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Home My WebLink AboutTT 20919 PP 85-14 SHADOW MOUNTAIN DRIVE/CONDOS 1985 PRECISE PLAN TENTATIVE TRACT�e--)Z�2 — ZONE CHANGE PARCEL MAfJ— VARIANCE U.U.P. REFER TO: APPLICANT: LOCATION : �,� � � i��r: tea,— PF`�a�, ��.inir .14 (�✓rr ;. REQUEST' EXISTING ZONE:— PREPARATION PROGRESS DATE BY COMMENTS APPLICATION RECEIVED LEGAL PUBLICATION SENT NOTICES SENT s- -5i ses FIELD INVESTIGATION DEPTS. NOTIFIED BUILDING ✓ ENGINEERING v FIRE r/ _ POLICE RECREATION & PARKS P SCHOOL DISTRICT DIVISION OF HIGHWAYS 20�1 5 I FLOOD CONTROL PRELIMINARY MEETING s-ay s/ts STAFF REPORT s-- zv sf1s FINAL PLAN APPROVAL PRECISE PLAN (6) LANDSCAPING PLAN (5) _ PLAN. DIRECTOR MOD. (6) HEARINGS & ACTIONS DATE ACTION VOTE REVIEW BOARD HEARING PC. HEARING PUBLISHED PC. PUBLIC HEARING r— APPLICANT NOTIFIED C.C. PUBLIC HEARING ORDINANCE NO. RESOLUTION NO. EFFECTIVE DATE RECORDED FOR DATA- BANK _ ZONING MAP CORRECTED 1 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: JUNE 19, 1985 SANBORN AND RYLEE 250 Newport Center Drive Suite 200 Newport Beach, CA 92660 Re: PP 85-14 an TT 20919 t The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of June 18, 1985. Approved by adoption of Resolution Nos. 1054 and 1055. Carried 4-0. 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, SECR /�RY PLANNING COMMISSIOP RAD/tm PLANNING COMMISSION RESOLUTION NO. 1054 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PRECISE PLAN OF DESIGN AND NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT TO ALLOW CONSTRUCTION OF A 20 UNIT CONDOMINIUM PROJECT , LOCATED AT THE EAST SIDE OF SAN LUIS REY BETWEEN LARREA AND SHADOW MOUNTAIN DRIVE. CASE NO: PP 85-14 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of June, 1985 hold a duly noticed public hearing to consider the request by SANBORN AND RYLEE for approval of a precise plan of design and negative declaration of environmental impact to allow construction of a 20 unit condominium project on a 60,042 square foot lot in the R-3 zone located on the east side of Shadow Mountain Drive, more particularly described as: APN 627-273-001 and 627-273-010 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 an 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 interefere with the use or enjoyment of the 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 ab$ve recitations are true and correct and constitute the findings of the commission in this case. 2. That approval of Precise Plan 85-14 is hereby granted for reasons subject to the attached conditions. 3. That a negative declaration of environmental impact is hereby certified. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of June 1985, by the following vote to wit: AYES: DOWNS, RICHARDS, WOOD & ERWOOD NOES: NONE ABSENT: CRITES ABSTAIN: NONE RICHARD ERWOOD, Vice Chairman ATTEST: RAMON A. DIAL, S creta} /dlg is \ PLANNING COMMISSION RESOLUTION NO. 1054 CONDITIONS OF APPROVAL . CASE NO. PP 85-14 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, architectural commission and building permit procedures. 3. Construction of a portion of said project shall commence within one year from the date .of final approval unless a time extension is granted, otherwise said approval shall become null, void and of no effect whatsoever. 4. 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. 5. 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 Palm Desert Property Owner's Association 6. That prior to issuance of building permit the owner (developer) provide the City with evidence that he has paid the required school mitigation fee ($628/unit) to the Desert Sands Unified School District. 7. That the open perking spaces be screened from view by a minimum three foot high wall or other suitable method of screening to be determined by the architectural commission. 8. That the applicant obtain approval of Palm Desert Disposal for provision of trash service. 9.' That the applicant enter into an agreement with the city guaranteeing that the property will voluntarily be a part of any undergrounding district which may be established by the city, including the property in question. The form of this agreerent shall be acceptable to the city attorney and shall run with the land. This condition shall not be applicable to the service lines that lead directly to the building(s) which must be undergrounded. 10. That a six (6) foot high perimeter masonry wall be provided along all property lines except for driveway openings. 11. That a tennis court lighting plan be provided to assure that no light spill over occurs. Department of Public Works: 1. Drainage and signalization fund fees, as required by city ordinance, shall be paid prior to recordation of the final map. 2. Drainage facilities shall be provided, per Ordinance No. 218 and the MaNter Drainage Plan, to the specifications of the director of public works. 1 Department of Public Works: Continued 3. Storm drain construction shall be contingent upon a drainage study by the private engineer that is approved by the department of public works. 4. 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. 5. Complete improvement plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval before construction of any improvements is commenced. The engineer shall submit "as-built" plans prior to the acceptance of the improvements by the city. 6. Landscaping maintenance on San Luis Rey, Larrea and Shadow Mountain shall be provided by the homeowner's association. 7. Complete grading plans and specifications shall be submitted, as required by ordinance, to the city engineer for checking and approval prior to issuance of any permits. 8. Installation of curb and gutter, matching paving and sidewalk on San Luis Rey, Larrea and Shadow Mountain Drive. 9. Offsite improvement plans to be approved by public works department and a surety posted to guarantee the required offsite improvements prior to recordation of the final map. 10. Size, number and location of driveways to public works specifications with only 2 driveway approaches to be allowed to serve this property. 11. Complete tract maps shall be submitted as required by ordinance to the city engineer for checking and approval and be recorded before issuance of certificate of occupancy by building department. City Fire Marshal: 1. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a 2 hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. Fire flow requirements will depend on built-in fire protection provisions of buildings. 2. Install Riverside County super fire hydrants so that no point of any building is more than 250 feet from a fire hydrant measured along approved vehicular travel ways. a. exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. b. curbs shall be painted red 15 feet in either direction from each hydrant. c. hydrants shall not be located closer than 25. feet to any building. 3. Prior to issuance of a building permit, the developer shall furnish the original and three copies of the water system plan to the fire marshal for review. Upon approval, one copy will be sent to the building department and the original will be returned to the developer. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company with the following certification: "I certify that the design of the water system in PP 85-14, TT 20919 is in accordance with the i requirements prescribed by the fire marshal". 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. 6. Additional fire protection requirements may be necessary when the applicant submits specific plans for consideration and approval. 7. Units 1-12 will require an NFPA 13D life safety sprinkler system. l PLANNING COMMISSION RESOLUTION NO. 1055 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP FOR A 20 UNIT CONDOMINIUM PROJECT LOCATED ON THE EAST SIDE OF SAN LUIS REY BETWEEN LARREA AND SHADOW MOUNTAIN DRIVE. CASE NO. TT 20919 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of June, 1985, hold a duly noticed public hearing to consider the request of SANBORN AND RYLEE for approval of a tentative tract map and negative declaration of environmental impact to allow construction of a 20 unit condominium project on a 60,042 square foot lot in the R-3 zone on property located on the east side of San Luis Rey between Larrea and Shadow Mountain Drive, more particularly described as: APN 627-273-001 and 627-273-010 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 an 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 dated June 18, 1985 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. (h) That the design of the subdivision will not restrict solar access. 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. 20919 for the reasons set forth in this resolution and subject to the attached conditions. 3. That a negative declaration of environmental impact is hereby approved. FURTHER, BE IT RESOLVED that the 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. PLANNING COMMISSION RESOLUTION NO. 1055 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of June 1985 by the following vote, to wit: AYES: DOWNS, RICHARDS, WOOD do ERWOOD NOES: NONE ABSENT: CRITES ABSTAIN: NONE RICHARD ERWOOD, vice Chairman ATTEST: / RAMON A. DIAZ, Secr tary /dig PLANNING COMMISSION RESOLUTION NO. 1055 CONDITIONS OF APPROVAL CASE NO. TT20919 Department of Environmental Services: 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all the requirements, limitations, and restrictions of all minicipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 2. 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. 3. 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. 4. 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. 5. 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. 6. All revisions to tentative tract map required by approval of PP 85-14 shall be made prior to recordation of final map. 7. Prior to recordation of final map, evidence in writing shall be provided to the city that the developers have made provisions with the Desert Sands Unified School District to pay local school impact fees as established by the city council. 8. Developer shall pay a fee in lieu thereof, as a condition of the final map, for park and recreation purposes per city requirements. The city shall commit the use of any such fees received within a five year period. PROOF OF ]CATION This spacelsr tCounty Clerk's Filing Stamp (2015.5 L.L.e.) r-: STATE OF CALIFORNIA, — County of Riverside CITY OF PALM DESERT I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to Proof of Publication=of or interested in the above-entitled matter. I am the principal clerk of the printer of the „CASE• NO;,, PP....... and„T'�„2,0.919••• , DESERT POST .................................................... .......................................................... CITY OF PALM DESERT LEOALNOTICE ........................ ..................:..... CASE NO.PP a Ste a newspaper of general circulation, printed and TT 20212 NOTICE IS HEREBY GIVEN Nat a `public hearing will he held before . B t-—W e e 1L 1 ................ theshoo ato Dead"planning Commis and published ....... .......X. SANBORN AND RYLEE for aP I proval of a precise plan of design, in the City of ............. tentative tract map am negative declaration cd environmental declaration County of Riverside, and Which news- pact to allow 20 rnldential condo ! minlum unhs on a M,042 square paper has been adjudged a newspaper loot property,In the R-320.000(3) of general circulation by the .Superior Zone ldcaladon resent eldeol San Lute Rey Avenue between Shadow Court of the County of Riverside, State of Mountain Drive and Larroa Street , 'more particularly described as: 627.273-001 and 627-2M20W California, under the date of.lA/.5.., 19 .64., SAID gralft hearing will be held on Tuesday,Juror 16.1985 812,00 p.m. in the Council Chamber at Palm 83658 Desert Civic Center, 73.510 Fred :C Case Number ................; that the notice, Wam,g Drive, Paton Olsen forma,at which lime am pa. Cali all s. Of which the annexed Is a printed Copy (set Interested persons are invited to at- tend 1 llenge in type not smaller than nonpareil), has hepropsedactionIno heard.if you ha.ym ; YP P , me proposed aclldrt a cobs.y ' been published in each regular and entire may be limited to raising only those issues you or someone else raised issue of said newspaper and not in any 'at the.public hearing described in this notice, or In written con-,; supplement thereof on the following dates, respordance delivered 10 the t0•W It• Planning commission for city ^j council)al,or prior to,the Worm 6/ 7 ................................ hearing. ' RAMO A.DIAZ S I ' eeroary y all in the year 19..8.5 _1pub.oFJune 7,l 985) 1 certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at.......P81m Desert ............................... California, this.?.th....day of.�une 1985 ... Si ature Free COPIae 0f this blank form May be UCured from: CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House 120 west Second St., Los Angeles, Calif. 90012 Telephone: 1213) 625.2541 Pleaee request GEN E R♦L Proof of PllYllcallon when ordering this form. JdWdlf. was.wwD - •(bYr Y-e•otb.M Fftlrud• 1f.r•frr.wf.rT re•....nwna yIq I / �F'4t'.. rwe n.Lr ni.wM Yuwr✓.. var ��J' nr•w. ar•Nr•d..rr w..w �Mr r�'�j�.+ti / � ��i Sr E� ....,:r ».wh.a w IM.ee e'4r�wrtef w'...rev. Q .N...rxru o..rs a....un.L.w •".,wwscrn.•.ua .r..Nwr v. '��. Qtr.MaY W.D W. HMfFNMT-..rMw.�N1Yw i�u. eye..._ • f.1..geA �� I .w 1L � •- Y) 1fN•f4@�IGL. LM.IY YwW W/1W MNw•DNIR.rall a imrt r nMrewT ".**.I toz"aC.. w d e M QtYw �. �t LL; f ' AI.E Y1:1'�J IW(Wela ./ LW ° ° L.M4 � ;• WfR,M.. i rtW f.N.wr uwuau oaw• r%�/ � . .Y.�ny . n)i� ""• I 116 41W t11R rr }O�Y' i e \\. NO L 6EGi1O1') /4H 4'iw.i..w�...iw Gj Q .».� n�ai�i• .. O P� m.0 i .KL ZZ. e VVI�e � � C/ ✓r.�r � P h{Z wlern TY w»T.aee•V ./ � y .w.�. NwuwY tlt tl {r !:ICv-rl 8ee OTN NP LLGLNO + L 19 �1 d I p�J� •Y Q YTYY.e .va4 YIMrf t un.u•.4r ..e,w rrt.......... � YF7i- ^•i .Y t =�.wrwT vW.aa+w....wu.rnr.INrry Y.rtf n}) t gcglwl+a ll♦.yaa •MMa•lL v r P.+•'+✓�N 4u.9..�nee 1 •K'tr•rrtfM}) � W �r rsw•Y wW .« � n� � arr fw..r r+w•«.`. ! � �� •�� e•whf.w °— C �' 10L._�., wrrr•w1, r•.(•fM rw � tce. I w l� r eLw I+bNADoW MOUNTAIN' 12z1ye ' »re•�r . ua.nnc eri.0 Ne u/r Y, 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 85-14 and TT 20919 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by SANBORN AND RYLEE for approval of a precise plan of design, tentative tract map and negative declaration of environmental impact to allow 20 residential condominium units on a 60,042 square foot property in the R-3 20,000 (3) zone located on the east side of San Luis Rey Avenue between Shadow Mountain Drive and Larrea Street more particularly described as: 627-273-001 and 627-273-010 the \ IIIIIIIIIIIIIIIIIIIII L 1 II Illllllli � r--�' S T A T E H I 6 1'I W A YFIT V•.. III DES RT DRIY[ NDRTM �� 1 v N J i J n ro —> a� mE L--� =P A S E 0-� --'-�_ v, I 4 P w ® n L A R R E A E SHADOW M OU N T A I N DRIVE SHADOW MOUNTAIN DRIVE IT[ I I I I I 1 -HSUBJECT PROPERTYJ JOSHUA THE E S T R E E T SHAD W LAKE CH IC ORI _ J U N I P E R S T R E E T < Q v = P I N Y O N S T R E E T ti 6 OI I I I I I I I I I I I I I I fl I � F A I F I R 0 N W 0 0 0 STREE T 7aUD IR In FAIRWAY / 0 LD ENE CN LN SAID public hearing will be held on Tuesday, June 18, 1985 at 2:00 p.m. in the Council Chamber at 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. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Palm Desert Post RAMON A. DIAZ June 7, 1985 Secretary 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (619) 346-0611 CITY OF PALM DESERT LEGAL NOTICE CASE NO. PP 85-14 and TT 20919 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by SANBORN AND RYLEE for approval of a precise plan of design, tentative tract map and negative declaration of environmental impact to allow 20 residential condominium units on a 60,042 square foot property in the R-3 20,000 (3) zone located on the east side of San Luis Rey Avenue between Shadow Mountain Drive and Larrea Street more particularly described as: 627-273-001 and 627-273-010 SAID public hearing will be held on Tuesday, June 18, 1985 at 2:00 p.m. in the Council Chamber at 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. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the planning commission (or city council) at, or prior to, the public hearing. PUBLISH: Palm Desert Post RAMON A. DIAZ June 7, 1985 Secretary 73510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NIO(S): FP 85 - 1 z� t Tj -2v 9 19 PROJECT: �a d2F5lC�enTl/t(, CO A) ADnrjln,11*6e yt S APPLICANT: Sgn�RoRfJ t. RILee- 250 IJ"W?oRi ceW-rc�R prf'ue_ Stk"i� zoo , Newfox�—, �eacl , Co , 92660 Enclosed please fire; materials describing a project for which the following is being requested: ,4pProo�..Q � � �r�cfse �Lc�r � c��srgnr� f�iL?.�Trrre 4'vacT w4fa � N��TA✓e d��L,�/1 /�/.osv dee- d�uvr;�a�n•�u�sc +. Fey-10. COrU57-Pe/ c7-7arJ OF ZcO s .��,vTrfJL C01V00 1 iv%u41,' UA1145 IN v Ri - 3 �3) zoNe Q/,b✓7'k jHST Sic/eJ Ol= `//7Ar✓ 4t6lS reel befwe� A,ger'e.4 5-'veaf 0 "W cSh'fpew / /uw jA/tr KWow lt� Ar, 4•P- W. 6 2-7 - 7-73 - oo I I - The attached data was prepared by the applicant and is being forwarded to you for comments and recommended conditions of approval. The city is interested in the probable impacts on the environment (including land, air, water, minerals, flora, fauna, noise objects of historical or aesthetic significance) and recommended conditions of approval based on your expertise and area of concern. --,yEEfi�G �Ai E Your comments and recomrreKded conditions of approval must be received by this office prior to 9130 p.m. p1RY '29 . 19 , in order to be discussed by the land division committee. e land division committee (comprised of director of environmental services, city building official, city engineer, fire marshal and a representative of CVWD) mill discuss the comments and recommended conditions of approval and will forward them to the 'planning commission through the staff report. Any information received by this office after the receipt deachne will not be discussed by the land division committee. R.AMv`. •,. DIAZ DIRECTOR F SERVICES RD'iIr Attachments 01 FACE DFTIIO1J ,1AAn N1TW r nXAAd F.XITC DECLARATION OF lROTECTIVE RESTRICTIONS PALM DESERT (UNIT NO. 1) - J-This Declaration,Declaration, made this 7th day of November, 1946, by PALM DESERT CORPORATION, Hereinafter referred to as "Declarant." ; W I T N E S S E T H That Declarant is the owner of the real property described in Article I of this Declaration, and as Dart of a general plan for the development , improvement, maintenance and protection thereof, and for the purpose of imposing upon and subjecting all of the said real property, and each and every lot and portion thereof, and such other property as may hereafter be declared as coming under the terms hereof, to the covenants , conditions , restrictions , reserva- tions , liens and charges hereinafter set forth, Declarant does here- by declare and establish as follows :- That all of the lots , parcels and portions of said real property rt and such other pronert,y As may hereafter be declared as p coming under the terms hereof, shall •be held, transferred, sold and conveyed by Declarant., or by it contracted to be sold or conveyed, subject to the provisions of this Declaration and to the covenants, I' conditions , restrictions, reservations , liens and charges herein i{ set forth, each and all of which is and are for the benefit of said property and of each owner or purchaser of the land therein, and shall inure to and nass with said property and each and every lot and parcel of land therein, and shall apply to and bind the success- ors in interest of any owner thereof. That full power and authorization to carry out and exercise each and all of the terms and provisions of this Declaration and the covenants , conditions , restrictions , reservations , liens and charges herein contained, and to declare canc;:llations and enforce forfeitures in event of violations thereof, as herein provided, shall be vested in Declarant until such time as an association or organization of property owners shall have been formed for that purpose and in which, upon proper assignment and conveyance thereto from Declarant , all or part of such power and authority may there- upon become vested. ARTICLE I. PROPERTY SUBJECT TO THIS DECLARATION OF PROTECTIVE RESTRICTIONS 1. Declarant is the owner of the real property situated in the County of Riverside , State of California, and more. particularly described as follows, to-wit : Palm Desert Unit No. One , as shown on the man recorded in Book 21, pages 50 to 54 , inclusive , Maps, Records of Riverside County, California. 2. Declarant hereby declares that from and after the date i of recording of this Declaration, all of the real property herein- above described as Palm Desert Unit No. One and included in Article III hereof, shall be subject to and bound by all of the provisions hereof and each and all of the covenants , conditions , restrictions, reservations, liens and charges herein contained and set forth. ARTICLE II. GENERAL BUILDING RESTRICTIONS 1. DIVISION OF PROPERTY. The said nronerty has been divided into zones according to, among other things , the character of the structures or buildings which may be erected therein, and the uses to which the lots located th, rcin and the structures permitted to be erected or maintained thereon may be put. Said zones , the uses to which lots located in each may be nut , the character of strue- tures permitted therein, their location upon the lot, end the -l- Unit No. 1. t t portion of the lot a ilable for building. nurr !s in a particular zone , and more Darti,..,larly described and set .orth in Article III of this Declaration. 2. RESTRICTIONS ON u„yLDINn . (2) No dwelling house , outhr building, fence , post, sign, wall, hedge , awning, tent , or s t:ure , or thins of any kind shall be erected, constructed, placed ; anted, altered or main - tained on any lo; or lots , or portion tt; . reof, in said tract , un- less and until tY.e written approval of Declarant shall first have been obtained as and in the manner hereinafter nrovided in Article V. (b) No building, structure , or premises of any kind, shall be erected, constructed, placed, altered , or maintained on any lot or lots in said tract which shall be used or designed , or intended to be used, for any ournose other than that nermitted in the particular zone in which said lot is located, as more particularly set forth in Article `I hereof. and subject to the exceptions as therein set forth; prD`rided, however, that this restriction and limitation shall not a.pnly to such lot or lots as with the approval of Declarant in writing may be designated , set anart , conveved to, or held by Declarant "or a club , or for recreation, or community uses and purposes . (c) Temnorari building -- no outhouse , garage , shed, tent or temporary building Dr structure cf any kind shall be erected or maintained on any lot or parcel Drier to the erection of the principal dwelling house or building thereon , excent with the written approval of Declarant ; provided, however. that the condition herein contained shall nDt be understood or cons;rued to prevent the temporary construction and maintenance by Leclarant , its agent or agents , of a separate real estate office or administration build- ing, or meeting place for the purpose of gathering toPether, lect�- ... uring to, or entertaining groups of prospective purchaser, and a sign or signs to be maintained upon any of said lots which it may own or control, all or any of which may be necessary or convenient to be used in connection with the sale of said property ; or to construct and build improvements and buildings , an& to maintain and operate all such property and eauipment necessary in the develop- ment or subdivision thereof. 3. ARCHITECTURAL REQUIREMENTS . No dwelling holaae , building or other structure which does not conform to the rreneral plan of architecture , height, type , color, material and finish projected by the Architectural Committee .(hereinafter provided rer) as being reasonably suited to and in harmony with the desert climate and environment shall ever be erected, constructed, nlaced, altered or maintained on said property or any nortion thereof. Said Architectural Committee will apnrove or disarnrove all plans submitted for improvements ^n lots in the tract in the manner hereinafter reouired , with snecific obligation to the lot owners , that its annroval will not be r7Iven for anv buillinrr or improvement which will permit the erection, construction, alteration or maintenance of a dwelling house , building or other structure which will incorporate therein material, colors , finish, r;ronortions, design, style or nitch of roof, location on the lot , or other feat- ure, which will render it discordant or inharmonious with ether structures or with the veneral nlan of design of buildings and improvements of nronerty oro4ected by the Architectural Committee for the particular zone in which the blildinr• or act is located or for the nronerty as a whole. 