Loading...
HomeMy WebLinkAboutTT 19587 PP 19-83 PORTOLA AVENUE/CONDOS 1983 PI-fEC;JICSE PLAN TENTATIVE TACT I15�� ZONE:: CHANGE - PARCEL MAP VARIANCE REFER TO PP ITT -qS 4o vvW _ API'L-ICANT c- -f5lF m LOCATION : fAW'!sff ar% fbfn7 X013 m �� REQUEST: EXISTING ZONE - PREPARATION PROGRESS DATE BY COMMENTS APPLICATION RECEIVED It t a LEGAL PUBLICATION SENT N_Oi ICES SENT FIELD INVESTIGATION DEPTS. NOTIFIED BUILDING _ ENGINEERING FIRE_ POLICE RECREATION & PARKS SCHOOL DISTRICT DIVISION OF HIGHWAYS FLOOD CONTROL DRELIMINARY 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 Ia 0 P.C. PUBLIC HEARING APPLICANT NOTIFIED C.C. PUBLIC HEARING ORDINANCE NO. RESOLUTION NO. EFFECTIVE DATE RECORDED FOR DATA- BANK 7.ONING MAP CORRECTED 'AINUTES PALM DESERT PLANNING COMMISSION DECEMBER 20, 1983 Moved by Commissioner Downs, seconded by Commissioner Richards, to approve the findings as recommended by staff. Carried unanimously 4-0. Moved by Commissioner Downs, seconded by Commissioner Crites, to adopt Planning Commission Resolution No. 912, approving TT 19814, subject to conditions, as amended. Carried unanimously 4-0. B. Case No. PP 20-83 - MICHAEL N. SCURO, Applicant Request for approval of a precise plan of design to allow construction of four (4) units (two duplexes) in the R-2 zone at the southeast corner of Catalina Way and San Rafael. Mr. Smith reviewed the staff report and recommended approval. Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. The applicant was not present. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the public hearing was closed. Moved by Commissioner Crites, seconded by Commissioner Richards, to approve the findings as recommended by staff. Carried unanimously 4-0. Moved by Commissioner Crites, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 913, approving Case No. PP 20-83, subject to conditions. Carried unanimously 4-0. C. Case No. CUP 23-83 - SIERRA RED ROBIN CORPORATION, Applicant Request for approval of a conditional use permit to allow an amusement arcade in a PC-3 zone (regional commercial) in the Palm Desert Town Center located at the northeast corner of Highway 1 I 1 and El Paseo (west). Mr. Diaz stated that since the writing of the staff report information had arrived to staff that were of concern, therefore, the applicant has requested a continuance to respond to these concerns. Staff recommended a continuance to February 7, 1984. Moved by Commissioner Crites, seconded by Commissioner Downs, to continue this case to the meeting of February 7, 1984. Carried unanimously 4-0. D. Case Nos. PP 19-83 and TT 19587 - O. MICHAEL HOMME, Applicant Request for approval of a tentative tract map, precise plan of design and Negative Declaration of Environmental Impact for a one lot subdivision to allow twelve condominium units on 4.05 acres in a PR-5 zone (Planned Residential, 5 d.u./acre) located adjacent to Monterey Country Club, bounded by Sierra ;Madre South, Brown Way, Hornme Avenue and Portola Avenue. NIr. Joy reviewed the staff report and concluded that staff found the project acceptable and recommended approval. Commissioner Crites asked if any objections were received. Mr. Joy replied none were received. -3- MINUTES PALM DESERT PLANNING COMMISSION DECF.MBER 20, 1983 Chairman Wood opened the public hearing and asked if the applicant wished to make a presentation. MR. AL COOK, architect, 42-600 Bob Hope Drive, noted that the developer had concerns with Conditions No. l8 and 21 and intends to appeal these conditions with the city council. Mr. Diaz explained that the applicant at this point knows the staff's proposed conditions are standard but does have concerns and intends to appeal these two conditions to council. Mr. McClellan explained that there were prior discussions with the developer regarding installation of street improvements and it's a matter of what developments should pay for these improvements. Staff recommended to the commission that it adopt the draft resolution as submitted and instruct staff to present this problem to council. Chairman Wood asked if anyone present wished to speak in FAVOR or OPPOSITION to this matter. There being none, the public hearing was closed. Moved by Commissioner Richards, seconded by Commissioner Downs, to approve the findings as recommended by staff. Carried unanimously 4-0. Moved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 914, approving PP 19-83, subject to conditions. Carried unanimously 4-0. %loved by Commissioner Richards, seconded by Commissioner Downs, to adopt Planning Commission Resolution No. 915, approving TT 19587, subject to conditions. Carried unanimously 4-0. E. Case Nos. GPA 04-83, PP 18-83, TT 19576 - MAYER GROUP, INC., Applicant Request for approval of a general plan amendment, tentative tract map, precise plan of design and general plan amendment, to allow a 264 condominium on 39.1 acres in a PR-7 (Planned Residential, 7 d.u./acre) located at the northeast corner of .Monterey and Country Club Drive. Mr. Joy gave the staff report and indicated that the applicants were requesting to delete the park site and spreading the 264 units over the entire site. They propose to build one-story rather than two-story condominiums. Staff recommended approval. Commissioner Crites was concerned about the reasons the park site was deleted. Mr. Diaz explained that a receprocal type of arrangement should be made when parks are placed on a city's boundary and we do not have that at this time. It was also felt that a park site should be more centrally located in the city. Commissioner Richards also felt that we did not need the park and it was preferable to have one-story rather than two-story density. Commissioner Crites wanted it clarified that the relocation of the park site was not to prevent residents of other cities from using the facilities. Mr. Diaz noted a change to Condition No. 9 to read: "Applicant shall provide a sum in a trust fund for the fringe-toed lizard preserve that is equivalent to one acre of habitat heing set aside per four acres of development at a fee of $3000 per acre." Chairman Wood opened the public hearing and asked if the applicant wished to make a presentaton. MR. GRANOTT, Mayer Group, addressed Condition. Nos. 16, 20, and 27 and -4- e 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 LEGAL NOTICE NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council for the pur ose_of considering an appeal of a Planning Commission decision, Case Nos. PP19-83 an TT 19587 iled by O. Michael Homme. SAID PUBLIC HEARING will be held at 7:00 p.m. on Thursday, January 26, 1983; in the Civic Center Council Chambers, 73-510 Fred Waring Drive, Palm Desert, California 92260. � r n SHEILA R. GILLIGAN, CITY C RK Publish Once: Desert Post 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 17, 1984 Mr. 0. Michael Homme P. 0. Box 258 Palm Desert, CA 92261 SUBJECT: TT 19587 - CONDITION OF APPROVAL Dear Mike: In response to your inquiry as to the interpretation of Condition No. 21 for your case regarding minimum street design criteria, it is our inten- tion that the new street to be constructed could be the same width as the existing streets that would be interconnected by this new construction. Very truly yours, �a �C Z49C Barry Clellan, P.E. Director of Public Works BDM/ms cc: J Ray Diaz, Director of Environmental Services s 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: December 22, 1983 O. Michael Homme Millard Archuleta Associates P.O. Box 258 42-600 Bob Hope Drive Palm Desert, CA 92260 Rancho Mirage, CA 92270 Re: PP 19-83 an TT 19587 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of December 20, 1983. Approved by Adoption of Resolution Nos. 914 and 915 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, SECRE5`ARY PLANNING COMMISSION RAD/lcr cc: Coachella Valley Water District File / i PLANNING COMMISSION RESOLUTION NO. 914 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF TWELVE CONDOMINIUM UNITS. CASE NO. PP 19-83 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of December, 1983, hold a duly noticed public hearing to consider the request of O. MICHAEL HOMME for approval of a tentative tract map, precise plan of design and _ Negative Declaration of Environmental Impact for a one lot subdivision to allow twelve condominium units on 4.05 acres in a PR-5 zone (Planned Residential, 5 d.u./acre) located adjacent to Monterey Country Club, bounded by Sierra Madre South, Brown Way, Homme Avenue and Portola Avenue, more particularly described as 622-075-009 thru 014 and 622- 075-024. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, 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. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, 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 precise plan of design: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 Precise Plan 19-83 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 20th day of December, 1983, by the following vote, to wit: AYES: CRITES, DOWNS, RICHARDS, WOOD NOES: NONE ABSENT: ERWOOD ABSTAIN: NONE RALPH B. WOOD, Chairman ATTEST: RAM ON A. DIAZ, Secretary /lr PLANNING COMMISSION RESOLUTION NO. 914 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF TWELVE CONDOMINIUM UNITS. CASE NO. PP 19-83 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of December, 1983, hold a duly noticed public hearing to consider the request of O. MICHAEL HOMME for approval of a tentative tract map, precise plan of design and _ Negative Declaration of Environmental Impact for a one lot subdivision to allow twelve condominium units on 4.05 acres in a PR-5 zone (Planned Residential, 5 d.u./acre) located adjacent to Monterey Country Club, bounded by Sierra Madre South, Brown Way, Homme Avenue and Portola Avenue, more particularly described as 622-075-009 thru 014 and 622- 075-024. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, 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. WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, 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 precise plan of design: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 Precise Plan 19-83 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 20th day of December, 1983, by the following vote, to wit: AYES: CRITES, DOWNS, RICHARDS, WOOD NOES: NONE ABSENT: ERWOOD ABSTAIN: NONE RALPH B. WOOD, Chairman ATTEST: RAM ON A. DIAZ, Secretary /lr PLANNING COMMISSION RESOLUTION NO. 914 Department of Public Works: 12. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 13. Drainage facilities shall be provided per Ordinance No. 218 and the master drainage plan to the specifications of the director of public works. 14. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 15. 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. 16. All private streets shall be inspected by the engineering department and a standard inspection fee shall be paid. 17. Improvement plans for water and sewer systems shall be approved by the respective service districts. 18. Dedication of right-of-way to fifty feet from centerline, installation of curb and gutter at 38 feet from centerline, match-up paving and sidewalk on Portola Avenue. 19. Landscaping maintenance on Portola Avenue shall be provided by the homeowners association. 20. Complete grading plans and specifications shall be submitted to the city engineer for checking and approval prior to issuance of any permits. 21. Minimum street design criteria to be in accordance with current City of Palm Desert design criteria. 22. Off-site improvement plans to be approved by public works and a surety posted to guarantee the required off-site improvements prior to this map recording. Fire Marshal: 23. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 24. Install Riverside County super fire hydrants located at each street intersection: a. Not greater than 500 feet apart in any direction. b. All buildings shall be within 250 feet from a fire hydrant. C. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. d. Curbs shall be painted red 15 feet in either direction from each hydrant. 25. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the fire marshal for review. 26. 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 PP 19-83 is in accordance with the requirements prescribed by the fire marshal." Upon approval, the original plan will be returned to the developer. 27. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 28. One street name only - continuous street. -3- PLANNING COMMISSION RESOLUTION NO. 914 29. Access to Portola must be provided. 30. No parking allowed on street with adequate signing. -4- PLANNING COMMISSION RESOLUTION NO. 915 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO CREATE A ONE LOT SUBDIVISION TO ALLOW TWELVE CONDOMINIUM UNITS. CASE NO. TT 19587 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of December, 1983, hold a duly noticed public hearing to consider a request by O. MICHAEL HOMME for approval of a tentative tract map, precise plan of design and Negative Declaration of Environmental Impact for a one lot subdivision to allow twelve condominium units on 4.05 acres in a PR-5 zone (Planned Residential, 5 d.u./acre) located adjacent to Monterey Country Club, bounded by Sierra Madre South, Brown Way, Homme Avenue and Portola Avenue, more particularly described as 622-075-009 thru 014 and 622- 075-024. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-8911, in that the director of environmental services has determined that the project willmot 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 as justified in the staff report for TT 19587 dated December 20, 1983, on file in the department of environmental services, to exist to approve 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 environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, 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 approve the above described Tentative Map No. 19587 for the reasons set forth in this resolution and subject to the attached conditions. FURTHER, BE IT RESOLVED that the conditions of approval do include a requirement that the applicant pay fees to comply with the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance. In return, the City 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 PLANNING COMMISSION RESOLUTION NO. 915 Planning Commission, held on this 20th day of December, 1983, by the following vote, to wit: AYES: CRITES, DOWNS, RICHARDS, WOOD NOES: NONE ABSENT: ERWOOD ABSTAIN: NONE RALPH B. WOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary /lr -2- PLANNING COMMISSION RESOLUTION NO. 915 Conditions of Approval TT 19587 Department of Environmental Services: 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 two years from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 6. 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 Architectural Commission 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. 7. The applicant shall have twenty-four (24) 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 as permitted by code is granted by planning commission. 8. 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. 9. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the city and free of all liens and encumbrances. 10. The CC&R's for this development shall be submitted to the director of environmental services for review and final approval by the city attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the city engineer: a. The document to convey title. b. Covenants and restrictions to be recorded. C. Management and maintenance agreement to be entered into with the owners of the units of the project. 11. Prior to submittal of the final map, the applicant shall provide the department of environmental services with a list of proposed street names with at least three alternatives. The approval of the final street name shall be made by the director of environmental services. -3- PLANNING COMMISSION RESOLUTION NO. 915 Department of Public Works: 12. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 13. Drainage facilities shall be provided per Ordinance No. 218 and the master drainage plan to the specifications of the director of public works. 14. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 15. 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. 16. All private streets shall be inspected by the engineering department and a standard inspection fee shall be paid. 17. Improvement plans for water and sewer systems shall be approved by the respective service districts. 18. Dedication of right-of-way to fifty feet from centerline, installation of curb and gutter at 38 feet from centerline, match-up paving and sidewalk on Portola Avenue. 19. Landscaping maintenance on Portola Avenue shall be provided by the homeowners association. 20. Complete grading plans and specifications shall be submitted to the city engineer for checking and approval prior to issuance of any permits. 21. Minimum street design criteria to be in accordance with current City of Palm Desert design criteria. 22. Off-site improvement plans to be approved by public works and a surety posted to guarantee the required off-site improvements prior to this map recording. Fire Marshal: 23. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 24. Install Riverside County super fire hydrants located at each street intersection: a. Not greater than 500 feet apart in any direction. b. All buildings shall be within 250 feet from a fire hydrant. C. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. d. Curbs shall be painted red 15 feet in either direction from each hydrant. 25. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the fire marshal for review. 26. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: 9 certify that the design of the water system in Tract No. 19587 is in accordance with the requirements prescribed by the fire marshal." Upon approval, the original plan will be returned to the developer. 27. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 28. One street name only - continuous street. -4- PLANNING COMMISSION RESOLUTION NO. 915 29. Access to Portola must be provided. 30. No parking allowed on street with adequate signing. -5- City of Palm Desert Department of Environmental Services Staff Report TO: Planning Commission DATE: December 20, 1983 CASE NOS: PP 19-83 and TT 19587 REQUEST: Approval of a tentative tract map, precise plan of design and Negative Declaration of Environmental Impact for a one lot subdivision to allow twelve condominium units on 4.05 acres in a PR-5 zone (Planned Residential, 5 d.u./acre) located adjacent to Monterey Country Club, bounded by Sierra Madre South, Brown Way, Homme Avenue and Portola Avenue. APPLICANT: O. MICHAEL HOMME P.O. Box 258 Palm Desert, CA 92260 ARCHITECT: MILLARD ARCHULETA ASSOCIATES 42-600 Bob Hope Drive Rancho Mirage, CA 92270 I. BACKGROUND• A. DESCRIPTION OF SITE: The site is located on the west side of Portola Avenue, approximately 1300 feet south of Hovley Lane. While the site is physically within Monterey Country Club and has access only to the country club, it is privately owned by the applicant. The site is relatively flat and void of any significant construction or vegetation. The perimeter wall along Portola Avenue has been installed as part of Monterey Country Club's improvements. B. ADJACENT ZONING AND LAND USE: North: PR-5/vacant South: PR-5/condominium project East: O.S./vacant West: PR-5/Monterey Country Club C. GENERAL PLAN LAND USE DESIGNATION: Low density residential, 3-5 d.u./acre D. PREVIOUS PERTINENT CASE: DP 12-77 - Approved December, 1979, permitted 780 condominium units Monterey Country Club) and 6 single family residential lots and recreational area (this is subject property in this request). H. PROJECT DESCRIPTON: A. GENERAL: The project itself could also be an amendment to DP 12-77 which showed the subject area as a six lot single-family subdivision adjacent to Monterey Country Club. Due to reasons that are not appropriate to go into at the present, the applicant has decided to develop condominium units at this location instead of single-family residences. -I- x Staff Report PP 19-83 do TT 19587 December 20, 1983 B. DENSITY CALCULATIONS: The density approved for DP 12-77 was 786 units on 240 acres. This calculated out to 3.275 d.u./acre. The subject site is 4.05 acres and with twelve units placed upon, it calculates to 2.96 d.u./acre. The rest of Monterey Country Club north of the Whitewater Channel (the area encompassed by DP 12-77) has a density gain to 3.3 d.u./acre (792 units on 240 acres). The end result is that both the 240 and the 4 acres portions are well within the 5 d.u./acre limitation specified on the zoning map and general plan land use map. C. PROJECT DESIGN: The site design show six duplexes centered around a large pond, swimming pool and spa encircled by a ring road presently called Homme Avenue and Brown Way. Each unit is 2,800 sq.ft. with a large two-car garage (618 sq.ft.). In addition to driveway parking the applicant is providing at least ten off-street parking spaces. Site plan discrepancies result from a last- minute decision by the developer to have emergency access from Portola which may remove two parking spaces. The building elevations, which have received final approval from the architectural commission are one story. D. IMPACT ON ADJACENT PROPERTIES: The project is intended to be completely separate from Monterey Country Club. There may be gates at both entrances in addition to a gate along Portola. III. ANALYSIS- A. FINDINGS FOR PRECISE PLAN: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. Justification: The design of the use is compatible with other residential uses existing in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. Justification: The surrounding land in the vicinity is zoned for similar types of uses as proposed and owners would not be deprived the use of their land. 3. The precise plan will not endanger the public peace, health, safety or general welfare. Justification: The precise plan complies with all code requirements and has received design review board approval and will not be detrimental to the public peace, health, safety or general welfare. B. FINDINGS FOR TENTATIVE TRACT MAP: -2- Staff Report PP 19-83 & TT 19587 December 20, 1983 1. That the proposed map is consistent with applicable general and specific plans. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development. 4. That the site is physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Justifications in support of those findings are: 1. The adopted general plan indicates 3-5 d.u./acre, and the proposed tract map provides only 2 units more than the previously approved tract map which was well within permitted densities of the general plan. 2. Adjacent private streets are improved and drainage facilities are provided in conformance with the adopted general plan and master drainage plans. The proposed residential development and surrounding country club, is consistent with the adopted general plan. 3. & 4. The site is of sufficient size, shape and topography for the proposed type and density of development. 5. & 6. The design of the subdivision is not likely to cause substantial environmental damage or serious public health problems because it will be developed in concert with applicable local, state and federal regulations. 7. There have been no easements acquired by the public at large for access through or use of property within the proposed subdivision. Based on the above justification, there appears to be sufficient grounds for approval. C. ENVIRONMENTAL REVIEW: The director of environmental services has determined the proposed project will not have a significant effect and a Negative Declaration should be certified. IV. STAFF RECOMMENDATION: 1. Adoption of findings; 2. Adoption of Planning Commission Resolution No. , approving PP 19-83; 3. Adoption of Planning Commission Resolution No. , approving TT 19587. -3- Staff Report PP 19-83 & TT 19587 December 20, 1983 V. ATTACHMENTS: 1. Draft Resolutions 2. Legal Notice 3. Comments from other agencies 4. Plans and Exhibits Prepared by Reviewed and Approved by Ar -4- a PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN TO ALLOW THE CONSTRUCTION OF TWELVE CONDOMINIUM UNITS. CASE NO. PP 19-83 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of December, 1983, hold a duly noticed public hearing to consider the request of O. MICHAEL HOMME for approval of a tentative tract map, precise plan of design and Negative Declaration of Environmental Impact for a one lot subdivision to allow twelve condominium units on 4.05 acres in a PR-5 zone (Planned Residential, 5 d.u./acre) located adjacent to Monterey Country Club, bounded by Sierra Madre South, Brown Way, Homme Avenue and Portola Avenue, more particularly described as 622-075-009 thru 014 and 622- 075-024. 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, 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 precise plan of design: 1. The design of the precise plan will not substantially depreciate property values in the vicinity. 2. The precise plan will not unreasonably interfere with the use or enjoyment of property in the vicinity by the occupants thereof for lawful purposes. 3. The precise plan will not endanger the public peace, health, safety or general welfare. 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 Precise Plan 19-83 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 20th day of December, 1983, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RALPH B. WOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary /Ir PLANNING COMMISSION RESOLUTION NO. Conditions of Approval PP 19-83 Department of Environmental Services: 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 two years from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 6. 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 Architectural Commission 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. 7. The applicant shall have twenty-four (24) 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 as permitted by code is granted by planning commission. 8. 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. 9. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the city and free of all liens and encumbrances. 10. The CC&R's for this development shall be submitted to the director of environmental services for review and final approval by the city attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the city engineer: a. The document to convey title. b. Covenants and restrictions to be recorded. C. Management and maintenance agreement to be entered into with the owners of the units of the project. 11. Prior to submittal of the final map, the applicant shall provide the department of environmental services with a list of proposed street names with at least three alternatives. The approval of the final street name shall be made by the director of environmental services. -2- PLANNING COMMISSION RESOLUTION NO. Department of Public Works: 12. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 13. Drainage facilities shall be provided per Ordinance No. 218 and the master drainage plan to the specifications of the director of public works. 14. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 15. 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. 16. All private streets shall be inspected by the engineering department and a standard inspection fee shall be paid. 17. Improvement plans for water and sewer systems shall be approved by the respective service districts. 18. Dedication of right-of-way to fifty feet from centerline, installation of curb and gutter at 38 feet from centerline, match-up paving and sidewalk on Portola Avenue. 19. Landscaping maintenance on Portola Avenue shall be provided by the homeowners association. 20. Complete grading plans and specifications shall be submitted to the city engineer for checking and approval prior to issuance of any permits. 21. Minimum street design criteria to be in accordance with current City of Palm Desert design criteria. 22. Off-site improvement plans to be approved by public works and a surety posted to guarantee the required off-site improvements prior to this map recording. Fire Marshal• 23. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 24. Install Riverside County super fire hydrants located at each street intersection: a. Not greater than 500 feet apart in any direction. b. All buildings shall be within 250 feet from a fire hydrant. C. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. d. Curbs shall be painted red 15 feet in either direction from each hydrant. 25. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the fire marshal for review. 26. 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 PP 19-83 is in accordance with the requirements prescribed by the fire marshal." Upon approval, the original plan will be returned to the developer. 27. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 28. One street name only - continuous street. -3- PLANNING COMMISSION RESOLUTION NO. 29. Access to Portola must be provided. 30. No parking allowed on street with adequate signing. -4- PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO CREATE A ONE LOT SUBDIVISION TO ALLOW TWELVE CONDOMINIUM UNITS. CASE NO. TT 19587 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of December, 1983, hold a duly noticed public hearing to consider a request by O. MICHAEL HOMME for approval of a tentative tract map, precise plan of design and Negative Declaration of Environmental Impact for a one lot subdivision to allow twelve condominium units on 4.05 acres in a PR-5 zone (Planned Residential, 5 d.u./acre) located adjacent to Monterey Country Club, bounded by Sierra Madre South, Brown Way, Homme Avenue and Portola Avenue, more particularly described as 622-075-009 thru 014 and 622- 075-024. 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 persons desiring to be heard, said Planning Commission did find the following facts and reasons as justified in the staff report for TT 19587 dated December 20, 1983, on file in the department of environmental services, to exist to approve 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 environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, 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 approve the above described Tentative Map No. 19587 for the reasons set forth in this resolution and subject to the attached conditions. FURTHER, BE IT RESOLVED that the conditions of approval do include a requirement that the applicant pay fees to comply with the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance. In return, the City 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 f: PLANNING COMMISSION RESOLUTION NO. Planning Commission, held on this 20th day of December, 1983, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RALPH B. WOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary Ar i -2- PLANNING COMMISSION RESOLUTION NO. Conditions of Approval TT 19587 Department of Environmental Services: 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 two years from the date of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 5. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 6. 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 Architectural Commission 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. 7. The applicant shall have twenty-four (24) 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 as permitted by code is granted by planning commission. 8. 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. 9. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the city and free of all liens and encumbrances. 10. The CC&R's for this development shall be submitted to the director of environmental services for review and final approval by the city attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the city engineer: a. The document to convey title. b. Covenants and restrictions to be recorded. C. Management and maintenance agreement to be entered into with the owners of the units of the project. 11. Prior to submittal of the final map, the applicant shall provide the department of environmental services with a list of proposed street names with at least three alternatives. The approval of the final street name shall be made by the director of environmental services. -3- PLANNING COMMISSION RESOLUTION NO. Department of Public Works: 12. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 13. Drainage facilities shall be provided per Ordinance No. 218 and the master drainage plan to the specifications of the director of public works. 14. Additional storm drain construction shall be contingent upon a drainage study by the private engineer. 15. 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. 16. All private streets shall be inspected by the engineering department and a standard inspection fee shall be paid. 17. Improvement plans for water and sewer systems shall be approved by the respective service districts. 18. Dedication of right-of-way to fifty feet from centerline, installation of curb and gutter at 38 feet from centerline, match-up paving and sidewalk on Portola Avenue. 19. Landscaping maintenance on Portola Avenue shall be provided by the homeowners association. 20. Complete grading plans and specifications shall be submitted to the city engineer for checking and approval prior to issuance of any permits. 21. Minimum street design criteria to be in accordance with current City of Palm Desert design criteria. 22. Off-site improvement plans to be approved by public works and a surety posted to guarantee the required off-site improvements prior to this map recording. Fire Marshal: 23. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 24. Install Riverside County super fire hydrants located at each street intersection: a. Not greater than 500 feet apart in any direction. b. All buildings shall be within 250 feet from a fire hydrant. C. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. d. Curbs shall be painted red 15 feet in either direction from each hydrant. 25. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the fire marshal for review. 26. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: '4 certify that the design of the water system in Tract No. 19587 is in accordance with the requirements prescribed by the fire marshal." Upon approval, the original plan will be returned to the developer. 27. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 28. One street name only - continuous street. -4- PLANNING COMMISSION RESOLUTION NO. 29. Access to Portola must be provided. 30. No parking allowed on street with adequate signing. -5- 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: PP 19-83 and TT 19587 APPLICANT/PROJECT SPONSOR: O. MICHAEL HOMME P.O. Box 258 Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: 12 unit condominium project in the PR-5 zone located adjacent to Monterey Country Club bounded by Sierra Madre South, Brown Way, Homme Avenue and Portola Avenue. The director of the department of environmental services, City of Palm Desert, California, has found that the described project will not have a significant effect on the. environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ DATE DIRECTOR OF ENVIRONMENTAL SERVICES /lr December 2, 1983 CITY OF PALM DESERT LEGAL NOTICE PP 19-83 and TT 19587 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by MICHAEL HOMME for approval of a tentative tract map, precise plan of design and Negative Declaration of Environmental Impact for a one lot subdivision to allow twelve condominium units on 4.05 acres in a PR-5 zone (Planned Residential, 5 d.u./acre) located adjacent to Monterey Country Club, bounded by Sierra Madre South, Brown Way, Homme Avenue and Portola Avenue, more particularly described as 622-075-009 thru 014 and 622-075-024. I i�VVIE-r LANE ' I I I I i t Ln• Lnma• \� fe'AF 9 .—�",�L •'i Iwl �' C rEera MJ4C'i am Y En Mn w FrR1DJ6GT SITS \ •�"` '•: -w.i.e-i'oio Jiai,�'_-iaa•q eFeio HerlG-`d Lf � Ju, nleu \ 1\ dl J J Ir �1 `—"J o4•\i;• �• ,IL M00,! `pnJ<b � - �•`Ce'fe / •`__ it / -� Z(Z �1 I I �'—^ PA=.N1 a qnr 11' 1 I SAID public hearing will be held on December 20, 1983, at 2:00 p.m. in the Administrative Conference Room in the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. RAMON A. DIAZ, Secretary Palm Desert Planning Commission PUBLISH: Desert Post 12-9-83 7r, _ to My W matt rd T o ILI' if SIDE ELEVATION L ............ �nzlx— 11 1. x.t iii" root al ?� ,alrT pi ri :ilrInlo, it r 14 A FRONT ELEVATION frog-, ... . .......... -7 r -r 7 T REAR ELEVATION to YJ ATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY �ISTRIGS COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX IDSB • COACHELLA, CALIFORNIA 92236 • TELEPHONE rS$X) 390-2651 (619) DIRECTORS OFFICERS RAYMOND R.RUMMONOS.PRESIDENT LOW ELL O.WEEKS.GENERAL MANAGER-CHIEF ENGINEER T ELLIS CODEKAS.VICE PRESIDENT BERNARDINE SUTTON,SECRETARY JOHN P.POW ELL VICTOR B.HARDY,AUDITOR PAUL W.NICHOLS REDWINE AND SHERRILL,ATTORNEYS STEVE D.BUXTON November 29 , 1983 File: 0163. 