligee under a bond or other arrangement ("bond" ) to secure performance of a commitment of the declarant or its successors or assigns to complete common area improvements , not completed at the time the California Commissioner of Real Estate issues a final sub- division public report for the latest phase of the develop- ment, the board shall consider and vote on the question of action by the Association to enforce the obligations under the bond with respect to any improvement for which a notice of completion has not been filed within sixty (60 ) days after the completion date specified for that improvement in the "planned construction statement" appended to the bond. However, if the Association has given an extension in writing for the comple- tion of any common area improvement, the board shall consider and vote on the action to enforce the obligations under the bond only if a notice of completion has not been filed within thirty (30) days after the expiration of the extension. If the board fails to consider and vote on the action to enforce the obligations under the bond, or if the board decides not to initiate action to enforce the obligations under the bond, then on the petition in writing to the board signed by members of the Association representing not less than five percent (58) of the total voting power of the Association, the board shall call a special meeting of members for the purpose of voting to override the decision of the board not to initiate action or to compel the board to take action to enforce the obligations under the bond. The meeting shall be called by the board by fixing a date not less than thirty-five (35 ) days nor more than forty-five ( 45) days after receipt by the board of said petition and by giving written notice to all owners 14 - entitled to vote in the manner provided in this Declaration or in the Bylaws for notices of special meetings of members of the Association. At the meeting, the vote in person or by proxy of a majority of the owners entitled to vote (other than declarants) in favor of taking action to enforce the obliga- tions under the bond shall be deemed to be the decision of the Association and the board shall then implement this decision by initiating and pursuing appropriate action in the name of the Association. 4.3 . 3 Limitations on Authority of Board. Except with the vote or written assent of members of the Association holding fifty-one percent (51 %) of the voting rights of the Association residing in members other than the declarant, the board shall not take any of the following actions: 4.3. 3. 1 Incur aggregate expenditures for capital improvements to the common area in any fiscal year in excess of five percent (5% ) of the budgeted gross expenses of the Association for that fiscal year; or 4. 3. 3.2 Sell , during any fiscal year, property of the Association having an aggregate fair market value greater than five percent (5% ) of the budgeted gross expenses of the Association for that fiscal year; or 4. 3.3. 3 Pay compensation to members of the board or to officers of the Association for services performed in the conduct of the Association's business . How- ever, the board may cause a member of the board or an officer to be reimbursed for expenses incurred in carrying on the business of the Association. 4. 4 Personal Liability. No member of the board, or of any committee of the Association, or any officer of the Association, or any manager, or declarant , or any agent of declarant, shall be personally liable to any owner, or to any other party, including the Association, for any damage , loss or prejudice suffered or claimed on account of any act, omission, error or negligence of any such person or entity if such person or entity has, on the basis of such information as may be possessed by him or it , acted in good faith without willful or intentional misconduct. 4.5 Organizational Meeting of Members. An organizational meeting shall be held as soon as practicable after incorporation of the Association, and the directors elected then shall hold office until the first annual meet- ing. All offices of the board of directors shall be filled at the organizational meeting. 15 - 4.6 Re ular Meetin s of Members and Notice. The first annual meeting o OHM of the Association s all be held within forty-five (45 ) days after the closing of the sale of the condominium that represents the fifty-first ( 51st) percentile interest authorized for sale under the first final subdivision public report issued for the development by the California Commissioner of Real Estate , but in no case later than six (6) months after the closing and recording of the sale of the first condominium within the development. There- after, regular meetings of members of the Association shall be held at least once in each year at a time and place within the development as prescribed in the Bylaws or as selected by the board. Special meetings may be called as provided for in the Bylaws. Notice of all members' meetings, regular or special , shall be given by regular mail , personal delivery or telegram to all owners and to any mortgagee who has requested in writ- ing that such notice be sent to it and shall be given not less than ten ( 10) days nor more than thirty ( 30) days before the time of the meeting and shall set forth the place, date, and hour of the meeting, and the nature of the business to be undertaken. Any mortgagee,. through its designated representa- tive, shall be entitled to attend any such meeting but except as provided in Section 14.9 shall not be entitled to vote at the meeting. The presence at any meeting in person or by proxy of members entitled to cast at least fifty percent (50%) of the total votes of all members of the Association shall constitute a quorum. If any meeting cannot be held because a quorum is not present, members representing a majority of the votes present, either in person or by proxy, may adjourn the meeting to a time not less than five ( 5) days nor more than thirty ( 30 ) days from the date the original meeting 'was called, at which adjourned meeting the quorum requirement shall be at least twenty-five percent (25% ) of the total votes. Any meeting of members at which a quorum is present may be adjourned for any reason to a time not less than forty- eight (48 ) hours nor more than thirty ( 30) days from the time of such meeting by members representing a majority of the votes present in person or by proxy. As long as a majority of the voting power of the Association resides in the declarant , or as long as there are two outstanding classes of membership in the Association, the election of twenty percent (20%) of the directors (the "specially elected directors" ) shall be determined at a special election held immediately before the regular election of directors (except in the case of the elec- tion of a specially elected director following removal of his predecessor) . At the duly - constituted meeting of members, nominations for the specially elected director shall be made from the floor. When nominations have been closed, the special election shall take place. Declarants shall not have the right to participate in or vote in such special election ( although declarant or declarant' s representatives may be present) , and the candidates receiving the highest number of notes up to the number of specially elected directors to be - 16 - for the fiscal year it covers , and both shall be distributed to the owners within sixty ( 60) days after the close of the fiscal year. 4.7 . 3 Copies of each such balance sheet , operating statement and pro forma operating statement for the Association shall be mailed to any mortgagee who has requested in writing that such copies be sent to it. 4.8 Inspection of Association Books and Records. 4.8. 1 Any membership register, books of account and minutes of meetings of the members, the board and committees of the board of the Association, shall be made available for inspection and copying by any member of the Association, or his duly-appointed representative , or any mortgagee, at any reasonable time and for a purpose reasonably related to his interest as a member, at the office of the Association or at such other place within the development as the board prescribes. 4.8. 2 The board shall establish by reso- lution reasonable rules with respect to: 4.8 . 2. 1 Notice to be given to the custodian of the records of the Association by the member, representative or mortgagee desiring to make an inspection. 4.8. 2.2 Hours and days of the week when an inspection may be made. 4.8. 2.3 Payment of the cost of reproducing copies of documents requested by a member or by a representative or mortgagee. 4 .8 . 3 Every director of the Association shall have the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Asso- ciation. The right of inspection by a director includes the right to make extracts and copies of documents. 5. MEMBERSHIP AND VOTING RIGHTS 5. 1 Membership 5. 1 . 