4. PRIVATE nARApES. Private gararres , guests houses , servants ' quarters and similar outbuildings must be incornorated in and made a nart of any dwellin? house , unless otherwise nermitted by written annroval of the Architectural Committee. 5. SETBACKS. No structure or hart thereof, excertinz fences, wails, hedges and other nlantinv., steps and nnrches , with the written nermission of the Architectural Committee , shall ever be erected, nlaced. nermitted or maintained nearer the street or lot line than the setback s^ecified in the zoning nrovisi�ns of Article III hereof. -2•• 17111t No. 1 (, SUBDIVISION OF LOTS. No lot in said tract shall be further subdivided . nor shall any part or »ortion of any lot be severed from, sold , conveyed or transfe7 d anart from the original as the same aonears upon the recorc, man of said tract . here- lotinabove referred to. without the written consent and annroval of . Declarant , and not more than one building or structure shall ever be erected, placed or maintained on any lot or nortion of any original lot . except as herein provided, and with the written annroval of the Architectural Committee . 7. BUILDINGS CONSTRUCTED ELSEWHERE. No building or struc- ture built , constructed or prefabricated elsewhere , in whole or in nart , shall be moved to , erected, placed or maintained unon any lot . except with the written nermission or the Architectural Comm- ittee. 8. COMPLIANCE WITH BUILDING LAWS . Any buildinn or 'structure which any lot owner shall cause to .be constructed, erected, altered or maintained unon any lot , shall be constructed. erected , altered and maintained thereon in strict compliance with the renuiremeents l of all statutes , laws and ordinances , whether , or local , relating to or revulatinv building. safety , or sanitation, which may now or hereafter be made applicable thereto. o, PROHIBITION OF NUISANCES . There shall 'nnot be ereerected, nermitted or maintained on said oronertY , o any corral,'rslaughter house . hog ll and enencknickleafactory , kennelstory, stable, yard, of. any nublic livery stables *. any carnet beating plant . tannery , public laundry , or undertaking establishment * nor shall any noisy nr noxious activity , trade , business , or use of said nronertv whatso- ever be permitted, carried on, or maintained thereon : and no cows , rigs , sheen, goats , chickens , or other like barnyard animals or fowl shall ever be kent or maintained thereon:. nrovided , however. that horses , nets or game may be maintained on said pronerty , but only in conformity with the regulations of Declarant as to kind, numbers , distance at which they must be maintained from dwelling, exterior, nronerty lines and roads , tvne of hnusinv and sanitary requirements , and in any and all such instances the keening of such horses . nets or game shall be for nrivate use only. 10. DRILLING. ',aid nrpnerty shall not , nor shall any hart threof, benose of ore nroducingutherefrom. any rminerals eorl any nwas .roil aorn th sed for the erefrom carbon substances . 11. FENCES AND HEDGES. No fence , hedve or wall shall be erected or grown er permitted on any lot without the written annro- val of the Architectural Committee , and no trees or shrubs shall be grown or erected to vrow so r ththht the sunliahtview of obstructederrnmts may be adjolninR ob- structed ed or impaired . e buildinms or premises . 12. LAUNDRY DRYING YARDS. No laundry, es , bednr . Rarmet ore to thine of like nature shall be hung on the vardr.uenclosedf any such from publicrview,smust be are to brovided outdoors ,the for such nurnosea 13• SEWAGE DISPOSAL. All buildincs or structures shall be an ts and erectedtructed that thereoflshallebe connectedinp withiatures and and sentic tank or cesspool to be provided by each cccunant or owner for such nurnnse . or with an established sewage system. 14 . UPKEEP OF LOTS . All lots shall nt all times be kept in a clean, sightly and wholesome condition and no trash , garbage, litter. Junk . boxes , containers , bottles , cans , machinery . imnle- mentE , lumber or other building materials shall be permitted to be or remain exnnsed on any lot and visible from any street or adjoin- ing or nearby premises. 3 .. Unit Nc . 1 ARTICLE III. ZONING 1. ZONE R-1, ONE FAMILY RESIDENTAL. This zone includes lots described as follows :-' Block T, Lots 3 and 4 Block K, Lots 2 to 6, both inclusive. Block L, Lots 1 to 10, both inclusive . Block M, Lots 1 to 5 , both inclusive . Block N. Lots 1 to 13, both inclusive Block 0, Lots 1 to 22, both inclusive. . B1ock .P, Lots 24 to 45, both inclusive. USES : The lots in Zone R-1 shall be used onlv for private residence purposes , and only one , private , one-family dwelling, shall ever be erected or maintained thereon. No such dwelling, which is more than one story in height and of an area of less than 1200 square feet of floor space (with a 50% credit for garages and porches to be allowed by the Architectural Committee in computing minimum floor space) and which does not conform to the general plan or type, color, material, location on lot , and construction projected by the Architectural Committee for improvement of lots in Zone, shall ever be erected, placed or maintained thereon; provided that the Architectural Committee may by its written approval permit the erection in this Zone of private, one-family dwellings, not exceeding two stories in height ; such approval, how- ever shall be given only when said Architectural Committee having due regard to the character and elevation of immediately adjacent lots or structures and to the general plan considers it to be for the best advantage of the tract as a whole that such exception be made. . SETBACKS: No building or part thereof, excepting fences , . walls , hedges , and other planting, steps and porches , with the written permission of the Architectural Committee, shall ever be erected, placed, permitted, or maintained within fifteen feet of any side or rear lot line of any lot in this Zone or within twenty feet from the front or street line or lines by which any lot in this Zone is bounded. The plans for the location, type , and style of any fence , wall, hedge, or other planting or landscaping of lots in this Zone must be submitted to and receive the written aanr-val of the Architectural Committee. 2. ZONE R-2. MULTIPLE DWELLINGS - SIX UNITS OR LESS. This Zone includes lots described as follows : Block K. Lot 1. Block P. Lots 1 to 23, both inclusive. USES: The lots in this Zone R-2 shall be used only for the uses permitted in Zone R-1 and for multiple dwelling units (courts , flats and apartments) of not more than six (6) dwelling" units , and for buildings accessory to the permitted uses . No building or structure which is either over two stories in height, or which does not conform to the general plan of type , color, material, and construction of buildings , location on lot , portion of lot avail- able for building, and number of buildings upon a single lot pro- Jected by the Architectural Committee for the improvement of lots in this Zone shall ever be erected, placed or maintained thereon. SETBACKS: The location of all buildings or .structures on lots in this Zone shall be made only, In accordance with plans therefore submitted to and ap,. .)ved" nr'writing by the Architectural Committee. in -4- Vnit No. 1 3. ZONE M-? MULTIPLE DWELLINOS. Th+ s Zone includes lots described as follor. Block D. Lots 3 and 4 . Block H, Lots 5 to 9, both inclusive . Block I , Lot 1 and lots 6 to 8, both inclusice. Block 9, Lots 4 to 7 both inclusive . Block T, Lots 3 and 4. Block U, Lots 6 to 11 , both inclusive. Block V, Lots 1 to 19 , both inclusive . USES : The lots in this Zone R-3 shall be used only for the uses Permitted Ln Zone R-1 and Zone -2 , and in addition, may be used for apartments and hotels and businesses incidental to an apartment or hotel, for the convenience of the tenants and guests thereof (but no outside advertising signs or entrances for any such places of business shall be permitted, ) curches , libraries , schools , nursery schools , museums , hospitals and such other uses as Declarant shall determine t�o be substantially similar to or of the ,same gener- al character as those snecificallv 'nermitted in this Zone. No build- ing or structure which is either over two stories in height , or which does not conform to the general Plan of type , color, material and construction of buildings , location on lot , portion of lot avail- able for building., and number of buildings upon a single lot nroject- ed in the Architectural Committee for the improvement of lots in this Zone shall ever be erected, placed or maintained thereon. SETBACKS : The location gof all buildings or structures on lots in this Zone shall be made only in accordance with Plans there- fore submitted to and approved in writing by the Architectural Committee. 4. ZONE C-1. LIMITED COMMERCIAL ZONE. This Zone includes lots described as follows : Block A, Lot 1. Block D, Lots 1 and 2 . Block F, Lots 1 to 25 , both inclusive. Block 0 , Lots 1 to 169 both inclusive. Block H, Lots 1 to 4 , both inclusive. Block I , Lots 2 to 5 , both inclusive. . Block 0, Lots 1 to 3, both inclusive . Block R, Lots 1 to 24 , both Inclusive. Block S , Lots 1 to 32 , both inclusive . Block T, Lots 1 and 2. Block U, Lots 1 to 5, both inclusive . USES: The lots in this Zone C-1 shall be used only for the uses permitted in Zone R-1, Zone R-2 and Zone R-3 and in addition, may be used for the following: bakery , bank, barber shop, beauty shop, bicycle and motor scooter rentals , book store , broker (stocks and bonds) , candy store, cigar store , clinics (medical) , cocktail lounge, delicatesses store, department store , doctor's and dentists' office, dress shop, dru store, elecrical appliance store, fire station, florist , fruit store , frozen foods store , furniture store, gift shoo, grocery store , hardware store , ice-cream parlor, Jewelry store , liquor store (retail) , lunch room, massage parlor, meat market . news and magazine store , newspaper office, motion Picture theater, night club , office building; (business or profess- Sonal) , Painting and art store , nhotocranhy studio, nc4ice station, post office , public parking area, public utilities offices , real estate offices , restaurant or drive-in restaurant , soda fountain, snorting goods store, stationery store, tea room, telephone ex- change, wearing anparel store and such .other uses as Declarant shall determine to be substantially similar to or of the same general character as those snecifically Permitted in this Zone. No building or structure which is either over two stories in height , or which does not conform to the general plan of type, color, material and construction of building;, location on lot , Portion of lot available 'for building and number of buildings upon a single lot projected by the Architectural Committee for the imnrovement on •.lots in this Zone shall ever be erected, Placed or maintained thereon. -5- Unit No. 1 SETBACK: The location of all building_ or structures on wih plans lots in this Zone shall be mado�oved onlyinnwriting byaccordancothetArchitectural therefore submitted to and ap, Committee. 5. ZONE C-2 COMMERCIAL ZONE , Deleted January 22 , 1968 . 6. ZONE X. This Zone includes lots described as follows : Block W. Lots 1 to 15 , both inclusive . USES: The character of structures which may be erected in this Zone , the uses permitted andthe sPortions hall be sof lots mIn hereafter this Zone available for building purposes be determined by Declarant , and Declarant reserves the right to restrict said lots in such manner as it hereafter shall consider advisable. 7 ' All descriptions by block and lot number in this Article Uni One of Palm III are as shown on the man of nclusivet Desert MiscellaneousMans , n Official Book 21, pages 50 to 54, California. Records of Riverside County , 8. The zoninc, provisions herein set forth are in addit ion to all other covenants , conditions , restrictions and reservations in this Declaration set forth, and are subject to all powers of construction and interpretation reserved to Declarant in this Declaration. 