11 0421 . 1 0721 . 1 Department of Environmental Services City of Palm Desert Post Office Box 1977 Palm Desert, California 92261 Gentlemen: Subject : Tract 19,587 Portion of Southeast quarter Section 8, Township 5 South, Range 6 East, San Bernardino Meridian This area lies on the sandy area in the northern portion of Palm Desert and is considered safe from stormwater flows except in rare instances. This area is designated Zone C on Federal Flood Insurance rate maps which are in effect at this time. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District . There may be conflicts with existing District facilities. We request the ! appropriate public agency to withhold the issuance of a building permit until arrangements have been made with the District for the relocation of these facilities. Yours very truly, •�/Gj 1 / GC/2G1��ysc� Lowell 0. Weeks� General Manager-Chief Engineer CS:ra cc: Riverside Countv Department of Public Health, Indio TRUE CONSERVATION USE WATER WISELY a: 3700 CENTRAL AVENUE • RIVERSIDE. CALIFORNIA R V, RIDDELL Eastern Dimsion Melling Address: P.O. BOX 2200. RIVERSIDE, CALIFORNIA 92516 Dstridvtien Planning Supervisor November 30, 1983 Location of Nearest Gas Main : In Brown Lane, Sierra Madre South and Portola Road wjthin._,subject area City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTENTION: Ramon A. Diaz RE : Case No. TT 19587 This letter is not to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the project could be pro- vided from an existing main without any significant impact on the environment. The service would be in accordance with the Company' s policies and extension rules on file with the California Public Utilities Commission at the time con- tractual arrangements are made. The availability of natural gas service, as set forth in this letter , is based upon present conditions of gas supply and regulatory policies . As a public utility , the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies . Should these agencies take any action which affects gas supply or the condition under which service is available , gas ser- vice will be provided in accordance with revised conditions . We have developed several programs which are available , upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs , please contact our Area Market Services Manager, P.O. Box 6226 , San Bernardino, CA 92417 , phone (714) 884-9411 . 4R. W. Ridden Distribution Planning Supervisor RWR:mac (E9f:aZrP (DO 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 Pursuant to Title 14, Division 6, Article 7, Section 15083, of the California Administrative Code. NEGATIVE DECLARATION CASE NO: PP 19-83 and TT 19587 APPLICANT/PROJECT SPONSOR: O. MICHAEL HOMME P.O. Box 258 Palm Desert, CA 92260 PROJECT DESCRIPTION/LOCATION: 12 unit condominium project in the PR-5 zone located adjacent to Monterey Country Club bounded by Sierra Madre South, Brown Way, Homme Avenue and Portola Avenue. The director of the department of environmental services, City of Palm Desert, California, has found that the described project will not have a significant effect on the environment. A copy of the initial study has been attached to document the reasons in support of this finding. Mitigation measures, if any, included in the project to avoid potentially significant effects, may also be found attached. RAMON A. DIAZ DATE DIRECTOR OF ENVIRONMENTAL SERVICES Ar � . . _CASE NO 7f' .17587 tN7IRON�IE+`TTAL SEnV I CES DEPT. INITIAL STUDY' ENVIROITiKENTAL EVALUATION CEECKLIST 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, passible mitigation measures, and comments areL provided on attached sheets) . Yes Maybe Na 1 . Earth. Will the proposal result in: a. Unstable earth: conditions or in changes in ve- geologic. substructures?. b.. Disruptions, displacements, compaction, or• overcovering of the soil? c. Change in topography or ground surface relief 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? Z= Yes Maybe No 3. Water. Will the proposal result: in: a-. Changes. in- currents, 'or the course or 1 direction of water' movements? b. Changes in-absorpt-Pan Pates,. drainage Patterns, or the rate and-amount of surface water runoff? c. Alterations to the course or flow of _1G_ flood waters? d. Alteration• of.the direction or- rate of JL flow Of- ground waters? _ 1` 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?. f. Reduction in the amount of water other wise- available: for public water-supplies? 4. 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? C. Introduct.ion of new- species of plants into JG an area, or in a barrier to the normal replenishment of existing species? 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)? _ — 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 migrationn or movement of animals? d. Deterioration to existing wildlife 'habitat? � ' 3. Yes MnLbe Na 6. Natural Resources. Will the proposal result in: a.. Increase in .-the rate of use of any natural resources? b.. Oepletion of' any non-renewable natural 1 resource? 7.- Energy. Will the proposal result in: JL a.. Use of substantial amounts of fuel or energy? _ �l b.. Demand upon existing sources of energy, or re- quire the.deselopment of new sources: of energy? I— Risk of U seta-. Does. the proposal involves. risk o an explosion, or the release of • hazardous substances (including, but' not: limited to, pesticides„ oil , chemicals, or radiation) in r the event of an accident: or upset conditions? 9. Ernnomic Loss. Will -the. proposal result. in: a'.. A change in -the. value: of property and: improvements endangered by flooding?. b. A change in the value. of property and improvements exposed: to geologic. hazards _ beyond accepted: com=nity risk standards? _ 10. Noise. Will the proposal increase existing noise levels to the point at which accepted community noise and vibration levels are — exceeded? 11.. Land Use. Will _the. proposal result in the a tTat'on of the present developed or, planned land use of an area? 12. Open Space. Will the proposal lead to a decrease in the.namount of designated open — space? 13. Population. Will the proposal result in: a. Alteration or the location, distribution, density, or- growth rate of the human population of the City? b.. Change in the population distribution by _L age, income, religion, racial , or ethnic t group, occupational class, household type? 4 Yes Maybe No 14. Finoloyment. Will the proposal result in additiona new long-term jobs provided, or a change in the number and per cent employed, — — unemployed, and underemployed? 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 families in various income classes in the. City? b.. Impacts: on existing housing or, creation of- a demand: for additional housing? _ 16. Trans ortation/Circulation: Will the proposal ' resin: 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 resu t in a need for, new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c.. Schools? _ v d. Parks- or other recreational facilities? e. Maintenance. of public facilities , including roads? f. Other governmental servi cesT !/ l 5. Yes Maybe No 18.- Public Fiscal Balance. Will the proposal result 7n a net change in government fiscal flow (revenues less operating expenditures and annualized capital expenditures)? _ 19.. Utilities. Will the proposal result- in a need or new systems, or alterations to the following utilities: r 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:. 4umanHealth. Will the proposal result in: a. The . a t any health hazard- or- Potential health eaIh, hazard?b.. A change: in theI evel of community health care provided?` 21.. Social Services. Will the proposal result in an increased demand for provision of general social services? — 22. Aesthetics. Will the proposal result in: L 1� a. Obstruction of any scenic vista or' view open to the public? b. The creation of- an aesthetically offensive: v site open to public view? c. Lessening of the: overail neighborhood (or area) attractiveness, pleasantness,and uniqueness? 23'. Li ht and Glara. Will the proposal produce new I I gilt. or g Iare?" 24. Archeoloaical/Historical . Will the proposal . result in an alteration of a significant: archeological or historical site, structure, object,. or building? _ — �.J• 6. Yes. Maybe No 25. Mandatory Findings 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 therenvironment- is one which occurs in. a. relatively brief, definitive period of time. while long-term impacts will endure well into the- future. ) c.. Odes 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? e Initial Study Prepared By: �yi� ✓� ' �S� �C.A�✓✓ER C17-y Ar AZIW DErr�r 'b Ph;l 3 SOUTHERN CALIFORNIA [fl COMPANY 3700 CENTRAL AVENUE • RIVERSIDE. CALIFORNIA R. W. RIDDELL Eastern Division Mailing Address: P.O. BOX 2200, RIVERSIDE, CALIFORNIA 92516 Distribution Planning Supervisor November 30, 1983 Location of Nearest Gas Main: In Brown Lane, Sierra Madre South and Portola Roalgthid 'ect area � City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ` ' ? 1983 ATTENTION: Ramon .A. Diaz ENMONMENTAL `ENvlres CITY OF PALM CF$c _ RE: Case No. TT 19587 This letter is not to be interpreted as a contractual commitment to serve the proposed project; but only as an information service. Its intent is to notify you that the Southern California Gas Company has facilities in the area where the above named project is proposed. Gas service to the project could be pro- vided from an existing main without any significant impact on the environment. The service would be in accordance with the Company's policies and extension rules on file with the California Public Utilities Commission at the time con- tractual arrangements are made. The availability of natural gas service, as set forth in this letter, is based . upon present conditions of gas supply and regulatory policies. As a public utility, the Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies . Should these agencies take any action which affects gas supply or the condition under which service is available, gas ser- vice will be provided in accordance with revised conditions. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. If you desire further information on any of our energy conservation programs, please contact our Area Market Services Manager, P.O. Box 6226, San Bernardino, CA 92417, phone (714) 884-9411 . R. W. Ridde 1 Distribution Planning Supervisor RWR:mac pkils 1 , NATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058 • COACHELLA, CALIFORNIA 92236 • TELEPHONE FRZ 398-2651 (619) DIRECTORS OFFICERS RAYMOND R.RUMMONDS,PRESIDENT LOWELLO.WEEKS,GENERAL MANAGER-CHIEF ENGINEER TELLIS CODEKAS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY JOHN P.POWELL VICTOR B.HARDY,AUDITOR PAUL W.NICHOLS REDWINE AND SH ERRILL,ATTORNEYS STEVE D.BUXTON November 29, 1983 File: 0163.11 0421.1 0721.1 Department of Environmental Services City of Palm Desert ;•, - . Post Office Box 1977 ' 1983 Palm Desert, California 92261 ENVIRONMENTAL SERVICES Gentlemen: CITY OF PALM DESERT Subject: Tract 19,587 Portion of Southeast quarter Section 8, Township 5 South, Range 6 East, San Bernardino Meridian This area lies on the sandy area in the northern portion of Palm Desert and is considered safe from stormwater' flows except in rare instances. This area is designated Zone C on Federal Flood Insurance rate maps which are in effect at this time. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. There may be conflicts with existing District facilities. We request the appropriate public agency to withhold the issuance of a building permit until arrangements have been made with the District for the relocation of these facilities. Yours very truly, WZ Lowell 0. Weeks General Manager-Chief Engineer CS:ra cc: Riverside County Department of Public Health, Indio TRUE CONSERVATION USE WATER WISELY )I �i _ f;J I I,' TENTATIVE TRACT N9 13587 Rh JI ok\j 7RAC 7 J J 15�rnQ� - Ih<,. CIE• \ ?E521`NS[2 bimon✓Gs IN THE CITY OF PALM DESERT N. BEING A PROPOSED ONE LO'. SUBDIVISION FOR CONDOMINIUM PURPOSES ON LOTS 53 THROUGH 59 IN'LUSIYE. OF TRACT 11454, AS SHOWN EY ilJ O'I g / -� - MAP ON FILE IX BOON 97 PAGE 8: THROUGH 108. iNii 051 VE. Df t E MAP, RECORDS Of RIVERSIDE COUNTY. SIPTE OF CALIFORXIA OCTOBER 1983 .-••• � ✓ I li � X•^� w �i' /�.S1)UTN���iw� I I� L7 ``) r� -m ttll �. �i it♦ �� �r.. lr PREPARED BY: Warner Englneering 7245 Joshua Line, Suite A La Phone Ve(619) 3e3-)6J6tl4 AREA: 0 \1 NET AREA: 4.03 ACRES Yu . l . m _ i ,1 JNMIR )CLOPi '. / 1 - H - J7.r, if �'i Mike N p.Ic U se r,, Ce 91260 Phonr. (619, 346-3642 NOTES: �' ` - ( r11I _ -- II'' C r 1) PROPOSED YUNBEH OF UNITS: 12 -r'Dy0'"- � Mt - -="�---- _ 11 G du a Rl Sorrento, eompany ` -_ L.1ab Park SOrrenl o, Suite 206E O yy \ ' �00 t'CIr' ( L) Ce le6asex Park,.Ca 91302 2) SEWAGE DISPOSAL COACHELLA VALLEY Phu ne. (Zlll dbBa6tl00 WATER DISTRICT ICJ SEE TYP/CAL; ASSESSOR'S PARCEL NO'S. �I TA/L SIRE€T SEfFid✓fi I Y IdI�Y - OE .Fir 1 1 6[t-0)5-09 into 14 6 24 999 ya. �2i-" r e . 8. 1 uh. sett tmo. LAND USE: alto PROPOSED (CUnd Umanl Ua Project) 1 PRESENT Wait.., M 7 i•I r Ml V - [ Nulls Family Residential Lj LA kt .. . . ZONE: ., .✓: N 0 t� .. PR-5 .�.. maw A.2 N° --�1J—�;�J— J07 qq pug a LEGEND: - :,-.A _ 0 3GCLE-/'•=6l• INDICATES MASONRY WALL Q INDICATES TRESS OR BUSHES INDICATES GROUND CONTOUR ' } UTILITIES. o-r INDICATES TREES WATER.............Loa cpe lla Valley County Water District ._ _ INDICATES EDGE OF PAVING i r T d SEWER P.O. Boa 1Val ' NON/EFEy /✓ENVE Phone:l la Valley, Co. 92236 (- ) WHICHINDIC ARE BEARINGS AND ACTDISTANCES1 ' Phone: (619) 398-2651 WHICH ARE RECORD PER TRACT N0. 11454 C(� - ELECTRICITY.......SOV[Lern California Edl son Company l olvrfRINDICATES PROPERTY LINE OR TRACT BOUNDARY 3a100 Cathedral Canyon Drlrre INDICATES Cathedral City, Co. 92214 Phone: (619) 324-4691 GAS..............3ootnern Call fornia Gas Company 20, 3 P.O. Boa 1986 Pala Springs, Co. 92262 F > , Phone: (619) 327-8531 K ; v TELEPHONE.........General Telephone Company v v 83-793 Avenu< 47 .. Indio. Co. 92201 ; 4 Phone: (714) 347-2711 t.51r - Po /✓ENLLe Z BYTE"� � \ R ' .a>_ ,N ,1R/LE 20'TYP/CAL` 87REET SECT/AY LAND DEVELOPMENT ENGINEERING • SURVEYING WARNER ENGINEERING 7245 JOSHUA LANE. SUIT.A YUCCA VALLEY, CA. 92254 BILL WARNER TELEPHONE 365-7636 PRo..6•IONwL ENOINECR __- dOg 275 oOft fter Lanme PSOM Dam a Qa.92280 �n SUBDIVISION MAP Ip i 0 . y14 I[4kdts f. ip" Yvl Wlq- P.o . szx Zs-? q tol r..NA VY.— va%xsE�L, ca Currey & Riach Company �'•LALt (pieces print) R"09-f" 23480 Park Sorrento, Suite 206 B 1213) 888-6800 Mailing Address telephone Calabasas Park, California 91302 City State Zip-Cads REQUEST! (Describe specific nature of approval requested). To propose a one lot subdivision for a 12 unit condominium development with common recreation area. t a i PROPERTY DESCRIPTION: r Lots 53 through 59 inclusive of Tract 11454, as shown by Map on file in Book 97, Pages 82 through 108, inclusive of Map, records of Riverside County, State of California. ASSESSOR'S PARCEL NO. 622-075-09 through 14 & 622-075-24 EXISTING ZONING PR-5 Property Owner Authorization The undersigned states that they are no owner Is) of the property described heroin and hereby give author- Izatlon for the filing at this application. snatun Dora Agreement absolving the City at Palm Desert of all liabilities reiative to any died restrictions. 1 00 BY MY SIGNATURE ON THIS AGREEMENT, Absolve the City of Polm Desert of all Ileblitues regarding any deed restrictions that (my be applicable to the property described herein. Signature Date Applicants Signature Signature Dan FOR STAFF USE ONLY) Environmental Status Accepted by, ❑ Ministerial Act E.A. No. l ❑ Categorical Exemption CASE H(g,' TT 95$--7 ❑ Negative Declaration ❑ Oder - Reference Case No. rrmeoMrrNTu erevitra ire e�r-ee Application Form (Sheet 2) Applicant: Currey & Riach Company 23480 Park Sorrento, Suite 206 B Calabasas Park, California 91302 (213) 888-6800 Owner: Mike Homme P.O. Box 258 Palm Desert, California 92260 (619) 346-3647 Engineer: Warner Engineering 7245 Joshua Lane, Suite A Yucca Valley, California 92284 (619) 365-7630 Architect: Millard Archuleta Associates 42600 Bob Hope Drive Rancho Mirage, California 92270 (619) 568-9411 DAME CONSTRUCTION CO. INC. iDAME CONSTRUCTION 42555 PORTOLA AVE. 42555 PORTOLA AVE. PALM DESERT, CA 92260 PALM DESERT, CA 92260 622-100-031 622-100-031 HERING, NORTON HERING, NORTON 4030 BIRCH ST. , STE. 106 4030 BIRCH ST. , STE 106 NEWPORT BEACH, CA 92660 NEWPORT BEACH, CA 92660 622-100-032 1622-100-032 CHAPARRAL COUNTRY CLUB INC. CHAPARRAL COUNTRY CLUB INC. C/o DAME CONSTRUCTION c/o DAME CONSTRUCT ION P.O. BOX 100 P.O. BOX 100 SAN RAMON, CA 94583 SAN RAMON, CA 94583 622-100-083 622-100-083 CHAPARRAL ASSN. CHAPARRAL ASSN. C/o RUTH COTE c/o RUTH COTE P.O. BOX 100 P.O. BOX 100 SAN RAMON, CA 94583 SAN RAMON, CA 94583 622-100-084 622-100-984 CHAPARRAL COUNTRY CLUB INC. CHAPARRAL COUNTRY CLUB INC. c/o DAME CONSTRUCTION c/o DAME CONSTRUCTION P.O. BOX 100 P.O. BOX 100 SAN RAMON, CA 94583 SAN RAMON, CA 94583 622-100-085 682-100-085 CHAPARRAL COUNTRY CLUB INC. CHAPARRAL COUNTRY CLUB INC. c/o DAME CONSTRUCTION c/o DAME CONSTRUCTION P.O. BOX 100 P.O. BOX 100 SAN RAMON, CA 94583 SAN RAMON, CA 94583 622-100-OB6 622-100-066 UNIVERSITY PLAZA I NC. ETAL UNIVERSITY PLAZA I NC.ETAL 333 S. HOPE ST. , 27TH FLOOR 333 S. HOPE ST. , 27TH FLOOR LOS ANGELES, CA 90071 LOS ANGELES, CA 90071 624-040-001 624-040-001 McDONALD F . McDONALD F. 1900 E. OCEAN BLV. , APT. 1410 1900 E. OCEAN BLV. , APT. 1410 LONG BEACH, CA LONG BEACH, CA 624-040-002 624-040-002 L pov :<r HIDDEN ACRES HIDDEN ACRES REESON, MELVILLE P.O. t3OX 654 P.O. BOX 654 9929 SASK DR. #1503 RANCHO MIRAGE, CA 92270 RANCHO MIRAGE, CA 92270 EDMONTON, CANADA T6E5J9 622-070-009 622-070-23 622-100-020 HIDDEN ACRES HIDDEN ACRES RUSSO, LOUIS P:O. BOX 654 P.O. BOX 654 #2201 FRANCISCO DR. RANCHO MIRAGE, CA 92270 RANCHO MIRAGE, CA 92270 NEWPORT BEACH, CA 92660 622-070-010 622-070-24 622-100-021 HIDDEN ACRES MONTEREY COUNTRY CLUB ASSN. KUPFERSCHMIDT, WILLIAM P.O. BOX 654 41500 MONTEREY AVE. 27427 LARCHBLUFF DR. RANCHO MIRAGE, CA 92270 PALM DESERT, CA 92260 RANCHO PALOS VERDES, CA 622-070-011 622-070-25 622-100-022 HIDDEN ACRES MONTEREY COUNTRY CLUB ASSN. PARKS, WILLIAM P.O. BOX 654 41500 MONTEREY AVE . 306 SEAVIEW DR. RANCHO MIRAGE, CA 92270 PALM DESERT, CA. 92260 EL CERRITO, CA 94530 622-070-012 622-070-026 622-100-023 HIDDEN ACRES HIDDEN ACRES HAYWARD, GEORGE P.O. BOX 654 P.O. BOX 654 #701 12331 JASPER AVE. RANCHO MIRAGE, CA 92270 RANCHO MIRAGE, CA 92270 EDMONTON, ALBERTA CANADA T5N 622-070-013, 622-070-033 622-100-024 HIDDEN ACRES BONE, WILLIAM SCHROEDER, ROBERT P.O. BOX 654 41500 MONTEREY AVE. 4556 CROSSEIELDS RD. RANCHO MIRAGE, CA 92270 PALM DESERT, CA 92260 TOLEDO, OHIO 43623 622-070-14 622-074-001 622-100-025 PLAZA INVESTMENT CO. BONE, WILLIAM LEONARD, DENNIS 41500 MONTEREY AVE . 41500 MONTEREY AVE . 17071 NEWOUIST LN. PALM DESERT, CA 92260 PALM DESERT, CA 92260 HUNTINGTON BEACH, CA 92647 622-070-007 622-075-001 622-100-026 PLAZA INVESTMENT CO. CRUSE, JOSEPH MANDEL, ALBERT 41500 MONTEREY AVE. 39000 BOB HOPE DR. SUITE 203K 4623 WINNETKA AVE. PALM DESERT, CA 92260 RANCHO MIRAGE, CA 92260 WOODLAND HILLS, CA 91364 611-070-008 622-100-016 622-100-027 MONTEREY COUNTRY CLUB ASSN. L I NDGREN, CLARENCE ELSON, LESLIE 41500 MONTEREY AVE. 1800 LAKEWOOD CT. #131 1722 W. GRAND BAHAMA DR. PALM DESERT, CA 92260 EUGENE, OR. 97402 PALM SPRINGS, CA 92262 622-070-020 611-100-017 622-100-028 MONTEREY COUNTRY CLUB ASSN FELDSTEIN, SAUL FOX, JOHN 41500 MONTEREY AVE. 18201 LAKE ENCINO DR. 8289 BEACHWAY DR. PALM DESERT, CA 92260 ENC I NO, CA 91316 BLAINE, WA 98230 622-070-21 611-100-018 622-100-029 MONTEREY COUNTRY CLUB ASSN. LISS, JOSEPH RICHARDS, D. 41500 MONTEREY AVE . 1629 W. TONIA LN. 42555 PORTOLA AVE. PALM DESERT, CA 92260 ANAHEIM, CA 92802 PALM DESERT, CA 92260 622-070-022 622-100-019 622-100-030 H I DDEN ACRES H I DDEN ACRES REESON, MELV I LLE P.O. BOX 654 P.O. BOX 654 9929 SASK DR . #1503 RANCHO M I RAGE, CA 92270 RANCHO M I RAGE, CA 92270 EDMONTON, CANADA T6E5J9 622-070-009 622-070-23 622-100-020 HIDDEN ACRES HIDDEN ACRES RUSSO, LOUIS PkO. BOX 654 P.O. BOX 654 #2201 FRANC ISCO DR. RANCHO M I RAGE, CA 92270 RANCHO MIRAGE, CA 92270 NEWPORT BEACH, CA 92660 622-070-010 622-070-24 622-100-021 HIDDEN ACRES MONTEREY COUNTRY CLUB ASSN. KUPFERSCHMIDT, WILLIAM P.O. BOX 654 41500 MONTEREY AVE . 27427 LARCHBLUFF DR. RANCHO MIRAGE, CA 92270 PALM DESERT, CA 92260 RANCHO PALOS VERDES , CA 622-070-011 622-070-25 622-100-022 HIDDEN ACRES MONTEREY COUNTRY CLUB ASSN PARKS, WILLIAM P.O. BOX 654 41500 MONTEREY AVE. 306 SEAVIEW DR. RANCHO MIRAGE, CA 92270 PALM DESERT, CA 92260 EL CERRITO, CA 94530 622-070-012 622-070-26 622-100-023 HIDDEN ACRES HIDDEN ACRES HAYWARD, GEORGE P.O. BOX 654 P.O. BOX 654 #701 12331 JASPER AVE. RANCHO MIRAGE, CA 92270 RANCHO MIRAGE, CA 92270 EDMONTON, ALBERTA CANADA T5N 622-070-013 622-070-33 622-100-024 HIDDEN ACRES BONE, WILLIAM SCROEDER, ROBERT P.O. BOX 654 41500 MONTEREY AVE. 4556 CROSSFIELDS RD. RANCHO MIRAGE, CA 92270 PALM DESERT, CA 92260 TOLEDO, OH I O 43623 622-070-014 622-074-001 622-100-025 PLAZA INVESTMENT CO. BONE, WILLIAM LEONARD, DENNIS 41500 MONTEREY AVE. 41500 MONTEREY AVE. 17071 NEWQUIST LN. PALM DESERT, CA 92260 PALM DESERT, CA 92260 HUNTINGTON BEACH, CA 92647 622-070-OOB 622-075-001 622-100-026 MONTEREY COUNTRY CLUB ASSN. CRUSE, JOSEPH MANDEL, ALBERT 41500 MONTEREY AVE. 3900 BOB HOPE DR. SUITE 203K 4623 WINNETKA AVE. PALM DESERT, CA 92260 RANCHO MIRAGE, CA 92270 WOODLAND HILLS, CA 91364 622-070-020 611-100-016 622-100-027 MONTEREY COUNTRY CLUB ASSN, LINDGREN, CLARENCE ELSON, LESLIE 41500 MONTEREY AVE. 1BOO LAKEWOOD CT. #131 1722 W. GRAND BAHAMA DR. PALM DESERT, CA 92260 EUGENE, OR. 97402 PALM SPRINGS, CA 92262 622-070-021 622-100-017 622-100-028 HIDDEN ACRES FELDSTEIN, SAUL FOX, JOHN P.O. BOX 654 18201 LAKE ENCINO DR. 8289 BEACHWAY DR. RANCHO MIRAGE, CA 92270 ENC I NO, CA 91316 BLAINE, WA 98230 622-070-22 622-100-018 622-100-029 PLAZA INVESTMENT CO. LI SS, JOSEPH RI CHARDS, D. 41500 MONTEREY AVE . 1629 W. TONIA LN. 42555 PORTOLA AVE. PALM DESERT, CA 92260 ANAHEIM, CA 92802 PALM DESERTS, CA 92260 622-070-007 622-100-019 622-100-030 J _ WARNER ENGIP`:RING JOB l A) 7245 Joshua Lant uite A SHEET NO. Lf-, OF YUCCA VALLEY, CALIFORNIA 92284 n (619) 365.7638 CALCULATED BY- */ �rr DATE CHECKED BY DATE_ SCALE -i-�-- ! J I I . i ( I I __._. ._ ..__. . ( REFERENCE ! 17 SAN 8. Rf AeO.INo cZ?MlY- _ !94 klt)E IcouKTY I_�IY�RacA�:Y �NUA PAPINO PLAN __Pk PAKEo. Q E lD - - - � YI SG ---I NYDOZICS1_-- -�--�— Alf _�— _ _(_ _I._ .._ ._- I._. j- ! FfE�t� �R��J€•w; f- -IQ -➢3 I63--- -_ L. -- --- —. -.. _ _. I---l-- --•QlscussloN ! -_I I � I--I — - - - - } j---! --- - --1--- _ITNE iNTCNT OF TNIIS STUDY, _.I _v .s .i._ ,D.I'fH MUM E MAXI _ . _-- -�—! IECEVAf10N. IAW IS APfe)YIMATELy_IIoZI ACF_.& _OF_rNE 000cwy ENi,,��,,; ,vtc�s_ CadMM Iccu8, THE 1a01.F...CAU.12S _�IAS.I_S � A4_-LACE i I_- - .-.CI'T'!.��F DESCR,;._._'A�1�D_.•. .Df P�E.SS�oNS �. W,NIC- I.LG�c1R,A__.I RG?AN_I .W'M0lf F:---..l---I---- —�_... Hl _ _! LIT;-1sI iKtY4 _ il'L_SCf I_.oF__ Cis_ AI_F o00 fE_,?RiBu1q�/._A�f/4S c— - - - --- -! imerT ^D ; SEsuL1S. I + Tt CAI _i ►02 .Ac I- �.=r s�ao'IN'- 2o;' ii�; r� s4.MI.a-- - - - - - _ I i _ I R �- i ' 7 G �- so,cl ryPE A�' .RI Cos) _.(0,'7o)(lth8XI(1 '_ ._120 4Fs _ I I_.�� l I r i ,� I---I ! I--- ► ! 11 ---I ---I I— I I I I I- 1MGG A4� A2d5 1a,fimlltry E�DL i JOB S03(D-LIJ WARNER ENGW—RING 7245 Joshua Lane uite A SHEET NO.- OF YUCCA VALLEY, CALIFORNIA 92284 CALCULATED BY M3F DATE (619) 365.7638 CHECKED BY ___ DATE_ _ SCALE I I 1 NYDRAuucs h ' +CROP' MA►lNot_E I , I I 5= 0,005 ,_ I I &�L F 2-36"(MP � I I ... � S = 0,0085 Iry aa�, li i. .i 3 F 2 I C7�VE.iJS , ioo Q cm Coo GFS/PI PEi `_... CMP, I/i= b,oz� Q ;_ `SDI. t vZ � F02 OP�i�/ <llaNNEL rcoul) ; S = 0,069 =P 4 =. C FS < fo0 C FS , PQESSQU Pe SSu+w Fcnu) �T _ hM i i � = Q1A rIT UZ PE,ACO 4 - lno' latoI�Inf�L�Y2_ (pp _ 43 (60/3o I) -MT-AL HEAD RegU.I9EA r02: WARNER ENGINEERING JOB 5031a- c�j 7245 Joshua Lane to A SHEET NO.- OF U YUCCA VALLEY, CAUFOr,.41A 92284 CALCULATED BY DATE (619) 365-7638 CHECKED BY DATE_ SCALE I , 4411) AU�IC.S COAIT, I i NEB I I I i I A suA F- 707AL LOSS .' OF UEOC(TyI NEAP p E 1q. MANNA . UE 70 TU�KULANC; I hu a i R EP( �! 2 & _ P ! I CAT04 BAST 0 E ITir,eA 5 W-.c ,Loss: 012:h J ! I I I ' I, I it II I I I 1C25' .21.Z 01 s ; , 0 0' L TOTAL_ .i�1£Rtl CDSS; 15.: ASSOME SOFFIT <QNTQP.L)4 0, 9 ; POL00 STI?EMI • I°IP£, '5G.£ VAT-lop TINS .SMDY AM)ME,5 70E, 1?,PAl9A&E AC141-14s At°E A&AMY MAW7AM-E,D 14:4D r AM(Tr9H AT ;VEP6q CAGACrty. . 9DFFIT CONVO4 IS ASSUMED 0 UE MU*)S'TREAM QliRf, PVWS�LAPA PUADI4E1 MAC/ P>ft E POP 111.0QAL. -fAILWATEe I ... j. Wdlci:-1 aWl-D IWPLASE' VL : MCC: SWOCC AT -W OPSIRCRM. EMU JOB Cn 7/ rI WARNER ENGINE NG 7245 Joshua Lane Suite A SHEET NO. F�UI _ oF— SOUR YUCCA VALLEY, CALIFORNIA 92284 CALCULATED BY M3 F DATE (b'2 S 83 (619) 365.7638 CHECKED BY DATE_ SCALE I I i j i ' SITE . D,�HIPAlaE T ,E s( r W144- To 404VEV IW4 DRAI IJA&C 70 i�-Q"W6e 7P6 5*7;�e6't q,e 17;e I PPOPos�o �bNA A V(M o U)(u RE. gh)I)1pFo TD AC[OM I04T'E ou ee rcow rpm :-NC 02WQ. � , I ( f„ Con(Uc.�,T� i>�(�b�t.As�r��1 � ACA��w4T6j To, 'j f IF T PPoPt Ly MAINI'AI WC-0, 14 PPOf-r- ei MAr�ITA�F(��tc . n4 j t�;lL.l: CAUSG; TNT S7F�'t ;7d. �94�" h1C.T7o S l alr�M#�:sc c�ki4Fi�. Ir IS :ouR REc1+ViYPA7lol 1TVVr A PhAPAM -P P"49E <�fUARAUTEA MAIMTi4r i�WIF I . ©a Irks SroOe.H pR*1h/ ,FR,ca.✓r/psi e S7K4?61S✓.lED. I YNuICI Xil 1-.Gwn.AYa moL -•_— CITY OF FALM DESERT YREASURER'S RECEPY 7573 RECEIVED OF: u 14o{n�NnZ DATE 1 � 3 AMOUNT �-7��.y-+Z.50P FOR 0I ._a3 1 0552 RECEIVED: CITY TREASURER BY: ACCOUNT NO. AMOUNT CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE PAYOR ,ems .RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO: McKITTRICK, JACKSON, DeMARCO & PECKENPAUGH (JRS) 4041 MacArthur Boulevard Post Office Box 2710 Newport Beach, California 92660 ( Space Above For Recorder' s Use) ENVIRONMENTAL SERVICES CITY OF PALM DESERT DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR LAGO DE PALMAS 1878S/JRS/0389S/15415 zr kjm/09-06-83 MCKIT RICK. 4ACKSON, n MARCO & PECKENPAUGH A LAW CORPORATION , TABLE OF CONTENTS FOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF .EASEMENTS FOR LAGO DE PALMAS DESCRIPTION PAGE NO. PREAMBLE 1 ARTICLE I DEFINITIONS 2 Section 1 . 01 Architectural Committee or Committee 2 Section 1 . 02 Articles 2 Section 1 . 03 Assessment, Annual 2 Section 1 . 04 Assessment, Capital Improvement 2 Section 1 . 05 Assessment, Reconstruction 2 Section 1 . 06 Assessment, Special 2 Section 1 .07 Association 3 Section 1 . 08 Beneficiary 3 Section 1 . 09 Board or Board of Directors 3 Section 1 . 10 Budget 3 Section 1 . 11 Bylaws 3 Section 1 . 12 Close of Escrow 3 Section 1 . 13 Common Property or Common Areas 3 Section 1 . 14 Common Areas, Restricted 3 Section 1 . 15 Common Expenses 4' Section 1 . 16 Condominium 4 Section 1 . 17 Condominium Plan 4 Section 1 . 18 Declaration 4 Section 1 . 19 Deed of Trust 4 Section 1 . 20 Family 4 Section 1 . 21 Fiscal Year 5 Section 1 . 22 Grantor 5 Section 1 .23 Improvements 5 Section 1 .24 Maintenance Funds 5 Section 1 . 25 Manager 5 Section 1 . 26 Master Association 5 Section 1 . 27 Member, Membership 5 Section 1 . 28 Monterey Country Club 5 Section 1 . 29 Mortgage 5 Section 1 . 30 Mortgagee, Mortgagor 5 Section 1 . 31 Notice and Hearing 6 Section 1 . 32 Owner 6 Section 1 . 33 Person 6 Section 1 . 34 Property or Project 6 Section 1 . 35 Record, File, Recordation 6 Section 1 . 36 Residence 6 Section 1 . 37 Restrictions 6 Section 1 . 38 Rules and Regulations 6 Section 1 . 39 Unit 6 1878S/JRS/0389S/15415 . kjm/09-01-83 MCK=RICK. JACKSON. ?[ MARCO N PECKENPAUGH A "W CORMRAT1ON TABLE OF CONTENTS (Continued) DESCRIPTION PAGE NO. ARTICLE II LAGO DE PALMAS COMMUNITY ASSOCIATION 7 Section 2 . 01 Organization of Association 7 Section 2 . 02 Duties and Powers 7 Section 2 . 03 Membership 7 Section 2 . 04 Transfer. 7 Section 2 . 05 Classes of Membership .8 Section 2 . 06 Voting Rights 8 Section 2 . 07 Repair and Maintenance Rights and Duties of Association 9 Section 2 . 08 Unsegregated Real Property Taxes 10 Section 2 . 09 Repair and Maintenance by Owners 11 Section 2 . 10 Use of Agent 11 ARTICLE III RIGHTS IN COMMON PROPERTY 11 Section 3 . 01 Association Easement 11 Section 3 . 02 Partition 12 Section 3 . 03 Members' Easements of Use and Enjoyment of Common Property 12 Section 3 . 04 Extent of Members ' Easements 12 Section 3 . 05 Delegation of Use 13 Section 3 . 06 Waiver of Use 13 Section 3 . 07 Damage by Member 13 ARTICLE IV ARCHITECTURAL REVIEW COMMITTEE 14 Section 4. 01 Members of Committee 14 Section 4. 02 Review of Plans and Specifications 14 Section 4. 03 Meetings of the Committee 15 Section 4. 04 No Waiver of Future Approvals , 15 Section 4. 05 Compensation of Members 16 Section 4. 06 Correction of Defects 16 Section 4. 07 Scope of Review 17 Section 4. 08 Variances 17 ARTICLE V MAINTENANCE FUNDS AND ASSESSMENTS 17 Section 5 . 01 Personal Obligation of Assessments 17 Section 5 . 02 Maintenance Funds of Association 18 Section 5 . 03 Purpose of Assessments 19 Section 5 . 04 Limitations on Annual Assessment Increases T9 Section 5 . 05 Commencement and Collection of Annual Assessments 20 Section 5 . 06 Association Budgets 21 Section 5 . 07 Capital Improvement Assessments 22 Section 5 . 08 Delinquency and Acceleration 22 Section 5 . 09 Creation and Release of Lien 23 Section 5 . 10 Enforcement of Liens 23 -ii- 1878S/JRS/0389S/15415 kjm/09-01-83 M<KITTRICK. JACKSON. )e MARCO d PECKENPAUGH A LAW CORPORATION �f TABLE OF CONTENTS (Continued) DESCRIPTION PAGE NO. ARTICLE VI PROJECT EASEMENTS AND RIGHTS 24 OF ENTRY Section 6 . 01 Easements 24 Section 6 . 02 Rights of Entry 25 ARTICLE VII GRANTOR' S RIGHTS AND RESERVATIONS 26 ARTICLE VIII RESIDENCE AND USE RESTRICTIONS 27 Section 8 . 01 Single Family Residences 27 Section 8. 02 Parking and Vehicular Restrictions 27 Section 8 . 03 Nuisances 28 Section 8 . 04 Signs 28 Section 8. 05 Antennae 29 Section 8. 06 Inside and Outside Installations 29 Section 8 . 07 Animal Regulations 29 Section 8 . 08 View Obstructions 30 Section 8. 09 Business or Commercial Activity 30 Section 8. 10 Rubbish Removal 30 Section 8. 11 Further Subdivision 31 Section 8 . 12 Drainage 31 Section 8 . 13 Water Supply System 31 . Section 8 . 14 Right of First Refusal 32 ARTICLE IX INSURANCE 32 Section 9 . 01 Duty to Obtain Insurance; Types 32 Section 9 . 02 Waiver of Claims Against Association 33 Section 9 . 03 Right and Duty of Owners to Insure 33 Section 9 . 04 Notice of Expiration Requirements 34 Section 9 . 05 Insurance Premiums 34 Section 9 . 06 Trustee for Policies 34 Section 9 . 07 ' Actions as Trustee 35 Section 9 . 08 Annual Insurance Review 35 Section 9 . 09 Required Waiver 35 ARTICLE X DESTRUCTION OF IMPROVEMENTS 36 Section 10. 01 Restoration of the Property 36 Section 10. 02 Sale of Property 36 Section 10. 03 Right to Partition 37 Section 10 . 04 Interior Damage 37 Section 10 .05 Notice to Owners and Listed Mortgagees 38 ARTICLE XI EMINENT DOMAIN 38 Section 11 . 01 Definitions; Total Taking, Partial Taking, Special Partial Taking 38 Section 11 . 02 Awards; Repair; Restoration and Replacement 38 -iii- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKMRICK. JACKEON. .e MARCO L PECKENPAUGH r A LAW CORMMTIOK i TABLE OF CONTENTS (Continued) DESCRIPTION PAGE NO. Section 11 . 03 Awards for Owners' Personal Property and Relocation Allowances 40 Section 11 . 04 Relinquishment of Interest in Common Areas 40 Section 11 . 05 Notice to Owners and Listed Mortgagees 41 ARTICLE XII RIGHTS OF MORTGAGEES 41 .ARTICLE XIII DURATION AND AMENDMENT 44 Section 13 . 01 Duration 44 Section 13 . 02 Amendment 44 Section 13 . 03 Protection of Grantor 46 ARTICLE XIV ENFORCEMENT OF CERTAIN BONDED 46 OBLIGATIONS Section 14. 01 Consideration by Board of Directors 46 Section 14. 02 Consideration by the Members 47 ARTICLE XV GENERAL PROVISIONS 47 Section 15 . 01 Legal Proceedings 47 Section 15 . 02 Violation of Restrictions 47 Section 15 . 03 Severability 48 Section 1.5 . 04 Interpretation 48 Section 15 . 05 Mergers or Consolidations 48 Section 15 .06 Use of Recreational Facilities 48 Section 15 .07 No Public Right or Dedication 48 Section 15 . 08 No Representations or Warranties 49 Section 15 . 09 Nonliability and Indemnification 49 Section 15 . 10 Notices 50 Section 15 . 11 Priorities and Inconsistencies 50 SUBORDINATION 52 EXHIBIT "A" - ARTICLES OF INCORPORATION OF THE ASSOCIATION EXHIBIT "B" - BYLAWS OF THE ASSOCIATION EXHIBIT "C" - ITEMS OF COMMON EXPENSES WHICH SHALL NOT BE ASSESSED EQUALLY AMONG THE CONDOMINIUMS EXHIBIT I'D" - COPY OF COVENANT , -iv- 1878S/JRS/0389S/15415 kjm/09-01-83 M<KITTRICK. JACKsON. ,. O[ MARCO h PHCK@MPAUOM A uw CORPORATION DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR LAGO DE PALMAS THIS DECLARATION is made by LAGO DE PALMAS, a California general partnership ( "Grantor" ) . P R E A M B L E: A. Grantor is the owner of certain real property located in the City of Palm Desert, County of Riverside, State of California, described as follows: Lot of Tract No . , as shown on a Subdivision Map filed on 19_, in Book , at Pages to , inclusive, of Maps in the Office of the Riverside County Recorder. B. It is the desire and intention of Grantor to subdivide the Property ( as hereinafter defined) into condominium estates and to impose mutually beneficial restrictions under a general plan of improvement for the benefit of all the condominium estates created. C. Grantor hereby declares that all the Property is to be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the following limitations, restrictions, easements, conditions and covenants, all of which are declared and agreed to be in furtherance of a plan for the protection, subdivision, maintenance, improvement and sale of the Property for the purpose of enhancing the value, desirabil- ity and attractiveness of the Property. All provisions of this Declaration, including without limitation the easements, uses, obligations, covenants, conditions and restrictions hereof, are hereby imposed as equitable servitudes upon the Property. All of the limitations, restrictions, easements, conditions and covenants herein shall run with the land and shall be binding on and for the benefit of all of the Property and all parties having or acquiring any right, title or interest in the Prop- erty, or any part thereof, and their successive owners and assigns . D . Grantor, its successor assigns and grantees, covenant and agree that the undivided interest in the Common Areas, the membership in the Association, any easements conveyed therewith and the fee title to each respective Unit conveyed therewith shall not be separated or separately conveyed, and each such undivided interest, membership and easement shall be deemed to be conveyed or encumbered with its respective Unit even though the description in the instrument of conveyance or encumbrance may refer only to the Unit; provided, however, that this re- striction upon the severability of the component interests of the Condominiums shall not extend beyond the period for which the right to partition the Property is suspended in accordance with Section 1354(b) of the California Civil Code and the pro- visions of Article X hereof. Any conveyance by an Owner of a 1878S/JRS/0389S/15415. kjm/09-01-83 MCKITTRICK. JACKSON. MARCO & PECKENPAUGN ' A LAW CORPORATION �1 Condominium, or any portion thereof, shall be presumed to convey the entire Condominium, together with a membership in the Asso- ciation. ARTICLE I DEFINITIONS Unless otherwise expressly provided, the following words and phrases when used in this Declaration shall have the following specified meanings . Section 1 . 01 . Architectural Committee or Committee . "Architectural Committee" or "Committee " shall mean the Archi- tectural Review Committee created pursuant to Article IV hereof. Section 1 . 02 . Articles. "Articles" shall mean the Arti- cles of Incorporation of the Association, filed or to be .filed in the Office of the Secretary of State of the State of Cali- fornia, a true copy of which is attached hereto, marked Exhibit "A" , as such Articles may be amended from time to time. Section 1 . 03 . Assessment, Annual . "Annual Assessment" shall mean a charge against a particular Owner and his Condo- minium, representing a portion of the Common Expenses which are to be levied among all of the Condominiums in the Project in the manner and proportions provided herein. Section 1 . 