1 Qualifications . Each owner of a condominium, including declarants, shall—be a member of the Associaiton. No owner shall hold more than one memberhsip in the Association even though such owner may own, or own an interest in, more than one condominium. Ownership of a condo- minium or interest in it shall be the sole qualification for - 18 - elected shall be deemed to be the specially elected directors , and their term shall be the same as that of any other direc- tor. Unless members (excluding any voting rights held by declarant) assent by vote or written consent, such specially elected directors cannot be removed. in case of the death, resignation, or removal of a specially elected director, his successor shall be elected at a special meeting of members , and the provisions set forth in this Section respecting the election of a specially elected director shall apply as to the election of a successor. Except as provided in this Declara- tion, the provisions of this Declaration and of the Articles and Bylaws applicable to directors, including their election and removal , shall apply to a specially elected director. 4.7 Financial Statements of the Association. The Board shall prepare, or cause to be prepared, an annual report consisting of a balance sheet, an operating statement , a statement of charges in financial position for the fiscal year, and any information required to be reported under Sec- tion 8322 of the Corporations Code for the Association as of the accounting dates set forth in this Section, and copies of each shall be distributed to each owner within sixty ( 60 ) days after the, accounting dates. Except with respect to the balance sheet and operating statement for the Association pre- pared with respect to the first accounting date and the pro forma budget described in Section 6.4. 1 . 1 , in any fiscal year in which the gross receipts of the Association exceed Seventy- Five Thousand Dollars ($75,000 .00 ) , the balance sheet and operating statement shall be audited by an independent public accountant. If for any reason the annual report is not audited by an independent public accountant, the report shall contain a statement to that effect signed by an authorized officer of the Association. For those purposes the accounting dates for the preparation of the balance sheet and operating statement are as follows: 4.7. 1 The first accounting date shall be the last day of the month closest in time to six (6) months from the date of closing of the first sale of a condominium within the development. The balance sheet shall be rendered as of that date, and the operating statement shall be rendered for the period commencing with the date of closing of the first sale of a condominium within the development and ending as of the first accounting date. The operating statement for the first six (6) months accounting period shall include a schedule of assessments received or receivable, itemized by unit number and by the name of the person or entity assessed. 4.7.2 The second and subsequent account- ing date shall be last day of the Association' s fiscal year (which fiscal year shall be a calendar year unless a different fiscal year is adopted) . The balance sheet shall be rendered as of that date, and the operating statement shall be rendered 17 - membership in the Association. Each owner shall remain a member of the Association until his ownership or ownership interest in all condominiums in the development ceases at which time his membership in the Association shall auto- matically cease. Persons or entities who hold an interest in a condominium merely as security for performance of an obligation are not to be regarded as members. 5. 1 .2 Members ' Rights and Duties. Each member shall have the rights , duties, and obligations set forth in this Declaration, the Articles, the Bylaws and the Association's rules , as the same may from time to time be amended. 5. 1 . 3 Transfer of Membership. The Association membership of each person or entity who owns , or owns an interest in, one or more condominiums shall be appurtenant to each such condominium, and shall not be assigned , transferred, pledged, hypothecated, conveyed or alienated in any way except on a transfer of title to each such condominium or interest in it and then only to the transferee. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a condominium or interest in it shall operate automatically to transfer the appurtenant membership rights in the Association to the new owner. 5. 2 Voting. 5.2. 1 Number of Votes. The ASSOCia- tion shall have two ( 2) classes of voting membership: Class A: Class A members are all owners, with the exception of declarant. Each Class A member shall be entitled to one ( 1 ) vote for each condominium in which such class member owns an interest. However, when more than one Class A member owns an interest in a condominium, the vote for such condominium shall be exercised as they themselves determine, but in no case shall more than one ( 1 ) vote be cast with respect to any one condominium. Class B: The Class B members shall be the declarant who shall be entitled to three (3 ) votes for each condominium owned in the develop- ment with respect to which either a subsidization plan has been approved by the California Depart- ment of Real Estate or assessments are then being levied by the Association. The Class B member- ship shall cease and be converted to Class A membership on the happening of one of the follow- ing events, whichever occurs earlier: 19 5.2. 1 . 1 When the total votes out- standing in the Class A membership equal the total votes out- standing in the Class B membership; or 5. 2. 1 .2 On the second anniversary of the original issuance of the most-recently-issued final sub- division public report for the development by the Commissioner of Real Estate of the State of California; or 5.2. 1 .3 On September 1 , 1964. 5.2.2 As long as two classes of members in the Association exist, no action by the Association that must have the prior approval of the Association members shall be deemed approved by the members unless approved by the appropriate percentage of both classes of members, except as provided in Section 4.3. 2.6 of this declaration. 5. 2.3 Joint Owner Votes. The voting rights for each condominium may not be cast on a fractional basis. If the joint owners of a condominium are unable to agree among themselves as to how their voting rights shall be cast, they shall forfeit the vote on the matter in question. If any owner exercises the voting right of a particular condo- minium, it will be conclusively presumed for all purposes that he was acting with the authority and consent of all other owners of the same condominium. If more that one ( 1 ) person or entity exercises the voting rights for a particular condo- minium, their votes shall not be counted and shall be deemed void. 5. 2.4. 1 General Rights. Election to and removal from the board shall be by cumulative voting, as defined in California Corporations Code, Section 70B. Each owner shall be entitled to vote, in person or by proxy, as many votes as such owner is entitled to exercise as provided in this Declaration multiplied by the number of directors to be elected or removed, and he may cast all of such votes for or against a single candidate or director, or he may distri- bute them among the number of candidates or directors to be elected or removed, or any two or more of them. The candi- dates receiving the highest number of votes up to the number of board members to be elected shall be deemed elected. As to removal , unless the entire board is removed by a vote of Association members an individual director shall not be removed unless the number of votes in favor of removal satis- fies the requirements of California Corporations Code, Section 303 (a) ( 1 ) . Notwithstanding, so long as there are two out- standing classes of membership in the Association, not less than twenty percent (20%) of the incumbents on the board shall have been elected solely by the votes of the members other than the Declarant. A Director who has been elected to office solely by the votes of members of the Association other than 20 - the Declarant may be removed from office prior to the expira- tion of his term of office only by the vote of at least a simple majority of the voting power residing in members other than the Declarant. The election or removal of Board members shall be by secret written ballot. 5. 2.4. 2 Notice Requirements. Cumu- lative voting in the election of board members shall be pre- scribed for all elections in which more than two positions on the board are to be filled. No member shall be entitled to cumulate votes for a candidate or candidates unless such candidate's name or candidate's names have been placed in nomination prior to the voting and the member has given notice at the meeting prior to the voting of member's intention to cumulate votes. If any one member has given such notice , .all members may cumulate their votes for candidates in nomina- tion. 6. ASSESSMENTS 6. 1 Agreement to Pay. The declarant, for each condominium owned by it in the development that is expressly made subject to assessment as set forth in this Declaration, Covenant and Agree, and each purchaser of a condominium by his acceptance of a Deed, Covenants and Agrees , for each condo- minium owned, to pay to the Association regular assessments and special assessments, such assessments to be established , made and collected as provided in this Declaration. 