9. The recorded map of said Tract and the plan projected by the Architectural Committee for I-mprovement of the Tract provides for open spaces in certain ortotherbstructuredshall for aever e park- be s to olerected* ing space, and no building such area reserved for automobile nark- placed or maintained on any ing space. • 10. The Architectural Committee shall have the right to re- quire that plans for all or part of the buildings or shall embody tunes to be erected in anv Zone , except in Zone R-1 , theasidewalkeborderingaanye such therbuilding oorhstruct re, uniform or remade. in dimensions and design with the overbanging porches or ramadas of adjacent buildings. ARTICLE IV. LIMITATIONS ON USE A14D OCCUPANCY 1. No part of said property shall be used or occied in whole of in nart by any person who is pot a duly qualified of the Palm Deber sert Community Association, its successor or success- ors, hereinafter callertYed thesubjOttstocthisoDeclaration, incornoratedn a on of owners of P P under the laws of the State enforcing rsuch ofd the gprovisions of purpose of carrying a this Declaration and .exercising such jurisdiction over said property, the carrying out , enforcement , or exercise of which may be conveyed, assigned, or delegated to it by Declaropertyanand for the•• nurpose by the oof pro- interest of Declarant in srs in aid property, vidSng club and recreation facilities for the members of said Association and others, provided, however, nersons other than duly members of said Association may be permitted in accordance with adopted by-laws , rulcts and regulations of said Association nerson use eer- or occupy said property; and, provided further, that any mitted to use or ocCUPY said property shall be bound by all the regul- nrovislons of this Declaration and by the by-laws , rules and amended ations of said Association, as the tlatthe er may be e ers of saidtAsso Association. and repealed from time to time by -6- Unit No. 1 ARTICLE V. APPROVAL OF PLANS 1, SUBMISSION OF PLANS• kindctopbete sets erected ,fplaced building or main- plans for each structure of any J tained on said nronerty , accomttane , o two seta of specifications for the erection of said structure , together with a diagram of the submitted proposed location thereof on said pkind. theshall plansbeelevations ,to Declarant, and no structure of any fully specifications and nron05ed location of which have not received the written approval of Declarant , and which does not comply with such approved plans and specifications and pronosed rovalion, shall be erected, placed or maintained thereon. Such apP shall be endorsed upon said plans and specifications and one set shall then filed of such plans and specifications structural wucturalorho Dtherarant . dDeclarantefects ins said planshall noteandsnonsible snecificationsl,y nor in any building or structure erected according to such plans and' specifications . 2. ARCHITECTURAL COMMITTEE. Declarant shall from time to time select and appoint an Architectural Committee of at tleastproposed three members to examine said plans , location of buildings , which Architectural Committee may be authorized by Declarant to endorse Declarant ' s consent , approval or disapproval thereon. 3, ALTERATIONS. No additions or alterations to any ommenced unless structure ereced shall be snecificatlonatcoverinR thecn oposed additi nsdornalterationstil plans nd Commshallthaveafirst been orsubmitted to edeclar in ritinR.ant of said Architectural nd by them 4 . TINE FOR APPROVAL. Any and all plans and specifications covering the construction, alteration or addition of or to any building or the landscaning of any lot must l Committee approved ormmittee withinn thirty approved by Declarant or said Architecturah days from and after the date of presentation. INSPECTION. Declarant by its agent or agents may at 5• enter and inspect any property any reasonable time after notice , val for which nlans have been submitted for anorOdaysoafterncomnletion. construction is in progress or within thirty ARTICLE VI. RESERVATIONS AND EASEMENTS In 1, EASEMENTS. Notwtthstan�hereina ais hereby y other nreservedsunto this Declaration to the contrary, aid the right to enter Declarant , aaacross➢,eundernt d and athrough ht of aa�strip five feet in width upon, over, lot in said property , alone, the entire rear lines of each and every over , across , under and through such other portions of each and ever•! lot in said property as in the discringtallinpn of eCerecting , be convenient , for the purpose of laying, renewi•n¢ and main- constructing, inspecting, oneratina, renlacing, es , taining, telenhone, telegraph, electric light and Hower poles , wires, cables , lines and underground conduits , sewage nipes , gas e number size and and water Pipe and other similar facilities and equipment , in- cludinn the right to increaser easementor s fhany thereof, at any time , location within such strip or in in a reasonable manner , in addition to all easements and rights o way for public utilities and other purposes reserved herein, deeds or other instruments of record oory lease isiblethe wholelorny further reserves the right to convey ,way or right of entry to any portion of such easements , palibody,(Person or persons. firm, corporation, - 7 Unit No. 1 Z• W, R RIGHTS. Notwithstandi.. , any other provisions in this Declaration to the contrary , Declarant reserves unto itself all water standing, percolating or flowing upon, under or across said property or any lot or parcel thereof, which is now or ray hereafter be developed thereon , together with the right to remove the same through underground channels by means of wells or tunnels on other property, and the ri¢ht to drill wells and tunnels for water and to erect , operate and maintain a pumping station or stations and other facilities for the storage , distribution, processing or Droduetion of water upon any portion of said property not previously Bold, transferred or conveyed by Declarant : and Dec1n. "t further reserves the right to convey or lease the whole or any portion of such water rights or facilities to any firm, corporation, municipal body, Berson or persons , 3. MINERALS, Notwithstanding any other provisions in this Declaration to the contrary , Declarant reserves unto itself all metals and mineral and all petroleum, natural ¢as and other hydro- carbon substances in or under such land and every part thereof. 4. USE OF UNSOLD LOTS , Notwithstanding, any other nrovisions in this Declaration to the contrary, Declarant reserves the right to use, improve , repair, maintain , operate , care for and dispose oDenany lot spaces ,orecreation ed or facilities, including swimming by it for snools parkways, tennis courts, club houses , or structures appropriate for social or community clubs , for the use and benefit of the occupants or Property in the tract , Including the right at any time to abandon any such facilities or use and to move or shift the same to any other lot or lots owned or controlled by Declarant, ARTICLE VII. PROVISIONS FOR UPKEEP 1. EFFECT OF ACCEPTANCE OF DEED OR CONTRACT OF SALE, All conveyances of title and contracts of sale hereafter executed by Declarant are hereby made subject to the conditions that the grantee or vendee , by the acceptanc.y of a deed or contract of sale, covenants for himself, his heirs , executors , administrators , successors , and assircns , that Declarant or the Association to which any of the rights and powers of Declarant may hereafter be assigned, shall have the right and Dower to do and perform for the benefit , maintenance and improvement of said property , and for the peace , health, comfort, safety and general welfare of the owners of said property, or the residents thereon, without Declarant incurring any liability to any person following things, to-wit : so to do; the (a) PARKS AND RECREATION FACILITIES. To purchase , lease, construct , improve, repair, maintain, operate, care for, own and dispose of parks, parkways, open spaces , recreation areas , tennis courts , bandstands , swimming pools , club houses , and club and recreational facilities incident thereto, community buildings, Playgrounds , or any other structure appropriate for the use and benefit of the community, fire protection andTtheZcollectionSANITATION and disposition of provide for rubbish, ashes and the like : to improve, light and f garb a e , streets, roads , alleys , courts , walks , parks , gateways, fences and ornamental 'features now existing or hereafter to be erected or created, and buildings or improvements ordinarily appurtenant to any of the foregoing, and to plant, maintain and care for trees and plants within the lines of the streets immediately adjoining any lot. -8' Unit No. 1 (c) ASSEaSMENT FOR 'UNDERGROUND CONDUITS , To renlace poles , wires , lines , for electricity , telephone , and telegraph , and other such surface eouinment with underground conduits , lines ,wires and eouipment , and for such purpose , at any time , to levy an assessment on each lot in said tract of not to exceed Two Dollars and Fifty Cents ($2.50) per foot or fraction thereof of the longest lot line of any lot , provided that only one such assessment shall ever be made on any lot . (d) TO KEEP RECORDS . To keen records of building, permits , and approvals or disaonrovals made or issued by it or the Arch- itectural Committee and to keen books and records showing all charges.. levies , assessments and all disbursements made. (e) TO ENFORCE RESTRICTIONS . To enforce the liens, charges , assessments , limitations ., restrictions , conditions and covenants and provisions of this Declaration existint, upon or affecting, or hereby created for the benefit of all lots in said property, over which Declarant or the Association has jurisdiction and control and to which said lots may be subject , to the extent that Declarant or the Association has the legal right as herein set forth to en- force the same , and to nay all expenses incidental thereto. (f) TO PAY TAXES AND ASSESSMENTS. To nay taxes and assess- ments which may be levied by any public authority upon property used or set apart for narks or recreation areas and improvements thereon, now or hereafter Onened, laid out , or established in said nroperty, or on all such other recreation spaces as . shall be main- tained for the general benefit and use of th,e owners of, or resi- dents upon, lots in said nronertv , ' and their successors in interest, and also on ornamental features , fixtures , tennis courts , swimming_ pools and club houses established in or upon any such nroperty, whether taxed or assessed as part of said orooerty or separately, and on any nroperty which may be held in trust for the use and benefit of the Association. r (R) INTERPRETATION AND CONTROL. To exercise such powers of interpretation, control , construction, consent , decision, deter- mination, modification, amendment , cancellation, annulment , and enforcement of covenants , reservations . restrictions , limitations , assessments , charges , and liens imnosed upon said nroperty as may be vested in, delegated to, or assigned to Declarant or the Associa- tion. (H) TO REGULATE SIGNS. To regulate or nrohibit the erection, Posting, or disnlayinF unon. anv of said nroperty of billboards or signs of any character, and to remove or destroy all signs placed, erected or maintained upon said property without the authority of Declarant of the Association. (1) MAXIMUM CHARGES. To establish and levy such 'charPes or fees as may be necessary to carer out , nay off and otherwise meet the expenses of carrying out and performing, any of the above gen- eral enumerated powers and duties , or the purposes for which the Association may be formed , provided that the amount of such charge or fee shall in no event exceed in any one year the sum of A25.00 for each lot ( in addition to the assessment which may.. be made for the ournose of renlacing overhead poles and wires with underground conduits . as Drovided in subsection (c) , naragranh 1 of this ARTICLE VII) and provided further that such limitations shall not apply to charges for special services rendered, labor performed , materials or supplies used or consumed ; water, heat , light , Ras on power furnished - or enuiDment , anDliances , or facilities , used or employed to or for any member of the Association for the use or benefit of the property of any such member,. to nrovide