04. Assessment Capital Improvement. "Capital Improvement Assessment" shall mean a charge against each Owner and his Condominium, representing a portion of the cost to the Association for ( a,) installation or construction of any capital improvements on any of the Common Property which the Association may from time to time authorize, or (b) purchase of a Unit in accordance with Section 8 . 14 hereof. Such charge shall be levied among all the Condominiums in the Project in the same proportions as are Annual Assessments. Section 1 . 05 . Assessment, Reconstruction. "Reconstruction Assessment" shall mean a charge against a particular Owner and his Condominium, representing a portion of the cost to the Association for reconstruction of any capital improvements on any of the Common Property which the Association may from time to time authorize. Reconstruction Assessments shall be levied among all of the Condominiums in the Project in the same pro- portions as the relative interior 'square foot floor areas of the Residential Elements of the Units ( as such areas are shown, on the Condominium Plan) , expressed as percentages, and computed by dividing the interior square foot floor area of the Residen- tial Element of each Unit by the total interior square foot floor areas of the Residential Elements of all Units in the Project. Section 1 . 06 . Assessment, Special . "Special Assessment" shall mean a charge against a particular Owner, directly attrib- utable to, or reimbursable by, the Owner, equal to the cost in- ,curred by the Association for corrective action performed pur- suant to the provisions of this Declaration, or a reasonable fine or penalty assessed by the Board, plus interest and other -2- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKMRICK. JACKSON. Jr MARCO IN PECKENPAUGH A LAW CORPORATION charges on such Special Assessments as provided for in this Dec- laration. Special Assessments shall not include any late pay- ment penalties, interest charges or costs ( including attorneys' fees) incurred by the Association in the collection of Annual, Capital Improvement and Reconstruction Assessments. Section 1 . 07 . Association. "Association" shall mean LAGO DE PALMAS COMMUNITY ASSOCIATION, a California nonprofit corporation ( formed pursuant to the Nonprofit Mutual Benefit Corporation Law of the State of California) , its successors and assigns. Section 1 . 08. Beneficiary. "Beneficiary" shall mean a Mortgagee under a Mortgage or a Beneficiary under a Deed of Trust, as the case may be, and the assignees of such Mortgagee or Beneficiary. Section 1 . 09 . Board or Board of Directors . "Board of Directors" or 'Board shall mean the Board of Directors of the Association. Section 1 . 10. Budget. "Budget" shall mean a written, itemized estimate of the income and Common Expenses of the Association in performing its functions under this Declaration, which Budget shall be prepared pursuant to Section 5 . 06 of this Declaration. Section 1 . 11 . Bylaws. "Bylaws" shall mean the Bylaws of the Association as adopted by the Board initially in the form of Exhibit "B" attached hereto, as such Bylaws may be amended by the Membership of the Association from time to time. Section 1 . 12 . Close of Escrow. "Close of Escrow" shall mean the date on which a deed .is Recorded conveying a Condo- minium pursuant to a transaction requiring the issuance of a Final Subdivision Public Report by the California Department of Real Estate. Section 1 . 13 . Common Property or Common Areas. "Common Property—'o ommon Areas' shall mean all areas on the Project, except the Units, and shall further include, without limitation, for maintenance purposes of the Association, but not necessarily by way of fee title, all gas, water and waste pipes, all sewers, all ducts, chutes, conduits, wires and other utility installa- tions of the Project Improvements wherever located (except the outlets thereof when located within the ,Units) , the land upon which the Project Improvements are located and the airspace above the Project Improvements, all bearing walls, columns, un- finished floors, the roofs, foundation slabs, party walls, utility walls, foundations, private streets or driveways, walk- ways, pool, jacuzzi spa, and other recreation facilities or equipment, common stairways, parking areas, waterscaping and landscaping on those areas which are not defined as a part of the Units. Section 1 . 14. Common Areas, Restricted. "Restricted Common Areas' shall all mean those portions of the Common Areas over which exclusive easements are reserved for the benefit of certain Owners, for patio purposes. The Restricted Common Areas in the Project are shown and assigned in the Condominium Plan. -3- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. MARCO Y PECKENPAUGH A LAW CORPORATION J 1 Section 1 . 15 . Common Expenses. "Common Expenses" shall mean those expenses for which the Association is responsible under this Declaration, including the actual and estimated costs of: maintenance, management, operation, repair and replacement of the Common Property ( including unpaid Special Assessments, Reconstruction Assessments and Capital Improvement Assessments) ; the costs of any and all utilities metered to more than one Unit and other commonly metered charges for the Property; the costs of trash collection and removal; costs of management and ad- ministration of the Association including, but not limited to, compensation paid by the Association to managers, accountants,' attorneys and other employees; the costs of all gardening, security, and other services benefiting the Common Property; the costs of fire, casualty and liability insurance, workers ' com- pensation insurance, errors and omissions and director, officer and agent liability insurance, and other insurance covering the Property and the directors, officers and agents of the Associa- tion; the costs of bonding of the members of the Board; taxes paid by the Association, including any blanket tax assessed , against the Property; amounts paid by the Association for dis- . charge of any lien or encumbrance levied against the Property, or portions thereof; the costs of any other item or items in- curred by the Association, for any reason whatsoever in connec- tion with the Property, for the common benefit of the Owners; and the "Area A" maintenance costs related to the security facilities, entryways and private streets of Monterey Country Club, as more fully described in the Covenant, attached hereto as Exhibit "D. " Section 1 . 16 . Condominium. 11Condominium" shall mean an undivided fee simple ownership interest in the Common Areas, together with a separate ownership interest in fee in a Unit and all easements appurtenant thereto . Subject to the provi- sions of Section 11 . 04 hereof, the fractional undivided fee simple interest appurtenant to each Unit shall be an undivided one-twelfth ( 1/12th) . interest in the Common Areas to be held by the Owners as tenants in common. Section 1 . 17 . Condominium Plan. "Condominium Plan" shall mean the Recorded engineering drawings and related materials, as amended from time to time, showing the diagrammatic floor plans of the Units, the boundaries of the Units, the Common Areas, and, where applicable, dimensions, specific alternative uses as authorized by this Declaration, and such other informa- tion reasonably necessary to identify a Condominium. Section 1 . 18. Declaration. "Declaration" shall mean the within Declaration of Covenants, Conditions and Restrictions and Reservation of Easements, as it may be amended from time to time as provided herein. Section 1 . 19 . Deed of Trust. "Deed of Trust" shall mean a mortgage or a Deed of Trust, as the case may be. Section 1 . 20 . Family. "Family" shall mean one or more natural persons each related to the other by blood, marriage or adoption, or a group not all so related, who maintain -a common household in a. Residence. -4- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKJT RICK. JACKSON. ,it MARCO 6 PECKENPAUGH A LAW CORPORATION s Section 1 . 21 . Fiscal Year. "Fiscal Year" shall mean the fiscal accounting and reporting period of the Association selected by the Board from time to time. Section 1 . 22 . Grantor. "Grantor" shall mean LAGO DE PALMAS, a California general partnership, its successors, and any Person to which it shall have assigned any of its rights hereunder by an express written assignment. Section 1 . 23 . Improvements . " Improvements" shall mean all structures and appurtenances thereto of every type and kind, including but not. limited to, buildings, walkways, sprinkler pipes, waterscaping, swimming pool, gazebo, jacuzzi spa, roads, driveways, parking areas, fences, screening walls, retaining walls, awnings, stairs, .decks, landscaping, hedges, windbreaks, the exterior surfaces of any visible structure, planted trees and shrubs, poles, signs, exterior air conditioning and water softener fixtures or equipment. Section 1 . 24. Maintenance Funds. "Maintenance Funds" shall mean the accounts created for receipts and disbursements of 'the Association pursuant to Section 5.02 hereof. Section 1 . 25 . Manager. "Manager" shall mean the Person, employed by the Association, pursuant to and limited by Section 2 . 10 hereof, and delegated the duties, power or functions of the Association as limited by said section. Section 1 . 26 . Master Association. "Master Association" shall mean the nonprofit corporation known as MONTEREY COUNTRY CLUB ASSOCIATION, INC. , formed for the purposes of operating and maintaining the Monterey Country Club. Section 1 . 27 . Member, Membership. "Member" shall mean every Person holding a membership in the Association, pursuant to Section 2 . 03 hereof. "Membership" shall mean the property, voting and other rights and privileges of Members as provided herein, together with the correlative duties and obligations contained in this Declaration, the Articles and Bylaws. Section 1 . 28 . Monterey Country Club. "Monterey Country Club shams ll mean the residential and recreational Condominium project which adjoins the Project and is located on the real property more fully described in the Covenant, attached hereto as Exhibit I'D. " Section 1 . 29 . Mortgage . "Mortgage" shall mean any Recorded mortgage or deed of trust or other conveyance of a Condominium or other portion of the Property to secure the performance of an obligation, which conveyance will be reconveyed upon the completion of such performance. The term "Deed of Trust" or "Trust Deed" when used shall be synonymous with the term "Mort- gage . " Section 1 . 30. Mortgagee, Mortgagor. "Mortgagee" shall mean a Person to whom a Mortgage is made and shall include the Beneficiary of a Deed of Trust; "Mortgagor" shall mean a Person who mortgages his or its property to another ( i . e . , the maker of a Mortgage) , and shall include the Trustor of a Deed of Trust. The term "Trustor" shall be synonymous with the term -5- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITf RICK. JACKSON. L MARCO & PECKENPAUGH A LAW CORPORATION I'Mortgagor" and the term "Beneficiary" shall be synonymous with the term "Mortgagee. " Section 1 . 31 . Notice and Hearing. "Notice and Hearing" shall mean written notice and a hearing before the Board, at which the Owner concerned shall have an opportunity to be heard in person, or by counsel at the Owner' s expense, in the manner further provided in the Bylaws. Section 1 . 32 . Owner. "Owner" shall mean the record owner, whether one or more Persons, of a fee simple interest in a Con- dominium, including Grantor with respect to each Condominium owned by Grantor. The term "Owner" shall include a seller under an executory contract of sale but shall exclude Mortgagees. Section 1 . 33 . Person. "Person" shall mean a natural in- dividual, a corporation or any other entity with the legal right to hold title to real property. Section 1 . 34. Property or Project. "Property or Project" shall mean all of the real property described in Paragraph A of the Preamble to this Declaration. Section 1 . 35 . Record, File Recordation. "Record", "File" , or ' '''Recordation shall mean, with respect to any document, the recordation or filing of such document in the Office of the County Recorder of the county in which the Property is located. Section 1 . 36. Residence. "Residence" shall mean a Unit, intended for use by a single Family, together with any Re- stricted Common Areas reserved for the benefit of such Unit. Section 1 . 37 . Restrictions . "Restrictions" shall mean this Declaration, the Articles, Bylaws and the Rules and Regu- lations of the Association from time to time in effect: Section 1 . 38. Rules and Regulations. "Rules and Regula- tions'' shall mean the rules and regulations adopted by the Board pursuant to this Declaration or by the Bylaws, as such rules and regulations may be amended from time to time . Section 1 . 39 . Unit. "Unit" shall mean the elements of a Condominium not owned in common with the Owners of other Condo- miniums in the Project. Each of the Units shall be a separate freehold estate, as separately shown, numbered and designated in the Condominium Plan. Each such Unit consists of a living element and a garage element each of which is bounded by and contained within the interior unfinished (meaning exclusive of wall coverings, floor coverings, fixtures or decorations) sur- faces of the perimeter walls, floors, ceilings, windows, and doors of each element, as shown and defined in the Condominium Plan. In interpreting deeds, declarations and plans, the exist- ing physical boundaries of the Unit or a Unit constructed or reconstructed in substantial accordance with the Condominium Plan and the original plans thereof, if such plans are avail- able, shall be conclusively presumed to be its boundaries, rather than the description expressed in the deed, Condominium Plan or Declaration, regardless of settling or lateral movement of the building and regardless of minor variances between boun- daries, as shown on the Condominium Plan or defined in the deed -6- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON, OK MARCO & PECKENPAUGN A LAW CORPORATION and Declaration, and the boundaries of a building as constructed or reconstructed. ARTICLE II LAGO DE PALMAS COMMUNITY ASSOCIATION Section 2 . 01 . Organization of Association. The Association is or shall be incorporated under the name of LAGO DE PALMAS COMMUNITY ASSOCIATION, as a corporation not for profit under the Nonprofit Mutual Benefit Corporation Law of the State of California. Section 2 . 02 . Duties and Powers. The duties and powers of the Association are those set forth in the Declaration, the Articles and Bylaws, together with its general and implied powers of a nonprofit mutual benefit corporation, generally to do any and all things that a corporation organized under the laws of the State of California may lawfully do which are necessary or proper, in operating for the peace, health, com- fort, safety and general welfare of its Members, subject only to the limitations upon the exercise of such powers as are ex- pressly set forth in the Articles, the Bylaws and in this Dec- laration. The Association shall further have the right to in- stall or construct capital Improvements on the Common Property. The Association may at any time, and from time to time recon- struct, replace or refinish any Improvement or portion thereof upon the Common Property in accordance with the original design, finish or standard of construction of such Improvement; replace destroyed trees or other vegetation and plant trees, shrubs and ground cover upon any portion of the Common Property. The Association may employ personnel necessary for the effective operation and maintenance of the Common Property, including the employment of legal, management and accounting services. Section 2 . 03 . Membership. Every Owner, upon becoming the Owner of a Condominium, shall automatically become a Member of the Association, and shall remain a Member thereof until such time as his ownership ceases for any reason, at which time his Membership in the Association shall automatically cease. Ownership of a Condominium shall be the sole qualification for Membership in the Association. All Memberships shall be appur- tenant to the Condominium conveyed, and with the exception of Grantor, a Person shall be deemed an Owner of a Condominium only upon Recordation of a deed conveying the Condominium to such Person. Except as may otherwise be provided herein, the rights, duties, privileges and obligations of all Members of the Association shall be provided in the Restrictions. Section 2 . 04. Transfer. Subject to the provisions of Section 8. 14 hereof, the Membership held by any Owner shall not be transferred, pledged or alienated in any way, except upon the sale or encumbrance of such Owner' s Condominium, and then only to the purchaser or Beneficiary of such Condominium. A pro- hibited transfer is void, and will not be reflected upon the books and records of the Association. A Class A Member who has sold his Condominium to a contract purchaser under an agreement to purchase shall be entitled to delegate to the contract pur- chaser his Membership rights in the Association. The delegation -7- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. I¢ MARCO S PECKENPAUGN A LAW CORPORATION y shall be in writing and shall be delivered to the Board before the contract purchaser may vote. However, the contract seller shall remain liable for all charges and assessments attributable to this Condominium until fee title to the Condominium sold is transferred, as further provided in Section 5 . 01 of this Dec- laration. If the Owner of any Condominium fails or refuses to transfer the Membership registered in his name to the purchaser of the Condominium upon transfer of fee title thereto, the Board of Directors shall have the right to record the transfer upon the books of the Association. The Association may levy a rea- sonable transfer fee against a new Owner and his Condominiums (which fee shall be added to the Annual Assessment chargeable to such new Owner) to reimburse the Association for the administra- tive cost of transferring the membership to the new Owner on the records of the Association. Section 2 . 05 . Classes of Membership. The Association shall have two (2 ). classes of voting Membership. Class A. Class A Members shall originally be all Owners, except Grantor for so long as there exists a Class B Membership. Class A Members shall be entitled to one ( 1 ) vote for each Condominium owned by such Class A Members and subject to assessment. Grantor shall become a Class A Member with regard to Condominiums owned by Grantor upon conversion of Grantor' s Class B Membership as provided below. When more than one ( 1) Person owns any Condominium, all of those Persons shall be Members . The vote of such Condominium shall be exercised as they among themselves determine in accordance with Section 2 . 06, but in no event shall more than one ( 1 ) Class A vote be cast for any Condominium. Class B. The Class B Member shall be Grantor. The Class B Member shall be entitled to three (3 ) votes for each Condominium owned and subject to assessment, provided that the Class B Membership shall cease and be converted to Class A Mem- bership on the happening of any of the following events, which- ever occurs earlier: ( 1 ) When the total votes outstanding in the Class A Membership equals the total votes outstanding in the Class B Membership; or (2 ) The second anniversary of the original issuance of the Final Subdivision Public Report for the Property. Section 2 . 06. Voting Rights. ( a) All voting rights shall be subject to the Restrictions . Except as provided in Section 14. 02 of this, Declaration and Section 4.08 of the Bylaws, as long as there exists a Class B Membership, any provi- sion of this Declaration, the Articles or Bylaws which expressly requires the vote or written consent of a specified percentage (i . e. , other than actions requir- ing merely the vote or written consent of a majority of a quorum) of the voting power of the Association before action may be undertaken shall require the approval of such specified percentage of the voting power of each class of membership. Except as provided -8- 1878S/JRS/0389S/15415 kjm/09-01-83 MCK=RICK. JACKSON. .Je MARCO 6 PECKENPAUGH A LAW CORMMTION in Section 14. 02 of this Declaration and Section 4 . 08 of tLe Bylaws, when the Class 3 Membership has termi- nated, any provision of this Declaration, the Articles or Bylaws which expressly requires the vote or written consent of Owners representing a specified percentage of the voting power of the Association before action may be undertaken shall then require the vote or writ- ten consent of Owners representing such specified per- centage of both the total voting power of the Associa- tion and the voting power of the Association residing in Owners other than Grantor. (b) , At any meeting of the Association, each Owner, except as otherwise provided in Section 2 .05 with respect to the voting power of Grantor, shall be entitled to cast no more than one ( 1 ) vote for each Condominium owned as shown on the Condominium Plan. Where there is more than one ( 1) record Owner of a Condominium ( "co-owners" ) , all of those co-owners shall be Members and may attend any meeting of the Association, but only one ( 1 ) of those co-owners shall be entitled to exercise the single vote to which the Condominium is entitled. Co-owners owning the majority interests in a Condominium shall from time to time designate in writing one of their number to vote. Fractional votes shall not be allowed, and the vote for each Condominium shall be exercised, if at all, as a unit. Where no voting co-owner is designated or if the designation has been revoked, the vote for the Condominium shall be exercised as the co-owners owning the majority interests in the Condominium mutually agree . Unless the Board receives a written objection in advance from a co-owner, it shall be conclusively presumed that the corresponding voting co-owner is acting with the consent of his co-owners. No vote shall be cast for any Condominium if the co-owners present in person or by proxy owning the majority interests in such Condominium cannot agree to said vote or other action. The non-voting co-owner or co-owners shall be jointly and severally responsible for all of the obligations imposed upon the jointly- owned Condominium and ,shall be entitled to all other benefits of ownership. All agreements and determina- tions lawfully made by the Association in accordance with the voting percentages established herein, or in the Bylaws of the Association, shall be deemed to be binding on all Owners, their successors and assigns . Section 2 . 07 . Repair and Maintenance Rights and Duties of Association. Subject to Article XI pertaining to eminent domain and subject to Article X pertaining to destruction of Improvements, the Association shall paint, maintain, repair and replace the Common Property and Improvements thereon or shall contract for such maintenance, repair and replacement to assure maintenance of the Common Property and Improvements thereon, in a state of good repair and condition reasonably consistent with (a) the level of maintenance reflected in the most current Budget on file with and approved by the California Department of Real Estate, and (b) maintenance standards of the Master Association as provided in the Covenant, attached hereto as 1878S/JRS/0389S/15415 kjm/09-01-83 MCKMRICK. JACKSON, IC MARCO & PECKENPAUGH A LAW CORPoRATION Exhibit "D. " However, the Association shall not be responsible for or obligated to perform those items of maintenance, repair or Improvement of the Units or Restricted Common Areas, the maintenance of which is the responsibility of the Owners as pro- vided in Section 2 . 09 . Association maintenance, repairs and Improvements shall include, without limitation, the right, with- out obligation, to perform all corrective janitorial, landscap- ing and repair work within any Residence, if the Owner fails to repair it; the repair and payment for all centrally metered utilities, water charges, and mechanical and electrical equip- ment in or on the Common Property; payment of all charges for all utilities which serve individual Units but which are subject to a common meter; payment of all Common Expenses and charges for water and utilities serving recreational amenities; the re- pair and maintenance of all walks, private driveways and other means of ingress and egress within the Property, and if deter- mined by ;;he Eoard to be economically feasible ; a monthly in- spection and preventative program for the prevention and eradi- cation of infestation by wood destroying and other pests and organisms in the Property. All such costs of maintenance, repairs and replacements for the Property shall be paid for as Common Expenses out of the Maintenance Funds as provided in this Declaration. All work performed for and on behalf of an Owner, whether or not such work is the responsibility of the Owner, shall be charged to the Owner as a Special Assessment, as provided in this Declaration. The Association shall also collect and ensure payment to the Master Association of the "Area A" maintenance costs described in Exhibit "D" hereto. It shall further be .the affirmative duty of the Board of Directors to require strict compliance with all provisions of this Dec- laration and to cause the Property to be inspected by the Architectural Committee for any violation thereof. Section 2 . 08. Unsegregated Real Property Taxes . To the extent not assessed to or paid by the Owners, the Association shall pay all real and personal property taxes and assessments levied upon any portion of the Property. In addition, if all of the Units in the Project are taxed under a blanket tax bill covering all of the Project each Owner shall pay his propor- tionate share of any installment due under the blanket tax bill to the Association at least ten ( 10) days prior to the delin- quency date . The Association shall transmit the taxes to the appropriate tax collection agency on or before the delinquency date. Blanket taxes for the Project shall be allocated equally among the Owners and their Condominiums, based upon the total number of Units in the Project. The Association shall, at least forty-five ( 45 ) days prior to the delinquency date of any blan- ket tax installment, deliver to each Owner a copy of the tax bill, along with a written notice setting forth the Owner' s obligation to pay ,his proportionate share of the tax installment and the potential additional charges to the Owner for failure to comply. The Association shall pay the taxes on behalf of any Owner who does not pay his proportionate share. The Asso- ciation shall levy a Special Assessment against any delinquent Owner in the amount of any sum advanced, plus interest at the rate of ten percent ( 10%) per annum and may, in addition, in- clude as part of the Special Assessment an amount necessary to reimburse the Association for any penalty or late charge actully assessed in connection with the blanket tax bill, which late charge results from the failure of the delinquent Owner( s) to -10- 1878S/JRS/0389S/15415 kjm/09-01-83 1,',9177PUCK. JACKSON. MARCO & PECKENPAUGH A LAW CORPORATION make timely payment of his proportionate share of the taxes. Until the Close of Escrow for the sale of ninety percent (90%) of the Condominiums in the Project the foregoing provisions re- lating to the collection of taxes in connection with a blanket tax bill on all or any portion of the Project may not be amended without the express written consent of Grantor. Section 2 . 09 . Repair and Maintenance by Owners . Each Owner shall maintain, repair, replace, paint, paper, plaster, tile, finish and restore or cause .to be so maintained, repaired, replaced and restored, at his sole expense, all portions of his Unit, including the windows, light fixtures actuated from switches controlled from, or separately metered to, such Owner' s Unit, and the interior surfaces of the walls, ceilings, floors, doors and permanent fixtures, in a clean, sanitary and attrac- tive condition, in accordance with the Condominium Plan and the original construction design of the Improvements in the Project. However, no bearing walls, ceilings, floors or other structural or utility bearing portions of the buildings housing the Units shall be pierced or otherwise altered or repaired, without the prior written approval of the plans for the alteration or repair by the Architectural Committee. It shall further be the duty of each Owner, at his sole expense, to keep free from debris and in a reasonably good state of repair subject to the approval of the Architectural Committee, the Restricted Common Areas over which an exclusive easement has been reserved for the benefit of such Owner. However, no Owner shall be responsible for the periodic structural repair, resurfacing, sealing, caulking, re- placement or painting of his assigned Restricted Common Areas, so long as the painting, repair or replacement is .not caused by the willful or negligent acts of the Owner or his Family or guests. It shall further be the duty of each Owner to pay when due all charges for any utility service which is separately metered to his Unit. Subject. to any required approval of the . Architectural Committee, each Owner shall be responsible for maintaining those portions of any heating and cooling equipment and other utilities which are located within or which exclu- sively serve his Unit. Section 2 . 10. Use of Agent. The Board of Directors, on behalf of the Association, may contract with a Manager for the perfurmance. of maintenance and repair and for conducting other activities on behalf of the Association, as may be determined by the Board. The term of such contract, or any contract with Grantor for the furnishing of .services to the Association, shall not exceed one ( 1 ) year, renewaule by agreement of the parties for successive one-year periods, and such contract shall be terminable by the Association, acting through the Board, at any time ( a) for cause upon thirty (30) days' written notice there- of, and (b) without cause or the payment of a termination fee upon ninety (90) days' written notice. ARTICLE III RIGHTS IN COMMON PROPERTY Section 3 . 01 . Association Easement. The Association shall have an easement over the Common Areas for purposes described in this Declaration. The Association' s obligations to maintain -11- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON, MARCO & PECKENPAUGH A LAW CORPORATION the Common Property shall commence on the date Annual Assess- ments commence on Condominiums in the Project. Until commence- ment of Annual Assessments on Condominiums in the Project, the Common Property shall be maintained by Grantor. Section 3 . 02 . Partition. Except as provided in this Declaration, there shall be no judicial partition of the Common Areas, or any part thereof, for the term of the Project, nor shall Grantor, any Owner or any other Person acquiring any interest in any Condominium in the Project seek any such judi- cial partition. Section 3 . 03 . , Members ' Easements of Use and Enjoyment of Common Property. Subject to the provisions of this Declara- tion, every Member of the Association shall have, for himself, his Family and guests, a non-exclusive easement of access, in- gress, egress, use and enjoyment of, in, to and over the Common Property, and such easement shall be appurtenant to and shall pass with title to every Condominium in the Project. Section 3 . 04. Extent of Members' Easements. The rights and easements of use and enjoyment of the Common Property created by this Declaration shall be subject to the Restric- tions, which include, without limitation, the following: ( a) The right of the Board to suspend the rights and easements of any Member, and the Persons deriving such rights and easements from any Member, for use and enjoyment of any recreation facilities located on the Common Property, for any period during which the pay- ment of any Annual, Special, Capital Improvement or Reconstruction Assessment against the Member and his Condominium remains delinquent, and, after Notice and Hearing as provided in the Bylaws, to suspend such rights and easements for the period set forth in the Bylaws for any violation of the Restrictions, it being understood that any suspension for either nonpayment of anv Assessment or breach of the Restrictions shall not constitute a waiver or discharge of the Member' s obligation to pay assessments as provided in this Dec- laration; (b) The right of the Association to consent to or otherwise cause the construction of additional Im- provements on the Common Property and to consent to or otherwise cause the alteration or removal of any existing Improvements on the Common Property for the benefit of the Members of the Association; i (c) The right of the Association, acting through the Board, to grant, consent to or join in the grant or conveyance of easements, licenses or rights-of-way in, on or over the Common Property for purposes not inconsistent with the intended use of .the Property as a residential Condominium project; (d) Subject to the provisions of this Declara- tion, the right of each Owner to the exclusive use and occupancy for the purposes designated in this Declara- tion of the Restricted Common Areas assigned to his respective Unit; -12- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. MARCO 6 PECKENPAUGH A LAW CORPORATION ( e) The rights and reservations of Grantor as set forth in this Declaration; ( f) The right of the Association, acting through the Board, to reasonably restrict access to roofs, maintenance and landscaped. areas and similar areas of the Property. (g) The right of the Association tc reasonably limit the number of guests and tenants of the Owners using the Common Property; and (h) The right of the Association, acting through the Board, to establish uniform Rules and Regulations for the use of the Common Property, as provided in this Declaration. Section 3 . 05 . Delegation of Use. Any Member entitled to the right and easement of use and enjoyment of the Common Prop- erty may delegate, in accordance with the Bylaws, his right to use and enjoyment of the Common Property to his tenants, con- tract purchasers or subtenants who reside in his Condominium, subject to reasonable regulation by the Board. An Owner who has made such a delegation of rights shall not be entitled to use or enjoyment of the recreational facilities or equipment of the Property for so long as such delegation remains in effect. Section 3 . 06. Waiver of Use . No Member may exempt him- self from personal liability for Assessments duly levied by the Association, or effect the release of his Condominium from the liens and charges thereof, by waiving the use and enjoyment of the Common Property or by abandoning his Condominium. Section 3 . 07 . Damage by Member. To the extent permitted by California law, each Member shall be liable to the Associa- tion for any damage to the Common Property not fully reimbursed to the Association by insurance if the damage is sustained because of the negligence, willful misconduct or unauthorized or improper installation or maintenance of any Improvement by the Member, his guests, tenants or invitees, or any other Per- sons deriving their right and easement of use and enjoyment of the Common Property from the Member, or his or their respective family and guests, both minor and adult. However, the Associa- tion, acting through the Board, reserves the right to determine whether any claim shall be made upon the insurance maintained by the Association, and the Association further reserves the right, after Notice and Hearing as provided in the Bylaws, to levy a Special Assessment equal to the increase, if any, in insurance premiums directly attributable to the damage caused by the Member or the Person for whom the Member may be liable as described above. In the case of joint ownership of a Condo- minium, the liability of the owners shall be joint and several, except to the extent that the Association shall have previously contracted in writing with the joint owners to the contrary. After Notice and Hearing as provided in the Bylaws, the cost of correcting the damage to the extent not reimbursed to the Asso- ciation by insurance shall be a Special Assessment against such Member' s Condominium, and may be enforced as provided herein. -13- 1878S/JRS/0389S/15415 kjm/09-01-83 McKITTRICK. JACKSON. MARCO h PECKENPAUGH A LAW CORPORATION ARTICLE IV ARCHITECTURAL REVIEW COMMITTEE Section 4. 