6.2 Personal Obligations. Each assessment or installment, together with any late charge, interest, collec- tion costs and reasonable attorneys' fees , shall be the per- sonal obligation of the person or entity who was an owner at the time such assessment, or installment became due and pay- able. If more than one person or entity was the owner of a condominium, the personal obligation to pay such assessment, or installment respecting such condominium shall be both joint and several . The personal obligation for delinquent assess- ments, or delinquent installments and other such sums, shall not pass to an owner' s successors in interest unless expressly assumed by them. No owner may exempt himself from payment of assessments , or installments , by waiver of the use or enjoy- ment of all or any portion of the common area or the recrea- tion area or by waiver of the use or enjoyment of , or by abandonment of, his condominium. 6.3 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the members of the Association, the improvement, replacement, repair, opera- tion and maintenance of the common area and the performance of the duites of the Association as set forth in this Declara- tion. - 21 - 6.4 Assessments. 6 .4. 1 Regular Assessments. 6. 4. 1 . 1 Not less than sixty ( 60 ) days before the beginning of each fiscal year of the Associa- tion, the board shall prepare or cause to be prepared a pro forma operating statement or budget for the forthcoming fiscal year and shall distribute a copy thereof to each owner and to each mortgagee which has requested in writing that copies be sent to it. Any owner or mortgagee may make written comments to the board with respect to said pro forma operating state- ment. The pro forma operating statement shall be prepared consistently with the prior fiscal year' s operating statement and shall include adequate reserves for contingencies and for maintenance, repairs and replacement of the common area improvements and other improvements or personal property like- ly to maintenace, repair or replacement, which reserves shall be sufficient to satisfy the requirements of any institutional mortgagee . 6.4 . 1 . 2 . Not more than sixty ( 60 ) days nor less than thirty ( 30) days before the beginning of each fiscal year of the Association, the board shall meet for the purpose of establishing the regular annual assessment for the forthcoming fiscal year. At such meeting, the board shall review the pro forma operating statement or budget, any writ- ten comments received and any other information available to it and, after making any adjustments that the board deems appropriate, without a vote of the members .of the Association, shall establish the regular assessment for the forthcoming fiscal year; provided, however, that the board may not estab- lish a regular assessment for any fiscal year of the Associa- tion which is more than one hundred twenty percent ( 120%) of the regular assessment of the prior fiscal year of the Association (except the first such fiscal year of the Association if it should be less than twelve [ 121 months ) without the approval by vote or written consent of members holding fifty-one percent (51 %) of the voting rights residing in members other than the subdivider. 6.4. 1 .3 Unless the Association or its assessment income shall be exempt from federal or state income taxes, to the extent possible, all reserves shall be accounted for and handled as contributions to the capital of the Association and as trust funds segregated from the regular income of the Association or in such other manner authorized by law or regulations of the Internal Revenue Service and the California Franchise Tax Board as will prevent such funds from being taxed as income of the Association. 1.4.2 Special Assessments. If the board determines that the estimated total amount of funds necessary - 22 - to defray the common expenses of the Association for a given fiscal year is or will become inadequate to meet expenses for any reason, including, but not limited to, unanticipated delinquencies, costs of construction, unexpected repairs or replacements of capital improvements on the common area, the board shall determine the approximate amount necessary to defray such expenses , and if the amount is approved by a majority vote of the board it shall become a special assess- ment. The board may, in its descretion, pro rate such special assessment over the remaining months of the fiscal year or levy the assessment immediately against each condominium. Unless exempt from federal or state income taxation, all pro- ceeds from any special assessment shall be segregated and deposited into a special account and shall be used solely for the purpose or purposes for which it was levied or it shall be otherwise handled and used in a manner authorized by law or regulations of the Internal Revenue Service or the California Franchise Tax Board in order to avoid, if possible, its taxa- tion as income of the Association. 1.4. 3 Limitation Respecting Special Assessments. Any special assessment in excess of .five percent ( 5�)oft-Fie budgeted gross expense of the Association for the fiscal year in which a special assessment is levied shall require approval by vote or written consent of fifty-one per- cent ( 51 %) of the holders of voting rights of each class of members. 6. 5 Uniform Rate of Assessment. Except as otherwise specifically provided in this Declaration, including Sections 4 . 3. 1 .2, 6.4.3, 9. 3 and 9. 6, regular and special assessments must be fixed at a uniform rate for all condo- miniums and regular and special assessments shall be deter- mined by dividing the amount by the total number of condo- miniums then within the development and subject to assess- ment. 6.6 Assessment Period. The regular assessment period shall commence. on January 1 of each year and shall terminate on December 31 of such year, and regular assessments shall be payable in equal monthly installments unless the board adopts some other basis for collection. However, the initial regular assessment period shall commence on the first day of the calendar month following the date on which the sale of the first condominium in that phase to a purchaser is closed and recorded (the "initiation date" ) and shall termi- nate on December 31 of the year in which the initial sale is closed and recorded. The first regular assessment and all special assessments shall be adjusted according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments unless the board adopts some other basis for collection. The Association shall not change the pro rate interest or obligation of any condominium for pur- - 23 - section, interest at the rate of seven percent (7% ) per annum, and all costs that are incurred by the board or its authorized representative in the collection of the amounts , including reasonable attorneys' fees, shall be a lien against such con- dominium upon the recordation in the office of the County Recorder of San Bernardino County of a notice of assessment as provided in California Civil Code, Section 1356. The notice of assessment shall not be recorded unless and until the board or its authorized representative has delivered to the delin- quent owner or owners, not less than fifteen ( 15) days before the recordation of the notice of assessment, a written notice of default and a demand for payment, and unless such delin- quency has not been cured within said fifteen ( 1,5 ) day period. The lien shall expire and be void unless, within one ( 1 ) year after recordation of the notice of assessment, the board or its authorized representative records a notice of default as provided hereinafter or institutes judicial foreclosure pro- ceedings with respect to such lien. 7. 3 Notice of Default; Foreclosure . Not more than one ( 1 ) year nor less than fifteen ( 15) days after the recording of the notice of assessment, the board or its authorized representative can record a notice of default and can cause the condominium with respect to which a notice of default has been recorded to be sold in the same manner as a sale is conducted under California Civil Code , Sections 2924 , 2924b and 2924c, or through judicial foreclosure. However, as a condition precedent to the holding of any such sale under Section 2924c appropriate publication shall be made. In con- nection with any sale under Section 2924c, the board is authorized to appoint its attorney, any officer or director, or any title insurance company authorized to do business in California, as trustee for purposes of conducting the sale. If a delinquency is cured before sale, or before completing a judicial foreclosure, the board or its authorized representa- tive shall cause to be recorded in the office of the county recorder of the county in which the development is located a certificate setting forth the satisfaction of such claim and release of such lien upon payment of actual expenses incurred , including reasonable attorneys fees by any delinquent owner. During the pendency of any foreclosure proceeding, whether judicial or by power of sale, the owner shall be required to pay to the Association reasonable rent for the condominium and the Association shall be entitled to the appointment of a receiver to collect the rent. On becoming delinquent in the payment of any assessments , or installments each delinquent owner shall be deemed to have absolutely assigned all rent, issues and profits of his condominium to the Association and shall further be deemed to have consented to the appointment of a receiver (which appointment may, at the election of the Association, be enforced by the Association through specific performance) . The Association, acting on behalf of the owners, . shall have the power to bid upon the condominium at 25 - poses of levying assessments unless all owners and all insti- tutional first mortgagees have given their prior written con- sent. 6.7 Notice and Assessment Installment 'Due Dates. A single ten ( 0) day prior written notice of each annual regular assessment and each special assessment shall be given to any owner of every condominium subject to assessment in which the due dates for the payments of installments shall be specified. The due dates for the payment of intallments normally shall be the first day of each month unless some other due date is established by the board. Each installment of regular assessments and special assessments shall become delinquent if not paid within fifteen ( 15) days after its due date. There shall accrue with each delinquent installment a late charge of Fifteen Dollars ($ 15) together with interest at the rate of seven percent (7% ) per annum calculated from the due date to and including the date full payment is received by the Association. 