that all assessments , charges and fees shall be due and payable on the first Monday of the month following the levy and fixing thereof, and shall become delinquent sixty days after the date unon which they 'become due and payable - to collect said charges or fees annually or oftener, if deemed advisable by Declarant, or the Association from the then owners or buyer under contract of purchase of each and every lot in said property, 9 - Unit No. 1 (J) LABOR /41:11D MAT' nIAL SUPPLIED OR USED. Any labor ren- dered and maoorrnoweeralts or si furri '.shedsfor used thermaintenance ,rimrrovement anpliancesI rr for the general welfare of the and development of the nr nerty owners thereof, or resid, -ts thereon, or for the community , in ner- formin7 °ter°byslnfc_rence inrthemforeiZoingfdutiescandspowers , shall directly be deemed to have tbeen r ndered, furnished and su^plied by Dec gr- ant or the Association, for the benefit and advantage of each lot in said property a:nd at the special instance and request of the owner or owners or, buvers thereof , and that Declarant or the Asso- ciation shall have- a lien upon each lot in said property against which the assessmentt , charges ..ion of sfees Declarationestabi shallshe haveobecomeed pursuant to any delinquent , as fu]_ly as though said labor had been bestowed on an materials , sunnliejPoor eduinment or pow thatratunoitime inshed r any lone°year said lot or lots m or n exceed establishedmay the i h p nursua nt tothisc e � Declarationforsun °hyear; provided , further, that any action to enforce such lien must be commenced in a nroner court within ninety days after the claim of lien has been recorded. ARTICLE VIII . SCOPE AND DDURATION OF CONDITIONS , RESTRICTIONS AND CHARGES 1, RESTRIC TIONS TO RUN UNTIL 1967. All of the covenants , conditions , restrUictions , assessments and charges set forth in this r previsions herein, are imnosed upon said Declaration and a�1 othe nronerty for the direct benefit thereof, and of each lot therein, and of the owners and cccunants thereof, as a part of the general nlan of develonmernt , improvement , buildingcoecuivment , maintenance , and protection of said nronerty , and restrictions , assessments and charges shall run with the land and continue to be in full force and effect , except as hereinafter pro- vided, and subjOct to the rrovisions of Articles IX and X hereof, until January 1 , 1967 , and shall as then in force be continued automatically and without further notice from that time for a period of ten yea-s , and tionsafter unlessfor withinsuccessive monthsdprior ten to years each 1967 , ,orlwithin six months prior to the expiration of January 1, ive t the any successi�het� enear recordiownersrnffnot �less thant65%aine area tof n executed by of said rronerty th�naces'eshall bei^lacedacntrecordxinutheeofficeof streets ion narks, and onen . by the terms of which the County Recorder of Riverside County , agreement any of the said covenants , conditions , restrictions , assessments or charges may be changed , modified dror extinguishedrty then int whole or in part as to all or any nart of the thereto , in the manner and to the extent therein provided. ARTICLE IX. MODIFICATION OF CONDITIONS , RESTRICTIONS AND CHARGES Any of the covenants , conditions , restriction&, assessments or charges _ contained in this Declaration may beannulled, wai rtion of saived, changed or modified with respect to all or any pr nronerty by Declarant with the written consent of the Association and of the owner or owners of record of more than sixty-five per cent (65%) of the lots in said nronerty lying within five hundred (500) feet in any direction from the cuter boundaries of the lot or lots or rronerty with reference to which the said restrictions are to be changed provided that this of be construedcomin as re- quiring the consent of the owners Pro the jurisdiction of Declarant or the Association, and provided -10- Unit No. 1. I `further that any apr-ival given thereto by say ' Association shall not be valid unless d until said Associatioi hall first have . had' s public hearing thereon ARTICLE X. CANCELLATION AND ANNULMEIIT OF CONDITIONS , RESTRICTIONS AND CHARGES 1. RESTRICTIONS MAY BE CANCELLED AFTER 1967 . At anv time after the first day of Januarv , 1967s the owners of record of lots in the Property then subject to this Declaration, having an 1 aggregate area en.uivalent to not less than sixty -five ner cent (65% ) of the total area of said nronertv therein described , and who shall include in their number the owners of record of not less than sixty- five percent ( 65%) in area of the lots therein described on which dwelling houses or other principal structures are then located , may cancel and annul , with respect to said nronerty therein des- cribed , all or any of the covenants ', conditions , restrictions , assessments and charges , contained in this Declaration , excenting all reservations and anv easements ; water right , mineral; Ras and oil rights , or other interest in real property herein reserved to Declarant and the prohibitions of paragraph 10 of Article II hereof, by an instrument in writing signed by said owners , which shall be acknowledged by them so as to entitle it to record and be recorded in the office of the County Recorder of Riverside County. ARTICLE XI .,. ' REVERSION OF TITLE 1. EFFECT OF ACCEPTANCE OF DEED: Each and all of said restrictions , conditions and covenants , reservations , liens , assess- ments and charges , and other provisions hereof, is and are for the benefit of each owner of land , or any interest therein, in said nronerty, and they and each thereof shall inure to and Pass with each and every parcel of said nronerty , and shall apply to and bind the resneetive successors in interest of Declarant . Each grantee of any part or Portion of said nronertv by acceptance of a deed or any other instrument of conveyance incorporating the substance of this Declaration, either by setting the ' same forth therein , or by reference in such deed or conveyance thereto, or by accentance of a deed or conveyance referring to covenants , conditions , restrictions and reservations ., or other matters , of record affecting the pro- nerty conveyed, or by acceptance of any deed or conveyance of said nronerty or any Dart thereof, and every successor in interest of such {grantee accepts the same subject to all of such restrictions , conditions, covenants , reservations , liens and charges and all other provisions of this Declaration and to the jurisdiction, rights, and powers of Declarant or of the Association. 2. PENALTIES FOR BREACH CV RESTRICTIONS. A breach of any of the restrictions , conditions and covenants herebv established shall cause the lot , piece , or parcel of land unon which said breach occurs to revert to Declarant or its successors in interest as owners of such reversionary rights , who shall have the right to immediate re-entry unon such real property , in the event any such breach- and as to each lot owner in -the said Property , the said restrictions , conditions and covenants shall he covenants running with the land, and the breach of anv thereof, and the continuance of any such breach, may be enjoined, abated or otherwise remedied by approoriate proceedinv_s by Declarant , the owner of the revers- ionary rights , or by any such owner of other lots or Darcels in said nronerty, or by the Association but such reversion shall not affect or impair the lien of any bonafide mortgage or deed of trust which shall have been given in good faith, and for value , provided, however, that any subseouent owner of said Property shall be bound by the said restrictions , conditions and covenants and Provisions of this Declaration whether obtained by foreclosure or at trustees' sale , or otherwise . 11 • Unit No. 1. t ARTICLE XII . ENFORCEMENT OF RESTRICTIONS 1. DECLARANT OR ASSOCIATION MAY ENFORCE. Violation of any of the covenants , conditions , restrictions or other provision herein contained shall vive to Declarant or. the Association the right to enter upon the pronerty upon or as to which said violation exists , and to summarily abate and remove; at the expense of the owner there of. any person, erection, thing o� condition that may be or exists thereon contrary to the intent and meaning of the provisions hereof, j and Declarant or the Association shall not thereby be deemed guilty of any manner of trespass for such •eptry , abatement or removal. 2. VIOLATIONS A NUISANCE. The result of every act or omission whereby any covenant � condition, restriction or provision i herein contained is violated n whole or in part , is hereby declared to be and constitutes a nuisance , and every remedy allowed by: law or equity against a nuisance , either public or private , shall be applicable against every such result , and may be exercised by Declarant or the Association. Such remedies shall be deemed cumu- lative and not exclusive . 3. INDIVIDUALS MAY ALSO ENrGRCE RESTRICTIONS. The provis- ions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant , the Association, or by the oicner or owners of any portion of said nronerty , their and each of their legal representatives , heirs . successors and assigns , and failure by Declarant , by the Association or by any other nroperty owner or their legal representative , heirs , successors or assigns , to enforce any of such covenants , conditions , restrictions or pro- visions herein contained shall in no event be deemed a waiver of the right to do so thereafter, unless otherwise herein Provided. 4._ CONSTRUCTION. The det ermination of any court that any nrovision of this Declaration is unlawful or void shall not effect the validity of any of the other nrovisions hereof. 5. DAMAGES NOT ADEQUATE REMEDY . Damages are declared not to be adequate compensation for any breach of the provisions of this Declaration. Declarant contemplating the enforcement of such provisions as part of the general plan. of imrrovement . and not damages for the breach of such provisions . ARTICLE XIII . ASSIGNP E'NT OF RIG.-ITS MIL POWERS 1. Any or all of the rights , powers , and reservations of Declarant herein contained may be deeded , conveyed or assigned to any other corporation or association which is now organized or which may hereafter be organized, and which will assume the duties of Declarant hereunder, pertaining to the particular rights , nnw ers and reservations assigned , and unon any such corporation or assoc- iation evidencing its consent in writing to accept such assignment , and to assume such duties , it shall to the extent of such deed, conveyance or assignment , have the same rights and powers and be subSect to the same obligations and duties as are riven to and .assumed by Declarant herein , and thereupon Declarant shall be re- li eved the nerformance of any further duty and of .-.any further obligation hereunder. ARTICLE XIV. DEFINITION OF TERMS 1. The term "restrictions" wherever used herein includes and means and shall be interpreted and construed to mean, wherever necessary to carry out the purpose and intention of this Declaration, covenant , condition. lien, assessment , charge and restriction. -12- Unit No. 1. 2, The word "Declarant" as used herein means , and shall be construed to include •. wherever necessary to carry out the intention and purpose of this Declaration, the Architectural Committee and agents of and the successors and assigns of Declarant , including any corporation , association, association or nronerty owners , part- nershin , trustee , or individual, now or hereafter formed or named as successor or assign or assiFnee of nil or any part of the rights , powers , duties and obligations of Declarant . 3. The word ' lot" wherever used in this Declaration means and refers to one of the numbered narcels of real nronerty as shown on the map herein above referred to. 4. The words "property" or "tract" wherever used in this Declaration mean and refer to all of the real nronerty subject to this Declaration. 5. - The word 'street" wherever used in this Declaration means and refers to any street . highway , walk, or other thoroughfare shown on the map of record of the land subject to this Declaration, or visible , whether designated as streets , avenues , places , drives , roads , boulevards ; terraces , ways . circles , alleys , or otherwise. 