01 . Members of Committee. The Architectural Review Committee, sometimes referred to in this Declaration as the "Architectural Committee" or the "Committee" , Shall consist of three ( 3 ) members . The initial members of the Committee shall consist of representatives of Grantor. Subject to the following provisions, Grantor shall have the right and power at all times to appoint or remove a majority of the members of the Architectural Committee or to fill any vacancy of such majority until either ( i ) Close of Escrow has occurred for the sale of ninety percent (90%) of the Condominiums then subject to this Declaration, or ( ii ) five (5 ) years following the date of ori- ginal issuance of the Final Subdivision Public Report for the Property, whichever occurs earlier. Commencing one ( 1) year from the issuance of the Final Subdivision Public Report for the Property, the Board shall have the power to appoint and remove one ( 1 ) member of the Architectural Committee. The Board shall have the power to appoint .and remove all of the members of the Architectural Committee; provided Grantor is not then entitled to appoint all or a portion of the members pursu- ant to this Section 4. 01. Committee members appointed by the Board shall be from the Membership of the Association, but Com- mittee members appointed by Grantor need not be Members of the Association. Board members may also serve as Committee members . Section 4. 02 . Review of Plans and Specifications. The Committee shall consider and act upon any and all plans and specifications submitted for its approval under this Declara- tion and perform such other duties as from time to time shall be assigned to it by the Board, including the inspection of construction in progress to assure its conformance with plans approved by the Committee. No construction, alteration, addi- tion, modification, decoration, redecoration or reconstruction of an Improvement in the Property shall be commenced or main- oained, until the plans and specifications therefor showing the nature, kind, shape, height, width, color, materials and loca- tion of the same shall have been submitted to and approved in writing by (a) the Committee, and (b) subject to Section 5 of the Covenant, attached hereto as Exhibit "D, " William Bone. The Owner submitting the plans ( "Applicant" ) shall obtain a written, dated receipt for the plans and specifications from an autho- rized agent of the Committee. Until changed by the Board, the address for the submission of such plans and specifications shall be c/o Grantor, 23480 Park Sorrento, Calabasas Park, California 91302 . The Committee shall approve proposals or plans and specifications submitted for its approval only if it deems that the construction, alterations, or additions contem- plated thereby in the locations indicated will not be detrimen- tal to the appearance of the surrounding area of the Property as a whole, that the appearance of any structure affected there- by will be in harmony with the surrounding structures, that the construction thereof will not detract from the beauty, whole- someness and attractiveness of the Common Property or the enjoy- ment thereof by the Members, and that the upkeep and maintenance thereof will not become a burden on the Association. The Com- mittee may condition its approval of proposals or plans and specifications for any Improvement ( 1) upon the Applicant' s -14- 1878S/JRS/0389S/15415 kjm/09-01-83 isKMRICK. JACKSON. MARCO & PECKENPAUGH A LAW CORPORATJOH furnishing the Association with security acceptable to the Asso- ciation against any mechanic ' s lien or other encumbrance which may be Recorded against the Property as a result of such work, (2 ) on such changes therein as it deems appropriate, (3 ) upon the Applicant' s agreement to grant appropriate easements to the Association for the maintenance of the Improvements, (4) upon the Applicant' s agreement to install ( at its sole cost) water, gas, electrical or other utility meters to measure any increased consumption, ( 5 ) upon the Applicant' s agreement to reimburse the Association for the cost of maintenance, or (6) upon the Appli- cant' s agreement to complete the proposed work within a stated period of time, or all of the above, and may require submission of additional plans and specifications or other information prior to approving or disapproving material submitted. The Committee may also issue rules or guidelines setting forth pro- cedures for the submission of plans for approval, requiring a fee to accompany each application for approval, or additional factors which it will take into .consideration in reviewing sub- missions . The Committee may provide that the amount of the fee shall be uniform, or that it be determined in any other reason- able manner, such as by the reasonable cost of the construction, alterations or additions contemplated. The Committee may re- quire such detail in plans and specifications submitted for its review as it deems proper, including without limitation, , floor plans, site plans, drainage plans, elevation drawings and description or samples of exterior material and colors . Until receipt by the Committee of any required plans and specifica- tions, the Committee may postpone review of any plan submitted 'for approval. Decisions of the Committee and the reasons for the decisions shall be transmitted by the Committee to the Applicant at the address set forth in the application for approval, within forty-five (45) days after receipt by the Com- mittee of all materials required by the Committee. Any applica- tion submitted pursuant to this Section 4. 02 shall be deemed approved, unless written disapproval or a request for additional information or materials by the Committee shall have been trans- mitted to the Applicant within forty-five (45 ) days after the date of receipt by the Committee of all required materials. Section 4. 03 . Meetings of the Committee . The Committee shall meet from time to time as necessary to perform its .duties hereunder. The Committee may from time to time by resolution unanimously adopted in writing designate a Committee Represen- tative (who may, but need not, be one of its members) to take any action or perform any duties for and on behalf of the Com- mittee, except the granting of variances pursuant to Section 4. 08. In the absence of such designation, the vote of a major- ity of the Committee or the written consent of a majority of the Committee taken without a meeting, shall constitute an act of the Committee. Section 4. 04. No Waiver of Future Approvals. The approval of the Committee of any proposals or plans and specifications or drawings for any work done or proposed or in connection with any other matter requiring the approval and consent of the Com- mittee, shall not be deemed to constitute a waiver of any right to withhold approval or consent to any similar proposals, plans and specifications, drawings or matter subsequently or addi- tionally submitted for approval or consent. -15- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKIT RICK. JACKSON. MARCO G PECKENPAUGH A LAW CORMRATION Section 4. 05 . Compensation of Members . The members of the Committee shall receive no compensation for services ren- dered, other than reimbursement for expenses incurred by them in the performance of their duties hereunder. Section 4. 06. Correction of Defects. Inspection of work and correction of defects therein shall proceed as follows : ( a) The Committee or its duly authorized repre- sentative may at any time inspect any Improvement for which approval of plans is required under this Article IV. However, the Committee ' s right of inspection of Improvements for which plans have been submitted and approved shall terminate sixty (60) days after the work of Improvement has been completed and the respective Owner has given written notice to the Committee of its completion. The Committee' s rights of inspection shall not terminate pursuant to this paragraph if plans for the work of Improvement have not previously been sub- mitted to and approved by the Committee. If, as a result. of such inspection, the Committee finds that the Improvement was done without obtaining approval of the plans therefor or was not done in substantial com- pliance with the plans approved by the Committee, it shall notify the Owner in writing of failure to comply with this Article IV within sixty (60) days from the inspection, specifying the particulars of noncompli- ance. The Committee shall have the authority to require the Owner to take such action as may be necessary to remedy the noncompliance. (b) If upon the expiration of sixty ( 60) days from the date of such notification, the Owner has failed to remedy the noncompliance, the Committee shall notify the Board in writing of such failure. Upon Notice and Hearing, as provided in the Bylaws, the Board shall determine whether there is a noncom- pliance and, if so, the nature thereof and the esti- mated cost of correcting or removing the same. If a noncompliance exists, the Owner shall remedy or remove the same within a period of not more than forty-five (45 ) days from the date that notice of the Board ruling is given to the Owner. If the Owner does not comply with the Board ruling within that period, the Board, at its option, may Record a Notice of Noncompliance and may peacefully remedy the noncompliance, and the Owner shall reimburse the Association, upon demand, for all expenses ( including reasonable attorneys ' fees ) incurred in connection therewith. If such expenses are not promptly repaid by the Owner to the Association, the Board shall levy a Special Assessment against the Owner for reimbursement as provided in this Declaration. The right of the Association to remove a noncomplying Improvement or otherwise remedy the noncompliance shall be in addition. to all other rights and remedies which the Association may have at law, in equity or in this Declaration. ( c) I£ for any reason the Committee fails to notify the Owner of any noncompliance with previously -16- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKMRICK. JACKSON. MARCO S PECKENPAUGH A LAW CORMRATION - submitted and approved plans within sixty (60) days after receipt of written notice of completion from the Owner, the Improvement shall be deemed to be in accord- ance with the approved plans. Section 4. 07 . Scope of Review. The Architectural Commit- tee shall review and approve or disapprove all plans submitted to it for any proposed Improvement, alteration or addition, on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and the Property generally. The Committee shall also ensure that architectural designs are reasonably compatible in appearance with those of the Residences in the Monterey Country Club. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscap- ing, color schemes, exterior finishes and materials and similar features. The Committee ' s approval or disapproval shall be based solely on the considerations set forth in this Article IV, and the Committee shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes . Section 4. 08 . Variances. The Committee may authorize variances from compliance with any of the architectural provi- sions of this Declaration, including restrictions upon height, size, floor area or placement of structures, or similar restric- tion,, when circumstances sack as topography, natural obstruc- tions, hardship, aesthetic or environmental consideration may require . Such variances must be evidenced in writing, must be signed by at least a majority of the members of the Committee, and shall become effective upon Recordation. If such variances are granted, no violation of the covenants, conditions and restrictions contained in this Declaration shall be deemed to have occurred with respect to the matter for which the variance was granted. The granting of such a variance shall not operate to waive any of the terms and provisions of this Declaration for any purpose except as to the particular property and par- ticular provision hereof covered by the variance, nor shall it affect in any way the Owner' s obligation to comply with all governmental laws and regulations affecting the use of his Residence . ARTICLE V MAINTENANCE FUNDS AND ASSESSMENTS Section 5 . 01 . Personal Obligation of Assessments . Grantor, for each Condominium owned by it, hereby covenants and agrees to pay, and each Owner, by acceptance of a deed' of a Condomin- ium whether or not it shall be so expressed in any such deed, is deemed to covenant and agree to pay to the Association all Annual Assessments for Common Expenses and all applicable Special Assessments, Reconstruction Assessments and Capital Improvement Assessments . Except as provided in this Section 5 . 01, all such assessments, together with interest, costs, and reasonable attorneys ' fees, shall be a separate, distinct and -17- 1878S/JRS/0389S/15415 kjm/09-06-83 MCKITTRICK. JACKSON. Oz MARCO h PECKENPAUON A LAW CORPORATION personal obligation of the Person who was the Owner of the Con- dominium at the time when the assessment fell due. This per- sonal obligation cannot be avoided by abandonment of the Condo- minium or by an offer to waive use of the Common Property or the Restricted Common Areas . The initial purchaser of each Condominium from Grantor may also pay through escrow for the purchase of such Condominium a contribution to the working capital of the Association. Such contribution shall not be deemed a prepayment of Annual Assessments and shall be non- refundable. The personal obligation for delinquent assessments shall not pass to any new Owner ( "Purchaser" ) unless expressly assumed by the Purchaser. Any Purchaser shall be entitled to a state- ment from the Board of Directors or the Manager, as the case may be, setting forth the amount of the unpaid assessments against the previous Owner ( "Seller" ) due the Association. The Condo- minium conveyed shall not be liable for any unpaid assessments levied by the Board of Directors against the Seller in excess of the amount set forth in such statement. The Purchaser, how- ever, shall be liable for any such assessment becoming due after the date of any such statement. Notwithstanding the foregoing, any first Mortgagee or other purchaser for value who obtains title to a Condominium pursuant to the remedies provided in the first Mortgage or foreclosure of the first Mortgage, shall not be liable for unpaid assessments or charges against the mort- gaged Condominium which accrue prior to the time such Mortgagee or purchaser acquires title to that Condominium. However, no such first Mortgagee or Purchaser shall be relieved of any lia- bility for assessments with respect to such Condominium coming due after such Mortgagee or Purchaser obtains title to such Condominium. Section 5 . 02 . Maintenance Funds of Association. The Board of Directors shall establish no fewer than two (2 ) separate accounts ( the "Maintenance Funds" ) , into which shall be depos- ited all monies paid to the Association, and from which dis- bursements shall be made, as provided herein, in the perform- ance of . functions by the Association under this Declaration. The Maintenance Funds may be established as trust accounts at a banking or savings institution. The Maintenance Funds shall include: ( 1 ) an Operating Fund for current Common Expenses of the Association, (2 ) a Reserve Fund for capital improvements, replacements, painting and repairs of the Common Property (which cannot normally be expected to occur on an annual or more fre- quent basis ) , and ( 3 ) any other funds which the Board of Direc- tors may establish to the extent necessary under the provisions of this Declaration. To qualify for higher returns on accounts held at banking or savings institutions the Board of Directors may commingle any amounts deposited into any of the Maintenance Funds with one another, provided that the integrity of each in- dividual Maintenance Fund shall be preserved on the books of the Association by accounting for disbursements from, and deposits to, each Maintenance Fund separately. Nothing contained herein shall limit, preclude or impair the establishment of additional Maintenance Fun-is by the Association, so long as the amounts assessed to, deposited into, and disbursed from any such Fund are earmarked for specified purposes authorized by this Decla- ration. -18- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. OK MARCO 6 PECKENPAUGN A LAW CORPORATION Section 5 . 03 . Purpose of Assessments . The assessments levied by the Board of Directors on behalf of the Association shall 'be used exclusively to promote the recreation, health, safety and welfare of the residents of the Condominiums and for the operation, replacement, improvement and maintenance of the Property and to discharge any other obligations of the Associa- tion under this Declaration. All amounts deposited into the Maintenance Funds must be used solely for the common benefit of all of the Owners for purposes authorized by this Declaration. Disbursements from the Operating Fund shall be made by the Board of Directors for such purposes as may be necessary for the dis- charge of its responsibilities herein for the common benefit of all of the Owners, other than those purposes for which dis- bursements from the Reserve Fund are to be used. Disbursements from the Reserve Fund shall be made by the Board of Directors only for the respective purposes specified in this Article V. Nothing in this Declaration shall be construed in such 4 way as to prohibit the Association from using any assessments to abate any annoyance or nuisance emanating from outside the boundaries of the Property. Annual Assessments shall be used to satisfy Common Expenses of the Association, as provided herein and in the Bylaws . Section 5 . 04. ' Limitations on Annual Assessment Increases. Subject to Section 5 . 04(d) below, the Board shall not levy, for any Fiscal Year, an Annual Assessment which exceeds the "Maxi- mum Authorized Annual Assessment" as determined pursuant to Sections 5 . 04( a) and 5 . 04(b) below, unless first approved by the vote of Members representing at least a majority of the voting power of the Association. ( a) Maximum Authorized Annual Assessment for Initial Year of Operations . Until the first day of the Fiscal Year immediately following the Fiscal Year in which Annual Assessments commence, the Maximum Authorized Annual Assessment per Condominium shall equal one hundred ten percent ( 110%) of the amount of Annual Assessments disclosed in the most current Budget filed with and approved by DRE at the time Annual Assessments commence. (b) Yearly Increases in Maximum Authorized Annual Assessment . Starting with the first Fiscal Year immediately following the Fiscal Year in which Annual Assessments commence, the Maximum Authorized Annual Assessment shall be increased each Fiscal Year above the Maximum Authorized Annual Assessment for the previous Fiscal Year, by an amount equal to the per- centage increase in the U. S. Bureau of Labor Statis- tics, Los Angeles-Long Beach-Anaheim Area, Consumer Price Index for All Urban Consumers ( "CPI" ) as of the first day of each Fiscal Year, over the level of the CPI as of the first day of the immediately preceding Fiscal Year. Increases in the Maximum Authorized Annual Assessment pursuant to this subsection '5 . 04(b) shall be cumulative from year to year. (c) Supplemental Annual Assessments. If the Board, by majority vote, determines that the important and essential functions of the Association may be -19- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKIT RICK, JACKSON. MARCO & PECKENPAUGH A LAW CORPoAATWN properly funded by an Annual Assessment in an amount less than the Maximum Authorized Annual Assessment, it may - levy such lesser Annual Assessment. Subject to Section 5 . 04(d) below, the levy of an Annual Assess- ment less than the Maximum Authorized Annual Assess- ment in one Fiscal Year shall not affect the Board' s right to levy an Annual Assessment in the amount of the Maximum Authorized Annual Assessment in subsequent Fiscal Years . If the Board determines that the esti- mate of total charges for the current year is or will become inadequate to meet all expenses for the Property for any reason, it shall immediately determine the approximate amount of the inadequacy. Subject to the then Maximum Authorized Annual Assessment and the pro- visions of Section 5 . 04(d) below, the Board shall have the authority to levy, at any time by a majority vote, a supplemental Annual Assessment reflecting a revision of the total charges to be assessed against each Con- dominium. (d) Limitations on Yearly Annual Assessment Increases . Notwithstanding the amount of the then Maximum Authorized Annual Assessment, the Board shall not levy an Annual Assessment in any single Fiscal Year ( including all supplemental Annual Assessments authorized pursuant to Section 5 . 04(c) above) which is greater than one hundred twenty percent ( 120%) of the Annual Assessment actually levied in the immediately preceding Fiscal Year, except with .the vote of Members representing at least a majority of the total voting power of the Association. Section 5 . 05 . Commencement and Collection of Annual Assess- ments . The Board of Directors shall authorize and levy the amount of the Annual Assessment upon each Condominium, as pro- vided herein, by majority vote of the Board. The initial Annual Assessment shall begin on all Condominiums in the Project ( in- cluding unsold Condominiums therein owned by Grantor) on the first day of the calendar month following the first Close of Escrow for the sale of a Condominium in the Project. All Annual Assessments shall be assessed equally against the Members and their Condominiums based upon the number of Condominiums owned by each Member, except for that portion of the Annual Assess- ments attributable to those items of Common Expenses listed on the attached Exhibit "C" which shall be assessed against the Members and their Condominiums in the same proportions .as the relative interior square foot floor areas of the Units (as shown on the Condominium Plan) . Annual Assessments for fractions of any month involved shall be prorated. Grantor shall pay its full pro rata share of the Annual Assessments on all unsold Condominiums for which Annual Assessments have commenced. The Board shall fix the amount of the Annual Assessment against each Condominium at least thirty ( 30) days in advance of each Annual Assessment period. From time to time the Board may determine that all excess funds in the Operating Fund be retained by the Association and used to reduce the following year' s Annual Assessment. Upon dissolution of the Association incident to the abandonment or termination of the Property, any amounts remaining in any of the Maintenance Funds shall be distributed proportionately to or for the benefit of the Members . -20- 1878S/JRS/0389S/15415 kjm/09-01-83 MCK=RICK. JACKSON. IE MARCO & PECKENPAUGH A LAW CORPORATION Each Member shall pay to the Association his Annual Assess- ment in installments at such frequency and in such amounts as established by the Board. Each Annual Assessment may be paid by the Member to the Association in one check or in separate checks as payments attributable to the deposits under the Oper- ating Fund and the Reserve Fund. If any installment of an Annual Assessment payment is less than the amount assessed and the payment does not specify the Maintenance Fund or Funds into which it should be deposited, the receipt by the Association from that Owner shall be credited in order of priority first to the Operating Fund, until that portion of the Annual Assessment has been satisfied, and second to the Reserve Fund. Provided that at least the reserve portion of the Budget is assessed against all completed Condominiums subject to this Declaration, Grantor may enter into a written maintenance agreement with the Association under which Grantor shall pay all or any portion of the operating Common Expenses for a rea- sonable period of time . Such maintenance agreement may require Owners to reimburse Grantor for a portion of the Costs expended in satisfaction of Common Expenses . Section 5 . 06. Association Budgets . The Board of Directors shall cause to be prepared an annual report containing ( i ) a balance sheet and income statement reflecting income and ex- penditures of the Association for each Fiscal Year, including deposits in and withdrawals from the Reserve Fund and the Oper- ating Fund; ( ii ) a statement of the place where the names and addresses of the current Members of the Association may be found; ( iii ) a statement of changes of financial position of the Association; and (iv) any information required to be reported under Section 8322 of the California Corporations Code . Within ' ninety (90) days after the close of the Fiscal Year, the Board shall cause to be distributed a copy of each such annual report to each Member, and to each first Mortgagee who has filed a written request therefor with the Board of Directors . The annual report shall be prepared by an independent accountant for any Fiscal Year in which the gross income of the Association exceeds seventy-five thousand dollars ( $75, 000) . If the annual report is not prepared by an independent accountant, it shall be accompanied by the . certificate of an authorized officer of the Association, stating that the annual report was prepared without audit from the books and records of the Association. Beneficiaries of fifty-one percent ( 51%) or more of the first Mortgages of Condominiums in the Project shall be entitled to an annual report including audited financial statements prepared by an independent certified public accountant provided that all expenses of preparation of such audited financial statements shall be borne by such Beneficiaries if such audited financial statements would not otherwise have been prepared by the Asso- ciation. At least sixty ( 60) days prior to the beginning of each Fiscal Year, the Board of Directors shall prepare and distribute to the Membership of the Association, a Budget of the income and expenses of the Association during such Fiscal Year in per- forming its functions under this Declaration, including an itemization of the needs of each Maintenance Fund determined after accounting for any surplus remaining from the prior Fiscal -21- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKIT RICK. JACKSON. - . MARCO S PECKENPAUGH A LAW CORI RATJOH Year' s Maintenance Funds . Each Budget shall include a reason- able provision for deposits into the Reserve Fund based upon the Board' s annual review of the Capital Improvements, painting, repairs and replacements of the Common Property required less frequently than annually and the Board' s annual determination of an adequate deposit for contingent expenses. Each Annual Assessment shall constitute an aggregate of separate assessments for each of the Maintenance Funds, reflecting an itemization of the amounts assessed and attributable to prospective credits to the Reserve Fund and the Operating Fund. Section 5 . 07 . Capital Improvement Assessments . Should the Board of Directors determine the need for a Capital Improvement or other such addition to the Property, the cost of which in the aggregate exceeds five percent (5%) of the Budgeted gross expenses of the Association for the then current Fiscal Year, then the vote or written consent of Members representing at least a majority of the voting power of the Association, shall be required to approve and render effective a Capital Improve- ment Assessment levied by the Board of Directors to cover the cost of such expenditure. Capital Improvement Assessments may be levied by the Board without the consent of the Members, if the aggregate of such expenditures in each Fiscal Year does not exceed five percent (5%) of the Budgeted gross expenses of the Association for such Fiscal Year. . Section 5 . 08. Delinquency and Acceleration. Any install- ment of an assessment provided for in this Declaration shall become delinquent if not paid on the due date as established by the Board of Directors of the Association. The Board shall be authorized to adopt a system pursuant to which any installment of Annual Assessments, Capital Improvement Assessments, Special Assessments, or Reconstruction Assessments not paid within thirty (30) days after the due date shall bear interest at the rate of up to twenty percent (20%) per annum, but in no event more than the maximum rate permitted by law. If such a system is adopted, the Board of Directors may require the delinquent owner to pay a late charge in addition to interest on such delinquent sums as described above, calculated from the date of delinquency to and including the date full payment is received by the Association, to compensate the Association for increased bookkeeping, billing and other administrative costs . No such . late charge shall exceed the maximum amount allowable by law. If any installment of any assessment is not paid within thirty (30) days after its due date, the Board may mail a notice to the Owner and to each first Mortgagee of a Condominium which has requested a copy of the notice. Such notice shall specify ( 1 ) the fact that the installment is delinquent; (2 ) the action required to cure the default; (3 ) a date, not less than thirty (30) days from the date the notice is mailed to the Owner, by which such default must be cured; and (4) that failure to cure the default on or before the date specified in the notice may result in acceleration of the balance of the installments of such assessment for the then current Fiscal Year and sale of the Condominium. The notice shall further inform the Owner of his right to cure after acceleration. If the delinquent in- stallments of such Assessment and any charges thereon are not paid in full on or before the date specified in the notice., the Board at its option may declare all of the unpaid balance of such assessment for the then current Fiscal Year, attributable -22- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKIT RICK. JACKSON. MARCO h PECKENPAUGM - A LAW COAPONATION to . that Owner and his Condominium, to be immediately due and payable without further demand and may enforce the collection of the full assessment for such Fiscal Year and all charges thereon in any manner authorized by law and this Declaration. Section 5 . 09 . Creation and Release of Lien. All sums other than Special Assessments assessed in accordance with the provisions of this Declaration shall constitute a lien on the respective Condominium prior and superior to all other liens, except ( 1 ) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, and (2 ) subject to the pro- visions of Section 5 . 01 and Article XII of the Declaration, the lien 3r charge of any first Mortgage of recor3 (meaning any Recorded Mortgage or Deed of Trust with first priority or seniority over other Mortgages or Deeds of Trust) made in good faith and for value and Recorded prior to the date on which the lien became effective. Notwithstanding the foregoing, any assessment lien provided for hereunder shall be prior and superior to any declaration of homestead Recorded after the Recordation of this Declaration. The lien shall become effec- tive upon Recordation by the Board or its authorized agent of a Notice of Assessment ( "Notice of Lien" ) securing the payment of any Annual, Capital Improvement or Reconstruction Assessment or installment thereof, levied by the Association against any Con- dominium Owner as provided in Section 1356 of the California Civil Code . The Notice of Lien shall state ( i ) the amount of the assessment or installment, as the case may be, and other authorized charges and interest, including the cost of preparing and Recording the Notice of Lien, (ii ) the expenses of collec- tion in connection with any delinquent installments, including without limitation reasonable attorneys' fees, ( iii ) a suffi- cient description of the Condominium against which the same has been assessed, ( iv) the name and address of the Association, and (v) the name of the Owner thereof. The Notice of Lien shall be signed by an authorized representative of the Associa- tion. The lien shall relate only to the individual Condominium against which the assessment was levied and not to the Property as a whole . Upon payment to the Association of the full amount claimed in the Notice of Lien, or other satisfaction thereof, the Board of Directors shall cause to be Recorded a Notice of Satisfaction and Release of Lien ( "Notice of Release" ) stating the satisfaction and release of the amount claimed. The Board of Directors may demand and receive from the applicable Owner a reasonable charge for the preparation and Recordation of the Notice of Release before Recording it. Any purchaser or encum- brancer who has acted in good faith and extended value may rely upon the Notice of Release as conclusive evidence of the full satisfaction of the sums stated in the Notice of Lien. Section 5 . 10. Enforcement of Liens. It shall be the duty of the Board of Directors to enforce the collection of any amounts due under this Declaration by one or more of the alter- native means of relief afforded by this Declaration. The lien on a Condominium may be enforced by sale of the Condominium by the Association, its attorney or other persons authorized to make the sale, after failure of the Owner to pay any Annual, Capital Improvement or Reconstruction Assessment, or install- ment thereof, as provided herein. The sale shall be conducted in accordance with the provisions of the California Civil Code, applicable to the exercise of powers of sale in mortgages and -23- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITfRICK. JACKSON. MARCO & PECKENPAUGH A LAW CORPORATION deeds of trust, or in any manner permitted by law. An action may be brought to foreclose the lien of the Association by the Board, or by any Owner if the Board fails or refuses to act, after the expiration of at least thirty (30) days from the date on which the Notice of Lien was Recorded; provided that at least ten ( 10) days have expired since a copy of the Notice of Lien was mailed to the Owner affected thereby, and subject to the provisions of Section 5 . 08 if the Board accelerates the due date of any assessment installments. The Association, through its agents, shall have the power to bid on the Condominium at foreclosure sale, and to acquire and hold, lease, ' mortgage and convey the same . Upon completion of the foreclosure sale, an action may be brought by the Association or the purchaser at the sale in order to secure occupancy of the defaulting Owner' s Unit, and the defaulting Owner shall be required to pay the reasonable rental value for such Unit during any period of con- tinued occupancy by the defaulting Owner or any persons claiming under the defaulting Owner. Suit to recover a money judgment for unpaid assessments shall be maintainable without foreclosing or waiving any lien securing the same, but this provision or any institution of suit to recover a money judgment shall not constitute an affirmation of the adequacy of money damages. Any recovery resulting from a suit in law or equity initiated pursuant ,to. this Section may include reasonable attorneys ' fees as fixed by the court. ARTICLE VI PROJECT EASEMENTS AND RIGHTS OF ENTRY Section 6 . 