6.8 Estop el Certificate. The board or manager, on not less than twenty ( 20) days prior written request, Shall execute , acknowledge and deliver to the party making such request a statement in writing stating whether or not to the knowledge of the Association, a particular owner is in default as to his condominium under the provisions of this Declaration and further stating the dates to which install- ments of assessments, regular or special, have been paid as to such condominium. Any such certificate may be relied on by any prospective purchaser or mortgagee of the condominium, but reliance on such certificate may not extend to any default not involving the payment of assessments of which the signer had no actual knowledge. 7 . COLLECTION OF ASSESSMENTS: LIENS 7. 1 Right to Enforce. The right to collect. and enforce assessments is vested in the board acting for and on behalf of the Association. The board or its authorized representative , including any manager, can enforce the obliga- tions of the owners to pay assessments provided for in this Declaration by commencement and maintenance of a suit at law or in equity, or the board may foreclose by judicial proceed- ings or through the exercise of the power of sale pursuant to Section 7.2 to enforce the lien rights created. Suit to recover a money judgment for unpaid assessments together with all other amounts described in Section 6. 2 shall be maintain- able without foreclosing or waiving the lien rights. 7.2 Creation of Lien. If there is a delin- quency in the payment of any assessment, or installment on a condominium, as described in Section 6.7, any amounts that are delinquent, together with the late charge described in that - 24 - foreclosure sale and to acquire, hold, lease, mortgage and convey the condominium. 7.4 Waiver of Exemptions. Each owner , to the extent permitted by law, waives, to the extent of any liens created pursuant to this Section 7 , the benefit of any home- - stead or exemption laws of California in effect at the time any assessment, or installment, becomes delinquent or any lien is imposed. 8. INSURANCE 8 . 1 Liability Insurance. The Association shall obtain and maintain comprehensive public liability insurance insuring the Association, any manager, the declar- ants and the owners and occupants of condominiums, and their respective family members, guests , invitees , and the agents and employees of each, against any liability incident to the ownership or use of the common area and including , if obtain- able, a cross-liability or severability of interest endorse- ment insuring each insured against liablity to each other insured. The limits of such insurance shall not be less than $1 ,000 ,000 covering all claims for death, personal injury and property damage arising out of a single occurrence. Such insurance shall include coverage against water damage liabil- ity, liability for non-owned and hired automobiles, liability for property of others and any other liability or risk cus- tomarily covered with respect to projects similar in construc- tion. 8.2 Fire and Extended Covera a Insurance. The Association also shall o tain and maintain a master or blanket policy of fire insurance for the full insurable value of all of the improvements within the development. The form, con- tent, and term of the policy and its endorsements and the issuing company must be satisfactory to all institutional first mortgagees. If more than one institutional first mortg- agee has a loan of record against a condominium in the development, the policy and endorsements shall meet the maxi- mum standards of the various institutional first mortgagees represented in the development. The policy shall contain an agreed amount endorsement or its equivalent, an increased cost of construction 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 clause or a similar clause to permit cash settle- ment covering full value of the improvements in case of par- tial destruction and a decision not to rebuild. The policy shall provide amounts of coverage as shall be determined by the board. The policy shall name as insured the Association, the owners and declarant, as long as declarant is the owner of any condominium, and all mortgagees as their respective 26 - interests may appear, and may contain a loss payable endorse- ment in favor of the trustee described hereinafter. 8. 3 Individual Fire Insurance Limited. Except as provided in this Section, no owner shall separately insure his unit against loss by fire or other casualty covered by any insurance carrier under Section 8.2. If any owner violates this provision, any diminution in insurance proceeds otherwise payable under policies described in Section 8 . 2 that results from the existence of such other insurance, and such owner will be liable to the Association to the extent of any such diminution. An owner can insure his personal property against loss. In addition, any improvements made by an ,owner within his unit may be separately insured by the owner, but the insurance is to be limited to the type and nature of coverage commonly known as "tenant' s improvements ." All such insurance that is individually carried must contain a waiver of subroga- tion rights by the carrier as to other owners, the Associa- tion, declarant and institutional first mortgagee of such con- dominium. 8.4 Trustee. All insurance proceeds payable under Sections 8. 2 and 8. 3, subject to the rights of mortgagees under Section 8.8, 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. Said trustee shall be a commercial bank in the county in which the development is located that agrees in writing to accept such trust. If repair or reconstruction is authorized, the board shall have the duty to contract for such work as provided for in this Declaration. 8.5 Other Insurance. The board may and , if required by any institutional first mortgagee, shall purchase and maintain demolition insurance in adequate amounts to cover demolition in case of total or partial destruction and a deci- sion not to rebuild, and a blanket policy of flood insurance . The board also shall purchase and maintain worker's compensa- tion insurance , to the extent that it is required by law, for all employees or uninsured contractors of the Association. The board also shall purchase and maintain fidelity bonds or insurance (which shall be in an amount not less than 150% of each year' s estimated annual operating expenses and reserves and shall contain an endorsement of coverage of any person who may serve without compensation) sufficient to meet the requirements of any institutional first mortgagee. The board shall purchase and maintain such insurance on personal pro- perty owned by the Association, and any other insurance, that it deems necessary or that is required by any institutional first mortgagee. 8.6 Owner' s Insurance . An owner may carry whatever personal liability and property damage liability 27 - insurance with respect to his condominium that he desires . However, any such policy shall include a waiver of subrogation clause acceptable to the board and to any institutional first mortgagee. 8.7 Adjustment of Losses. 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 Section 8. 1 , 8.2, and 8. 5. The board is granted full right and authority to compromise and settle any claim or enforce any claim by legal action or otherwise and to execute releases in favor of any insurer. 8.8 Distribution to Mortgagees. , Any mortgagee has the option to apply insurance proceeds payable on account of a condominium in reduction of the obligation secured by the mortgage of such mortgagee. 9. DESTRUCTION OF IMPROVEMENTS 9. 1 Destruction; Proceeds Exceed 858 of Reconstruction Costs. If there is a total or partial destruc- tion of the improvements in the development, and if the avail- able proceeds of the insurance carried pursuant to Section 8 are sufficient to cover not less than eighty-five percent ( 85%) of the costs of repair and reconstruction, the improve- ments shall be promptly rebuilt unless , within ninety (90 ) days from the date of destruction, members then holding at least seventy-five percent (75% ) of the total voting power of each class of members present and entitled to vote, in person or by proxy, at a duly constituted meeting, determine that such repair and reconstruction shall not take place. If repair and reconstruction is to take place , the board shall be required to execute, acknowledge and record in the office of the San Bernardino County recorder not later than one hundred twenty ( 120) days from the date of such destruction, a certi- ficate declaring the intention of the members to rebuild. 