6. The term "setback" wherever• used in this Declaration means the distance between the dwelling house or building referred to and the Riven street or side or real line of the particular lot or parcel of property upon which said structure is located. 7. The term "owner wherever used herein shall be construed to include , and means wherever necessary to carry out the purposes and intentions of this Declaration , an owner, buyer under contract of purchase. lessee , resident , occunant or user of any property covered by this Declaration. IN WITNESS WHERrOF, Declarant has caused its cornorate name to be signed and its cornorate seal to be affixed by its proper officers . first duly authorized thereto, the day and year first above written. PALM DESERT CORPORATION By : s/s CLIFFORD W. HENDERSON President By : s/s PHIL DENDERSON , JR. Secretary SEAL -13- Unit No. 1. 4 SANBORN & RYLEE Tentative Tract No . 20919 Legal Description PARCEL 1 A portion of the southeast quarter of Section 20, Township 5 South, Range 6 East , San Bernardino Base and Meridian and more particularly described as follows : Beginning at the southeast corner of Lot 19 , Palm Desert , Block V, Map Book 21 of Maps , at Pages 50 to 54 inclusive, Records of Riverside County, California, said point being the TRUE POINT OF BEGINNING; THENCE, along the southerly line of Lot 19 South 89°44 ' 35" West a distance of 169. 71 feet to the beginning of a tangent curve concave to the northeast and having a radius of 20.00 feet ; THENCE, northerly and westerly along said curve through a central angle of 111°57 ' 30" an arc distance of 39 .08 feet to a point on the westerly line of Lot 19 said point being the beginning of a compound curve concave to the southeast and having a radius of 1170.00 feet , a radial line to said compound curve bears North 68°17 ' 55" West ; THENCE, northerly and easterly along said curve through a central angle of 11°27 ' 55" an arc length of 234 . 13 feet to a point , said point being tangent to the west line of Lot 1 of the aforementioned Tract , a radial line to said point of tangency bears North 56°50' 00" West ; THENCE, continuing along the west line of Lot 1 North 33°10' 00" East , a distance of 110.07 feet to the beginning of a tangent curve concave to the south- east and having a radius of 20 .00 feet ; THENCE, northerly and easterly along said curve through a central angle of 84°47 ' 05" an arc distance of 29 . 60 feet to a point on the northerly line of Lot 1 , said point being the beginning of a reverse curve concave to the northeast and having a radius of 530. 00 feet, a radial line to said reverse curve bears North 27°57 ' 05" East; SANBORN & RYLEE Tentative Tract Map No . 20919 Legal Description page 2 THENCE, southerly and easterly along said curve through a central angle of 15°41 ' 30" an arc distance of 145 . 15 feet to the northeast corner of Lot 1 ; THENCE, South 12015 ' 35" West a distance of 151 . 19 feet to the southeast corner of Lot 1 ; THENCE, South 89044 ' 35" East a distance of 110.00 feet along the southerly line of Lot l to the point common to Lots 1 and 19 ; THENCE, South 00015 ' 25" West along the east line of Lot 19 a distance of 135 .00 feet to the TRUE POINT OF BEGINNING. a r. SANBORN & RYLEE Tentative Tract No. 20919 Legal Description PARCEL 1 A portion of the southeast quarter of Section 20, Township 5 South, Range 6 East , San Bernardino Base and Meridian and more particularly described as follows : Beginning at the southeast corner of Lot 19 , Palm Desert , Block V, Map Book 21 of Maps , at Pages 50 to 54 inclusive, Records of Riverside County , California, said point being the TRUE POINT OF BEGINNING; THENCE, along the southerly line of Lot 19 South 89°44 ' 35" West a distance of 169 . 71 feet to the beginning of a tangent curve concave to the northeast and having a radius of 20 .00 feet ; THENCE, northerly and westerly along said curve through a cent ral angle of 111057 ' 30" an arc distance point oint on the westerly of 39 .08 feet to Y line of Lot 19 said point being the beginning of a compound curve concave to the southeast and having a radius of 1170. 00 feet , a radial line to said compound curve bears North 68°17 ' 55" West ; THENCE, northerly and easterly along said curve through a central angle of 11°27 ' 55" an arc length of 234 . 13 feet to a point , said point being tangent to the west line of Lot 1 of the aforementioned Tract , a radial line to said point of tangency bears North 56°50 ' 00" West ; THENCE, continuing along the west line of Lot 1 North 33°10' 00" East , a distance of 110.07 feet to the beginning of a tangent curve concave to the south- east and having a radius of 20. 00 feet ; THENCE, northerly and easterly along said curve through a central angle of 84°47 ' 05" an arc distance of 29 . 60 feet to a point on the northerly line of Lot 1 , said point being the beginning of a reverse curve concave to the northeast and having a radius of 530.00 feet , a radial line to said reverse curve bears North 27°57 ' 05" East ; 4 t SANBORN & RYLEE Tentative Tract Map No . 20919 Legal Description page 2 THENCE, southerly and easterly along said curve through a central angle of 15°41 ' 30" an arc distance of 145 . 15 feet to the northeast corner of Lot 1 ; THENCE, South 12015 ' 35" West a distance of 151 . 19 feet to the southeast corner of Lot 1 ; THENCE, South 89°44 ' 35" East a distance of 110.00 feet along the southerly line of Lot 1 to the point common to Lots 1 and 19 ; THENCE, South 00°15 ' 25" West along the east line of Lot 19 a distance of 135.00 feet to the TRUE POINT OF BEGINNING . J SANBORN & RYLEE Tentative Tract No . 20919 Legal Description PARCEL 1 A portion of the southeast quarter of Section 20 , Township 5 South, Range 6 East , San Bernardino Base and Meridian and more particularly described as follows : Beginning at the southeast corner of Lot 19 , Palm Desert , Block V, Map Book 21 of Maps , at Pages 50 to 54 inclusive , Records of Riverside County, California , said point being the TRUE POINT OF BEGINNING; THENCE, along the southerly line of Lot 19 South 89°44 ' 35" West a distance of 169 . 71 feet to the beginning of a tangent curve concave to the northeast and having a radius of 20.00 feet ; THENCE, northerly and westerly along said curve through a central angle of 111°57 ' 30" an arc distance of 39 .08 feet to a point on the westerly line of Lot 19 said point being the beginning of a compound curve concave to the southeast and having a radius of 1170 .00 feet , a radial line to said compound curve bears North 68°17 ' 55" West ; THENCE, northerly and easterly along said curve through a central angle of 11°27 ' 55" an arc length of 234 . 13 feet to a point , said point being tangent to the west line of Lot 1 of the aforementioned Tract , a radial line to said point of tangency bears North 56°50' 00" West ; THENCE, continuing along the west line of Lot 1 North 33°10' 00" East , a distance of 110. 07 feet to the beginning of a tangent curve concave to the south- east and having a radius of 20 .00 feet ; THENCE, northerly and easterly along said curve through a central angle of 84°47 ' 05" an are distance of 29 . 60 feet to a point on the northerly line of Lot 1 , said point being the- beginning of a reverse curve concave to the northeast and having a radius of 530.00 feet , a radial line to said reverse curve bears North 27°57 ' 05" East ; 1 r^ SANBORN & RYLEE Tentative Tract Map No . 20919 Legal Description page 2 THENCE, southerly and easterly along said curve through a central angle of 15°41 ' 30" an arc distance of 145 . 15 feet to the northeast corner of Lot 1 ; THENCE, South 12°15 ' 35" West a distance of 151 . 19 feet to the southeast corner of Lot 1 ; THENCE, South 89044 ' 35" East a distance of 110 .00 feet along the southerly line of Lot 1 to the point common to Lots 1 and 19 ; j THENCE, South 00015 ' 25" West along the east line of Lot 19 a distance of 135 .00 feet to the TRUE POINT OF BEGINNING. I 1 SANBORN & RYLEE Tentative Tract No . 20919 Legal Description PARCEL 1 A portion of the southeast quarter of Section 20, Township 5 South, Range 6 East , San Bernardino Base and Meridian and more particularly described as follows : Beginning at the southeast corner of Lot 19 , Palm Desert , Block V, Map Book 21 of Maps , at Pages 50 to 54 inclusive, Records of Riverside County , California , said point being the TRUE POINT OF BEGINNING; THENCE, along the southerly line of Lot 19 South 89°44 ' 35" West a distance of 169 . 71 feet to the beginning of a tangent curve concave to the northeast and having a radius of 20.00 feet ; THENCE, northerly and westerly along said curve through a central angle of 111°57 ' 30" an arc distance of 39 .08 feet to a point on the westerly line of Lot 19 said point being the beginning of a compound curve concave to the southeast and having a radius of 1170.00 feet , a radial line to said compound curve bears North 68°17 ' 55" West ; THENCE, northerly and easterly along said curve through a central angle of 11°27 ' 55" an arc length of 234.13 feet to a point , said point being tangent to the west line of Lot 1 of the aforementioned Tract, a radial line to said point of tangency bears North 56°50' 00" West ; THENCE, continuing along the west line of Lot 1 North 33°10' 00" East , a distance of 110 .07 feet to the beginning of a tangent curve concave to the south- east and having a radius of 20 .00 feet ; THENCE, northerly and easterly along said curve through a central angle of 84°47 ' 05" an arc distance of 29 . 60 feet to a point on the northerly line of Lot 1 , said point being the beginning of a reverse curve concave to the northeast and having a radius of 530.00 feet , a radial line to said reverse curve bears North 27°57 ' 05" East ; SANBORN & RYLEE Tentative Tract Map No . 20919 Legal Description page 2 THENCE, southerly and easterly along said curve through a central angle of 15°41 ' 30" an arc distance of 145 . 15 feet to the northeast corner of Lot 1 ; THENCE, South 12°15 ' 35" West a distance of 151 . 19 feet to the southeast corner of Lot 1 ; THENCE, South 89°44 ' 35" East a distance of 110.00 feet along the southerly line of Lot 1, to the point common to Lots 1 and 19 ; THENCE, South 00015 ' 25" West along the east line of Lot 19 a distance of 135 .00 feet to the TRUE POINT OF BEGINNING. I i 1 calf ° OF PAL H (DIES R7 x '63 276 P21JCw6W PWP Uqw®, Pagm DDszsa- q (a.S22(30 U DIVISION MAP jr G�PC��.dC�lA11r �i�! G�CQG3Cvl : a]®P��c�m®ALL � ®a�r�d�waw®wv�d �®�d�� a P��wwdw� calGr�d�d©w a SANBORN & RYLEE Applicant (please print) 250 Newport Center Drive Suite 200 ( 714) 759-8084 Mailing Address Telspn one Newport Beach, California 92660 Cl ty Stale Zlp-Cv e REQUEST: IOescrtbe speclflc nature of approval requested). TENTATIVE TRACT MAP PROPERTY DESCRIPTION: Lots 1 and 19 , Palm Desert Tract , M. B. 21 , pages 50-54 ASSESSORS PARCEL NO. 627-273-001 , -010 EXISTING ZONING R-3-20,000 Property owner Authorization The undsmigned states that they are the owner(s) of the property described herein and hereby give author izatlon far the filing of this application. Dark Agreement absolving the City of Paim Desert ofQltTabllittas motive to any deed restrictions. 1 Do BY MY SIGNATURE ON THIS AGREEMENT, Absolve the City of Palm Desert at all liabilities regarding any deed restrictions that rigy be applicable to the property described herein. -"5igriature Ddfte Applicants Signature �� Sign lure Oafs (FOR STAFF USE ONLY) Environmental Status Accepted by: n C ❑ Mlnisterlal Act E.A. No. ❑ CategorNegative Exemption CASE HO ❑ Ne alive Declaraflon (ia w0�!/ ❑ Other Reference Case No. Chen ..ENT su.vica ♦rs I� _ Dr r✓ pwvwwR-u4ca.4,ra..vxa/D>. :. ��I{�a{- """�tl ,1�.•"`.u` i !I � a �,�4 1 ;RorzR« .r.clu+f->...e[..�w.u; i � / / •�'��,i � ..-..� .. 1�—i� ' ¢e+•rfw rae a..TN r+czn )..1 �-�'i��`+.+"�`�� ' � /�y'" ">Y�'— �� 3� � - rfr.vs a�N,.TMR� .,,a¢m�olw.-.vc ,..�-»¢¢ D-us— :r',:4-"".,.rc j•_,:. lc �'!J✓ '� 9z.�� G�\•+� 7'�c.-%, ._` I I {peJKr T6 PwaM1 Oi MNW.wi-i0 1Y''�I-�f'au � �� r I. a np.RiMDMt-yq.MM�JIYM •4�..� 1 � .fY L ,� � '•� N rf[r, t•<ft wwo.awi Y.+eazzHwr e•... [�� s 11 �� m�i3fi •mzfari xo.of-I Y � D-+y �.;ti„ {�9, 3 I a 13 Z = 1M+1 H6YJIf 0!SITRN ,......, / 2 ) » to eVr! 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'e ` - n. y Y ( rfa�uy p..vie.e. •o�., .f,W^•H O Fc 7 ___ RWNra-wr, r.•..Rt u.2 n Y„ ` - a g ~ / SHA120W M 0 U ArAIN D21VE 4 _ I+e.a•p• I Immmir Will a 1 ■11111■ .., ■1011.114 �IIIIIIII Illl: ■1111 ■■■soon ■■■■� ■�■ElmMEW ■1�■■■q� ■■■■■■■■■■� ��■■■■ J' , , , i■ 1 ■■■■■■■NEW-, Ems- ■�■ ■■■■■■ :11 ■�� r .