01 . Easements. ( a) Access. Grantor expressly reserves for the benefit of the Owners reciprocal, nonexclusive ease- ments for access, ingress and egress over all of the Common ,Property, including any private streets or driveways currently existing in the Property or sub- sequently added to it, which easements may be conveyed by Grantor to Owners and to the Association for so long as Grantor owns any interest in the Property. Subject to the provisions of this Declaration governing use and enjoyment thereof, the easements may be used by Grantor, its successors, purchasers and all Owners, their guests, tenants and invitees, residing on or temporarily visiting the Property, for walkways, vehicular access and such other purposes reasonably necessary for use and enjoyment of a Condominium in the Project. (b) Maintenance and Repair. Grantor expressly reserves for the benefit of the Board of Directors and all agents, officers and employees of the Association, nonexclusive easements over the Common Areas ( includ- ing the Restricted Common Areas) as necessary to main- tain and repair the Common Areas, and to perform all other tasks in accordance with the provisions of this Declaration. Such easements over the Common Areas shall be appurtenant to and binding upon, and shall pass with the title- to, every Condominium conveyed. -24- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK, JACKSON. MARCO & PECKENPAUGH A LAW CORWRATION (c ) Restricted Common Areas . Grantor expressly reserves for the benefit of certain Owners exclusive easements over the Project for use of the Restricted Common Areas, for patio purposes as shown and assigned on the Condominium Plan. (d) Utility Easements. Grantor expressly reserves for the benefit of the Association the right of Grantor to grant additional easements and rights-of- way over the Property to utility companies and public agencies, as necessary, for the proper development and disposal of the Property. Such right of Grantor shall expire upon Close of Escrow for the sale of all Condo- miniums in the Project or upon expiration of five (5) years from the date of original issuance by the DRE of the Final Subdivision Public Report for the Project, whichever comes first. (e) Encroachments . Grantor, the Association and Owners of contiguous Residences shall have a reciprocal easement appurtenant to each of the Residences over the Residences and the Common Property for the purpose of ( 1 ) accommodating any existing encroachment of any wall of any Improvement, and (2 ) maintaining the same and accommodating authorized construction, reconstruc- tion, repair, shifting, movement or natural settling of the Improvements or any other portion of the Project housing their respective Units. Easements and recip- rocal negative easements for utility services and repairs, replacement and maintenance of the same over all of the Common Property are specifically reserved for the benefit of the Owners. The foregoing easements shall not unreasonably interfere with each Owner' s use and enjoyment of adjoining Residences. No portion of the Common Property, including without limitation parking spaces and other amenities contemplated as a ' part of the Property, are proposed to be leased by Grantor to the Owners or to the Association. Section 6 . 02 . Rights of Entry. The Board of Directors shall have a limited right of entry in and upon the Common Areas and the interior of all Units 'for the purpose of inspecting the Project, and taking whatever corrective action may be deemed necessary or proper by the Board of Directors, consistent with the provisions of this Declaration. However, nothing herein shall be construed to impose any obligation upon the Association to maintain or repair any property or Improvements required to be maintained or repaired by the Owners. Nothing in this Arti- cle VI shall in any manner limit the right of the Owner to ex- c.lusive occupancy and control over .the interior of his Unit. However, an Owner shall permit a right of entry to the Board of Directors or any other person authorized by the Board of Direc- tors, as reasonably necessary, such as in case of any emergency originating in or threatening his Unit, whether the Owner is present or not. Furthermore, an Owner shall permit other Owners, or their representatives, to enter his Residence for the purpose of performing required installations, alterations or repairs to the mechanical or electrical services to a Resi- dence, provided that such requests for entry are made in advance and entry is made at a time reasonably convenient to the Owner -25- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. OE MARCO h PECKENPAUGH A LAW CORPORATION whose Unit is to be entered; and provided further that the entered Unit is left in substantially the same condition as existed immediately preceding such entry. In case of an emer- gency, such right of entry shall be immediate . Upon receipt of reasonable notice from the Association (which shall in no event be less than seven ( 7 ) days) each Owner shall vacate his Unit in order to accommodate efforts by the Association to eradicate the infestation. of wood destroying or other pests and organisms from the Common Property or to perform any other maintenance or repairs pursuant to the Declaration. The Board shall have the right of entry to the Units and the right to remove Owners from their Units, as necessary, to accomplish its duties as provided herein. The cost of eradicating any such infestation or of per- forming any such maintenance or repairs shall be a Common Expense of the Association; however, each Owner shall bear his own costs of temporary relocation. ARTICLE VII GRANTOR' S RIGHTS AND RESERVATIONS Nothing in the Restrictions shall limit, and no Owner or the Association shall do anything to interfere with, the right of Grantor to subdivide or resubdivide any portion of the Prop- erty, or to complete Improvements to and on the Common Property or any portion of the Property owned solely or partially by Grantor, or to alter the foregoing or its construction plans and designs, or to construct such additional Improvements as Grantor deems advisable in the course of development of the Property so long as any Condominium in the Project remains un- sold. The rights of Grantor hereunder shall include, but shall not be limited to, the right to install and maintain such struc- tures, displays, signs, billboards, flags and sales offices as may be reasonably necessary for the conduct of its business of completing the work and disposing of the Condominiums by sale, resale, lease or otherwise. Each Owner by accepting a deed to a Condominium hereby acknowledges that the activities of Grantor may temporarily or permanently impair the view of such Owner and may constitute an inconvenience or nuisance to the Owners, and hereby consents to such impairment, inconvenience or nuisance. This Declaration shall not limit the right of Grantor at any time prior to acquisition of title to a Condominium in the Project by a purchaser from Grantor to establish on that Condo- minium additional licenses, easements, reservations and rights- of-way to itself, to utility companies, or to others as may from time to time be reasonably necessary to the proper development and disposal of the Property. Grantor may use any Condominiums owned by Grantor in the Project as model home complexes or real estate sales or leasing offices. Grantor need not seek or obtain Architectural Committee approval of any Improvement con- structed or placed by Grantor on any portion of the Property by Grantor. The rights of Grantor hereunder and elsewhere in these Restrictions may be assigned by Grantor to any successor in interest to any portion of Grantor' s interest in any portion of the Property by a Recorded written assignment. Notwithstanding any other provision of this Declaration, the prior written approval of Grantor, as developer of the Property, will be re- quired before any amendment to this Article shall be effective . Each Owner hereby grants, upon acceptance of his deed to his -26- 1878S/JRS/0389S/15415 kjm/09-01-83 McKITTRICK. JACKSON. - •[ MARCO & PECKENPAUGH A LAW CCRPoRATION Unit, an irrevocable, special power of attorney to Grantor to execute and Record all documents and maps necessary to allow Grantor to exercise its rights under this Article. Grantor shall be entitled to the nonexclusive use of the Common Property and any recreational facilities thereon, without further cost for access, ingress, egress, use or enjoyment,. in order to show the Property to its prospective purchasers and dispose of the Property as provided herein. Grantor, its successors and ten- ants, shall also be entitled to the nonexclusive use of any portions of the Property which comprise private streets, drives and walkways for the purpose of ingress, egress and accommodat- ing vehicular and pedestrian traffic to and from the Property. The use of the Common Property by Grantor shall not unreasonably interfere with the use thereof by other Owners. ARTICLE VIII RESIDENCE AND USE RESTRICTIONS All of the Property shall be held, used and enjoyed subject to the following limitations and restrictions, subject to the exemptions of Grantor set forth in this Declaration. Section 6 . 01 . Single Family Residences. Residential Ele- ments of the Units shall be used exclusively for single Family residential purposes, subject to the exemption granted Grantor under Article VII of this Declaration. An Owner may rent his Unit to a single family provided that the Unit is rented for a term greater than thirty (30) days, subject to all of the pro- visions of the Declaration. Section 8 . 02 . Parking and Vehicular Restrictions . No Owner shall park, store or keep anywhere on the Property any large commercial-type vehicle ( including, but not limited to, any dump truck, cement mixer truck, oil or gas truck or delivery truck). No Owner shall park, store or keep any recreational vehicle ( including, but not limited to, any camper unit, house car or motor home) bus, trailer, trailer coach, camp trailer, boat, aircraft, mobile home, inoperable vehicle or any other similar vehicle anywhere on the Property. In addition, no Owner shall park, store or keep anywhere on the Property any vehicle or vehicular equipment, mobile or otherwise, deemed to be a nuisance by the Board. Only passenger motor vehicles may be parked in garages . There shall be no parking in the drive- ways, if to do so obstructs free traffic flow, constitutes a nuisance, violates the Rules and Regulations, or otherwise creates a safety hazard. Restoring or repairing of vehicles shall not be permitted anywhere on the Property. The Associa- tion, through the Board and its agents, is hereby empowered to establish "parking" , "guest parking" and "no parking" areas within the Property. Any parking spaces which may constitute a part of the Common Property shall be subject to reasonable con- trol and use limitation by the Board of 'Directors. The Board shall determine, in its discretion, whether there is non- compliance with the parking and vehicular restrictions herein. Without in any way limiting the obligations of the Owners as elsewhere herein described, the Association, or agency repre- senting the Association, shall have the right, and shall be obligated, to enforce all parking restrictions herein set forth -27- 1878S/JRS/0389S/15415 kjm/09-01-83 MCK[T RICK. JACKSON. E MARCO & PECKENPAUGH A "W CORPORAnoR and to remove any vehicles in violation thereof in accordance with the provisions of Section 22658 of the California Vehicle Code, or other applicable laws, codes, and statutes. If, for any reason, the Association fails to enforce the parking restrictions, the City or County, as applicable, in which the Property is located shall have the right, but not the duty, to enforce such parking restrictions in accordance with the Cali- fornia Vehicle Code and all other applicable laws, codes, statutes and local ordinances . Section 8 . 03 . Nuisances . No noxious or offensive activi- ties ( including but not limited to the repair of motor vehicles) shall be carried on upon the Property. No horns, whistles, bells or other sound devices, except security devices used exclusively to protect the security of a Residence and its con- tents, shall be placed or used in any such Residence . No loud noises, noxious odors, noisy or smoky vehicles, large power equipment or large power tools, unlicensed off-road motor vehi- cles or items which may unreasonably interfere with television or radio reception of any Owner in the Project, shall be located, used or placed on any portion of the Property, or exposed to the view of other Owners without the prior written approval of the Architectural Committee. The Board of Directors of the Association shall have the right to determine if any noise, odor, or activity producing such noise or odor consti- tutes a nuisance . No Owner shall permit or cause anything to be done or kept upon the 'Property which may increase the rate of insurance thereon, or result in the cancellation of such in- surance, or which will obstruct or interfere with the rights of other Owners, nor will he commit or permit any nuisance thereon. Each Owner shall comply with all of the requirements of the local or state health authorities and with all other govern- mental authorities with respect to the occupancy and use of a Residence. Each Owner shall be accountable to the Association and other Owners for the conduct and behavior of children re- siding in or visiting his Unit and other family members or per- sons residing in or visiting his Unit. Any damage to the Common Property, personal property of the Association, or property of another Owner, . caused by such children or other family members, shall be repaired at the sole expense of the Owner of the Unit where such 'children or other family members cr persons are residing or visiting. Section 8 . 04. Signs. No sign, poster, display or other advertising device of any character shall be erected or main- tained anywhere on the Property, or shown or displayed from any Residence, without the prior written consent of the Architec- tural Committee, provided, however, that the restrictions of this Section shall not apply to any sign or notice of customary and reasonable dimension which states that the Residence is for rent or sale . Such sign or notice may be placed within a Unit but not upon any portion of the Common Property. The Board of Directors may erect within the Common Property a master direc- tory of Units which are for sale or for lease . Address identi- fication signs and mail boxes shall be maintained by the Asso- ciation. This Section shall not apply to any signs used by Grantor or its agents in connection with the sale and any con- struction or alteration of the .Condominiums as set forth in Article VII . Notwithstanding the foregoing, nothing contained in this Section shall be construed in such manner as to permit -28- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. MARCO & PECKENPAUGN A LAW CORPORATION the maintenance of any sign which is not in conformance with any ordinance of the City or County in which the Property is located. Section 8 . 05 . Antennae . No radio station or shortwave operators of any kind shall operate from any Unit or any other portion of the Property unless approved by the Architectural Committee. With the exception of any master antenna maintained by the Association, no exterior radio antenna, "C.B. " antenna, television antenna, or other antenna of any type shall be erected or maintained anywhere in the Property. Section 8 . 06. Inside and Outside Installations. No outside installation of any type, including but not limited to clothes- lines, shall be constructed., erected or maintained on any Resi- dence., excepting antennae installed by Grantor as a part of the initial construction of the Property and except as may be in- stalled by, or with the prior consent of the Architectural Com- mittee. No balcony or patio covers, wiring, or installation of air conditioning, water softeners, or other machines shall be installed on the exterior of the buildings of the Project or be allowed to protrude through the walls or roofs of the buildings (with the exception of those items installed during the original construction of the Project) , unless the prior written approval of the Architectural Committee is secured. Outdoor patio or lounge furniture, plants and barbecue equipment may be main- tained pursuant to rules and procedures of the Architectural Committee . The type and color of all exposed window coverings shall be subject to the prior written approval of the Architec- tural Committee . Notwithstanding the specificity of the fore- going, no exterior addition, change or alteration to any Resi- dence shall be commenced without the prior written approval of the Architectural Committee. Nothing shall be done in any Unit or in, on or to the Common Property which will or may tend to impair the structural integrity of any building in the Property or which would structurally alter any such building except as otherwise expressly provided herein. There shall be no altera- tion, repair or replacement of wall coverings within Units which may diminish the effectiveness of the sound control engi- neering within the buildings in the Project. No interior wall in any of the buildings of the Project shall be pierced or otherwise altered in any way, without the prior approval of the Architectural Committee and a structural engineering analysis. No Owner shall cause or permit any mechanic ' s lien to be filed against any portion of the Project for labor or materials alleged to have been furnished or delivered to the Project or any Condominium Unit for such Owner, and any Owner who does so shall immediately cause the lien to be discharged within five ( 5 ) days after notice to the Owner from the Board. If any Owner fails to remove such mechanic ' s lien, the Board may, after Notice and Hearing, discharge the lien and charge the Owner a Special Assessment for such cost of discharge. Section 8 . 07 . Animal Regulations . No animals, livestock, reptiles, insects, poultry or other animals of any kind shall be kept in any Residence except that usual and ordinary domestic dogs, cats, fish, and birds inside bird cages may be kept as household pets within any Residence provided that they are not kept, bred or raised therein for commercial purposes or in unreasonable quantities or sizes. As used in the Declaration, -29- 1878S/JRS/0389S/15415 kjm/09-01-83 ACK[T RICK. JACKSON. )IANCC & PECKENPAUGH A LAW COR"HATION i Ilunreasonable quantities" shall ordinarily mean more than two (2 ) pets per residence; provided, however, that the Board may determ_.ne that a reasonable namL=r in any instance may be more or less . The Board shall have the right to limit the size of pets and may prohibit maintenance of any animal which consti- tutes, in the opinion of the Board of Directors, a nuisance to any other Owner. Animals belonging to Owners, occupants or their licensees, tenants or invitees within the Property must be either kept within an enclosure, an enclosed patio or balcony or on a leash being held by a person capable of controlling the animal . Furthermore, any Owner shall be absolutely liable to each and all remaining Owners, their families, guests and in- vitees, for any unreasonable noise or damage to person or prop- erty caused by any animals brought or kept upon the Property by an Owner or by members of his family, his tenants or his guests; and it' shall be the absolute duty and responsibility of each such Owner to clean up after such animals which have deposited droppings or otherwise used any portion of the Common Property. Section 8 . 08. View Obstructions. No vegetation or other obstruction shall be planted or maintained upon any patio or balcony in such location or of such height as to unreasonably obstruct the view from any other Residence in the vicinity thereof. If there is a dispute between Owners concerning the obstruction of a view from a Residence, the dispute shall be submitted to the Architectural Committee, whose decision in such matters shall be binding.. Any such obstruction shall, upon request of the Architectural Committee, be removed or otherwise altered to the satisfaction of the Board of Directors, by the Owner of the Residence upon which the obstruction is located. Any item or vegetation maintained upon any patio or balcony, which item or vegetation is exposed to the view of any Owner, shall be removed or otherwise altered to the satisfaction of the Architectural Committee, if such Committee determines that the maintenance of such item or vegetation in its then existing state is contrary to the purposes or provisions of this Decla- ration. The Architectural Committee shall ensure that the vegetation on the Common Property maintained by the Association is cut frequently, so that the view of any Owner is not unrea- sonably obstructed. Section 8. 09 . Business or Commercial Activity. No business or commercial activity shall be maintained or conducted on the Property, except that Grantor may maintain sales and leasing offices as provided in Article VII . Notwithstanding the fore- going, professional and administrative occupations may car- ried on within the Units, so long as there exists no external evidence of them, and provided further that all of the appli- cable requirements of the City and County in which the Property is located are satisfied. No Owner shall use his Condominium in such a manner as to interfere unreasonably with the business of Grantor in selling Condominiums in the Project, as set forth in Article VII of this Declaration. Section 8 . 10. Rubbish Removal . Trash, garbage, or other waste shall be disposed of by residents of the Project only by depositing the same into sanitary trash containers approval for such use by the Board of Directors. Such sanitary containers shall be kept in appropriate areas, screened and concealed from view, and no odor shall be permitted to arise therefrom so as -30- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITf RICK. JACKSON, MARCO S PECKENPAUGH A LAW CORroRATION to render the Project or any portion thereof unsanitary, un- sightly, offensive or detrimental to any other property in the vicinity thereof or to its occupants . Such containers shall be exposed to the view of neighboring Units only when set out for a reasonable period of time (not to exceed twelve ( 12 ) hours before and after scheduled trash collection hours) . No portion .of the Property shall be used for the storage of building materials, refuse or any other materials, other than in connec- tion with approved construction, and no such materials shall be kept, stored or allowed to accumulate on or in any patio or garage. No clothing, household fabrics or other unsightly articles shall be hung, dried or aired on any portion of the Property, including the interior of any Residence, so as to be visible from other Residences or the street. There shall be no exterior fires whatsoever except barbecue fires contained within receptacles commercially designed therefor. Section 8. 11 . Further Subdivision. Subject to Article VII , unless at least seventy-five percent (75%) of the first Mortgagees (based upon one vote for each mortgage owned) , or Owners representing seventy-five percent (75%) of the voting power of the Association residing in Owners other than Grantor have given their prior written approval, and all applicable laws and regulations have been complied with, no Owner shall further subdivide his Unit (physically or legally) , including without limitation any division of his Unit or his Condominium into time-share estates or time-share uses; provided, however, that this provision shall not be construed to limit the right of an Owner to rent or lease all of his Unit by means of a written lease. or rental agreement subject to the Restrictions. The terms of any such lease or rental agreement shall lie made expressly subject in all respects to the prcvisior.s of the Restrictions. Any failure by the lessee of the Unit to comply with the terms of this Declaration or the Bylaws of the Associ- ation shall constitute a default under the lease or rental agreement. Notwithstanding the foregoing, no Unit in the Proj- ect may be partitioned or subdivided without the prior written approval of the Beneficiary of any first Mortgage lien on that Unit. This Section may not be amended without the prior written approval of the Beneficiaries of at least seventy-five percent (75%) of the first Mortgages of Condominiums in the Project. Section 8 . 12 . Drainage . There shall be no interference with -the established drainage pattern over the Property, unless an adequate alternative provision is made for proper drainage and is first approved in writing by the Architectural Committee. For the purpose hereof, :'established" drainage is defined as the drainage which exists at the time of the first Close of Escrow for the sale of a Condominium, or that which is shown on any plans approved by the Architectural Committee. Section 8 . 13 . Water Supply System. No individual water supply or water softener system shall be permitted in any Unit unless such system is designed, located, constructed and equipped in accordance with the requirements, standards, and recommendations of any applicable water district, the City and County in which the Property is located, and all other appli- cable governmental authorities. Any sewage disposal system shall be installed only after approval by the Architectural Committee and any governmental health authority having juris- diction. -31- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. OH MAKCO & PECKBNPAUGH A LAW CORPORATION Section 8. 14. Right of First Refusal . Except as provided below, when an Owner desires to sell his Condominium, such Owner ( "Seller" ) (other than Grantor, or a first Mortgagee who obtains title to a Condominium through judicial or non-judicial fore- closure or deed-in-lieu of foreclosure) will proceed as follows : (a) Seller will give written notice by certified or registered mail ( "Seller' s Notice" ) to the Association of the terms upon which Seller intends to sell Seller' s Unit ( "Seller' s Term" ) . (b) The Association shall have fifteen ( 15 ) calendar days from the posting of Seller' s Notice to offer to purchase Seller' s Unit pursuant to Seller' s Terms. Any deccision to purchase Seller' s Unit must be approved by at least a majority of the voting power of the Association, excluding the Seller. (c ) If Seller receives no such offer from the Associa- tion within the above-stated time period, Seller may sell his Unit to any Person; provided that ( 1 ) the terms of such sale are not less favorable to Seller than Seller' s Terms disclosed in Seller' s Notice, and (2 ) close of escrow. for such sale is accom- plished within six (6) months after the earliest posting of Seller' s Notice. (d) If such sale is not so consummated within such six (6) month period, Seller must again proceed in accordance with paragraphs (a) and (b) above. The right of first refusal set forth above shall be in favor of the Association and not any individual Owner, and shall not be applicable to or exercisable in connection with ( i ) the sale or transfer of a Unit by an Owner to a partnership or a corporation which is owned or controlled by such Owner, so long as such sale or transfer is not merely a device used to excuse the Owner from the requirements of this Section 8. 14; ( ii ) a sale or transfer of a Unit by an Owner to his spouse, children, parents, brothers or sisters, or any combination thereof; ( iii ) a judicial or non- judicial sale in connection with foreclosure on a Unit or the conveyance of the Unit in lieu of foreclosure; provided that, with the exception of first Mortgagees as set forth above, any subsequent sale of a Unit by the foreclosing Person shall be subject to the right' of first refusal described above; and ( iv) a conveyance or transfer of a Unit by gift, will, or interstate succession. ARTICLE IX INSURANCE Section 9. 01 . Duty to Obtain Insurance; Types . The Board shall cause to be obtained and maintained adequate blanket pub- lic liability insurance ( including medical payments) , with such limits as may be considered acceptable to the Federal National Mortgage Association (not less than $1 million covering all claims for personal injury and property damage arising out of a single occurrence) , insuring against liability for bodily in- jury, death and property damage arising from the activities of the Assouiati.on and ics Members; with respect to the Common -32- 1878S/JRS/0389S/15415 kjm/09-06-83 MCKJT RICK. JACKSON. OK MARCO 6 PECKENPAUGH A LwW coa.ft.TION Property. The Board shall also cause to be obtained and main- tained fire and casualty insurance with extended coverage, without deduction for depreciation, in an amount as near as possible to the full replacement value of the Common Property and, if economically available, those portions of the Units consisting of all fixtures, installations or additions compris- ing a part of the buildings housing the Units and all built-in or set-in appliances, cabinets and initial basic floor cover- ings, as initially installed or replacements thereof in accor- dance with the original plans and specifications for the Proj- ect, or as installed by or at the expense of the Owners . Such insurance shall be maintained for the benefit of the Associa- tion, the Owners, and the Mortgagees, as their interests may appear as named insured, subject, however, to loss payment requirements as set forth herein. The Board of Directors shall purchase such other insurance, as necessary, including but not limited to, errors and omissions, directors, officers and agents liability insurance, plate glass insurance, medical payments, malicious mischief, liquor liability and vandalism insurance, ' fidelity bonds and worker' s compensation, and such other risks as shall customarily be covered with respect to condominium projects similar in construction, location and use . Fidelity bond coverage which names the Association as an obligee must be obtained by or on behalf of the Association for any person or entity handling funds of the Association, including, but not limited to, officers, directors, trustees, employees and agents of the Association and employees of the Manager of the Associa- tion, whether or not such Persons are compensated for their services, in an amount not less than the estimated maximum of funds, including reserve funds, in the custody of the Associa- tion or the Manager, as the case may be, at any given time during the term of each bond. However, in no event may the aggregate amount of such bonds be less than the sum equal to one-fourth ( 1/4) of the Annual Assessments on all Condominiums in the Project, plus reserve funds. Notwithstanding any other provisions herein, the Association shall continuously maintain in effect such casualty, flood and liability insurance and fidelity bond coverage meeting the insurance and fidelity bond requirements for condominium projects established by the Federal National Mortgage Association ( "FNMA" ) , the Government National Mortgage Association ( "GNMA" ) and The Mortgage Corporation ( "TMC" ) , so long as any of which is a Mortgagee or Owner of a Condominium within the Project, except to the extent such coverage is not available or has been waived in writing by the FNMA, the GNMA and TMC, as applicable . Section 9 . 02 . Waiver of Claims Against Association. As to all policies of insurance maintained by or for the benefit of the Association and the Owners, the Association and the Owners hereby waive and release all claims against one another, the Board of Directors and Grantor, to the extent of the insur- ance proceeds available, whether or not the insurable damage or injury is caused by the negligence of or breach of any agreement by any of said Persons . Section 9 . 03 . Right and Duty of Owners to Insure . It is the responsibility of each Owner to provide insurance on his personal property and upon all other property and improvements within his Unit for which the Association has not purchased in- surance in accordance with Section 9.01 hereof. Nothing herein -33- 1878S/JRS/03895/15415 kjm/09-01-83 M<KIITRICK. JACKSON. ,C MARCO S PRCKHNPAUGH A LAW CORPORATION l shall preclude any Owner from carrying any public liability in- surance as he deems desirable to cover his individual liability for damage to person or property occurring inside his individual Unit or elsewhere upon the Property. Such policies shall not adversely affect or diminish any liability under any insurance obtained by or on behalf of the Association, and duplicate copies of such other policies shall be deposited with the Board upon request. If any loss intended to be covered by insurance carried by or on behalf of the Association shall occur and the proceeds payable thereunder shall be reduced by reason of in- surance carried by any Owner, such Owner shall assign the pro- ceeds of such insurance carried by him to the Association, to the extent of such reduction, for application by the Board to the same purposes as the reduced proceeds are to be applied. Section 9 . 04. Notice of Expiration Requirements. If available, each of the policies of insurance maintained by the Association shall contain a provision that said policy shall not be cancelled, terminated, materially modified or allowed to ex- pire by its terms, without ten ( 10) days' prior written notice to the Board and Grantor, and to each Owner and Beneficiary, insurer and guarantor of a first Mortgage who has fiiad a writ- ten request with the carrier for such notice, and every other Person in interest who requests such notice of the insurer. In addition, fidelity bonds shall provide that they may not be cancelled or substantially modified without ten ( 10) days prior written notice to any insurance trustee named pursuant to Sec- tion 9 . 06 and to each FNMA servicer who has filed a written request with the carrier for such notice. Section 9 . 05 . Insurance Premiums . Insurance premiums for any blanket insurance coverage obtained by the Association and any other insurance deemed necessary by the Board of Directors shall be a Common Expense to be included in the Annual Assess- ments levied by the Association and collected from- the Owners. That portion of the Annual Assessments necessary for the re- quired insurance premiums shall be separately accounted for by the Association in the Reserve Fund, to be used solely for the payment of premiums of required insurance as such premiums become due. Section 9 . 06. Trustee for Policies. The Association, acting through its Board of Directors, is hereby appointed and shall be deemed trustee of the interests of all named insureds under policies of insurance purchased and maintained by the Association. All insurance proceeds under any such policies as provided for in Section 9 . 01 of this Article shall be paid to the Board of Directors as trustees. The Board shall have full power to receive and to receipt for the proceeds and to deal therewith as provided herein. Insurance proceeds shall be used by the Association for the repair or replacement of the property for which the insurance was carried or otherwise disposed of as provided in Article X of this Declaration. The Board is hereby granted the authority to negotiate loss settlements with the appropriate insurance carriers, with participation, to the ex- tent they desire, of first Mortgagees who have filed written requests within ten ( 10) days of receipt of notice of any damage or destruction as provided in Section 10. 05 of this Declaration. Any two (2 ) officers of the Association may sign a loss claim form and release form in connection with the settlement of a -34- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. I[ MARCO 6 PECKENPAUGH A LAW CORPORATION loss claim, and such signatures shall be binding on all the named insureds . Notwithstanding the foregoing, there may be named as an insured, a representative chosen by the Board, in- cluding a trustee with whom the Association may enter into an insurance trust agreement or any successor to such trustee, who shall have exclusive authority to negotiate losses under any policy providing property or liability insurance and to perform such other functions necessary to accomplish this purpose. Section 9 . 07 . Actions as Trustee. Except as otherwise specifically provided in this Declaration, the Board, acting on behalf of the Association and all Owners, shall have the exclu- sive right to bind such parties in respect to all matters affecting insurance carried by the Association, the settlement of a loss claim, and the surrender, cancellation, and modifica- tion of all such insurance, in a manner satisfactory to Benefi- ciaries of seventy-five percent ( 75%) of the first Mortgages held by first Mortgagees who have filed requests under Section 9 . 04. Duplicate originals or certificates of all policies of fire and casualty insurance maintained by the Association and of all renewals thereof, together with proof of payment of pre- miums, shall be delivered by the Association to all Owners and Mortgagees who have requested the same in writing. Section 9 . 08 . Annual Insurance Review. The Board shall review the insurance carried by or on behalf of the Association at least annually, for the purpose of determining the amount of the casualty and fire insurance referred to in Section 9 . 01 above . If economically feasible, the Board shall obtain a cur- rent appraisal of the full replacement value of the Improvements on the Property except for foundations and footings, without deduction for depreciation, from a qualified independent insur- ance appraiser, prior to each such annual review. Section 9 . 