9.2 Destruction; Proceeds Less than B58 of Reconstruction Costs. If the proceeds of insurance are less than eighty-five percent (858) of the costs of repair and reconstruction, repair and reconstruction may nevertheless take place - if, within ninety ( 90) days from the date of destruction, members then holding at least- fifty-one percent ( 51 %) of the total voting power of each class of members pre- sent and entitled to vote, in person or by proxy, at a duly constituted meeting, determine that such repair and recon- struction shall take place. If repair and reconstruction is to take place, the board shall execute, acknowlege and record in the office of the San Bernardino County recorder not later than one hundred twenty ( 120) days from the date of such destruction a certificate declaring the intention of the mem- bers to rebuild. - 28 - 9. 3 Rebuilding Procedures. If the members determine to rebuild, pursuant to Sections 9 . 1 or 9. 2, each owner shall be obligated to contribute his proportionate share of the cost of reconstruction or restoration over and above the available insurance proceeds. The proprotionate share of each owner shall be equal to the ratio of the square footage of 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 the condominium of such owner which may be enforced under the lien provisions contained in Section 7 or in any other manner provided in this Declaration. If any owner disputes the amount of his proportionate liability under this Section, such owner may contest the amount of his liability by submitting to the board within ten ( 10 ) days after notice to the owner of his share of the liability written objections supported by cost estimates or other information that the owner deems to be material and may request a hearing before the board at which he may be repre- sented by counsel. Following such hearing, the board shall give written notice of its decison to all owners, including any recommendation that adjustment be made with respect to the liability of any owners. If such adjustments are recommended, the notice shall schedule a special meeting of members for the purpose of acting upon the board 's recommendation, including making further adjustments , if deemed by the members to be necessary or appropriate. All adjustments shall be affirmed or modified by a majority of the total voting power of each class of members. If no adjustments are recommended by the board, the decision of the board shall be final and binding on all owners, including any owner filing objections. 9.4 Rebuilding Contract . If the members determine to rebuild, the board or its authorized repre- sentative shall obtain bids from at least two reputable contractors and shall award the repair and reconstruction work to the lowest bidder. The board shall have the authority to enter into a written contract with the contractor for such repair and reconstruction, and the insurance proceeds held by the trustee shall be disbursed to the contractor according to the terms of the contract. 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 date. 9.5 Rebuilding Not Authorized. If the members determine not to rebuild, then, subject to the rights of mortgagees under Section 8 . 8, any insurance proceeds then available for such rebuilding shall be distributed to the owner of each condominium in proportion to his respective interest predicated on the relative fair market basis of his condominium at the time of the destruction. The appraisal shall be performed by an independent real estate appraiser according to customary standards and practices. The board - 29 - l shall have the duty, within one hundred twenty ( 120 ) days from the date of such destruction, to execute, acknowledge and record in the office of the County Recorder of said County, a certificate declaring the intention of the members not to rebuild. 9.6 Minor Repair and Reconstruction. The board shall have the duty to repair and reconstruct improve- ments , without the consent of members and irrespective of the amount of available insurance proceeds, in all cases of par- tial destruction when the etimated cost of repair and recon- struction does not exceed Twenty Thousand Dollars ($20,000 ) . The board is expressly empowered to levy a special assessment for the cost of repairing and reconstructing improvements to the extent insurance proceeds are unavailable , such assessment to be levied as described in Section 9.3 (but without the con- sent or approval of members, despite any contrary provisions in this Declaration) . 9.7 Revival of Ri ht to Partition. On recor- dation of a certificate escri a n i Section 9.5, the right of any owner to partition through legal action as described in Section 11 shall revive immediately. 10. CONDEMNATION 10. 1 Sale by Unanimous Consent. If an action for condemnation of all or a portion of the development is proposed or threatened by any governmental agency having the right of eminent domain, then, on unanimous written consent of all of the owners and after written notice to all mortgagees, the development, or a portion of it may be sold by the board acting as irrevocable attorney-in-fact of all of 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 condominiums in the development. 10. 2 Distribution of Proceeds of Sale. On a sale occurring under Section 10.1 , the proceeds shall be distributed to the affected owner and the mortgagees of each affected condominium as their respective interests may appear in proportion to each owner' s respective interest predicate on the relative fair market basis of his condominium as deter- mined by independent appraisal in accordance with standard real estate appraisal procedures and practices. 10.3 Distribution of Condemnation Award. If the development, or a portion of it, is not sold but is instead taken, the judgment of condemnation shall by its terms apportion the award among the owners and their respective mortgagees on a relative fair market basis. 10.4 Revival of Right to Partition. On sale 30 - or on taking that renders more than fifty percent (50%) of the units in the development uninhabitable, the right of any owner to partition through legal action shall revive immediately. 11 . PARTITION 11 . 1 Suspension. The right partition is suspended pursuant to California Civil Code, Section 1354 as to the development. Partition of the development can be had on a showing that the condition for suchpartition as stated in Section 9 .7 or in Section 10.4 have been met . Nothing in this Declaration shall prevent partition or division of interest between joint or common owners of any condominium. 11 .2 Distribution of Proceeds. Proceeds or property resulting from a partition shall a distributed to and among the respective owners and their mortgagees as their interests appear in proportion to each owner' s respective per- centage on a relative fair market basis. 11 . 3 Power of Attorney. Pursuant to Califor- nia Civil Code, Section 1355(b) (9 ) , each of the owners hereby grants the Association an irrevocable power of attorney to sell the development for the benefit of the owners when parti- tion can be had. Exercise of said power is subject to the approval of members and their institutional first mortgagees. 12. NON-SEVERABILITY OF COMPONENT INTERESTS IN A CONDOMINIUM 12. 1 Prohibition. Against Severance. An owner shall not be entitled to sever his unit in any condominium 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 condominium can be severally sold, conveyed, encumbered, hypothecated or otherwise dealt with, and any violation or attempted violation of this pro- vision shall be void. Similarly, no owner can sever any exclusive easement appurtenant to his unit over the common area from his condominium, and any attempt to do so shall be void. The suspension of such right of severability will not extend beyond the period set forth in Section 11 respecting the suspension of partition. It is intended hereby to restrict severability pursuant to California Civil Code , Sec- tion 1355(g) . 12. 2 Conveyances . After the initial sales of the condominiums, any conveyance of a condominium by an owner shall be presumed to convey the entire condominium. However , nothing contained in this section shall preclude the owner of any condominium from creating a cotenancy or joint tenancy in the ownership of the condominium with any other person or per- sons. - 31 - 13. TERM OF DECLARATION This Declaration shall run with the land, and shall continue in full force and effect for a period of fifty ( 50 ) years from the date on which this declaration is executed. After that time, this Declaration and all Cove- nants, Conditions , Restrictions and other provisions shall be automatically extended for successive ten ( 10 ) year periods unless this Declaration is revoked by an instrument executed by owners and their respective institutional first mortgagees of not less than three-fourths ( 3/4 ) of the con- dominiums in the development and recorded in the office of the county recorder of the county in which the cevelopment is located. 14. PROTECTION OF MORTGAGEES 14. 1 Mortgage Permitted. Any owner may encumber his condominium with a mortgage. 