■■■■■ ■��i��i�u: � .�" soot DEC. -17' 98(THU) 16:40 C B SANDPIPER REALTY TEL:160 3600229 P. 002 Dec 17 96 11 :59a Reene Services 760-773-2650 P•t - r.`.~' , :. .Ii.. •'„i!"may;`" - el,.. ry� If 44, w L•' 'E�IiI i y � rr'�,:.��•;:. . � •fir .� �. .i,Na , I II p// ram` ✓... �' 'y .. J o�'` • 't' or klj l 1r. •O�-.r ,�A.'_^, 4 `, ,•` • Ay9' \\ �{'`"" '' ea e,;'Oe,`� � `e",6•''e• .✓•' r' `. .-A e' a iW^` ,.,,. I i� ;.' '. \ /. � \ M1 `RW^,'. � O•t�)p\"��pro�eW�r• � .r�'. ` �r;`• y--� y � dot" W `�b•+a �r�. (027 223 00 11olo 1♦flklU�lf wI.}YL_Lv40 M[R/f%-M'.MY asufa-�GJ4fl � . 4.- �I.fM iG ` f r YYiJ µ/CTa1G_ rMnl. Y4.sr W � W C„y q•� N.4IM puMRIR_rw1cR...Tcunwa w. 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' ` � AR{•IRY.I w�w{.�w.� .e{pa»•tlrl) { b1 al nurw-.r'r, ra.raRrc c.•e � d .. Y, ; � i 9 � .w•««•. rM4 SHADoH MOUtjrA1N' DRIVE lick -- L..R.,L CG... w.4/« 20 UNIT APARTMENT CONDOMINIUM PROJECT PALM DESERT , CALIFORNIA SANBORN & RYLEE WITH GERALD R. . LAWRENCE DEVELOPERS 250 NEWPORT CENTER DRIVE - SUITE 200 NEWPORT BEACH , CALIFORN.IA 92660 714- 759-8084 BY SANBORN & RYLEE - ARCHITECTS 250 NEWPORT CENTER DRIVE - SUITE 200 NEWPORT BEACH , CALIFORNIA 92660 714 - 759 - 8084 ti yam➢ I r- 1 - --� ------------------ r-1.3 O W O 2' ` o Z O C U 0 .OlLL�1i.�VV 1. d-;~ ✓� a W � T7 Ll .ILLCMU COKYYAM.Y Y U F a CY1Y Wp11T VY{ ✓ Y 1 Cy _ W C -ill,OF W' L - rrr .T os - - --- . P-2 GROUND FLOOR PLANS i. w o 0 o mGGGmiu�Gs � o " ° 'LOWn < W '4�B G�GG�uG. ...n vcwo wa�•�or °' F O U ' Wrtd • Q W i S N 0 � 1 o....... 00 C ii + P. SECOND FLOOR PLANS ¢ +• N9 l f.. rlP 3 c e. Leighton and Associates COX \\A�\� FY 4 , 01) P' �G mow =1q II . m . O'�� s. a.,• Ilk ,,✓- `\G� �/i C�/ ; \ "•U\\. ��as ii� Ill_ //� —vim ip jai• mall v Pre g If / c i IRON, LEIGHTON and ASSOCIATES /1 INCORPORATED SOIL ENGINEERING GEOLOGY GEOPHYSICS GROUND WATER HAZARDOUS WASTES GEOTECHNICAL INVESTIGATION PROPOSED APARTMENT/CONDOMINIUM COMPLEX SAN LUIS REY AVENUE BETWEEN LARREA STREET AND SHADOW MOUNTAIN DRIVE PALM DESERT, CALIFORNIA April 24, 1985 Project No. 5850239-01 Prepared for: Sanborn & Rylee 250 Newport Center Drive Suite 200 Newport Beach , California 92660 74-240 HIGHWAY 111, PALM DESERT, CALIFORNIA 92260 (619)568-0993 • (800)253-4567 IRVINE • WESTLAKE/VENTURA • DIAMOND BAR/WALNUT • SAN BERNARDINO/RIVERSIDE • SANOIEGO PALMDESERT • SANTA CLARITA/VALENCIA LEIGHTON and ASSOCIATES /1 INCORPORATED SOIL ENGINEERING GEOLOGY GEOPHYSICS GROUND WATER HAZARDOUS WASTES April 24, 1985 Project No. 5850239-01 TO: Sanborn & Rylee 250 Newport Center Drive, Suite 200 Newport Beach , California 92660 ATTENTION: Ms. Leone Sanborn SUBJECT: Geotechnical Investigation, Proposed Apartment/Condominium Complex, San Luis Rey Avenue between Larrea Street and Shadow Mountain Drive, Palm Desert, California Introduction In accordance with your authorization we have conducted a geotechnical investi- gation of the subject property. The scope of work included (1 ) site recon- naissance; (2) excavation, logging, sampling and backfiil of four exploratory borings up to 30 feet in depth; (3) laboratory testing of representative soil samples; (4) analysis of field and laboratory test data ; and (5) preparation of this report presenting our findings, conclusions and recommendations. The approximate location of the exploratory borings are shown on the drawing titled "Location of Borings". The base map was provided by Sanborn & Rylee. Accompanying Maps and Appendices Index Map - Page 2 Plate 1 - Location of Borings - End of Text Appendix A - Sampling and Testing Procedures Appendix B - Geotechnical Boring Logs Appendix C - Laboratory Test Results Appendix D - General Earthwork and Grading Specifications Appendix E - References 74-240 HIGHWAY 111,PALM DESERT,CALIFORNIA 92260 (619)568-0993 • (800)253-4567 IRVINE • WESTLAKE/VENTURA • DIAMOND BAR/WALNUT • SAN BERNARDINO/RIVERSIDE • SANDIEGO PALMDESERT • SANTA CLARITA/VALENCIA well J - 17 Pa l Well i7 r ilf • 16 i� I •. ,. I Ire for -- I EW OR 5133, • to Cn le¢e % _• .well r. . Of rhr 134rrt \ J •l�—�I. GRECNIEAI /BS ROdD �''r �• `'' � r- ' 0 � .'— a as•: I_r :::: •: .:. II S.. 200 �— —I G::--T •• r well <.a- 26J.; Bf7 v A ^�� ' 6t•�1\91\�.� • B 263 \L«_ .RAseCJ J 'r ��3. -=v i . : ti•�,��jt i[.I \.:Palm ,. "�, DR wE '�l ! ` ' •� I L ( \ �. .'::Desert —. 1�=J,.1RDNFOD. .••. Y ST Palm Desert 360 -�i � 1 o � a• __ .I � i -��•�' —: C' - •i__320` 29C O-u R S E ter- 28 10, rb 0 0 2000 4000 scale feet INDEX MAP OF PROPOSED APARTMENT/CONDOMINIUM COMPLEX SAN LUIS REY AVENUE BETWEEN LARREA STREET AND SHADOW MOUNTAIN DRIVE PALM DESERT, CALIFORNIA Base Maps : USGS 71, ' Quadrangles : "La Quinta , California" , Rancho Mirage, California" - 2 - 5850239-01 SUMMARY OF FINDINGS AND PROPOSED DEVELOPMENT Site Conditions The subject site covers slightly more than one acre in Palm Desert, California. The site is located approximately one-quarter mile south of Highway 111 , east of San Luis Rey Avenue. It is bordered on the north by Larrea Street, on the south by Shadow Mountain Drive, and on the east by existing residential areas . The site is underlain by alluvial deposits typical of the area. At the time of our field investigation, the site was undeveloped and no signs of any man- made structures were observed. Minor surficial trash and debris was observed on the site. Sandy soils were exposed at the ground surface and vegetation consisted of scattered grasses and desert shrubs. The site was relatively level with no defined pattern of surface drainage. Proposed Development We understand that the subject site will be developed to support a complex consisting of one- and/or two-story, light wood-framed type apartment and condominium buildings , swimming pool and spa areas , and paved driveway and parking areas. No structural load information or grading plans were avail- able at the time of this report, however, the final grades are expected to be at or near the existing grades or to require relatively minor cuts and fills. I u ILJLJ 3 _ LEIGHTON and ASSOCIATES INCORPORATED 5850239-01 FIELD AND LABORATORY INVESTIGATION Our subsurface exploration was conducted on April 2, 1985. The subsurface soils were examined by means of four borings drilled to depths of 30 feet. The borings were drilled using a hollowstem continuous flight auger. Standard Penetration Testing was performed and relatively undisturbed sam- pling were taken in the borings . Sampling procedures are described in Appendix A. All borings were logged by our field engineer concurrent with their excavation. Summaries of our observations are presented in the boring logs in Appendix B. Laboratory soil testing included determination of maximum density, optimum moisture content, sand equivalent, grain size distribution, in-situ mois- ture content and density, and shear strength tests. Testing procedures are described in Appendix A. Test results are included in Appendix C and on the boring logs in Appendix B. - 4 - LEIGHTON and ASSOCIATES INCORPORATED 5850239-01 SUMMARY OF GEOTECHNICAL CONDITIONS 1 . Earth Materials The earth materials encountered during our site investigation consisted of alluvial soils , mainly sands with some silt and gravel , gray in color, fine to coarse grained, generally moist and medium dense. Sieve analysis of three samples indicated from 7 to 10 percent of the soil fraction passing the #200 sieve. Sand equivalents of samples tested were found to range from 50 to 74. 2. Expansive Soils Based on their classification, the expansion potential of the on-site soils are estimated to be very low. 3. Ground Water No free ground water or seepage was encountered in any of the trenches during our investigation. Based on information from the Coachella Valley Water District, the depth to ground water in the vicinity is expected to be on the order of 170 feet or more. 4. Seismicity The nearest active or potentially active fault to the site is the San Andreas fault zone, B miles northeast of the site and the San Jacinto fault which is 16 miles to the southwest. Regional maps show no known faults to be present or adjacent to the site. The site is not included in the California Special Studies Zone. Liquefaction, a phenomenum involving total or substantial loss of shear strength in saturated soil , is caused by the buildup of excess hydro- static pressure in saturated cohesionless soils as a result of cyclic stresses generated by ground motions . The Riverside County Seismicity and Safety Element (1976) indicates that the liquefaction potential at the site is minimal . Our investigation confirms this report. _ �p 5 LEIGHTON and ASSOCIATES INCORPORATED 5850239-01 CONCLUSIONS AND RECOMMENDATIONS Conclusions Based on the results of our field exploration, laboratory testing and our experience and judgement, the site is suitable for the proposed development. Some overexcavation, scarification and reworking of soils as compacted fill is recommended for areas to support structures or pavements and to provide adequate and uniform bearing and limit the potential for excessive differ- ential settlement. Recommendations 1 . Site ~reparation The site should be stripped of any trash , vegetation, asphalt, concrete, and other debris up to the required depth and these should be hauled off- site. After clearing, the existing ground should be excavated to a depth of 18 inches , extending a minimum of 5 feet beyond the building/ footing lines, in the plan. The exposed excavation should be further scarified, thoroughly soaked to saturate the dry sandy soils , and recom- pacted to 90 percent relative compaction to a depth of 12 to 18 inches prior to replacement of the excavated material as compacted fill . In the driveway and parking areas , the upper 12 inches of existing ground should be scarified and recompacted to 90 percent relative com- paction prior to placement of soils as compacted fills. All grading should be performed in accordance with the General Earth- work and Grading Specifications (Appendix D) except as modified in the text of this report. 2. Compacted Fills The on-site soils , free of organic material , are suitable for use in compacted fills. The fill materials should be placed in thin lifts, moisture-conditioned and compacted to at least 90 percent relative compaction according to ASTM D1557-78. Thorough watering and the use of heavy rubber-tired/vibratory equipment should provide good results. 3. Shrinkage-Subsidence Based on test results, scarification and recompaction of the upper founda- tion soils should result in a shrinkage of approximately 10 to 15 percent. Furthermore, a subsidence of 0.15 feet should also be considered due to preparation of areas to receive fill and equipment operations. I u ��• 6 LEIGHTON and ASSOCIATES INCORPORATED 5850239-01 4. Foundation Design a. Footings After site preparation as recommended, the use of shallow continuous footings or isolated pad footings is feasible. The footings should be at least 18 inches deep and 15 inches wide. The depth of the footings should be measured from the lowest adjacent final grade. For this depth , an allowable bearing value of 2000 psf is recommen- ded. This value may be increased by one-third for wind or seismic loads. Reinforcement of footings with at least two No. 4 bars at the top and two No. 4 bars at the bottom will reduce the potential for foundation cracking as a result of deep, localized ground satura- tion. While the potential for this may not be high , this or an equiv- alent level of reinforcement. is recommended as a cost-effective pre- cautionary measure. b. Slabs-on-Grade Slabs-on-grade should be at least 4 inches thick. A moisture barrier consisting of Visqueen, properly protected with sand above and below, should be provided where moisture-sensitive floor covering is planned. Light wire mesh reinforcement may be provided to minimize distress due to hydroconsolidation, temperature and shrinkage stresses. c. Concrete The slab subgrade and footing excavations should be properly moistened prior to placing of concrete. Low slump concrete (preferably 4 inches) when properly vibrated and cured will have a very low potential for shrinkage cracking. 