09 . Required Waiver. A11 policies of. physical damage insurance shall provide, if reasonably possible, for waiver of the following rights, to the extent that the respec- tive insurers would have the rights without such waivers : ( a) subrogation of claims against the Owners and tenants of the Owners; (b) any defense based upon co-insurance; (c ) any right of set-off, counterclaim, appor- tionment, proration or contribution by reason of other insurance not carried by the Association; (d) any invalidity, other adverse effect or defense on account of any breach of warranty or condi- tion caused by the Association, any Owner or any tenant of any Owner, or arising from any act, neglect, or omission of any named insured or the respective agents, contractors and employees of any insured; ( e) any right of the insurer to repair, rebuild or replace, and, if the Improvement is not repaired, rebuilt or replaced following loss, any right to pay under the insurance an amount less than the replace- ment value of the Improvements insured; -35- 1878S/JRS/0389S/15415 kjm/09-01-83 KIT RICK. JACKSON, _ IARCO 6 PECKENPAUGH A LAW CORPORATION ( f) notice of the assignment of any Owner of his interest in the insurance by virtue of a conveyance of any Condominium; and ( g) any right to require any assignment of any mortgage to the insurer. ARTICLE X DESTRUCTION OF IMPROVEMENTS Section 10. 01 . Restoration of the Property. Except as otherwise provided in this Declaration, in the event of any destruction of any portion of the Property, the repair or re- placement of which is the responsibility of the Association, it shall be the duty of the Association to restore and repair the same to its former condition, as promptly as practical . The proceeds of any insurance maintained pursuant to Article IX hereof for reconstruction or repair of the Property shall be used for such purpose, unless otherwise provided herein. The Board shall be authorized to have prepared the necessary docu- ments to effect such reconstruction as promptly as practical . The Property shall be reconstructed or rebuilt substantially in accordance with the Condominium Plan and the original construc- tion plans if they are available, unless changes recommended by the Architectural Committee have been approved in writing by seventy-five percent ( 75%) of the Owners and by the Beneficiar- ies of seventy-five percent ( 75%) of first Mortgages upon the Condominiums. If the amount available from the proceeds of such insurance policies for such restoration and repair is at least eighty-five percent (85%) of the estimated cost of restoration and repair, a Reconstruction Assessment of the Owners shall be levied by the Board of Directors to provide the necessary funds for such reconstruction, over and above the amount of any in- surance proceeds available for such purpose. If the amount available from the proceeds of such insurance policies for such restoration and repair is less than eighty-five percent (85%) of the estimated cost of restoration and repair, the Owners by the vote or written consent of not less than seventy-five per- cent ( 75%) of the Owners, together with the approval of the Beneficiaries of at least seventy-five percent ( 75%) of the first Mortgages on Condominiums in the Project, shall determine whether the Association shall be authorized to levy a Recon- struction Assessment and proceed with such restoration and repair. If the Owners and their Mortgagees, as provided above, determine that the cost of such restoration and repair would be substantial and that it would not be in their best interests to proceed with the same, the Owners may, at their discretion, proceed as provided in Section 10 . 02 below. Section 10 . 02 . Sale of Property. If the amount available from the proceeds of the insurance policies maintained by the Association is less than eighty-five percent (85%) of the cost of reconstruction, a certificate of the resolution authorizing such reconstruction shall be Filed within six ( 6) months from the date of such destruction and, if such certificate is not Recorded within said period, it shall be conclusively presumed that the Owners have determined not to rebuild said Improve- ments. In the event of a determination not to rebuild, the -36- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKIT RICK. JACKSON, JR MARCO 9 PECKENPAUGH A LAW CORPORATION III r Association, acting through a majority of the Board as provided in Section 1355(b) of the California Civil Code, shall be authorized to have prepared, executed and Recorded, as promptly as practical, the certificate stating that a majority of the Board may properly exercise an irrevocable power of attorney to sell the Project for the benefit of all of the Owners, and such other documents and instruments as may be necessary for the . Association to consummate the sale of the Property at the high- est and best price obtainable, either in its damaged condition, or after damaged structures have been razed. The net proceeds of such sale and the proceeds of any insurance carried by the Association shall be divided proportionately among the Owners, such proportions to be determined in accordance with the rela- tive appraised fair market valuation of the Condominiums as of a date immediately prior to such destruction (or condemnation) , expressed as percentages, and computed by dividing such appraised valuation of each Condominium by the total of such appraised valuations of all Condominiums in the Project. The Board is hereby authorized to hire one or more appraisers for such purpose and the cost of such appraisals shall be a Common Expense of the Association. Notwithstanding the foregoing, the balance then due on any valid encumbrance of record shall be first paid in order of priority, before the distribution of any proceeds to an Owner whose Condominium is so encumbered. Section 10 . 03 . Right to Partition. No Owner shall have the right to partition of his interest in the Condominium and there shall be no judicial partition of the Project, or any part thereof; except that if a certificate of a resolution to rebuild or restore the Project has not been Recorded as provided above, within six (6) months from the date of any partial or total destruction, or if restoration has not actually commenced within said period, then conditions for partition as set forth in Sub- division (4) of Section 1354(b) of the California Civil Code shall be deemed to have been satisfied. Nothing herein shall be deemed to prevent partition of a cotenancy in any Condomin- ium. Except as provided above, each Owner and the successors of each Owner, whether by deed, gift, devise, or by operation of law, for their own benefit and for the Units and for the benefit of all other Owners, specifically waive and abandon all rights, interests and causes of action for a judicial partition of the tenancy in common ownership of the Project and do further covenant that no action for such judicial partition shall be instituted, prosecuted or reduced to judgment. Section 10 . 04• Interior Damage. With the exception of any casualty or damage insured against by the Association pur- suant to Section 9 . 01 of this Declaration, restoration and repair of any damage to the interior of any individual Resi- dence, including without limitation all fixtures, cabinets and improvements therein, together with restoration and repair of all interior paint, wall coverings and floor coverings, shall be made by and at the individual expense of the Owner of the Residence so damaged. In the event of a determination to rebuild the Property after partial or total destruction, as provided in this Article X, such interior repair and restoration shall be completed as promptly as practical and in a lawful and workmanlike manner, in accordance with plans approved by the Architectural Committee as provided herein. -37- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKMRICK. JACKSON. re MARCO & MCKEMPAUGN A LAW CORPORATION Section 10 . 05 , Notice to Owners and Listed Mortgagees . The Board immediately upon having knowledge of any damage or destruction affecting a material portion of the Common Property, shall promptly notify all Owners and Beneficiaries, insurers and guarantors of first Mortgages on Condominiums in the Project who have filed a written request for such notice with the Board. The Board, immediately upon having knowledge of any damage or destruction affecting a Unit, shall promptly notify any Benefi- ciary, insurer or guarantor of any Mortgage encumbering such Unit who has filed a written request for such notice with the Board. ARTICLE XI EMINENT DOMAIN Section 11 . 01 . Definitions; Total Taking Partial Taking Special Partial Taking. The term 'taking' as used in this Article shall mean condemnation by exercise of power of eminent domain or by sale under threat of the exercise of the power of eminent domain. A "Total Taking" shall occur if there is a permanent taking by eminent domain of an interest in all or part of the Common Areas or of all or part of one or more Units, such that the ownership, operation and use of the Project in accord- ance with the provisions of this Declaration is substantially and adversely affected, and within one hundred twenty ( 120) days after the effective date of the taking the Owners of any Units ( i,) not taken, or ( ii ) only partially taken and capable of being restored to at least ninety-five percent (95%) of their floor area and to substantially their condition prior to the taking (collectively the "Remaining Units" ) do not by affirmative vote of a majority of their entire voting interest (without adjust- ment among such Units for relative voting rights because of such partial taking) approve the continuation of the Project and the repair, restoration and replacement to the 'extent feasible of the Common Areas and the Remaining Units. A "Par- tial Taking" shall occur if there is any other permanent taking of the Project. A Partial Taking shall include, without limi- tation, a "Special Partial Taking" which is described herein as a taking of all or part of one or more Units, as Units, subject to ail of the provisions of this Declaration, without involving any taking of the Common Areas except to the extent of the pro- portionate interest therein of the Units taken, so that the taking authority becomes a successor in title to the Owner or Owners of the Condominium or Condominiums so taken with the same effect as if such Units were purchased by the taking authority. Following any taking which in the opinion of the Board of Directors would constitute a Total Taking in the absence of the affirmative vote of the Owners of the Remaining Units as re- quired by the foregoing provisions, the Board of Directors shall call a special meeting of the Owners of the Remaining Units to be held promptly, and in any event within sixty ( 60) days after the effective date of such taking, to determine if such Owners of the Remaining Units will, or will not, decide to continue the Project as provided herein. Section 11 . 02 . Awards; Repair• Restoration and Replacement. ( a) In the event of a Total Taking, the Board of Directors shall : ( i ) except as provided in Section -38- 18'I8S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK• JACKSON. MARCO & PECKENPAUGH A LAW CORPORATION 11 . 03, represent all of the Owners in an action to recover .any and all awards, subject to the right of all first Mortgagees of record, upon request, to join in .the proceedings, ( ii ) proceed with the sale of that portion of the Project which was not included in the condemnation proceedings and distribution of the net proceeds of such sale, after deducting any incidental fees and expenses, in the same proportion and in the same manner as provided in Section 10. 02, and ( iii ) distribute the condemnation award in accordance with the court judgment or the agreement between the con- demning authority and the Association, if any, or, if there is no such judgment or agreement, in accordance with Section 10. 02 of this Declaration. (b) In the event of a Partial Taking, other than a Special Partial Taking, the provisions of Section 11 . 02(a) ( i ) of this Article shall be applicable. The net proceeds of the Partial Taking awards shall be held by the Board of Directors, after deducting related fees and expenses and the portions of the awards allotted in the taking proceedings or, failing such allotment, allotted by the Board of Directors to ( i ) Units totally taken or partially taken and not capable of being restored to at least ninety-five percent (95%) of their floor area and substantially their condition prior to the taking, and ( ii ) Units taken in the same manner as in a Special Partial Taking except that the taking is made subject to only some or to none of the Restrictions (collectively the "Taken Units" ) . The proceeds of the Partial Taking award allotted to the Taken Units shall be paid to the Owners of the Taken Units, provided, however, that such proceeds shall first be applied to the balance then due on any Mortgages of record in order of priority before the distribution of any such proceeds to any Owner whose Condominium is subject to any such Mortgage. First Mortgagees of Record with respect to the Remaining Units affected by such Partial Taking shall be entitled to severance damages payable out of the award proceeds held by the Board of Directors to the extent that such Mortgagees can prove that their security has been im- paired by such taking. The balance of the net proceeds shall then be applied to the repair, restoration and replacement of the Common Property and the Remaining Units (but not Owners' personal property nor those portions of the Units which the Owners are obligated to restore) to as nearly their condition prior to the taking as may be feasible, in the same manner and under the same provisions applicable to the proceeds of in- surance as set forth in Section 10.01 hereof, except for .any provisions relating to Owners' personal prop- erty. Any funds held for restoration by the Board of Directors following completion thereof shall be dis- posed of, in each case in the same manner as provided in Section 10 . 02 , except that the total amount of the award payable to any Member and his mortgagee or mort- gagees for a destroyed Unit or Units shall not exceed the value of said Member' s Condominium interest. -39- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKI"RICK. JACKSON, 2 MARCO & PECKENPAUGH A LAW CORPORATION If the funds held for restoration by the Board of Directors are less than the cost of restoration and repair, a Reconstruction Assessment of the Owners of the Remaining Units (determiiied with reference to the relative square foot floor areas of the Remaining Units, as restored) may be levied by the Board of Directors to provide the necessary additional funds for such reconstruction. In no event shall the Board of Directors be required to undertake any repair or restoration work or make any payments with respect to any Unit in excess of that portion of the awards rea- sonably attributable to the loss to that Unit. Fol- lowing any Partial Taking, the Association and the Project shall continue, subject to and with the bene- fit of all the provisions of this Declaration, so far as . applicable to the Remaining Units, and the voting interests of the Owners shall be the same . (c) In the event. of a Special Partial Taking or a temporary taking of any Condominium, the Owner of the Condominium taken, together with his mortgagees, shall have exclusive rights to prosecute the proceed- ings for the respective taking awards and to retain the proceeds thereof. In the event of a temporary taking of Common Areas, the Board of Directors shall have exclusive rights to prosecute the proceedings for the respective taking awards and shall apply the pro- ceeds thereof to reduce Common Expenses. Section 11 . 03 . Awards for Owners' Personal Property and Relocation Allowances . Where all or part of the Project is taken by eminent domain, each Owner shall have the exclusive right to claim all of the award made for' such Owners' personal property, and any relocation, moving expense, or other allow- ante of a similar nature designed to facilitate relocation Notwithstanding the foregoing provisions, however, or the pro- visions of Sections 11 . 01 and 11 . 02 , the Board of Directors, except in the case of a Special Partial Taking, shall represent each Owner in an action to recover all awards with respect to such portion, if any, of an Owners' personal property which is at the time of any taking, as a matter of law, part of the real estate comprising any Unit, and shall allocate to such Owner so much of any awards as is allotted in the taking proceedings or, failing such allottment, allotted by the Board of Directors to such Owner' s personal property. The amount so allocated shall be paid to the Owner entitled thereto, whether or not the Unit in Which such Owner' s personal property was located is to be restored by the Board of Directors; provided, however, that such proceeds shall first be applied to the balance then due on any Mortgages of record encumbering such Owner' s Condominium, in order of priority. Notwithstanding restoration of the Unit, the Board of Directors shall have no responsibility for restoration of such Owner' s personal property. Section 11 . 04. Relinquishment of Interest in Common Areas . Each Owner of a Taken Unit, by his acceptance of the award allotted to him in a taking proceeding or by the Board as a result of a Partial Taking (other than a Special Partial Tak- ing) , hereby relinquishes to the other Owners in such Phase of Development, on the basis of their relative ownership of the -40- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. MARCO & PECKENPAUGH A LAW CORPORATION Common Areas therein, such Owner' s undivided interest in the Common Areas and that portion, if any, of such Owner' s Unit which was not taken by the condemning authority. Each Owner of a taken Unit shall not be liable for assessments under this Declaration which accrue on or after the date of acceptance by such Owner of the portion of the condemnation award allotted to him. Each Owner relinquishing his interest in the, Common Areas pursuant to this Section shall , at the request of the Board and at the expense of the Association, execute and acknowledge such deeds and other instruments which the Board deems necessary or convenient to evidence such relinquishment. Section 11 . 05 . Notice to Owners and Listed Mortgagees. The Board of Directors, immediately upon having knowledge of any taking by eminent domain affecting a material portion of the Common Property, or any threat thereof, shall promptly notify all Owners and those Beneficiaries, insurers and guarantors of Mortgages on Condominiums in the Project who have filed a writ- .ten request for such notice with the Board. The Board, immedi- ately' upon having knowledge of any taking by eminent domain affecting a Unit, or any threat thereof, shall promptly notify any Beneficiary, insurer or guarantor of a Mortgage encumbering such Unit who has filed a written request for such notice with the Board. ARTICLE XII RIGHTS OF MORTGAGEES Notwithstanding any other provisions of this Declaration, no amendment or violation of th's Declaration shall operate to defeat or render invalid the rights of the Beneficiary under any Deed of Trust upon a Condominium made in good faith and for value, provided that after the foreclosure of any such Deed of Trust such Condominium shall remain subject to this Declaration, as amended. Notwithstanding any and all provisions of this Declaration to the contrary, in order to induce The Mortgage Corporation ( "TMC" ) , the Government National Mortgage Associa- tion ( "GNMA" ) and the Federal National Mortgage Association ( "FNMA'' ) to participate in the financing of the sale of Condo- miniums within the Project, the following provisions are added hereto ( and to the extent these added provisions, pertaining to the rights of Mortgagees, TMC, FNMA, GNMA, VA and FHA, conflict with any other provision's of this Declaration or any other of the Restrictions, these added restrictions shall control ) : ( a) Each Beneficiary, insurer and guarantor of a first Mortgage encumbering any Condominium, upon filing a written request for notification with the Board, is entitled to written notification from the Association of any default by the Mortgagor of such Condominium in the performance of such Mortgagor' s obligations under the Restrictions which default is not cured within thirty (30) days after the Association learns of such default. For purposes of this Declaration, "first Mortgage" shall mean a Mortgage with first priority over other Mortgages or Deeds of Trust on a Condomin- ium, and "first Mortgagee" shall mean the Beneficiary of a first Mortgage. -41- 1878S/JRS/0389S/15415 kjm/09-01-83 M<KITTRICK. JACKSON, ,E MARCO 6 PECKENPAUGH A LAW CORI RATION (b) Every Owner, including every first Mortgagee of a Mortgage encumbering any Condominium, who obtains title to such Condominium pursuant to the remedies provided in such Mortgage, or pursuant to a foreclosure of the Mortgage, or by deed (or assignment) in lieu of foreclosure, shall be exempt from any "right of first refusal" , including, without limitation, the right of first refusal specified in Section 8. 14 hereof. (c) Each first Mortgagee of a Mortgage encumber- ing any Condominium, which obtains title to such Con- dominium, pursuant to judicial foreclosure or the powers provided in such Mortgage, shall take title to such Condominium free and clear of any claims for un- paid assessments or charges against such Condominium which accrued prior to the time such Mortgagee acquires title to such Condominium. (d) Unless at least sixty-seven ( 67%) of the first Mortgagees (based upon one vote for each first Mortgage owned) or sixty-seven percent (67%) of the Owners (other than Grantor) have their prior written approval, neither the Association nor the Owners shall : ( 1 ) by act or omission seek to abandon or terminate the Property; or (2 ) change the method of determining the obligations, assessment dues or other charges which may be levied against any Owner, or the method of allocating distribu- tions of hazard insurance proceeds or con- demnation awards; or (3 ) partition or subdivide any Condo- minium Unit; or (4) by act or omission, seek to aban- don, partition, subdivide, encumber, sell or transfer the Common Property. (The granting of easements for public utilities or for other purposes consistent with the intended use of the Common Property under this Decla- ration shall not be deemed a transfer within the meaning of this clause) ; or ( 5 ) by act or omission change, waive or abandon any scheme of regulations, or en- forcement thereof, pertaining to the archi- tectural design or the exterior appearance of the Common Property; or (6 ) fail to maintain or cause to be maintained Fire and Extended Coverage on in- surable Common Areas as provided in Article IX of this Declaration; or ( 7 ) use hazard insurance proceeds for losses to any condominium property ( i . e . , Improvements to the Units or Common Property) -42- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK, JACKSON. t MARCO & PECKENPAUGH A uw CORr RATJON for other than the repair, replacement or reconstruction of such condominium property, subject to the provisions of Article X of this Declaration. ( e) All Beneficiaries, insurers and guarantors of first Mortgages, upon written request, shall have the right to ( 1 ) examine the books and records of the Association during normal business hours, (2 ) require from the Association the submission of annual audited financial reports and other financial data, (3 ) receive written notice of all meetings of the Owners, and (4) designate in writing a representative to attend all such meetings . ( f) All Beneficiaries, insurers and guarantors of first Mortgages, upon written request, shall be given thirty (30) days' written notice prior to the effective date of ( 1) any proposed, material amendment to the Restrictions or Condominium Plans; (2 ) any ter- mination of an agreement for professional management of the Property following any decision of the Owners to assume self-management of the Project; and ( 3 ) any proposed termination of the Property as a condominium project. (g) The Common Property Reserve Fund described in Article V of this Declaration must be funded by regular scheduled monthly, quarterly, or semi-annual payments rather than by large special assessments . (h) The Board shall secure and cause to be main- tained in force at all times a fidelity bond for any Person handling funds of the Association, including, but not limited to, employees of the professional Manager. ( i ) In addition to the foregoing, the Board may enter into such contracts or agreements on behalf of the Association as are required in order to satisfy the guidelines of the VA, FHA, TMC, the FNMA or the GNMA or any similar entity, so as to allow for the purchase, guaranty or insurance, as the case may be, by such entities of first Mortgages encumbering Condo- miniums. Each Owner hereby agrees that it will bene- fit the Association and the membership of the Associa- tion, as a class of potential Mortgage borrowers and potential sellers of their residential Condominiums, if such agencies approve the Property as a qualifying subdivision under their respective policies, rules and regulations, as adopted from time to time. Mortgagees are hereby authorized to furnish information to the Board concerning the status of any Mortgage encumber- ing a Condominium. (j ) Each Owner hereby authorizes the first Mort- gagee of a first Mortgage on his Condominium to furnish information to the Board concerning the status of such first Mortgage and the loan which it secures. ' i I -43- 1878S/JRS/0389S/15415 kjm/09-01-83 McKIT RICK. JACKSON. lE MARCO & PECKENPAUGH A LAW CORPORATION (k) When professional management has been previ- ously required by a Beneficiary, insurer or guarantor of a first Mortgage, any decision to establish self- management by the Association shall require the approval of sixty-seven percent ( 67%) of the voting power of the Association and the Beneficiaries of fifty-one percent (51%) of the first Mortgages of Con- dominiums in the Project . ( 1) First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against any Common Prop- erty and may pay any overdue premiums on hazard insur- ance policies, or secure new hazard insurance coverage on the lapse of a policy, for Common Property, and First Mortgagees making such payments shall be owed immediate reimbursement therefor. from the Association. ARTICLE XIII DURATION A*TD AMENDMENT Section 13 . 01 . Duration. This Declaration shall continue in full force for a term of fifty (50) years from the date of Recordation hereof, after which time the same shall be automa- tically extended for successive periods of ten ( 10) years, unless prior to the expiration of such term or any extension thereof a Declaration of Termination is Recorded, meeting the requirements of an amendment to this Declaration as set forth in Section 13 . 02 . There shall be no severance by sale, convey- ance, encumbrance or hypothecation of an interest in any Unit from the concomitant Membership in the Association, as long as this Declaration shall continue in full force and effect. The provisions of this Article are subject to the provisions of Sections 10.02 and 11 . 02 of this Declaration. Section 13 . 02 . Amendment. Notice of the subject matter of a proposed amendment to this Declaration in reasonably detailed. form shall be included in the notice of any meeting of the Association at which a proposed amendment is to be con- sidered. A resolution adopting a proposed amendment may be proposed by an Owner at a meeting of Members of the Association. The resolution shall be adopted by the vote, in person or by proxy, or written consent of Members representing not less than ( i ) sixty-seven percent (67%) of the voting power of the Asso- ciation, and ( ii ) sixty-seven percent (67%) of the voting power of the Association residing in Members other than Grantor; pro- vided that the specified percentage of the voting power of the Association necessary to amend a specified Section or provision of this Declaration shall not be less than the percentage of affirmative votes prescribed for action to be taken under that Section or provision. A copy of each amendment shall be certi- fied by at least two (2 ) officers of the Association and the amendment shall be effective when the Certificate of Amendment is Recorded. Notwithstanding the foregoing, any of the follow- ing amendments, to be effective, must be approved in writing by the Beneficiaries of seventy-five percent ( 75%) of the first Mortgages on all of the Condominiums in the Project at the time of such amendment: -44- 1878S/JRS/0389S/15415 kjm/09-01-83 M<KJT RICK. JACKSON. E MARCO G PECKENPAUGH A LAW CORMRATION ( a) Any amendment which affects or ,purports to affect the validity or priority of encumbrances or the rights or protection granted to Beneficiaries, insurers or guarantors of first Mortgages as provided in Articles V, IX, X, XI , XII and XIII hereof. (b) Any amendment which would necessitate an en- cumbrancer after it has acquired a Condominium through foreclosure to pay more than its proportionate share of any unpaid assessment or assessments accruing after such foreclosure . (c) Any amendment which would or could result in an encumbrance being cancelled by forfeiture, or in a Condominium not being separately assessed for tax pur- poses . (d) Any amendment relating to the insurance pro- visions as set out in Article IX hereof, or to the application of insurance proceeds as set out .in Article X hereof, or to the disposition of any money received in any taking under condemnation proceedings. ( e) Any amendment which would or could result in termination or abandonment of the Property or partition or subdivision of a Condominium Unit, in any manner inconsistent with the provisions of this Declaration. ( f) Any amendment which would subject any Owner to a right of first refusal or other such restriction, if such Condominium is proposed to be sold, transferred or otherwise conveyed. (g) Any amendment concerning: ( 1 ) Voting rights; (2 ) Rights to use the Common Property; (3 ) Reserves and responsibility for maintenance, repair and replacement of the Common Property; ( 4) Boundaries of any Unit; ( 5) Owners ' interests in the Common Areas; (6) Convertibility of Common Areas into Units or Units into Common Areas; (7 ) Leasing of Units; (8) Establishment of self-management by the Association where professional manage- ment has been required by any Beneficiary, insurer or guarantor of a first Mortgage; (9) Assessments, assessment liens, or the subordination of such liens. -45- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK, JACKSON. JE MARCO N PECKENPAUGH A LAW CORPORATION l Notwithstanding the foregoing, if a first Mortgagee who receives a written request from the Board to approve a proposed amendment or amendments to the Declaration does not deliver a negative response to the Board within thirty ( 30) days of the mailing of such request by the Board, such first Mortgagee shall be deemed to have approved the proposed amendment or amendments. A certificate, signed and sworn to by two (2 ) officers of the Association that the requisite number of Owners have either voted for or consented in writing to any amendment adopted as provided above, when Recorded, shall be conclusive evidence of that fact. The Association shall maintain in its files the . record of all such votes or written consents for a period of at least four (4) years . Such a certificate reflecting any amend- ment which requires the written consent of any of the Benefici- aries of first Mortgages shall include a certification that the requisite approval of such first Mortgagees has been obtained. Section 13 . 03 . Protection of Grantor. The prior written approval of Grantor, as developer of the Property, will be re- quired before any amendment which would impair or diminish the rights . of Grantor to complete the Property or sell or lease Condominiums therein in accordance with this Declaration shall become effective. Notwithstanding any other provisions of the Restrictions, until such time as Grantor , no longer owns any Condominiums in the Property, the following actions, before being undertaken by the Association, shall first be approved in writing by Grantor: ( a) Any amendment or action requiring the approval of first Mortgagees pursuant to this Declara- tion, including without limitation all amendments and action specified in Sections 13 . 02 ; (b) The levy of a Capital Improvement Assessment for the construction of new facilities not constructed on the Association Property by Grantor; or (c ) Subject to Section 5 . 04 regarding limitations on Annual Assessment increases, any significant reduc- tion of Association maintenance or other services. ARTICLE XIV ENFORCEMENT OF CERTAIN BONDED OBLIGATIONS Section 14. 01 . Consideration by Board of Directors . If ( 1) the Improvements to be located on the Common Property are not completed prior to the issuance of a Final Subdivision Pub- lic Report by the California Department of Real Estate ( "DRE11 ) for the sale of Condominiums in the Project, and (2 ) the Asso- ciation is obligee under a bond or other arrangement ( "Bond" ) required by the DRE to secure performance of the commitment of Grantor to complete such Improvements, the Board of Directors of the Association shall consider and vote on the question of action by the Association to enforce the obligations under the Bond, with respect to any such Improvement for which a Notice of Completion has not been filed within sixty (60) days after the completion date specified for that Improvement in the -46- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKIT RICK. JACKSON. ID MARCO & PECKENPAUGH A LAW COR"RATION Planned Construction Statement appended to the Bond. If the . Association has given an extension in writing for the completion of any Improvement on the Common Property, the Board shall be directed to consider and vote on the aforesaid question (if a Notice of Completion has not been filed) , within thirty (30) days after the expiration of the extension. Section 14. 02 . Consideration by the Members. A special meeting of Members, for the purpose of voting to override a decision by the Board not to initiate action to enforce the obligations under the Bond or on the failure of the Board to consider and vote on the question, shall be held no fearer than thirty-five (35 ) days nor more than. forty-fi •e (45 ) days after receipt by the Board of a petition for such a meeting signed by Members representing five percent (5%) of the total voting power of the Association residing in Members other than Grantor. A vote at such meeting to take action to enforce the obligations under the Bond by Members representing a majority of the total voting power of the Association residing in Members other than Grantor shall be deemed to be the decision of the Association, and the Board shall thereafter implement this decision by ini- tiating and pursuing appropriate action in the name of the Association. ARTICLE XV GENERAL PROVISIONS Section 15 . 01 . Legal Proceedings . Failure to comply with any of the terms of the Restrictions by an Owner, his family, guests, employees, invitees or tenants, shall be grounds for relief which may include, without limitation, an action to re- cover sums due for damages, injunctive relief, foreclosure of any lien, or any combination thereof. Failure to enforce any provision hereof shall not constitute a waiver of the right to enforce that provision, or any other provision hereof. The Board, any Owner (not at the time in default hereunder) , or Grantor shall be entitled to bring an action for damages against any defaulting Owner, and in addition may enjoin any violation of this Declaration. Any judgment rendered in any action or proceeding pursuant to this Declaration shall include a sum for attorneys ' fees in such amount as the Court may deem reasonable, in favor of the prevailing party, as well as the amount of any delinquent payment, interest thereon, costs of collection and court costs. Each remedy provided for in this Declaration shall be cumulative and not exclusive or exhaustive. Section 15 . 02 . Violation of Restrictions. Without in any . way limiting the generality of the foregoing, if the Board of Directors determines that there is a violation of any provision of this Declaration, or the Architectural Committee determines that an Improvement which is the maintenance responsibility of an Owner is in need of installation, repair, restoration or painting, then the Board shall give written notice to the responsible Owner of the condition or violation complained of. Unless the Architectural Committee has approved in writing cor- rective plans proposed by the Owner to remedy the condition complained of within such period of time as may be determined reasonable by the Board after it has given said written notice, -47- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKIT RICK. JACKSON. It MARCO S PECKENPAUGH A LAW CORroRATIOH and such corrective work so approved is completed thereafter within the time allotted by the Board, the Board, after Notice and Hearing, shall undertake to remedy such condition or viola- tion complained of, and the cost thereof shall be charged to the Owner and his Condominium whose Residence is the subject matter of the corrective work. Such cost shall be deemed to be a Special Assessment to such Owner and shall be subject to en- forcement and collection by the Board in accordance with the procedures provided for in this Declaration. Section 15 . 