14.2 Subordination. Any lien created or claimed under the provisions of this Declaration is expressly. made subject and subordinate to the rights of any mortgage that encumbers all or a portion of the develop- ment, or any condominium, made in good faith and for value, and no such lien shall in any way defeat, invalidate , or impair the obligation or priority of such mortgage unless the mortgagee expressly subordinates his interest, in writ- ing, to such lien. 14. 3 Amendment. The prior written consent of seventy-five percent (75%) of the holders of all first mortgagees (based upon one vote for each mortgage held ) shall be required to any material amendment to this Decla- ration, to the Articles or to the Bylaws. As used in this section 14.3, the term "any material amendment" is defined to mean amendments to provisions of this Declaration, to the Articles or to the Bylaws governing the following sub- jects: 14. 3. 1 The purpose for which the development may be used; 14. 3. 2 Voting; 14.3. 3 Assessments, collection of assessments, creation and subordination of assessment liens; 14.3.4 Reserves for repair and replacement of common area improvements; 14. 3. 5 Maintenance of common area and improvements thereon; - 32 - 14.3. 6 Casualty and liability insurance; 14. 3.7 Rebuilding or reconstruction of common area and improvements thereon, in the event of damage or destruction; 14. 3.8 Rights of use to and in the common area; and 14.3.9 Any provision, which by its terms, is specifically for the benefit of first mortgagees, or specifically confers rights on first mortgagees . 14.4 Restrictions on Certain Changes. Unless seventy-five percent (75%) of first mortgagees of condominiums have given their prior written approval, neither the Associa- tion nor the owners shall be entitled: 14.4. 1 by act or omission to seek to abandon or terminate the condominim project, except for abandonment provided by statute in case of sub- stantial loss to the units and common area; 14.4.2 to change the method of determin- ing the obligations, assessments, dues or other charges which may be levied against an owner , or to change the pro rata interest or obligations of any condominium for purposes of levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards or for determining the pro rata share of ownership of each owner in the common area; 14.4.3 to partition or subdivide any unit; 14.4.4 by act or omission to seek to abandon, partition, subdivide, encumber, sell or transfer the common area. The granting of easements for public utilities or for other public purposes consistent with . the intended use of the common area by the Association or the owners shall not be deemed to be a transfer within the meaning of this clause. 14.4.5 to use hazard insurance proceeds for losses to units or common area improvements in the development or to any other Association pro- perty, for other than the repair, replacement or reconstruction of such improvements or property except as provided by statute in case of substantial loss to the units or common area of the develop- ment. 33 - 14.4.6 by, act or omission to change, waive or abandon the provisions of this Declaration, or the enforcement thereof, pertaining to architec- tural design or control of the exterior appearance of structures in the development, the maintenance of the common area, walks or fences and driveways, or the upkeep of lawns and planting in the develop- ment. 14. 5 Right to Examine 'Books and Records . Institutional first mortgagees can examine the books and records of the Association or the condominium project and can require the submission of financial data concerging the Asso- ciation or the condominium project, including annual audit reports and operating statements as furnished to the owners . 14. 6 Distribution of Insurance and Condemna- tion Proceeds. No owner, or any other party, shall have priority over any right of institutional first mortgagees of condominiums pursuant to their mortgages in case of a distri- bution to owners of insurance proceeds or condemnation awards for losses to or a taking of units or common area. Any pro- vision to. the contrary in this Declaration or in the Bylaws or other documents relating to the development is to such extent void. All applicable fire and all physical loss or extended coverage insurance policies shall contain loss payable clauses acceptable to the affected institutional first mortgagees naming the mortgagees, as their interests may appear. 14.7 Amenities . All amenities (such as park- ing and service areas) and common area shall be available for use by owners and all such amenities with respect to which regular or special assessments for maintenance or other uses may be levied shall constitute common area. All such ameni- ties shall be owned in fee by the owners in undivided interests or by the Association free of encumbrances except for any easements granted for public utilties or for other public purposes consistent with the intended use of such pro- perty by the owners or by the Association. 14.8 Notices to Mortgagees of Record. Upon any loss to any unit covered by a mortgage, if such loss exceeds One Thousand Dollars ($1000 ) , or on any loss to the common area, if such loss exceeds Ten Thousand Dollars ($10 ,000 ) , or on any taking of the common area, notice in writing of such loss or taking shall be given to each mortgagee of record. If any owner of a unit is in default under any provision of these Covenants, Conditions and Restrictions, or under any provision of the Bylaws or the Association rules, which default is not cured within thirty ( 30 ) days after written notice to such owner, the Association shall give to the mortgagee of record of such owner written notice of such default and of the fact that said thirty ( 30 ) day period has expired. - 34 - 14.9 voting Rights on Default. In case of default by any owner in any payment due under the terms of any institutional first mortgage encumbering such owner's condo- minium, or the promissory note secured by the mortgage, the mortgagee or his representative, on giving written notice to such defaulting owner or owners, and placing of record a notice of default, is hereby granted a proxy and can exercise the voting right of such defaulting owner attributable to such condominium at any regular or special meeting of the members held during such time a such default may continue. 14. 10 Payments by Mortgagees. Mortgagees of condominiums may, jointly or singularly, 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 common area improve- ments or other insured property of the Association and, upon making any such payments, such mortgagees shall be owed immediate reimbursement therefor from the Association. This provision shall constitute an agreement by the Association for the express benefit of all mortgagees and upon request of any mortgagee' the Association shall execute and deliver to such mortgagee a separate written agreement embodying the provi- sions of this Section 14. 10. 14. 11 Effect of Breach . No breach of any pro- vision of these Covenants, Conditions and Restrictions shall invalidate the lien of any mortgage in good faith and for value, but all of Covenants, Conditions and Restrictions shall be binding on any owner whose title is derived through fore- closure sale, trustee's sale, or otherwise. 14. 12 Foreclosure. If any condominium is encumbered by a mortgage made n good faith and for value, the foreclosure of any lien created by any provision set forth in this Declaration for assessments, or installments of assess- ments, shall not operate to affect or impair the lien of the mortgage. On foreclosure of the mortgage, the lien for assessments, or installments , that has accrued up to the time of foreclosure shall be subordinate to the lien of the mortgage, with the foreclosure-purchaser taking title to the condominium free of the lien for assessments, or installments , that has accrued up to the time of the foreclosure sale. On taking title to the condominium the foreclosure-purchaser shall only be obligated to pay assessments or other charges levied or assessed by the Association after the foreclosure- purchaser acquired title to the condominium. The subsequently levied assessments or other charges may include the foreclosure-purchaser, and his successors and assigns are required to pay their proportionate share as provided in this section. 35 - 14. 13 Non-Curable Breach. Any mortgagee who acquires title to a condominium by foreclosure or by deed in lieu of foreclosure or assignment-in-lieu of foreclosure shall not be obligated to cure any breach of this Declaration that is non-curable or of a type that is not practical or feasible to cure. 14. 14 Loan to Facilitate. Any mortgage given to secure a loan to facilitate the resale of a condominium after acquisition by foreclosure or by a deed-in-lieu of fore- closure or by an assignment-in-lieu of foreclosure shall be deemed to be a loan made in good faith and for value and entitled to all of the rights and protections of this Section 14. 14. 15 Appearance at Meetings. Because of its financial interest in the development, any mortgagee may appear (but cannot vote except under the circumstances set forth in Section 14.9) at meetings of the members and the board to draw attention to violations of this Declaration that have not been corrected or made the subject of remedial pro- ceedings or assessments. 14. 