03 . Severability. The provisions hereof shall be deemed independent and severable, and a determination of in- validity or partial invalidity or unenforceability of any one provision or portion hereof by a court of competent jurisdiction shall not affect the validity or enforceability of any other provision hereof. Section 15 . 04 . Interpretation. The provisions of this Declaration shall be liberally construed to effectuate its pur- pose of creating a uniform plan for the creation and operation of a residential condominium development and for the maintenance of Common Property, and any violation of this Declaration shall be deemed to be a nuisance . The Article and Section headings, titles and captions have been inserted for convenience only, and shall not be considered or referred to in resolving ques- tions of interpretation or construction. As used herein, the singular shall include the plural and the masculine, feminine and neuter shall each include the other, unless the context dictates otherwise. Section 15 . 05 . Mergers or Consolidations . Upon a merger or consolidation of the Association with another association, its properties, rights and obligations may, by operation of law, be transferred to another surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may, by operation of law, be added to the properties, rights and obligations of the Association as a. sur- viving corporation pursuant to a merger. The surviving or con- solidated association may administer and enforce the covenants, conditions and restrictions established by this Declaration governing the Prcper.ty, rogeChe-- with the covenants and restric- tions established upon any other property, as one plan. Any such merger or consolidation shall require the prior written approval of VA. Section 15 . 06. Use of Recreational Facilities. The Board of Directors shall have the right to limit the number of guests that an Owner or such Owner' s tenant may permit to use the open parking and recreational facilities on the Common Property, and the Board shall have the right to set further reasonable re- strictions on the time and manner of use of said parking areas and recreational facilities, in accordance with the Rules and Regulations, . including, without limitation, Rules and Regula- tions ' restricting or prohibiting the use of all or designated portions of the Property recreational facilities by minors, guests of an Owner or his tenants. Section 15 . 07 . No Public .Right or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of the Property to the public, or for any public use. -48- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. MARCO & PECKENPAUGH A uW CORPORATION Section 15 . 08. No Representations or Warranties. No representations or warranties of any kind, express or implied, have been given or made by Grantor, or its agents or employees in connection with the Property, or any portion thereof, its physical condition, zoning, compliance with applicable laws, fitness for intended use, or in connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or regulation thereof as a Condominium Project, except as specifi- cally and expressly set forth in this Declaration and except as may be filed by Grantor from time to time with the California Department of Real Estate. Section 15 . 09 . Nonliability and Indemnification. No right, power, or responsibility conferred on the Board or the Architectural Committee by this Declaration, the Articles or the Bylaws shall be construed as a duty, obligation or disabil- ity charged upon the Board, the Architectural Committee, any member of the Board or of the Architectural Committee, or any other officer, employee or agent of the Association. No such Person shall be liable to any party (other than the Association or a party claiming in the name of the Association) for injuries or damage resulting from such Person' s acts or omissions within what such Person reasonably believed to be the scope of his Association duties ( "Official Acts" ) , except to the extent that such injuries or damage result from such Person' s willful or malicious misconduct. No such Person shall be liable to the Association (or to any party claiming in the name of the Asso- ciation) for injuries or damage resulting from such Person' s Offical Acts, except to the extent that such injuries or damage result from such Person' s negligence or willful or malicious misconduct. The Association shall pay all expenses incurred by, and satisfy any judgment or fine levied against, any person as a result of any action or threatened action against- such Person to impose liability on such Person for his Official Acts, pro- vided that: ( 1 ) The Board determines that such Person acted in good faith and in a manner such Person reasonably believed to be in the best interests of the Association; (2 ) In the case of a criminal proceeding, the Board determines that such Person had no reasonable cause to believe his conduct was unlawful; and (3 ) In the case of an action or threatened action by or in the right of the Association, the Board determines that such Person acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. Any determination of the Board required under this Section 15 . 09 must be approved by a majority vote of a quorum consisting of Directors who are not parties to the action or threatened action giving rise to the indemnification. If the Board fails or refuses to make any such determination, such determination may be made by the vote or written consent of a majority of a . quorum of the Members of the Association, provided that the Person to be indemnified shall not be entitled to vote . -49- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. MARCO R PECKENPAUGH A LAW CORPORATION Payments made hereunder shall include amounts paid and expenses incurred in settling any such action or threatened action. This Section 15 . 09 shall be construed to authorize payments and indemnification to the fullest extent now or here- after permitted by applicable law. Notwithstanding the foregoing, no employee, officer, or director of Grantor, serving the Association as an appointee of Grantor, shall be granted indemnification hereunder. The entitlement to indemnification hereunder shall inure to the benefit of the estate, executor, administrator, heirs, legatees, or devisees of any Person entitled to such indemnifi- cation. Section 15 . 10 . Notices . Except as otherwise provided in this Declaration, in each instance in which notice is to be given to an Owner, the same shall be in writing and may be delivered personally to the Owner, in which case personal delivery of such notice to one or more co-owners of a Condomin- ium or to any general partner of a partnership owning a Condo- minium shall be deemed delivery to all co-owners or to the partnership, as the case may be . Personal delivery of such notice to any officer or agent for the service of process on a corporation shall be deemed delivery to the corporation. In lieu of the foregoing, such notice may be delivered by regular United States mail, postage prepaid, addressed to the Owner at the most recent address furnished by such Owner to the Associa- tion or, if no such address shall have been furnished, to the street address of such Owner' s Unit. Such notice shall be deemed delivered seventy-two (72 ) hours after the time of such mailing, except for notice of a meeting of Members or of the Board of Directors in which case the notice provisions of the Bylaws of the Association shall control . Any notice to be given to the Association may be delivered personally to any member of the Board, or sent by United States mail , postage prepaid, addressed to the Association at such address as shall be fixed from time to time and circulated to all Owners . Section 15 . 11 . Priorities and Inconsistencies . If there are conflicts or inconsistencies between this Declaration and either the Articles of Incorporation or the Bylaws of the Asso- ciation, the terms and provisions of this Declaration shall prevail . -50- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKITTRICK. JACKSON. MARCO & PECKENPAUGH A LAW CORPORATION - This Declaration is dated for identification purposes 19 LAGO DE PALMAS, a California general partnership By: Its : General Partner By: Its: Partner By: Its: Partner "Grantor" STATE OF CALIFORNIA ) ss . COUNTY OF ) On 19 before me, the undersigned, a Notary Public in and for said State, personally appeared personally known to me or proved to me on the basis of satisfac- tory evidence to be the person[ s ] that executed the within instrument on behalf of LAGO DE PALMAS, the partnership therein named, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal . Notary Public in and for said State -51- 1878S/JRS/0389S/15415 kjm/09-06-83 MCKIT RICK, JACKSON. D[ MARCO h PHCKENPAUGH A LAW CORMRATIOR F . l SUBORDINATION The undersigned, as Beneficiary of the beneficial interest in and under that certain Deed of Trust dated 19_, and recorded on , 19 , as File/Page No. , in Official Records of the Riverside County Recorder ( the "Deed of Trust" ) , which Deed of Trust is by and between as Trustor, a California corporation, as Trustee, and , a California cor- poration, as Beneficiary, hereby expressly subordinates said Deed of Trust and its beneficial interest thereunder to the foregoing Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Lago de Palmas, and to all mainte- nance and other easements to be conveyed to the Association in accordance with the Declaration. Dated: 19 a California corporation By: Its: By: Its: i STATE OF CALIFORNIA ) ss. COUNTY OF ) On 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared and personally known to me or proved to me on the basis of satis- factory evidence to be the persons who executed the within in- strument as and , respec- tively, of the corporation therein named and acknowledged to me that such corporation executed the within Instrument pursuant to its bylaws or a resolution of. its board of directors . WITNESS my hand and official seal . Notary Public in and for said State -52- 1878S/JRS/0389S/15415 kjm/09-01-83 MCKI"RICK. JACKSON. e MARCO h PECKENPAUGM A LAW CORPORATION h `I EXHIBIT "A" ARTICLES OF INCORPORATION OF THE ASSOCIATION 1878S/JRS/0389S/15415 kjm/09-01-83 MCKMRICK. JACKSON. e MARCO & PECKENPAUGH A LAW CORMNATION a EXHIBIT "B" BYLAWS OF THE ASSOCIATION 1878S/JRS/0389S/15415 kjm/09-01-83 M cKJT RICK, JACKSON. OR MARCO & PECKENPAUGH A LAW CORPORATION f EXHIBIT IICII ITEMS OF COMMON EXPENSES WHICH SHALL NOT BE ASSESSED EQUALLY AMONG THE CONDOMINIUMS 1878S/JRS/0389S/15415 kjm/09-01-83 MCKIT RICK, JACKSON.- ui MARCO & PECKENPAUGH A LAW CORPORATION �y r EXHIBIT "D" COPY OF COVENANT 1878S/JRS/0389S/15415 kjm/09-01-83 MCKJT RICK. JACKSON. C MARCO 3 PECKENPAUGH A LAW COR' RATION GEOTECHNICAL STUDY DESERT SQUIRE COUNTRY CLUB CLANCY LANE PALM DESERT, CALIFORNIA ENViRONiJENT�+L SG dCT S City of PAL[v7 a SR PREPARED FOR: National Mortgage & Land Company 42-300 Bob Hope Drive Rancho Mirage, California 92270rr L5 � V L5 Uu OCT D K1983 WARNER ENGINEERING W.O. C1� L� 4 PREPARED BY: Southern California Soil & Testing, Inc. 6280 Riverdale Street San Diego, California 92120 i - SEP 191983 TCO WARNER ENGINEERING _12 W.O. Q 3--6 -C 11� 50 U T H E R N C A L I F ❑ R N I A 5 ❑ 1 L A N D T E S T I N G . I N C . 6280 RIVERDALE ST. BAN CIE00. CALIF. 92120 . TELE 280-4321 . P.C. BOX 20629 BAN OIEGO. CALIF. 92120 9 4 - B 3 1 V E L 1 E IN A Y P A L M O E B E R T. C A L 1 F. 9 2 2 6 O • T E L E 3 4 6 1 G 9 B 6 7 B E N T E R P R 1 B E B T. E B C O N O 1 O O. C A L I F. 9 2 G 2 6 • T E L E 7 4 6 4 6 7 4 September 16, 1983 Curry and Riach 23480 Park Sorrento, Suite 206B SCS&T 19642 Calabasas, California 91302 Report No. 1 Attention: Mr. Sam Curry SUBJECT :, Site Plan Review, Tract No. 19587, Palm Desert, California. Reference: Geotechnical Investigation, Proposed Desert Squire Country .Club. Prepared by Southern California Soil 6 Testing, Inc. , dated February 1, 1978. Gentlemen: In accordance with your request, we have reviewed the site plan submitted to this office and the referenced report. l'he purpose �ar this review was to provide our opinion regarding the suitability of these previous recommendations for this new proposed development. It appears that this new ten-acre development was within the limits of our pre- vious investigation. Boring No. 7 of this report was located within this new site. Our review of this boring log indicates that a loose to medium dense, silty sand exists to depths in excess of thirty feet below grade. The proposed structural S ❑ U T H E R N C A L I F ❑-R N I A S ❑ 1 L A N 0 T E S T I N G , I N C . f SCS6T 19642 September 16, 1983 Page 2 loading conditions associated with this new project also appear to be similar to those assumed in the referenced report. In view of these similarities, it is our opinion that the recommendations pre- sented in the referenced report can be used for this new development. Special consideration should, however, be given to limiting seepage beneath the pro- posed lakes. In addition, surface drainage should be directed away from all buildings and ponding of water should not be allowed adjacent to their foun- dations. If you should have any questions after your review of this report, please do not, hesitate to 'contact the undersigned at your convenience. This opportunity to be of professional service is appreciated. Respectfully submitted, SOUTHERN CALIFORNIA SOIL E TESTING, INC . Robert R. Russell, R.C.E. #32142 RRR :ep cc: (1) Submitted (4) Warner Engineering (1) SCSST, Palm Desert 9 ❑ U T H E R N C A L I F 0 R N I A 9 0 1 L A N D T E S T I N G . 1 N C . S C► T S O U T H E R N C A L I F ❑ R N I A SOIL AND TESTING . I N C . 6900 RIVERDALE BY. BAN DIEGO, CALIF. 97130 1 TELE 960-4321 • P.D. BOX 70627 BAN DIEGO, CALIF. 92120 O 4 - B ] 1 V [ L 1 E W A Y P A L M O 9 B E R T. O A L I F. 9 9 2 6 O • T [ L E 6 4 6 1 O 9 B 6 T 6 E N T E R P R 1 B E 6 T. E 6 a G N 0 1 0 G. C A L I F. 9 9 G 9 6 • T E L L 7 4 6 4 6 4 February 1, 1978 National Mortgage & Land Company SCT 18620 42-300 Bob Hope Drive Report No. 1 Rancho Mirage, California 92270 SUBJECT: Geotechnical Investigation, Proposed Desert Squire Country Club and Condominium Project, Monterey Avenue and Clancy Lane, Palm Desert, California. Gentlemen: In accordance with your request and our Proposal dated November 1, 1977, we have completed a geotechnical study for the subject project. The accompanying report presents the results of the subsurface exploration and laboratory testing as well as the necessary conclusions and recommendations pertaining to site• development and foundation design. If you have any questions after reviewing our report, please do not hesitate to contact the undersigned. This opportunity S O U T H E R N C A L I F 0 R N I A S ❑ 1 L A N D T E S T I N G . I N C . SCT 18620 February 1 , 1978 Page 2 to be of professional service is sincerely appreciated. Respectfully submitted, SOTITHERN CALIFORNIA SOIL & TESTING INC . Curtis Burdett, Project Geologist CHC: 1'f Charles H. Christian, R.C.E. cc: (6) Submitted (2) SCT, Palm Desert ' TABLE OF CONTENTS PAGE NO. INTRODUCTION AND PROJECT DESCRIPTION. . . . . . . . . . . . . . . . . 1 Project Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 SITE AND GEOLOGIC CONDITIONS . . . . . . . . . . . . . . . . . . . . . . . . . 3 Site Topography and Surface Descriptions. . . . . . . . 3 General Site Geology and Soil Conditions. . . . . . . . 3 Lithology and Soil Description. . . . . . . . . . . . . 3 Tectonic Setting. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Seismicity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 GeologicHazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 RECOMMENDATIONS AND CONCLUSIONS. . . . . . . . . . . . . . . . . . . . . . 7 General Design Considerations . . . . . . . . . . . . . . . . . . . 7 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Deleterious Materials. . . . . . . . . . . . . . . . . . . . . 8 Hard Construction Debris. . . . . . . . . . . . . . . . . . . 8 Removalof Trees. . . . . . . . . . . . . . . . . . . . . . . . . 8 Abandoned Utilities and Effluent. . . . . . . . . . . 9 Disposal Systems Earthwork. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . Site Preparation. . . . . . . . 10 Condominium Units. . . . . . . . . . . . . . . . . . . . . . . . . . 10 Clubhouse. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Swimming Pools and Street Areas. . . . . . . . . . . . 11 Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Earthwork Shrinkage Factor. . . . . . . . . . . . . . . . . 11 Slope Stability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Foundation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BearingCapacity. . . . . . . . . . . . . . . . . . . . . . . . 12 Settlement Characteristics. . . . . . . . . . . . . . . . . 13 Expansive Soils . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Lateral Resistance. . . . . . . . . . . . . . . . . . . . . . . 13 On-Grade Slabs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Earth Retaining Structures. . . . . . . . . . . . . . . . . . . . . . 14 LIMITATIONS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 APPENDIX A PAGE N.O. SUPPORTING DATA AND PROCEDURES . . . . . . . . . . . . . . . . . . . . . . . 1 Field Explorations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I Laboratory Testing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 TABLE OF CONTENTS (Con' t. ) APPENDIX A PLATES Plate 1 Plate lA Plate 2 . . .Legend Plates 3-9 . . . Boring Logs Plates 10-16 . . .Trench Logs Plate 17 . . .Maximum. Density & Optimum Moisture Conten+ Plate 18 . . Direct Shear Test Results Plate 19 . . .Grain Size Analysis & Atterburg Limits Plate 20 . . .Grain Size Analysis & Atterburg Limits Plate 21 . . .Consolidation Test Plate 22 . . .Unified Soil Classif4cation Chart APPENDIX B Recommended Grading Specifications APPENDIX C , Special Provisions r* 401,16A4 INSPECTION • TESTING A RESEARCH • DEVELOPMENT 6280 Riverdale St . • San Diego , California 92120 • Phone 280 4321 ALL N[IONT[ AH [U[YITTIO AS TY[ CON IID[MT1LL I[01[IITT OI CLII YT[. AYTNOAI[ATION I.. IU*LICATION OI OUR O[f O11T\. CONCLY[ION[. OR [[T[AC. IIIOY 00 11[OANOING TN[Y 1• A6[[AU[O NNOIN6 OUR "'TT[N AII.OVAL A! A YUTYAL I.OT[CTION TO CLI[NT[. TN[ IYRLIC ANO OU[A[LV[• REPORT OF GEOTECHNICAL STUDY DESERT SQUIRE COUNTRY CLUB CLANCY LANE PALM DESERT, CALIFORNIA INTRODUCTION AND PROJECT DESCRIPTION This report presents the results of our geotechnical study ,for the proposed Desert Squire Country Club and Condominium Project, located east of Monterev Avenue and north of the Whitewater Storm Channel, Palm Desert Area, County of Riverside, State of California. A brief legal description of the site is being a portion of the southerly 1/2 .of Section 8, T5S, R6E and a portion of the northwesterly 1/4 of Section 17, T5S , R6E, S.B.B.M. The project will be under Tentative Tract Map No. 11454 filed in the city of Palm Desert. It is our understanding that the project will consist of constructing single story, fourplex condominiums, a clubhouse, an 18 hole golf course with several manmade ponds, and various associated small maintenance buildings. It is further understood that extensive grading will be required to develop the site and that the grading plans have p not been developed at this tim e. However, the relatively SCT 18620 February 1, 19i8 rag level nature of the site lends itself to cuts and fills of less than 10 feet in height. A vicinity map showing the site location on a portion of a U. S.G . S. quadrangle sheet is presented on Plate No 1A.. Plate No. 1B presents a plan of the site showing its configuration, approximate proposed street layout and the location of our subsurface exploration. PROJECT SCOPE This investigation consisted of surface reconnaissance, subsurface exploration, obtaining representative bulk and undisturbed samples, laboratory testing., review of available geologic literature which would pertain to the site (including the Riverside County Seismic Safety Element) , analysis of the field and laboratory data and preparation of this report. The analysis of our findings was intended to: a) Determine the natural and pertinent physical properties of the on-site soils , including their bearing capacities, expansive potential and settlement characteristics. b) Define the general geology of the site including possible geologic hazards that may affect site development. c) Provide recommendations for foundations and retaining walls. d) Present guidelines for site grading and stability of cut and fill slopes. e) Determine potential construction difficulties and provide recommendations concerning these difficulties. SCT 18620 February SITE AND GEOLOGIC CONDITIONS Site Topography & Surface Descriptions The subject site is an irregular parcel of land situated in the relatively flat lying Coachella valley. Most of the site is in a relatively natural condition with vegetation consisting of sparsely scattered brush. Other portions of the site have been developed and presently support single family residences and accompanying gardens, trees, garages , sheds, private effluent disposal systems and other associated improvements. We understand that all existing structures along with the accompanying network of streets will be removed to make way for the new proposed development. Still other portions of the site have been leveled and used for agriculture purposes . While the agricultural portion of the site is relatively level, the undisturbed areas support dunes of blow sand and form an undulating topography. The Whitewater Storm Channel, which is approximately 45 feet .deep and 500 feet wide at the top, forms a portion of the southerly site boundary. This channel is earthlined and has side slopes which vary from about 2 :1 (horizontal to vertical) near the top to approximately 3 : 1 near the toe. General Site Geology and Soil Conditions Lithology and Soil Description: The subject site is underlain by Quaternary and Recent alluvial deposits which are believed to be in excess of 2000 feet thick. The alluvium consists . basically of silty to slightly silty, fine sands with interbedded strata of silt. The silt lenses were found to vary from a fraction of an inch in thickness to several feet thick. In the vicinity of trench No 5 , the silts lenses were found to be over 14 feet thick. The silt lenses were found to be more predominant in the westerly 2/3 of the site and to be . practically devoid in the easterly leg of the project.. In general, the silts were found to be soft to medium stiff and SCT18G20 February 1 , 1978 Page Four to possess a moderate potential for settlement. The sands generally varied sporadically from loose to dense and were also found to have a low to moderate potential for settlement. The near surface soils over much of the site are blow sands which form the undulating, dune like topography in the undisturbed areas. Like the alluvial sands, the dune sands also vary from loose to dense . Test trenches No. 10 & 11 encountered a loose to medium dense fill for their entire depth of 14 feet. Apparently, a secondary channel once existed in this area and this . channel was probably filled in during the improvements to the Whitewater Storm Channel. Since the fill has a consistency similar to the native soils, it should be prepared as recommended below for the native soils. Tectonic Setting : The site is located between the San Andreas Fault Zone and the San Jacinto Fault Zone, two of the known major active fault zones in the Southern California area. The San Andreas Fault Zone is approximately 6 miles to the northeast and the San Jacinto Fault Zone is approximately 18 miles to the southwest. In addition, a possible, inactive fault is .shown on the Fault Map of California published by the California Division of Mines and Geology (1975) as running parallel to and north of the Whitewater River channel. This inactive fault will be of no concern to the project. Seismicity: Both the San Andreas Fault Zone and the San Jacinto Fault Zones are classified as active fault zones. Because this project site is closer to the San Andreas Fault Zone than the San Jacinto Fault Zone, the former should be used as the "design" fault. The San Andreas Fault Zone is generally considered to have two major branches in the vicinity of the zubject site. The two branches are the Mission Creek Fault and the Banning SCT 18620 e , Fault , both of which are classified as active branches. The San Andreas Fault Zone is the largest and most studied fault zone in California so much seismic information is available. The seismicity of the Mission Creek and Banning branches of the San Andreas Fault Zone has been studied in the area near Palm Springs and the project site was included in that study area. The historical seismicity of the study area from 1932 to 1972 and the projected number of events per 100 years is summarized in the following table adapted from the Riverside County Seismic Safety Report (1976) . Earthquake Magnitude No. Of Events No. Of Events (Richter) (1932-1972) (100-Year Interval) 2 . 0-2 . 4 12 29 . 3 2 . 5-2 . 9 81 197. 6 3 . 0-3 . 4 164 400. 0 3. 5-3 . 9 60 146 . 3 4 . 0-4 . 4 19 46 . 3 4 . 5-4 . 9 5 12 . 2 5. 0-5. 4 2 4 . 9 5. 5-5 . 9 0 0 6 . 0-6. 4 0 0 6 . 4-6. 9 1 2 . 4 Geologic Hazards: The most likely geologic hazard to affect the site is groundshaking due to movement along the San Andreas Fault Zone or to a lesser degree, movement along the San Jacinto Fault Zone. Relative groundshaking hazard zones have been developed in Riverside County by dividing the county into five zones based on soil types and five zones based on the distance from causitive faults. The distance zonations were chosen arbitrarily and are defined in the technical report of the Riverside County Seismic Safety Report (1976) so that Zone I includes ground accelerations for average site conditions up to that taken into account in the 1973 Edition of the Uniform Building Code with each successive zone representing a multiple of :hat acceleration. Most of the project site is in distance Zone III , but the northeast portion is located in Zone IV. The entire site is located in soil type Zone C (alluvium and soft sediments in excess of 2000 feet thick) . Recurrence intervals and magnitudes of earthquakes along the San Andreas Fault Zone are given in the following table as taken from the Riverside County Seismic Safety Report (1976) . Richter Magnitude Recurrence Interval (Years) 8 . 0 Maximum Credible 7 . 5 200-500 7 . 0 100-200 6. 5 50-100 The project planned for the subject site is assigned to use Category C (Normal-High Risk) as defined by the Riverside County Seismic Safety Report so that the design earthquake recommended is the 7. 0 event on the San Andreas Fault Zone. According to the table of Generalized Characteristics of Expected Earthquakes that is presented in the Riverside County Seismic Safety Report, maximum ground acceleration at the portion of, the site in distance Zone III should be considered to be as high as 0. 28 g. Maximum ground acceleration in the portion of the site in distance zone IV is given as 0. 39 g. Because the distance zones are slightly flexible and only a small portion of the project is in distance zone IV, the acceleration for Zone III (0. 28 g. ) may be used for the entire project. Predominant period of groundshaking and duration of "strong" shaking should be considered to be 0. 2 to 0. 4 seconds and 15 to 25 seconds respectively. Other geologic hazards such as liquefaction, tsunamis, seiches, or flooding that could possibly affect the site can be considered to be minimal or nonexistent. SCT 18620 February 1 , 1978 Page Seven RECOMMENDATIONS AND CONCLUSIONS General ' Design Considerations The findings of this study indicate that the site is suitable for the proposed development. The settlement potential of the silt strata and a portion of the silty sands will however require that special site preparation and foundation design be utilized. The soils encountered were found to have relative densities which vary from approximately 50% to 64% . Although the .anticipated loading is relatively light, soils such as those encountered with relative densities lower than approximately 65% are generally susceptible to significant volumetric changes with changes in moisture content. The amount of moisture necessary to initiate the volumetric change is relatively small and could conceivably result from irrigation of landscaping. Methods to alleviate potential settlement problems consist of removing and . recompacting the compressible materials, utilizing pier or pile foundations or utilizing specially design foundation systems in conjunction with a mat of uniformly compacted soils. The recommendations which are present within this report are not intended to completely eliminate the possible settlement problems, but are intended to minimize the effects of possible settlements and at the same time to minimize foundation costs. With this in mind our analysis indicates that the use of a compacted soil mat with specially designed footings should provide a most economic means of developing the proposed project. Based on this, the following recommendations are provided. Demolition: General : As mentioned above, portions of the site have been subject to past development and support various houses, SC`P 18620 c , gtreets , utilities and subsurface effluent disposal systems. Demolition of the existing improvements will result in a considerable amount of debris and disturbed soils . The recommendations presented below are provided for the on- site demolition operations and these recommendations should be thoroughly complied with. Any unforeseen or unusual condition encountered during demolition for site grading should be reported to our office or our field representative at that. time. Deleterious Materials : All deleterious materials resulting from demolition, brushing or grubbing or tree removal should be legally disposed of off site. In some cases however, deleterious materials may be permitted to be buried on site, . provided they are placed in areas approved and predesignated as nonstructural fill areas. The golf course fairways could be considered as a nonstructural fill area provided they are graded to accomodate future settlement. By no means should such nonstructural fill areas ever be used for support structures or other improvements such as roads, walks or utilities. Predesignated nonstructural fill areas should be approved by the developer and by this office prior to placing any deleterious material in these areas. All nonstructural fill areas should be shown on the final as-built plans, so that any future development may take this condition into consideration. Hard Construction Debris : Hard construction debris such as concrete or asphalt chunks may be placed in structural fills provided it is broken down into chunks no larger than 12 inches on any one side. Such debris should be mixed well with the native soils to an extent that at least 70% of the mixture is comprised of the native material and no nesting of the chunks will occur. Oversized pieces of hard construction debris may be placed in predesignated nonstructural fill areas or they may be exported and disposed of off site. Removal of Trees : All trees which are to be removed should have their stumps and root balls also removed. The removal of the stump and root balls should remove approximately 80% of the roots and those which remain should be less than 3/4 of an inch in diameter . The root balls generally extend to from 3 to 5 feet below grade and their removal will result in a depression and generally disturbed soils. Such depressions should be flooded to densify the loose, disturbed soils and should then be filled with uniformly compacted fill material. Abandoned Utilities and Effluent Disposal Systems In all areas that will support structures, including streets, the existing utilities that will be abandoned, such as sewer lines, seepage pits and leach lines, should be removed and their depression backfilled with compacted soil. Any seepage pits that may be encountered should be backfilled with either clean, coarse sand or crushed rock and should be flooded to obtain compaction of the backfill. The pits should then be cut off at a depth of at least 5 feet below 'finished grade and the resulting depression should be backfilled with uniformly compacted fill. Recommendations for backfilling any wells that may be abandoned should be made by a representative of this office once the depth and diameter of the well casing can be determined. Earthwork: General : All earthwork and grading contemplated for site preparation should be accomplished in accordance with the attached Recommended Grading Specifications and. Special Provisions. The special site preparation recommendations presented in the sections below will supercede those in the Standard Recommended Grading Specifications. All fill, embankment material and backfill should be compacted to a minimum of 90% of its maximum dry density. Utility trench backfill within 5 feet of the proposed structures and beneath asphalt pavements should be compacted to a minimum of 90% of its maximum dry density. The maximum dry density of each SCT 18620 February 1 , 1978 Page Ten soil type should be determined in accordance with A. S .T.M. Test Method 1557-70T , Method A or C. Site Preparation; Condominium Units : In order to minimize the effects of potential differential settlement, we recommend that the native soils within a depth of 1. 5 feet below the bottom of the footings be removed and be replaced with uniformly compacted soil. Prior to replacing the excavated materials , the soils exposed in the bottom of the excavation should be scarified to a depth of 12 inches, be brought to near optimum moisture content and be compacted to at least 90% of maximum dry density. The intent of this recommendation is to provide at least 2 . 5 feet of compacted soil beneath all footings. At this depth, the loads induced by the footing become minimal and should not significantly contribute to settlement. In areas that will receive at least 1. 5 feet of fill the native soils need only be prepared to receive fill as recommended above for the soils exposed at the bottom of the excavation , for the soil mat. In. approximately the easterly 250 . feet of the project the silt lenses were generally absent and only the loose to dense silty sands were encountered. In this area the foundation soils could probably be densified to a depth of 2. 5 feet below the bottom of the footing by watering and surface rolling with heavy construction equipment in lieu of removing and replacing as compacted fill. In any event, a sufficient number of relative compaction tests should be performed to insure that the foundation soils within 2. 5 feet of the bottom of the footings are densified as recommended above . The minimal horizontal extent of this recommendation should include the area within a perimeter of 5 feet outside of each proposed structure. Clubhouse : . Since the clubhouse may have higher loads than the proposed single story condominium units , we recommend SCT 18620 February 111978 Page Eleven that the depth of removal and the compacted soil be extended to a depth of 2 feet below the bottom of the footings or to a depth equal to twice the footing width , whichever is greater. Preparation of the soils at the bottom of the excavation and in minimum horizontal extent of the compacted soil mat should be the same as recommended above for the Condominium Unit^. Swimming Pools and Street Areas; All areas to be occupied by street improvments and all areas around the proposed swimming pools which will support concrete decking should be scarified to a minimum of 12 inches . The soils within that depth should then to be brought to near optimum moisture content and be compacted to a minimum of 90% of their maximum dry density. Drainage : Surface drainage should be directed away from all structures and no ponding of water should be allowed adjacent to their foundations. In addition, drainage should not be allowed to flow over the top of cut and/or fill slopes. Earthwork Shrinkage Factor: Our past experience in the vicinity of this site indicates that the overall shrinkage factor will be generally higher than those estimated by conventional means. It has been our experience that an overall shrinkage in the order of 30% would be a realistic. figure of the subject site. This factor includes sympathetic compaction which generally occurs in the preparation of the natural ground in areas to receive fill as recommended in this report. The above shrinkage and subsidence factors should be considered only as a guideline for the development of the proposed grading plans and should not be used for determinant payment for 'on-site grading. Provisions should be made for final adjustment of grades to balance the on-site earthwork. The SCT 18620 1'ebruary 1 , 1978 Page Twelve above factors do not include removal of existing tree root balls, septic. tanks, demolition debris or existing improvements that will be abandoned. Slope Stability: As mentioned above, th,: on-site cues and fills will probably be limited to heights of less than ten feet. In consideration of the erosion characteristics of the native soils , we recommend that the slopes be constructed at a slope ratio of 2 : 1 (horizontal to vertical) or flatter. The existing large slope along the Whitewater Storm Channel was to have a factor of safety against deep seated failure in the order of 1 . 5 or greater. This analysis was based on the lowest strength parameters obtained from our direct shear tests on undisturbed samples. Foundation: General : It is our opinion that the proposed structures may be founded on spread footings. It is recommended that all spread footings be founded at least 12 inches below lowest finish grade for one and two story construction and have a minimum width of 12 inches. All continuous footings should be reinforced with at least one No. 4 bar top and bottom. Bearing Capacity: The allowable soil bearing pressure for the soils prepared as recommended herin is expressed by the following formulas for continous square and spread footings. Continuous Footings q = 0 . 65 + 0. 67D + 0 . 33B Square Footings q = 0. 78 + 0 .67D + 0. 26B Circular Footings q = 0. 78 + 0. 67D + 0. 20B Where Q = Allowable soil bearing pressure as limited by shear in kips per square foot for full live and dead load only , SCT 18620 February 1 , 1978 Page Thirteen D = Footing depth below adjacent grade in feet. B = Footing width or diameter in feet. The above allowable stresses may be increased by one-third for wind and/or seismic loading and should be decreased by one-fourth for dead load only. The allowable bearing pressure in kips per square foot for full live plus dead loads for the minimum size footings recommended above are as follows : Continuous Footings 1. 65 Square Footings 1 . 71 Circular Footings 1. 65 The allowable bearing pressure for other size footings may be computed from the above formulas; however the maximum allowable pressure should be limited to 2. 5 kips per square foot in order to limit settlements : Settlement Characteristics: The anticipated total and/or differential settlements for the proposed construction may be considered to be less than the settlements necessary to produce structural damage or distress within the proposed buildings, provided the recommendations contained within this report are followed. Due to the condition of the deeper soils, some minor movements may however occur within the first year as the loads are redistributed and the landscape irrigation is started. Expansive Soils : The soils native to the site are nondetrimentally expansive and no special site preparation or 'foundation designs will be necessary due to expansive soil conditions . Lateral Resistance: Resistance to lateral loads may be provided by friction at the base of the footing and by passive pressure against the adjacent soil. For concrete footings on compacted soil, a coefficient of friction of 0 . 4 may be used. For calculating passive pressure, an equivalent SCT 18620 February 1 , 1518 Page Fourteen ,fluid unit weight of 125 pounds per cubic foot may be used. Passive pressure should not exceed 1, 500 pounds per square foot. When combining frictional and passive resistance, the latter should be reduced by one-third. On-Grade Slabs : All on-grade slabs should have a minimum thickness of 3 1/2 inches. In order to aid in the control of shrinkage cracks , the concrete for the slabs should have a slump in the order of 4 inches when placed. All interior slabs (excluding the garages) should be reinforced with 6X6-10/10 welded wire mesh placed at the center. Earth Retaining Structures: The native soil pressure for the design of earth retaining structures may be assumed to be equal to the pressure of a fluid weighing 35 pcf for nonrestrained walls . Walls restrained at the top should be designed using a fluid pressure of 50 pcf . These soil pressures are for no surcharge and for a drained; and level backfill condition. If the backfill will not be level or if surcharge loads are anticipated, this office should be contacted for the increases in the soil pressures. LIMITATIONS The recommendations and opinions expressed in this report reflect our best estimate of the project requirements based on an evaluation of the subsurface soil conditions encountered at the subsurface exploration locations ana the assumption that the soil conditions do not deviate appreciably from those encountered. It should be recognized that the performance of the foundations and/or cut and fill slopes may be influenced SCT 18620 February 1 , 1978 Page Fifteen by undisclosed or unforeseen variations in the soil conditions that may occur in the intermediate and unexplored areas. Any unusual conditions not covered in this report that may be encountered during site development should be brought to the attention of the soils engineer so that he may make modifications if necessary. In addition, this office should be advised of any major changes in the project scope or proposed site grading so that it may be determined if additional investigation would be necessary. APPENDIX A Page APPENDIX A SUPPORTING DATA AND PROCEDURES Field Explorations : ,Twenty subsurface explorations were made at the locations indicated on the attached Plate No. 1 on January 3 , 1978 and January 6 , 1978 . These explorations consisted of seven borings drilled by means of a rotary auger drill rig and thirteen trenches dug by means of a backhoe. The explorations were conducted under the observation of our engineering geology personnel. The explorations were carefully logged when made. These logs are presented on the following Plate Nos. 2 through 16 , The soils are described on the attached simplified chart. In addition, a verbal description the wet color, the apparent moisture, and the density or consistency are given on the logs. Soil densities for granular soils are given as either very loose , loose, medium dense, dense, or very dense. The consistency of silts or clays are given as either very soft, soft, medium stiff, stiff , very stiff, or hard. Representative core samples were obtained by means of a split tube sampler driven into the soil by means of a 140 pound weight free falling a distance of 30 inches. The number of blows required to drive the split tube sampler is indicated on the boring logs as "penetration resistance" . The core samples were carefully removed, sealed, and returned to the laboratory for testing. Disturbed samples of typical and representative soils were also obtained and returned to the laboratory for testing. In addition, the in-situ density of the prevailing soils at various locations was determined during our field investigation by means of the sand cone test method (A.S .T.M. 1556) . age The results of these tests are presented on the attached trench logs. I Laboratory Testing Laboratory tests were performed in accordance with the generally accepted American Society for Testing and Materials (A. S . T.M. ) test methods or suggested procedures. A brief description of the tests performed are presented below: a) Moisture-Density : Field moisture content and dry density were determined for each undisturbed sample obtained. This information was an aid to classification and permitted recognition of variations in material consistency with depth. The dry unit weight is determined in pounds per cubic foot, and the field moisture content is determined as a percentage of the soil ' s dry weight. The results are summarized in the trench i CgS . b) Classification: Field classifications were verified in the laboratory by visual examination. The final soil classifications are in accordance with the Unified Soil Classification System. c) Compaction Test: The maximum dry density and optimum moisture content of typical soils were determined in the laboratory in accordance with A.S .T.M. Standard Test D-1557-70, Method A. The minimum density was also determined for each sample tested for maximum density. This test was performed in accordance with A.S.T.M. Test D2409 The results of these tests are presented on the following Plate No. A17 d) Direct Shear Tests : Direct shear tests were performed to determine the failure envelope based on yield shear strength. The shear box was designed W ; ■ T2 T3 •3 ' d I, •63 Q • T KEG-RF...d?lo/V. 4� aeen , - a Q - H2oPO5E0 =LUB•�G.t� � � 0 GdNE � ; � ■T \ � , • T 'T 'T7 • BS - BQ G EG EA/O o •TO - �j • Boe/�/� GaCdTf�>1/S —1� 7 ■ TESTTr T2� vc - Gc�G�7ioNS i e fi 1'225sEz7- scacF / "= soo' FAT P�,anJ a7/T > ne • " 1 "N :: , yv R tit 196o000 rE.ET 116*22'30" m, O '; _ e WeiI L' q C .Well F G S/TE q -s •�_.. ,E... _ _�-.� Wei ax '� V •.�?-Ih' IANOINli CILLO 1 C „'•� `+- Well W'.I zso g 17 J FEET L•- _ � � pia � - i ,� Amil IAQr CBS : UI I Imo, If . .....,`,: 1 1I 1. �f w I II \ tiu •. III II••, I� ' .. • ;j 2 i ` 19 — - zz/ • - ;/ a u '20 �woryyvobu; s - 6I + , Palm Desert SOUTHERN CALIFORNIA T�—► SOIL & TESTING LAB, INC. ll` eT ) v/P� D✓t 7eY <:- C/� SSSO RIVEROALE STREET SAN OIEOO, CALIFORNIA SS'ISO BY DATE JOB NO. 18620' fGd TF_ �l/D. 1-.-1 r.,rcL^JP: Bulk Sar]ple Location Undisturbed Sample Location or SCancard Penetration Test Location Sand Cone Density Test. Location N . Sampler Penetration Resistance , 1 3/8" ID, 2" O. D. Split Tube Samoler; (Iriven by a 140 pound hamper free falling 30 inches (Blows per 6 inches of drive) E : Sampler Penetration Resistance ; 2 3/8" I . D. Split Tube Sampler driven by a 140 pound hammer free falling 30 inches (31nws per 6 inches of drive) Y : Natural Dry Density (ocf) ^, . Natural Moisture Content (" of Y) - DR : Relative Density ($) SOUTHERN CALIFORNIA Desert Sc uire Country Club SOIL & TESTING LAS, INC. SUED Rry ERDALE STREET SAN DIEOO, CALIFORNIA 881aO -- BY CIIC DATE Jan. 3 , 1978 JOB NO. SCT 18620 I' Late 2 - i BORI:iG No . 1 O CI,A .S 0I;SCR1l"I' [i;;1 N E Y .11 SM/ Br-own , Humid to Dry , "edium Dense 32 89 . 3 6 . 0 W i I I tl i,'I'1' 1` I'NI, ";AND w.i r.11 Occasional 38 - MC Snla 1 L y I L,'I' LENS ES 6 9 16 8 19 95 . 1 . 0 17 12 20 16 1� 13 97 . 7 0 . 6 22 20. 2ZI . 14 17 26 28 17 90. 1 1. 7 Bottom 1 129 i i SOUTHERN CALIFORNIA Desert Squire Country Club SOIL & TESTING LAB, INC. 62BO RIVEROALE STREET .AN 0IE00, CALIFORNIA YQ'IQO ----- Is�IRI:NC LOG BY CRB DATE 1-3-78 JOB NO. SCi 18620 Plate 3 GORING NO . 2 O CLASS DE'SCRI 1?-10O,: 1" SM Broom , Dry , Loose to Medium Dense , and Interbedded Lenses of SILTY FINE P1L SAND And SILT Z, 12 81. 6 3 . 7 16 7 SM Brown, Drv, Medium Dense, SILTY 9 Wit SAND With Occasional Thin Lenses ML of SILT 15 22 92 . 3 1 . 0 "6 18 12 Bottom 13 7 SOUTHERN CALIFORNIA Desert Squire Country Club SOIL & TESTING LAB, INC. 8280 RIVERDALE STREET SAN 01EGO, CALIFORNIA 88100 - - RY CRB DATE Jan. 3 , 1978 ,MZI:NC LOG JOB NO. SC 18620 Plate 4 BORING CLA SS D13SCRIPTION N E 1' M 0 SM Brown , humid, Loose , Interbedded and Lenses of SILTY FINE SAND And 6 2 PILL S LL.T 9 80 . 3 2 . 1 I 4 .` Witt Brown , Humid, Medium Dense, 10 Slightly SILTY FINE SAND With 13 ML Occasional Thin Lenses of SILT i 6 : 8 12 12 91 . 1 0 . 6 l � 1<1 Dry , Medium Dense 17 15 16 ML Brown , Dry , Medium Stiff , SILT 18 wit With Occasional Lenses of 29 . . Sp Brown , FINE SAND 50 20 22 15 SM Brown , Dry, Medium Dense, 15 " witl SLIGHTLY SILTY FINE SAND With 26 ML Occasional Lenses of Brown SILT 16 28T 25 30 SOUTHERN CALIFORNIA Desert Squire Country Club TSOIL & TESTING LAS, INC.0000 M VEROALE GTREET N BA OIEOO, CALIFORNIA 0E120 BORING LOc; BY DATE . an . 3 , 1978 JOB14cr SCT 18620 Pla_e 5 BORCNG LOG NO . 4 ' C ' (' 'S DESCRIPTION N E y M M Brown , Ilumid to Dry , Medium Dense ith PINE SAND With Occasional Lenses 05 . 2 6 . 5 L of Brown SILT 25 50 23 22 6 "'0 99 . 4 15 . 4 i 27 8 112 13 13 1 16 18 11 96 . 0 5 . 7 13 22 Loose Pocket 3 3 24 Medium Dense 10 26 14 28 17 97 . 4 3 . 1 Bottom 30 SOUTHERN CALIFORNIA Desert Squire Country Club SOIL & TESTING LAB, INC. SQSO RIVERDALE STREET SAN OIEOO, CALIFORNIA 80190 BORING LOG BY CRB DATE Jan . 3 , 1978 JOB NO. Plate 6 SCT 18620 BORING NO . 5 CL.nsS DL:SCRIPTION r Y M SM Brown , Humid to Drv , Medium Dense SLI..CITLY SILTY PING SAND, 11 12 6 SM Occasional SILT Lenses • wit ML 8 10 88 . 5 1 . 4 12 i 12. IZ11 8 7 16 8 21 33 85 . 4 0 . 9 20 -22 . 24 12 17 26 15 2S 34 96 . 0 0. 4 Bottom 3 SOUTHERN CALIFORNIA Desert Squire Country Club TL, SOIL 8 TESTING LAB, INC. e2SO RIVERDALE STREET BAN OIEOO. CALIFORNIA 02190 --- '''BORItU., LOG BY CRB DATE Jan. 3 , 1978 J08 NO. SC'L' 18620 plate 7 i I BORING LOG NO . 6 CLASS DESCRIPTION N E Y M U . SI Brown, Humid to Dry , medium Dense 10 SLIGHTLY SILTY FINE SAND 17 101 . 3 . 0 — — -- 2 Loose 2 6 Medium Dense S g 6 7 10 . 12 15 24 94 . 3 0 . 7 16 8 11 2 SOUTHERN CALIFORNIA Desert Squire Country Club SOIL & TESTING LAB, INC. SQSO RIVEROALE STREET :lAN 01200, OALIFURNIA S@'1o0 BY CRB DATE Jan. 3 , 1973 BORING LOG JOB NO. SCT18620 8 BORING LOG NO . 7 O CLASS DI;SC2I PIP�ON N E Y M SM Brown, Ilumid , Medium Dense, LI(i11TLY SILTY FINE SAND 11 54 . 6 3 . 8 �1 19 6 . 8 7 6 10 12 1- 10 21 88 . 3 2 . 5 16 18 9 16 20 22 9 24 14 26 Oisp Occasional SILT LENSES with ML 28 30 SOUTHERN CALIFORNIA Desert Squire Country Club SOIL & TESTING LAS, INC. BQSO RIVEROALE STREET BAN OISOO, CALIFORNIA 92100 BY DATE BORING LOG CRB Jan. 3 , 1978 JOB NO. SCT 1862', Plate 9 i TRENCH N0. 1 CLASS DI{SCRIPT ION Y M RC Tan to Cray , Moist to Dry SLIGHTLY 90 . 5 11 . 1 89 2 It SM SILTY PINE SAND SP � . 92 , 0 3 . 1 90 4 80 . 2 4 . 2 79 1C 12 III 4 �. .� . TRENCH NO. 2 j O CLASS DESCRIPTION Y M RC Tan to Gray , Moist to Dry , SLIGHTLY I' I ' SP SILTY PINE SAND 103 . 11 . 88 . 1 3 . 1 4 I . 81. 1 2 . 0 6 I � a III ICI 10 1 i 12 ICI { 14 I I SOUTHERN CALIFORNIA Desert Squire 5� SOIL & TESTING LAS, INC. SO" RIVEROAIE STREET SAN OIEOO, CALIFORNIA 92190 ----- — ---- CY DATE ---- TRENCII-BORING L,OG J,) JOB NO. SCT 18620 Plate 10 Tf2ENCH 'N0 . 3 G CLASS DESCRIPTION .1 M SM Light Brown , Humid to Dry , Medium 92 . 6 8 . 7 Dense to Loose , SLIGHTLY SILTY SAND 2 - SILT Lens (Wet) zr- - 84 . 9 2 . 0 SILT Lens 96 . 8 3 . 1 cg 10 •,2 14 TRENCH NO. 4 ODESCRIPTION Y M M Gray , Humid, Medium Dense , SILTY 91. 4 5 . 3 L Light Yellow Gray , Dry, Medium Stiff Sandy SILT With Pockets of SAND 68 . 3 5 . 3 , ,; (Horizontal bedding) 71 . 1 4 . 2 6 8 . SM Gray , Dry , Loose, SILTY SAND 10 ML Light Yellow, Dry, Medium Stiff , SILT 12 SOUTHERN CALIFORNIA Desert Squire SOIL & TESTING LAB, INC. NQSO RIVE-OALa STRLET SAN DIEOO, CALIFORNIA 90120 BY DATE TRENCH LOG JJ JOB NO. SCT 18620 Plate L1 ITRENCH NO. 5 Y M RC DR C ML Brown, Wet, Near Surface to Humid 70. 6 33. 3 , 75 61 2 and Dry Below Two Feet 4 68 . 8 8. 7 73 57 6 71. 1 5. 3 76 62 8 10 12 14 TRENCH NO. 6 O CLASS DESCRIPTION Y M i SM/ Brown, Wet, Loose, SILTY FINE SAND 76. 5 19 . 0 ML And SANDY SILT MIXTURE Tan to Gray, Dry, Medium Dense, SILTY 2 . 6 3. 1 SM FINE SAND With Interbedded SILT d ' Lenses 5. 6 2. 0 6 8 10 12 14 I30'1JTHSRN CAL iFORNIA Desert Squire i SOIL & TESTING LASS INC. 1I 0080 RIVERDALE 8TR!!T aAN 01000. CALIFORNIA 08120 Trench Log 8Y JJ DATE Jan. 6 , 1978 JOB NO. SCT 18620 Plate 12 TRENCH NO.- 7 e O CLASS DESCRIPTION Y M SM Tan to Gray, Medium Dense, SLIGHTLY 91. 5 7 . 5 SILTY, FINE SAND With Interbedded I .I . SP Lenses of SILT 88 . 0 3. 1 4 I 96. 0 2. 0 10 14 TRENCH NO. 8 SM Gray, Moist, Medium Dense, SILTY, 103. 9. 9 Medium to Fine SAND 2 ML Yellow Brown, Dry, Medium Stiff, SILT 68. 1 7 . 5 4 With Pockets of SAND 78. 1 3. 1 6 8 ML Alternating Strata of Yellow Brown, and Humid to Dry, Medium Stiff SILTS and SK Gray, Loose to Medium Dense, SILTY 1O FINE SANDS 12 14 SOUTHERN CALIFORNIA Desert Squire L SOIL & TESTING LAB, INC. ' OQBO PNEAOAL■ •TRINT SAN OIMOO. CALI'ORNIA 08190 TRENCH LOG BY ITJ DATE Jan. 6, 1978 JOB NO. SCT 18620 Plate 13 TRENCH NO. 9 0 CLASS DESCRIPTION Y M RC DR SM Brown, Humid, Medium Dense, Medium to Fine SAND 00 . 6 8 . 7 2 ML Alternating Strata of Yellow Brown 78 . 3 11. 1 78 64 4 and Humid to Dry, Medium Stiff, SILTS ISM And Gray, Loose to Medium Dense, SILTY FINE SANDS 6 74 . 7 6. 4 74 56 8 10 12 ` : 14 TRENCH NO. 10 O CLASS DESCRIPTION Y M - ISM COMPACTED FILL 94 . 1 17. 6 2 Light Brown, Humid, Medium Dense, SILTY SAND 97. 1 12 . 4 4 6 - 08. 8 7. 5 8 12 . 1 14 Natural Ground Not Encountered 80UTHERN CALIFORNIA Desert Squire SOIL & TE8TIN0 LAB# INC. laBD RIVERDALE STREET BAN DIEOO. CALWORNIA 001140 TRENCH LOG 8Y JJ DATE Jan. 6, 1978 JOB NO. SCT 18620 Plat-P I' d t TRENCH NO. li O CLASS DESCRIPTION Y M SM COMPACTED FILL L08 . 9 10 . 5 $P Brown, Humid, Medium Dense, SILTY SAND 07 . 2 10. 5 I. 02 . 7 6. 4 I.I � 12. .1 . Natural Ground Not Encountered 14 TRENCH NO. 12 0 CLASS DESCRIPTION Y M ML Alternating Strata of Yellow Gray, an Humid, Medium Stiff SILTS and Gray, 67 . 7 8'. 1 2 . SM Loose to Medium Dense, SILTY SANDS 86. 9 6 . 4 4 69 . 4 5. 8 6 8 10 SM Gray, Dry, Loose to Medium Dense SILTY SAND 12 14 SOUTHERN CALIFORNIA Desert Squire SOIL & TESTING LAB. INC. •o&O RIVEROAL! ■TRENT BAN DIEOO, GA LIFORNIA 08140 BY DATE TRENCH Log JJ Jan. 9 , 1977 JOB NO. SCT 18620 Plate 15 TRENCH NO. 13 w T ~ CLASS DESCRIPTION Y M RC DR 0 L Brown, Dry, Soft, SILT With 76. 9 4 . 3 ORGANICS 1 2 . SM/ Light Brown, Dry, Loose I. SILTY�'. SP FINE SAND 84 . 5 9 . 3 4 � Gray , Dry, Loose, SANDY SILT 6 ML 80. 3 9. 2 80 50 8 M Brown, Dry, Loose, SILTY SAND 1 SOUTHERN CALIFORNIA Desert Squire SOIL 81 TESTING LAS, INC. EEEO. RIVERDALE STREET BAN 01000. CALIFORNIA 021E0 Trench . Log HY JJ, DATE Jan. 9 , 1978 JOB NO. SCT 18620 Plate 16 MAXIMUM DEN -jY & OPTIMUM .MOIS , JRE CONTENT ASTM.155.7-70 Method:----A... ....... Minimum Maximum Optimum SAMPLE DESCRIPTION Density Density MoiStyre ( cf) Cont.(04) Tan to Gray T1@3-3 . 5 Slightly Silty Fine Sand 81. 0 101. 8 11. 0 Light Tan T3@2-2 . 5 Silty Sand 61. 0 104 . 2 20. 8 Light Brown T3@5-5 . 5 Sliqhtly Silty Fine Sand 84. 6 103 . 4 12 . 2 Brown T5@5-5, 5 Silt 50. 8 94 . 0 22 . 5 Yellow Brown T9@3-3 . 5 Silt 56. 3 100. 8 20. 5 Light Brown T10@2-2. 5 Silty Sand 78. 5 117. 0 9 . 1 Gray T12 3-3 . 5 Silty Sand 75. 2 104. 6 9 . 5 Gray T13 5-5 . 5 Sandy Silt 66. 6 100. 5 14. 5 Brown B2@5-6 Sliqhtiv Silty Fine Sand 55. 6 115. 9 13. 2 SOUTHERN CALIFORNIA TESTING Desert Squire ^�. LABORATORY, INC. 6280 RIVERDALE STREET SAN DIEGO. CALIFORNIA 92120 714-283-6134 ey CHC DATE Jan. 9 , 1978 toe No. SCT 18620 Plate 17 DIRECT SHEAR TEST RESULTS ' ANGLE OF I COHESION SAMPLE DESCRIPTION INTERNAL INTERCEPT FRICTION(, ) ( sf) B1@1. 5 Undisturbed 38 0 B2@4 Undisturbed 32 . 5 0 B2@5-6 Remolded to 90% 32. 5 0 SOUTHERN CALIFORNIA Desert Squire SOIL S TESTING LAB, INC. SSSD RIVERDALE STREET iSAN DIEDO, CALIFORNIA SS'ISD BY CHC DATEJan. 9 , 1978 JOB NO. SCT 18620 plate 18 GRAIN SIZE ANALYSIS AND ATTERBURG LIMITS 1@3-3. 5 T3@ T5@ 8@ T9@ T12@ SAMPLE 2-2 . 5 5-5. 5 3-3. 5 3-3. 5 3-3 . 5 6" 4" 3" 2" 1%2„ m x w 4 � N 3 a z #4 a r w a LL N #8 ee ' #16 z #30 100 100 100 100 100 0 #50 88 98 100 99 98 98 #100 37 87 99 99 93 64 n200 7 78 99 97 83 24 'x .05mm 79 0 w 2 005 mm Iz 16 0 _ .001 mm 8 LIQUID LIMIT .PLASTIC LIMIT PLASTICITY INDEX UNIFIED CLASSIFICATION SM/SP ; �'nQi�otinin Desert S,'uire'nutt7e,an S� ( BY JJ DATE TJC^,fip(j `. n(ImOfOh1j , 911u. JOB NO, SCT 18620 Plate 19 GRAIN SIZE ANALYSIS AND ATTERBURG LIMITS SAMPLE 13@ r9@ B1@2 B2@1 B3@23 6" 4" 3" 2" w f W 3 x (N 3 a 8 m' z < #4 w � Z-L ui #8 #16 z g 1t30 100 100 100 0 a a: 450 100 100 96 97 99 #100 96 99 , 52 71 87 4200 73 94 13 47 57 .05mm w p 005 mm Cc a x 001 mm LIQUID LIMIT PLASTIC CWT PLASTICITY INDEX UNIFIED CLASSIFICATION SOUTHERN CALIFORNIA Desert Squire SOIL & TESTING LAB, INC. BY DATE SEED RIVERDAL! STREET Jan. 9 197 { ■AN DIEDD, CALIFORNIA 111191213 ,tOB NO SCT 18620 . .__�MEN ss ME MON MON 1amn ME MIMMIMMUMM MOMIMIMM ME REMNIMMIMMIMIUMMOM ME MUNEMEN mom MIME momm so JIMEN Jill w1hoommmmim ME MAE - MENEM ME ASS mm SC�CCS SEE �_-■ MOM _ ____-■■_�_____ _MMmmmm_S-■■��_Y__-■■-_Y■_ IMUM WOMEN RMIMIUM MIUMMIM MOW ASS:___-MM��=5o �■■mommimm IMMMIMNm S am �_____-■■Y__ ____ ■■_��YI_-■■■ MUMMIMIUMM_______-..Yam___-___...Y___-■ MIUMMENwIWIMMMI sSS-ii�Si■�i�ww__iii�Si�ias Desert © = •. • � • . : NO. SCT 18620 , UNIFIED SOIL CLASSIFICATION CHART 4 SOIL DESCRIPTION GROUP SYMBOL TYPICAL NAMES 1. COARSE GRAINED, More than half of material is larger than No. 200 sieve size . GRAVELS CLEAN GRAVELS GW Well graded gravels, gravel- More than half of sand mixtures, little or no coarse fraction is fines. larger than No. 4 GP Poorly graded gravels, gravel sieve size but sand mixtures, little or no smaller than 3" . fines . GRAVELS WITH FINES GM Silty gravels , poorly graded (Appreciable amount gravel-sand-silt mixtures . of fines) GC Clayey gravels, poorly graded gravel-sand, clay mixtures. SANDS CLEAN SANDS SW Well graded sand, gravelly More than half of sands, little or no fines. coarse fraction is SP Poorly graded sands,gravelly smaller than No. 4 sands, little ' or no fines. cieve size. SANDS WITH FINES SM Silty sands, poorly graded (Appreciable amount sand and silt mixtures . of fines) SC Clayey sands, poorly graded sand and clay mixtures. il. FINE GRAINED, More than half of material is smaller than No. 200 sieve size. SILTS AND CLAYS ML Inorganic silts and very fine sands, rock flour, sandy silt or clayey-silt-sand mixtures with slight plast- icity Liquid Limit CL Inorganic clays of low to less than 50 medium plasticity, gravelly clays, sandy clays, silty clays, lean clays. OL organic silts and organic silty clays of low plasticity SILTS AND CLAYS MR Inorganic silts, micaceous or diatomaceous fine sandy or silty soils, elastic silts. Liquid Limit CH Inorganic clays of high greater than 50 plasticity, fat clays. OH organic clays of medium to high plasticity. . HIGHLY ORGANIC SOILS PT Peat and other highly organic soils . SOUTHERN CALIFORNIA TESTING LABORATORY ! APPENDIX B, PAGE 1 JOB NO. SCT18620 DATE Jan. 9, 1978 b RECOMMENDED GRADING SPECIFICATIONS GENERAL PROVISIONS GENERAL INTENT The intent of these specifications is to establish procedures for clearing , compacting natural ground, preparing areas to be filled, and placing and compacting fill soil to the lines and grades shown on the accepted plans . The recommendations contained in the pre- liminary soil investigation report and/or the attached Special Pro- visions are a part of the Recommended Grading Specifications and shall supersede the provisions contained hereinafter in the case of conflict . INSPECTION AND TESTING A qualified soil engincer s:iall be employed to inspect and test the earthwork in accordance with these specifications . It will be ne- cessary that the soil engineer or his representative provide ade- quate inspection so that he may certify that the work was or was not accomplished as specified. It shall be the responsibility of the contractor to assist the soil engineer and to keep him appraised of work schedules , changes and new information and data so that he may make these certifications . If , in the opinion of the soil engineer , substandard conditions are encountered (such as questionable soil , poor moisture content, in- adequate compaction , adverse weather , etc .) , he will be empowered to either stop construction until the conditions are remedied or corrected or recommend rejection of the work. Soil tests used to determine the degree of compaction will be per- formed in accordance with the following American Society for Test-. ing and Materials test methods: Maximum Density & Optimum Moisture Content : A .S .T .M. D-1557-70 Density of Soil Sn-Place : A.S .T.M. D-1556-64 PREPARATION OF AREAS TO RECEIVE FILL All vegetation, brush and debris shall be removed, piled and burned or otherwise disposed of . After clearing , the natural ground shall be scarified to a depth of six inches , brought to the proper mois- ture content , compacted and tested for the minimum density specified APPENDIX B , PAGE 2 JOB NO. SCT18620 DATE Jan. 9 , 1978 i 0.. in the Spo vial Provisions or the recommendations contained in the preliriin,,Ly sjil investiyation report. When the slope of the natural ground receiving fill exceeds 20 per- cent ( 5 horizontal units to 1 vertical unit) , the original ground shall be stepped or benched . Benches shall be cut to a firm compe- tent soil condition. The lower bench shall be at least ten feet wide and all other benches at least six feet wide . The horizontal portion of each bench shall be compacted prior to receiving fill as specified hereinbefore for compacted natural ground . Ground slopes flatter than 20 percent shall be benched when considered necessary by the soil engineer . FILL MATERIAL Materials placed in the fill shall be approved by the soil engineer and shall be free of vegetable matter and other deleterious sub- stances . Granular soil shall contain sufficient fine material to fill the voids . The definition and disposition of oversized rocks , expansive and/or detrimental soils are covered in the Special Pro- visions . Expansive soils , soils of poor gradation or strength characteristics may be thoroughly mixed with other soils to provide satisfactory fill material , but only with the explicit consent of the soil engineer . PLACING AND COMPACTION OF .FILL Approved fill material shall be placed in areas prepared to receive fill in layers not to exceed six inches in compacted thickness . Each layer shall have a uniform moisture content in the range that will allow the compaction effort to be efficiently applied to achieve the specified degree of compaction. Each layer shall be uniformly compacted to a minimum specified density with adequately sized equip- ment , either specifically designed for soil compaction or of proven reliability . The minimum degree of compaction to be achieved is specified in either the Special Provisions or the recommendations contained in the preliminary soil investigation report . Field tests and inspections to check the degree of compaction of the fill will be taken by the soil engineer or his representative. The location and frequency of the tests shall be at the soil engineer ' s discretion . In general , the density tests will be made at an inter- val not exceeding two feet in vertical rise and/or 500 cubic yards of embankment. SEASON LIMITS Fill shall not be placed during unfavorable weather conditions . When work is interrupted by heavy rain, filling operations shall APPHNI11N B , PAGE 3 JOB NO. SCT18620DATE Jan. 9 , 1978 lot he resumed until the proper moisture content and density of the Lill huS been achieved . Damage resulting from weather shall be re- paired before acceptance of work. UNFORESEEN CONDITIONS In the event that conditions are encountered during the site pre- paration and construction that were not encountered during the preliminary soil investigation, Southern California Testing Lab- oratory , Inc. assumes no responsibility for conditions encountered which differ from those conditions found and described in the pre- liminary soil investigation report . - I " APPI:A D1X C JOB NO. SCT18620 DATE Jan. 9 , 1978 RECOMMENDED GRADING SPECIFICATIONS SPECIAL PROVISIONS The minimum degree of compaction to be obtained in compacting natural ground, in the compact fill, and in the compacted Dackfill shall be 90 percent. DeLrimentally expansive soil is defined as soil which will swell more than three percent against a pressure of 150 pounds per square foot from a condition of 90 percent of maximum dry density and optimum moisture content to saturation. Oversized fill material is defined as rocks or lumps over six inches in diameter. At least 40 percent of the fill soil shall pass through a #4 U .S. Standard Sieve. Transition Lots : where transitions between cut and fill occur within the proposed building pad, the cut portion should be undercut a minimum of one foot below the base of the proposed footings and recompacted as structural backfill. .. ._ L a aSd _ - >5. _ Is n E.. . v a.. �.,,.. .:....;, .c.. x. .. ': ram. _ 'a> � r t f : + t 7 s w 9 _. Y 7 . ... -fit.. >- - `t• ., k _, ra #., ,...... t. _ _ y , , :... t..,.. " .a Fk. K ., ,.x # s (— ",' ,- ,<. �s to ���. > , S j e y .f .. a: , ,. ... w. :s ; ..qu ., _ , � w , .. r_. a . r Q ,; €� . t w , ,. , .. a... R d,. ,1 � 12;44 vsl ..., T.rt. ;.. :i -. a t..,>.. c e-.. ,, e,_ : f♦ ,> .� k... „ .. �g:�:.a ..,. ... :a, x _�. ...X'1 r.,. ,..,.':,....•P. ,:..:. ,f '$-. V :/... 912 -.. a .. _ •te=-:. .... lk ,. >.. Y.>:wir ( u_... , ..., ,. ,. a... :. 1:a a t ,: _,: v , >. r... ., ., -l<. 1 I- 1' a. .-.:. .. , -h,.., , ,. .. - — e .. w.,.. , \ - 1. a,. ,m,. .,:- .s.::- ( s'I , -, - o. ... ..a 1.. , , ..- ,. .i. - 1 c >- { tl� 3 " , ..r « t' '' „ x t ... y -. _ . t s.: ," '' ,_ y - , , 1 ♦ a� ,, -a: - " ..,. ,.v,5. ,...; v.. _, .. .r, �e • 3 . . , F -t, „ a_ r�, _- 9t a, .. x. a .- '" �' 1 t: l, !- A . , _, , -- ` —_ — I'll { N /� 1' r ' '� _ - ,.- , , , _ : - _ - �-.._,. _.. _ ' - - _ _ - - -: A;: �, Iry 1 - , , z/f �: /T �. .._ _ __` '. . y, �l I I � - - I I I 11 . - - -- I . . .- p --- M,7�� _- , - - . -4 , , q;;; . -. - , I ; x - . . ::n i�� - L , - - , //P,i T - tk..*10 A I. I — -Ix . . _ I I � - � I I I I , � I • �'� . I 11 - 1, Ej��X -, j -- '� r I I = iL�' , , . - I . E . - - Is, i ll� I 1� - . . - � � —,N� - i I - . -- — I .- . . - „ • .. • ,: ♦ ♦, .. , : __. p _ z: t �- —•�-+ , - . , -, • .,_ i , --- r �: ' . . . _ , .• �u _ - � , /.. �: . T , i I 1, :� I I 1, . I I I I . : N . .. . . I I . �l I .I I . � . - . � 1. I, . . - I " ) . I -.: I �'. , �, . < I I . s 5'. - - : ? - . — — I I- I I E- —, ' . .. . �— . 11 � : P . . .� t — �13 e s I ` ,, - ,:,, -- t , . 4 / / � / f , rF i , , / . OY Ike I- \ / ' r r _ w 1 ", .,: ' r: , - , ., _ r _ • ,. , _ • _ . v , k �z 3 , r i. fj{r - ; _ � ! . y . , I ' a ♦ , • i I! - : , - - : i ..,- _. , / • x, _ ,. a} s.<. - ` ..11. _x ., . t${. 1-"r _ . - -1 . ,I ,- ;, T � I .-�.I 11 I � � i Y�<> i R✓ G�/2.2 -�- Q I :�� � 0 . I I . I . ." `�p : '/l i ,, ,.. , , ,5'. / �t _F r v .... x: -. jam j//T /C//�..r .,! ..s _ �// _ \D I h r _, 7 _ / / r\ r .-;,,, - —1 — I y 11 % � - > .. / r4 � . � -­4 �:,�� � I >1 , �f � k -- �y/� i ''`� t I t � ;i ,. i ;*+iy t tI - , , —,",—,-�- �. --�—�-; ',.,_, ' � / ``� Al ,� � - 1� . I , - 1� � . i� � - i:: ,;,, f „ - . ; t _ I —r.A- I 4- lit.�r�1 w µ I - . ,: . - - '` _ I H ��497 1 - __ r - - Y - - _ _ _ -- _�._--- - - - - -- _ --Y I,I .,v,_,4 .._- - - _ -- — _ _ . / - - — , - r ] d - r 1 .` _ X •"4'• _ - .:..- . _ ,. ,.. .a � .� .. -. .: .. - `,: / .. .e ." �. 4" •" 'ems/ - i. 'ems/ I � ix b / �, ->.,, --� ,. J - . - Y, . } ,x f - . , - �• _ �. _ J� - .. .. - � , ,..E— I�� � I . r �. 1 � 1*1� I I - . I - -1 I * � �l 4,1 \\\ / ...d[ / � ...�..��__ r I — l' r �°' - I � � ,- -1 � . I � - - I � I ,,�fi� , - ,. _ - �,� I ll� �- ,I '. 1 r I . ,.. � � ,-� } , I I ; : - ,,4 ,� -. -, � 1, — ,: s i. __. 1� - ". , ��l � "�I � '— I — , r Ivb I � . �- .. . . . -- .I , . 11 . . , IF , --, — 't— .. .r .r 1 "- ; I I I - I I i k� -1 I "A I , � I 1 '- '- , � -1 I I 11- 1: 11 i I � I - "I. I �ll�.0 I 11 � , , �— , - I -" iI 1. . t, � f • . I .1 `� =� . , .11' '. . - - � It-- — _ �� i r W I? A s \ . .1 I .0 AI 1� I -- I _11 ..i;t A I A-1 " / -- , .__ - ��_ ,r - �5 E p I , ... _ :x - ` _> \ ,� j 1 � t i N, ' It ­ 4 < I 11+ 1l4- 1112,E _ . , I �- ), I . I I L _ r. , . � x..yc , 41) : - - I - i .' F` ; I a , • . I :- B�. . lar �.t,/ , - �c I • - - ZO moo' s . ',:. k i %, it _ - _ __ - -,:. 5 .. s '�" , 3 - _ I — - , 1, t i — � � < , �� - � , , - - �*,-,-;� � �, - -*-�-� . . , I � E 0 i I .���5 j I —�—- - , , , ..wa 1't a 1 . f k > _� ,<. , t ��� � ,�. , , . . , . "S'll., -- i �, ,. _. i - . V 11 — , -\ - - `\ . - 1- tI I , 1 L -0 ^Y I. :f,K 1 ` V , i- — _j 4 . 1 '' „. G�►�r2l�IE�'N '� I I I I � ��.. * � I �� �Q ib L � �7X _ _ - ,_ Z __ __r . . i S'j.yam'10�� _.cm:c9==:::Z===:m�l - r : �7�9�17 s 4 , 4}}. - f' - L.- - 3 1984 ENVIRONMENTAL SERVICES §l . , - _ i - - CiTY 01' PALM DESERT —?,-- - � Z—zz�)�5C— - ,, �. / . -' , / _.- r_.=-._= _ ..__ _ v __. _. _ �5 S �X 74 K/ ra-Y�i Al1c -11 /ex7l ti �- ., �� -------- - -_ 2 ,� T - I A� gI7,�c7 , GGi4��iS�G Qc%4 Y Gff/7oGT.S q r. ' ♦ �4L -, t- 7 ��l S �. I I " I � � - . I I . I I - I I � *: (- . I I � - � -- I t, . �— ,_ ,�,�,_:l' I � I I I � -1 ; � I I 11 11 I 11 - 71 � I - , , � — - I , �%�lll I � , I I I 11, rI --l' I � : — I I I � I 11 , , I I I v %"-� P" — � I , , , I I I � ,� . 11 I - I — ,- I - I � I I. 4tI t> - . I. � I I . - � . ", �� � — � . . . � `�,� I �� I I I I ,' I � � . � . I . �-�.5,�--' � . I . � 1-1- I , , ,� I . I �, -- , L , . - ...� - �- — I�; I I . . F . _I - I . I . . I ';f 1. .�,� ,— , - = g -�x ,Ir 1 , - 1— , , l 4 yr - � o 41 rj r 41 14 ) / 1 ' 1 , � � ) ) rR- ACr IV-P 1954Pm7 ,ya. 07,/ez /oB y is ► +i'l_ i IN THE CITY OF PALM DESERT i`t \ . � ab.v fTES/DENTAL eartoir�cs ��', R� ;' R�. + � ) �� SE ONE LOT SUBDIVISION FOR CONDOMINIUM PURPOSES ON :� `� � � ,.. �� ; I: �� � BEING A PROPOSE D LOTS 53 THROUGH 59 INCLUSIVE , OF TRACT 11454 , AS SHOWN BY - �} '� I U F �- _ � I ► ' � t MAP N FILE I N BOOK 97 PAGE 8 � THROUGH 108 . I NCB S I VE , 0 �•$ � , ' 86•a ` !, 74 ` MAP , RECORDS OF RIV = RSIDE COUNTY , STATE OF LALIFORNiA 1 � � �. � � STy ) �✓ �. i AM=-+ =err:� t —j— - - -- �i' � I �-. - _ '..j { ! q6•s r ��,.,,�TE� _ -- - - -. - - - - - }r°' .4, `\ I t OCTOBER 1 9 8 3 gti,2- EXIST q�•�,�tE�ENT��' I � � a� L11 'I l,� \ �f w l rPo�T — e \',� - J \ 0 BY .\ __ _ ` I r v \�1 , , PREPARED Warner Engineering �1 ssa t I `� I L 1 �� � ' ^ V !j' -•� --, 7245 Joshua Lane , Suite A 1V ; - �-- Yucca Val Ley , Ca . 92284 AREA: Phone : ( 619) 365-7638 NET AREA : 4 .05 ACRES r � O17.0 fl OWNER I)E%IFL.OPiR i I7 l 1 ' Mike Homme �� J r ps• P . O . Box 25 t3 Palm Desert , Ca . 92260 4 - 3 6 4 7--, Phone . ( b19 ) 3 6 NOTES 1 ) PROPOSED NUMBER OF UNITS : 12 .A ` Currey & Riach Company —— —— — — — —Rs-+— �• —- — �s .4 t a 1 r �—, �� 23480 Park Sorrento , Suite 206B Calabasas Park , : a . 91302 2 ) SEWAGE DISPOSAL: COACHELLA VALLEY 0 I' 8S•8 j Phone : ( 213 ) 868-6800 WATER DISTRICT oU0 E 1S � J � - i . ( J� 7f k I t i Ks* SrRET.SEC i \ c� ( r05 cp i ASSESSOR ' S PARCEL NO ' S ` f �, ,� as• oEra�� v�.� L (�\ `. _ 622-075-09 Chru 14 & 24 ..O4s' vn.bV s - - - ' i- A P6 R¢ E,� ., • LAND USE f 6' _ 9s•9 Ab i 8e.c g`. r.a ktd yi`. PRESENT - acant NOV 1 i33 v PROPOSED - MuI t i Family Residential go, ti .4C Pdl�imlE�VT _ ( Condominium Project ) ENTFCNAIENTAL SEWICES 5 5 / / N /S"6E�YElr' S 5 ✓ CITY OF PA - — - -� --- ---- _ - ----- - - - ___ w_ ___ _ - __.__. .•_ _ _ ... __ __. _ _ _._.---���pr . PALM DESERT �- c- 1 16.A q+� A1.3 F7., Rl. f'ORTOL�4Fk �0.4L,?"• Q�., f,,, �N - , e .� �- \ ,��.1 rA./ t ZONE : _ b s i. '````\\\\ I►M_/`J \ J- •///^�.//`/ ( �/,/`/t'/\I///I C ' ff/ J :1`+' ".:., ,•:,,�c: , rti'', • '...»x'ra ",,..,,.- a"' y`^t"` # r'"%�-:. , ' 7 d'^-" '` b ''-` -,' o , LiCEPAU• x g :., SC.4LZ__/ =60 = 1NbfbX Tr •, T 9 MASONRY WALL k INDICATES TRESS OR BUSHtS . f i�o INDICATES GROUND CONTOUR J U$ILITIES : 't INDICATES TREES WATER. . . . . . . . . . . . . Coachella Valley Count Water District -- u- INDICATES EDGE OF r f 5EWER Y PAVING P . O. Sox 1058 .NOiI/TE�Ey .4l�ENlJE Coachella Valley, Ca . 92236 ( --- ) INDICATES BEARINGS AND DISTANCES Phone : ( 619) 398-2651 WHICH ARE RECORD PER TRACT NO. 11454 y CG ELECTRICITY . . . . . . . Southern California Edison Company ._ Mp/VtERE ,� 36100 Cathedral Canyon Drive INDICATES PROPERTY LINE OR TRACT BOUNDARY 4 Cathedral City, Ca . 92234 v Phone : ( 619) 324-4691 �Q Q GAS . . . . . . . . . . . . . . . Southern California Gas Company a' V P . O . Box 1986 Palm Springs , Ca . 92262 v v riz� Phone : ( 619) 327-8531 T9LEPHONE . . . . . . . . .General Telephone Company � � • r3 83-793 Avenue 47 J � Indio , Ca . 92201 _ V Phone • ( 714) 347-2711 POlPTOLA .4vEN!/E SITE-' % Nov - 1983 ENVIRONMENTAL SERVICES 7yp• -C"lurb , 2iz 14.C. Povement CITY OF PALM DESERT nor ro sc,4tE 20 TPP/CA& S1' RESET srcr/ON era � so3s rr - .. „L .. . .._,,-.,.. i.«..aar n►...ar_,a..am.a....u ►cx.•.rc.v+e x.•acc .ar,..... r.swr+«s.Wt-a,a.s.,tl.,TwY., vrs„a. 4e:- �.�c #�z..eaY