16 Right to Furnish Information. Any mortgagee can furnish information to the board concerning the status of any mortgage. 14. 17 Inapplicability of Right of First Refusal to Mort a et. No right of first refusal or similar restriction on tight of an owner to sell , transfer or otherwise convey the owner's condominium shall be granted to the Association without the written consent of any mortgagee of the condominium. Any right of first refusal or option to purchase a unit that may be granted to the Association (or other person, firm or entity) shall not apply to any convey- ance or transfer of title to such condominium, whether volun- tary or involuntary, to a mortgagee which acquires title to or ownership of the unit pursuant to the remedies provided in its mortgage or by reason of foreclosure of the mortgage or deed or assignment in lieu of foreclosure. 14. 18 Contracts with Declarant. Any agreement between the Association and declarant pursuant to which the declarant agrees to provide services shall provide for termi- nation by either party without cause or payment of a termina- tion fee on thirty ( 30 ) days written notice and shall have a maximum contract term of one ( 1 ) year; provided that the board can renew any such contract on a year-to-year basis . 36 - 14. 19 Requirements of The Mortgage Corpora- tion. 14. 19. 1 For purposes of this Declaration , "The Mortgage Corporation" shall mean and refer to the Federal Home Loan Mortgage Corporation. 14. 19.2 Declarant desires that loans secured by mortgages encumbering condominiums within the development qualify with requirements of The Mortgage Corpora- tion. 15. AMENDMENT 15. 1 Amendment Before the Close of First Sale. Before the close of the first sale of a condominium in the development to a purchaser other than declarants , this Decla- ration and any amendments to it may be amended in any respect or revoked by the execution by declarant and any mortgagee of record of an instrument amending or revoking the Declaration. The amending or revoking instrument shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the office of the county recorder of the county in which the development is located. 15. 2 Amendment After Close of First Sale. After the close of the first sale of a condominium in the development to a purchaser other than declarant, this Declara- tion may be amended or revoked in any respect by the vote or written consent of the holders of not less than seventy-five percent ( 75%) of the voting rights of each class of members. However, if any provision of this Declaration requires a greater or lesser percentage of the voting rights of any class of members in order to take affirmative or negative action under such provision, the same percentage of such class or classes of members shall be requried to amend or revoke such provision. Also, if the consent or approval of any governmen- tal authority, mortgagee or other person, firm, agency or entity is required under this Declaration with respect to any amendment or revocation of any provision of this Declaration, no such amendment or revocation shall become effective unless such consent or approval is obtained. Any amendment or revo- cation subsequent to the close of such first sale shall be evidenced by an instrument certified by the Secretary or other duly authorized officer of the Association and shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the office of the county recorder of the county in which the development is located. 37 - 15. 3 Conflict with Section 14 or other Provi- sions of this Declaration. To the extent any provisions of this Section 15 conflict with the provisions of Section 14 or any other provision of this Declaration, except those con- tained in Section 15.4, the provisions of Section 14 or the other provisions shall control. 15.4 Business and Professions Code Section 11018 .7. All amendments or revocations of this Declaration shall comply with the provisions of California Business and Professions Code, Section 11018.7 to the extent said Section is applicable . 15. 5 Reliance on Amendments . Any amendments made in accordance with the terms of this Declaration shall be presumed valid by anyone relying on them in good faith . 15.6 Amendments to Conform with Mortgagee Requirements. It is the intent of declarant that this Decla- ration and the Articles and Bylaws of the Association, and the development in general , shall now and in the future meet all requirements necessary to purchase, guarantee, insure or sub- sidize any mortgage of a condominium in the development by the Federal Home Loan Mortgage Corporation. In furtherance of that intent, declarants expressly reserve the right and shall be entitled by unilateral amendment of the Declaration so long as declarant owns more than twenty-five percent (25%) of the condominiums in the development to amend this Declaration in order to incorporate any provisions or to enter into any agreement on behalf of and in the name of the Association that are, in the opinion of the cited entities , required to conform the Declaration, the Articles, the Bylaws or the development to the requirements of any of the entities and any other agreement sufficient to satisfy the requirements for mortgage purchase , guarantee or insurance by said entities. Declarant is hereby granted an irrevocable power of attorney to execute any such amendment or agreement by and in the name of the Association. Any such provision shall first be approved by the California Department of Real Estate in connection with its issuance of a final subdivision public report or amendment to it with repsect to the development. Each owner of a condominium and each mortgagee of a condominium consents to the incorporation in this Declaration of any such provisions and to the execution of any amendment or regulatory agreement and agrees to be bound by any such provisions as if they were incorporated in this Declaration. The board and each owner shall take any action or shall adopt any resolutions required by declarant or any mortgagee to conform this Declaration or the development to the requirements of said entities . - 38 - 15.7 Approval by Riverside County Planning Department. Notwithstanding any amendment of these covenants , conddiitio and restriction which shall alter the maintenance responsibilities of the Homeowners Association or this para- graph shall not be amended without approval by the Riverside County Planning Department. 16. GENERAL PROVISIONS 16. 1 Headings . The headings used in this Declaration are for convenie ce only and are not to be used to interpret the meaning of any of the provisions of this Decla- ration. 16.2 Severability. The provisions of this Declaration shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any provisions or provisions of it shall not invalidate any other provisions. 16. 3 Cumulative Remedies . Each remedy pro- vided for in this Declaration shall be cumulative and not exclusive. Failure to exercise any remedy provided for in this Declaration shall not, under any circumstances, be con- strued as a waiver thereof. 16. 4 Violations as Nuisance . Every act or omission in violation of the provision of this Declaration shall constitute a nuisance and, in addition to all other remedies herein set forth, may be abated or enjoined by any owner, any member of the board, the manager, or the Associa- tion. 16. 5 No Racial Restriction. No owner shall execute or cause to be recorded any instrument which imposes a restriction upon the sale, leasing or occupancy of his lot on the basis of race, sex, color or creed. 16.6 Access to Books. Any owner may, at any reasonable time and upon reasonable notice to the board or manager at his own expense , cause an audit or inspection to be made of the books and financial records of the Association. 16.7 Liberal Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce said provision thereafter. 16.8 Notification of Sale of Condominium. Concurrently with the consummation of the sale of any - 39 - condominium 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 such sale . Such notification shall set forth the name of the transferee and his mortgagee and transferor, the common address of the condominium purchased by the transferee, the transferee's and the mortgagee' s mailing address , and the date of sale . Prior to the receipt of such notification, any and all communica- tions required or permitted to be given by the Association, the board or the manager shall be deemed to be duly made and given to the transferee if duly and timely made and given to said transferee's transferor. Mailing addresses may be changed at any time upon written notification to. the board. Notices shall be deemed received forty-eight ( 48) hours after mailing if mailed to the transferee , or to his transferor if the board has received no notice of transfer as above provid- ed, by certified mail , return receipt requested, at the mail- ing address above specified. Notices shall also be deemed received twenty-four (24 ) hours after being sent by telegram or upon personal delivery to any occupant of a condominium over the age of twelve ( 12 ) years. 16.9 Number; Gender. The singular shall include the plural and the plural the singular unless the con- text requires the contrary, and the masculine, feminine and neuter shall each include the masculine, feminine or neuter , as the context requires. 16. 10 Exhibits. All exhibits referred to are attached to this Declaration and incorporated by reference. 16. 11 Easements Reserved and Granted. Any easements referred to in this Declaration shall be deemed reserved or granted, or both reserved and granted , by reference to this Declaration in a deed to any condominium. 16. 12 Binding Effect. This Declaration shall inure to the benefit of and be binding on the successors and assigns of the declarant, and the heirs, personal representa- tives, grantees, tenants, successors and assigns of the owners. 16. 13 Unsegregated e Real Estate Taxes. Until such time as real property taxes have ben segregated by the county assessor of the county in which the development is located, they shall be paid by the respective owners of condo- miniums. The proportionate share of the taxes for a particu- lar condominium shall be determined by dividing the initial sales price or offered initial sales price of the condominium by the total initial sales prices and offered initial sales prices of all condominiums within the development (the term 40 - "offered initial sales price" means the price at which unsold condominium is then being offered for sale by declar- ant) . If , and to the extent, that taxes are not paid by any owner of a condominium and are allowed to become delinquent, they shall be collected from the delinquent owner by the ASSO- ciation. Declarants have executed this instrumentas of this day of 2. MICHAEL N. GILANO STATE OF CALIFORNIA ) ss . COUNTY OF ) On the day of , 1982, before me, the undersigned, a Notary Public in and for said State , personally appeared MICHAEL N. GILANO, known to me to be the person whose name is subscribed to the within instru- ment and acknowledged that he executed the same. WITNESS my hand and official seal. Notary Public 41 - Scotch-7664"Post-R."Routing-Request Pad ROUTING - REQUEST Please r�� (� ❑ READ T\-�LZS'B— ❑ HANDLE ' ❑ APPROVE and ❑ FORWARD ❑ .RETURN wr�Lv� 11 Y ❑ KEEP OR DISCARD ❑ REVIEW WITH ME Date From STEWART TITLE Sanctity of Contract COMPANY 700 EAST TAHOUITZ-MCCALLUM, SUITE H PALM SPRINGS, CALIFORNIA 92262 TELEPHONE: (714)320-1101 It 1 4 / roan a MEpia RX202 �_�ti •_ INTEROFFICE MEMORANDUM City of Palm Desert TO: DAVE ERWIN, CITY ATTORNEY FROM: DIRECTOR OF ENVIRONMENTAL SERVICES SUBJECT: CC&R's FOR TRACT 18165 DATE: NOVEMBER 1, 1982 You had previously approved the CC&R's for the above tract, however, since that approval the attached pages have been changed and are resubmitted for your review. XARION DIAZ /lr M GILANO DEVELOPMENT CORPORATION 2772 Main Street,Irvine California 92714(714)754-6707 October 27,, 1982 1982 Ramon-.A Diaz...- Director of Environmental Services City of Palm Desert 45275 Prickly Pear Lane Palm Desert, CA 92660 Re. CC&R's for tract 18165, Ryway Place, Palm Desert, CA Dear Mr. Diaz, I would like to have you and the city attorney review article 3.33 on pages 6 and 7 of the attached (2) two pages (6 & 7) and hopefully approve. It was not part of original CC&R's because there was a delay in receiving D.R.E. state approval (under seperate cover) and Gilano received copies on October 22, 1982. So, it was not possible to have prior to city council meeting on October 14, 1982. Please send correspondence to my attention. If you have any questions please call me. Sincerely, George Parker7F Construction Manager GP:ph cc: Gary Wynn, Attorney Evelyn Sawicki, First American Title GtLll� o:ff nz�� , a 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 October 20, 1982 o� Mr. George Parker �S;l Gilano Development Corporation lyYi 2772 Main Street Irvine, CA 92714 Re: CC&R's for Tract 18165 Dear Mr. Parker: This is to inform you that our City Attorney has reviewed and approved the CC&R's for TT 18165. Since , ti DIAZ DIRECTOR OF ENVIRONMENTAL SERVICES RAD/lcr in accepting a deed to a condominium, expressly consents to such easement. However, no such easement can be granted if it would interfere with the use, occupancy or enjoyment by any owner of his unit, any exclusive easements over the common area appurtenant to a condominium unless approved by the vote or written consent of the holders of not less than seventy- five percent (75% ) of the voting rights of each class of mem- bers and their first mortgagees. 3. USE RESTRICTIONS 3 . 1 Residential Use. Units shall be used for residential purposes only. However, for a period of three ( 3 ) years from the date of recordation of this declaration, units owned by declarant may be used-by declarant or its designees as models , sales offices and construction offices for the pur- poses of developing, improving and sellinq condominiums in the development. Nothing in this declaration shall prevent an owner from leasing or renting his condominium. However, any lease or rental agreement shall be in writing and any tenant shall abide by and be subject to all provisions of this Declaration, the Articles, the Bylaws , and the Association rules and any lease or rental agreement must specify that failure to abide by such provisions shall be a default under the lease or rental agreement. Also, except for a motgagee in possession of a condominium following a default in a first mortgage, a foreclosure proceeding or acceptance of a deed or other arrangement in lieu of foreclosure, no owner shall rent , lease or let his condominium for transient or hotel purposes . 3. 2 Commercial Use. Except as otherwise provided in this declaration, including Section 3. 1 , no part of the development shall be used or caused, allowed , or authorized to be used in any way, directly or indirectly, for any business , commercial , manufacturing, mercantile , storing, vending, or other such non-residential purpose. 3..3 Age. No person under the age of eighteen ( 18 ) may reside (which for purposes herein is defined to mean any occupancy which exceed forty ( 40 ) days out of any sixty ( 60) day period) on a Lot. The occupancy restrictions set forth above are founded upon the Declarant ' s desire to promote and continue the homogeneity and adult-oriented atmosphere within the Project, and upon the realization that the Project, as originally constructed, was not designed to accomodate families with children. Specifically, there are no play- grounds, tot lots or other recreational facilities within the Project. By acceptance of the deed for their respective Lot., 6 - • operations of any kind shall be permitted on or in the development, and no oil wells, tanks, tunnels or mineral excavations or shafts shall be permitted on the surface of the development or within five hundred ( 500) feet below the sur- face of the development . No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected , maintained or permitted on the development. 3.15 Offensive Conduct; Nuisances. No noxious or offensive activities , including but not limited to, repair of automobiles or other motorized vehicles, shall be conducted within the development. Nothing shall be done on or within the development that may be or may become an annoyance or nuisance to the residents of the development , or that in any way interferes with the quiet enjoyment of occupants of units . Unless otherwise permitted by the Association rules , no owner shall serve food or beverages, cook, barbecue, or engage in similar activities , except within such owner' s unit and except within those portions of the common area subject to exclusive easements appurtenant to such owner' s condominium, if any. 3.6 Parking Restrictions; Use of Garage. Unless otherwise permitted by the board , no autmobile shall be parked or left within the development other than within a garage , carport , or assigned or appurtenant parking stall or space. No boat, trailer, recreational vehicle, camper, truck , or commercial vehicle shall be parked or left within the development other than in a parking area designated by the board for the parking and storage of such vehicles . However, parking by commercial vechiles for the purpose of making deliveries shall be permitted in accordance with the Associa- tion rules. Any garages and carports shall be used for park- ing automobiles only and shall not be converted for living or recreational activities. Any garage doors shall remain closed at all times except when being used to enter or exit. Not- withstanding, the Association shall maintain designated areas as guest parking which shall be reserved for the use of visitors whether invitees or licensees who shall from time to time enter upon the development. 3 .7 Signs . No sign of any kind shall be dis- played to the public view on or from any -unit or within the common area without the approval of the board, except such signs as may be used by the declarant or its designees for a period of three (3 ) years from the date of recordation of this declaration, for the purpose of developing, selling and improving condominiums within the development. However , one sign of customary and reasonable dimensions advertising, a con- dominium for sale or for rent may be placed within each unit or within the commona area immediately adjacent to it by the owner, the location and design of it to be subject to approval by the board. 7 - 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 .. .EIS October 20, 1982 Mr. George Parker Gilano Development Corporation Gv 2772 Main Street Irvine, CA 92714 Re: CC&R's for Tract 18165 Dear Mr. Parker: This is to inform you that our City Attorney has reviewed and approved the CC&R's for TT 18165. 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