5. Drainage Surface drainage should be directed and maintained away from the foundation towards the street or approved drainage devices. Ponding of water adjacent to the foundations should be avoided. Minimum drainage gradients of 2 per- cent in landscaped areas and 1 percent in paved areas are recommended. Planters and landscaped areas adjacent to the building perimeter should be designed to minimize water infiltration into the foundation soils. Con- sideration should be given to the use of planters with closed bottoms. The swimming pool and spa should be properly installed and sealed under expert supervision to minimize water infiltration into the subsoils . 6. Pavement Section Based on the classification , we expect the 'R' value of on-site soils to be on the order of 50 or more. With an R-value of 50, a tentative structural pavement section consisting of 3 inches AC over compacted native soils should satisfy an assumed Traffic Index of 4. This Traffic Index is gen- erally assumed for pavement design of parking stalls and light service con- ditions. A Traffic Index of 5 or more, generally assumed for travelled lanes, would result in a thicker structural section. n�nn I u �LJu• 7 _ LEIGHTON and ASSOCIATES INCORPORATED 5850239-01 We recommend that 'R' value tests of the materials exposed on the sub- grade be performed and pavement sections be designed based on test results. The upper 6 inches of subgrade materials below pavements should be compacted to 95 percent relative compaction. 7. Seismic Considerations Seismic design considerations for structures in the southern California area are critical because of high regional seismic activity. Seismic design should be in accordance with provision of applicable codes. 8. Excavations The on-site soils are subject to caving. Particular attention should be given to the possibility of caving along trench excavations. Laying back of deep utility excavations (or shoring) should , therefore, be a con- sideration. Temporary excavations during construction should be designed in accordance with the applicable safety codes. Sandy soils exposed in temporary construction excavations should be kept moist but not satu- rated to retawd ravelling and sloughing during construction. 9. Construction Observations and Testing Grading plans and construction/foundation plans should be reviewed by Leighton and Associates, inc. , prior to grading. Construction should be observed by this office at the following stages: a. Upon completion of clearing and during excavation of building and pavement areas. b. During all stages of grading and earthwork operations including scarification, precompaction, and while utility trench backfill- ing. c. Prior to paving or other construction overfill or backfill . d. When any unusual soil conditions are encountered during construc- tion. A final report should be prepared upon completion of rough grading, summa- rizing the compliance with this report and geotechnical observations made during the grading work. nn�nQ - 8 LEIGHTON and ASSOCIATES INCORPORATED 5850503-01 Should you have any questions concerning this report, please contact this office. We appreciate the opportunity to be of service. Respectfully submitted , LEIGHTON AND ASSOCIATES, INC. �� •d� Brent J. Irram Geotechnical Engineer Reviewed and Approved by: i Iraj Poormand, RCE 20968 Chief Geotechnical Engineer BI/mjc Distribution: (6) Addressee - 9 - IJLJ LEIGHTON and ASSOCIATES INCORPORATED F�Z mo Cg12 B — i 10 13 M Zto `m W 9 / .2° O b m J c � o 0 w a 14 uounr -POOL 6C ' .. Z j ° e + 16 F- p / W in 6 B-3 9. p V a 5 to °° a i 4 Q.,17 a R / 3 v— 18 t w : ' 2 19 z o - e 1 20 o : Oo 4 R Y Z o �---- — - - -- indicates number and Cn _ SHADOW MOUNTAIN approximate location of Q exploratory boring SITE PLAN !GALE i :2P.° a �P-1 O z 1 i F e t a v Y' ';T 3 htA.ay� " y' r5 cA �%� xt `` r7 t R X �:}.r R'A,' !• r "4t f ty + LI .t .r t��, A i 1 A • - SY �y. d �`�,-,r a _ � •t yl , A 1 { fey s l E� ti [ ya• r � "APPENDIX I „ S+ s � t+� ..$ �}?y s S• ci turf, At --:J 3 Y � Yf If . � `r� y'y; • PT - 1 - � �7 `t .Z:f � ♦ {r ✓ 'M S j}+ ,., S 1� '. �.� r a a "ice" l 9 f {7 -f r i 1 i I Il 1 SS tom: � .� ♦t I F �a { _ r i 3 , t n ,II LE IGHTGN and ASSOCIATES •�i _- - ? kNCORPORATEU--. 5850239-01 APPENDIX A SAMPLING AND TESTING PROCEDURES SAMPLING PROCEDURES Undisturbed Samples: Samples of the subsurface materials were obtained from the exploratory borings as nearly as possible in an undisturbed state. The depth at which each undisturbed sample was obtained is shown on the Boring Logs. The sampler used to obtain undisturbed samples as a drive sampler with an external diameter of 3.0 inches which was lined with 1-inch long, thin brass rings with an inside diameter of 2.4 inches. The sample barrel was driven into the ground by a 140-pound drive weight falling 30 inches . The number of blows per foot of penetration was noted and recorded on the Boring Log. The blow count serves as an index to the relative resistance of the sampled materials. The ring samples were removed from the sample barrel , sealed and returned to the laboratory. Representative Samples: Standard Penetration Tests (SPT) were also performed in the borings. The split-barrel Standard Penetration sampler has an inside diameter of 1 .4 inches. The number of blows required to drive the sampler 12 inches, with the 140-pound hammer dropped 30 inches , is identified as the Standard Penetration Resistance N-value. Many correlations have been made between SPT values and soil properties. Empirical correlations also permit the blows of different energy or sampler sizes, such as ring samples, to be converted into SPT values. Bulk samples of representative materials were also obtained from the boring, bagged and transported to our laboratory for classification and physical testing. LABORATORY TESTING PROCEDURES Classification Tests: Typical materials were subjected to mechanical grain- size analysis by wet sieving with U.S. Standard brass screens. The data were evaluated in determining the classification of the materials. A graphi- cal presentation of the grain-size distribution is presented in the test data and the Unified Soil Classification is presentated in both the test data and the Boring Logs. Maximum Density Tests: The maximum dry density and optimum moisture content of typical materials were determined in accordance with ASTM D1557-78. Sand Equivalents: The sand equivalents of typical samples were determined in accordance with ASTM D2419-74. Direct Shear Test: Direct shear tests were performed on a relatively undis- turbed sample to determine its shear strength characteristics. The strain rate used was 0.05 inches per minute. A - 1 ULJLJ• LEIGHTON and ASSOCIATES INCORPORATED f , APPENDIX B 't f •9 LEIGHTON and ASSOCIATES INCORCORATEV �4gS Boring No. (3-1 Sheet I of Date: I�P�ClL Zr Project: 5An1Gon-^1 QYLcE Job No. 5"35-0237 -0 / Drilling Method & Diameter: g" HOLLOW STpA Aar, Equipment Co. Ta uM C0L-69Jn'rranl Drive Weight: cz Average Drop 30 Inl . n Elevation: Ref. or Datum: SrrE QLA.I field Engineer: 1` a O Z 4 (D N N i- M L n oa d GEOTECHNICAL DESCRIPTION N N N (1 — L C O! 0- o F= O 3 n Q, aJ Y 1., A N _ 0 7 O V �.., U CL N r O � uI/ , IV= 57_ . SAnID WITR SILT) F1n{E-"n-- tbA"E- �1 6(ZArr.IED � rAn. DehIsE� DRY Ta SL1&4TVl t-iorST GrZA`/ OGL. QeAJEL Th 1 Y„ 5 R-► 6 IS PksSinlG it60 SIEVE S7f-2 8;. I S 1D R Iq n10 Eco� y 2-1 O�c• SILTrE+2 � CLEw+�lE2 Z°N� VAR. C MM, l cn TMT 20 R-2 21 i2 Q(o ¢./o � SPf-1 �erc. r,�Dic.r[ss fJuN8E2 PAD DEM OF S OWDAZ PE#4cMATo4 TESTS. (Q-I� ETL. rnlbtCAI 5 n1QM(32d AnlD 2$ DEP7U of 121n16 SAMPL- 5 I CnfD of Qo2rnlfa 3r01_ _FEET Faes GeDuNM 30 lASkiFR c Nc�UN fEQED LEIGHTON and ASSOCIATES, INC. , B-1 �� Date: Aey-II Zt �� K Boring No. .0 Sheet_ of Project: SAn1C302n1 2yLEF Job No. S8S0239-01 _ Drilling Method & Diameter. Hotww Sy� Au6M Equipment Co. LATuwl E�PLOr2 r�10t-1 Drive Weight: I4-0 LB. Average Drop 30 ntnl . Elevation: Ref. or Datum: SITE YLAnI Field Engineer: (Z, H a nO ^ n z a aJ.... ,n r N L p t .o va n ai Q� +� y �, N GEOTECHNICAL DESCRIPTION n M r L O N n a) L .n O-Q p a� ai Y a.+ T V7 _ O U N L.)l1• 7 N 4-- N C:1 Co U L n O O O tb O O p U ✓1 IAA 3 f SPA 1 2t � LoosE Ta f LeD. L7ET�SE, DfLy , (a2AV 1 SAND Enutvxtx*!r = So ElLJEYt- sSttr ' I W 'QEcorn.E5 FttJE -aiED.-GoMLSE C,PJ�tNED, � SPf-2 gy iA SL. r-IDtST- � µtnlo0- SLL.-r In T oc.c. 6P-PNEL- Ta 2" k/ R-1 ttt 24 109 �.2 IS t rJ= SPF3 16y 47 42 2.4 �= 6 "t_ENSE or ,(Dtsr 6". SAAW sttr 2S sir-4 2�2 �o No M t�o �'�� Cat2oL1N� �� EJcnuNrrnr� LEIGHTON and ASSOCIATES, INC. , B 2 � ,:,, Date: _A et -1L Z' IQ �i Bor, nc No. J� Sheet I of Project: SAt1BC)(W 24LEE Job No. Drilling Method & Diameter: :3" { 0%-I,00 Seem kCGe'2 Equipment Co. DATtlM LOl402AT(Dr"l Drive Weight: 1 46 Lb• Average Drop W inl . Elevation: Ref. or Datum: SITe- Qcprnl Field Engineer: v � az v v GEOTECHNICAL DESCRIPTION 7 N ND C] U f 0 O 0 swfJ /Sy{n1D w %-N SIL-T : FINE . Nam- ebM2-ss � taQ.lkll�� UaY � LooSc` TD �'1e0. VC'�15E� SPf—I 3i 7 Grt��. SAn1D EQU1V tV14'r =74 s 1z 19 f�o &v Y Oc�. G2n�Et. � 24 y-jE'Ca„n,Es St.. MOIST l� c _ 21 11 9-7 lS (� 69 110 1c> coJ y 26 SPT3 24L �� l2� zErJSE of s�. Ko,sr Grtny-�Rou�� SAMDy SILT SPT 4 ZZ, 14 ErID or- &a-iN4 3O r-EE= 3o Svrs 30 3� ►Jo Free: GQouKID u)A� ENCOU�D, ��;;' LEIGHTON and ASSOCIATES, INC. . B 3 1 ., '7-Z.A ' Qp GEOTECNNICAL BORING LOG ite: Age-it, 21 � 10� Boring No.__A-- Shee � of project: SP%r4 a 4 4 12YL01C Job No. -i11ing Method & Diameter: 'F" OoLLCU-> ' zr AAdGaUquipment Co. DATUM E- nRtZft-FlOyd ,•ive Weight: 140 L6- Average Drop 36) W - �� ' evation: Ref. or Datum: SITE PLkr4 Field Engineer: ], .-2 i y ea a' n vL +� GEOTECHNICAL DESCRIPTION c ai�- a a s n ro o.a+ 3 N N 41 Y y TN d. O O V y U O Q1 w V10 coU &-d O ' O CO O O U N r SPf I ly �' t SAND w,T4 SIFT : FEE rdED.-GokP�sE �S 6cpwJED, �dED. DETISE� D2y 1-0 5L. M01ST , Ca 7% PA-SSIK16 �r206 S[EvE' occ. av-AvELs TO � �Q �' �_ ,Q•LT. l,Ei.15ES SL, MoiSr�(3Qe�.1rJ S/tNDV SALT SPi-3 Ity i3 r is (Z 32 1�o e-cove Vey I-- 20 �= SV�4 2Ii l,E►JSES sL. ►-totsr &w- S+H.40v SALT � I- �2 5I L714 SA-KID r - _� 2 30 I_ t✓n1D of G60-k MCE W PEET- -30 S 3 p ►�� t�O r'94EE C,Qow,tb WATYL G�&JT D ss r i+i ix APPENDIX C 4 f i LPIGHTON and ASSOCIA-',] IN COF PpRgT_'J MAXII1UM DENSITY TEST RESULTS # SOIL TYPE OR OPTIMUM MAXIMUM DRY LOCATION SOIL DESCRIPTION MOISTURE M DENSITY ( PCF ) B-3 @ 9' - 13' Sand with silt: Fine-med.- 9.5 124.0 coarse grained (SW/SM) *Tests performed in accordance with ASTM D1557-78. SAND EQUIVALENT TEST RESULTS LOCATION SOIL DESCRIPTION SAND EQUIVALENT" B-2 @ 2' Sand with silt: Fine-med.-coarse 50 grained (SW/SM) B-3 @ 31 ' Sand with silt: fine-med.-coarse 74 grained (SW/SM) **Tests performed in accordance with ASTM D2419-74 Project No: 5850239-01 LEIGHTON & ASSOCIATES Plate No. : C-1 --®ate®��•0A•�O�q�� ' vas®s�e�vv�vav�v��v�� ®Om®•®•B�•�•••mOO•m/10% /q••O•q®•q•gOO••�gq•�qMY4O• gmgm®�m�/�o�•gq••�o�mo�vr��uOWN _ • NA��g1vO0�q�q�N��gm��O�e��M /IN�q rN��vv�v�o®N�o�avNv��i'�:••o�� vmvv�v��v�vvmv��vv� D.r��v�� moll MIN �m�mggVj � ��q��q•q��•�gm��q��g0� ��va�ovs�av�vvo�s��aa�vv��vvev� s�o�o�u�o��moammoom am•m�mq�m�mq•ggomqmo•�� ®s�ggq�mq®gq��vq®ow�m�� N�NNN�NNINN�NO�N�N�O� m�v�•e�vN�v�vs�vv�vo m��o .vv�vo��o vv��v �vvwa • 1 DIRECT SHEAR SUMMARY 320 3000 SOIL TEST 10605 310 84 300 290 280 270 2500 260 250 240 230 220 210 2000 — 200 190 ISO 0 170LL -y n 160 r - 1500 150 m cn I40 D j 130 120 110 z 1000 100 90 N 80 70 60 500 50 40 _ 30 20 10 0 p 500 1000 1500 2000 2500 3000 NORMAL STRESS, PSF Moisture Contents Sample Location Symbol Before After Friction Angle Cohesion Remarks ` O __ __ 320 105 psf Peak I B-1 , R-2 @ 21 - ® __ __ 300 50 psf Relaxed oject No: 5850239-01 LEIGHTON & ASSOCIATES Plate No: C-3 R''" y ` °' x r.. a v.(r � f '� `� � F r �,r ¢x AY xp �� •�7 c ;„y as `�A. 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A ,�.,' ' � y.r TV n' f�Y k� ir•� LY #� � � ��1 _� C � � �' 1 _� W� 'b � b � � - �1 .e�. i ,f}y 4. s,'3. 3 { 4 � i ... �• .:: � J .; '1 •.� M 3�aT^k. � I}',. ly u��i �., ti ° ., 0. q ... a ,t � ," RSA "iY r n '� •t .�.� ip, � 1 ' jr�rifta• s.r * d ' t y nI�C !f mR {T. vy� ' "' �? ? +F= '! r' €" y •N'ae Y f v .dISO ^ L11 .n. N o r� -' �x q- ,I; � n� v ��'ydf,} 3' �a' >•� � yrkk; � �F �?y E 2ryr r�, x e A- ,". #♦Y^" Mi k9 z v F'R(T`e. �seM s�A Y.yy u t �"�9 R� 3,N 'a" 3e�r �r�• va+'i� 4A' f'�''�'° '�'� � �i�a.M�ws''yT��p i'._:.aJ�A ✓'. ,.. '• ' , . �1 gr. � P,.cikru yy r.. � t'w 1^ �i Fi' ?'x a"i ' "I' a t cr'. aN t k+L Aw 7t(�� 4,arr�a Ai•. AI � � ,Fr r r �" �� faY �{:�� 4 � �.�� x 'ja�2} � 9 r > r 's-+ ' �' _ aR '•i ` aka x fit' y R p �.�Flffv a 'ti�, �� t «^a •1 !. �{ ham, A� � � :.: dVINT lot r°rt9r1 s ylr�o s s, fF1' It •',t' P .' jo yyy r' Y i,yr 'a'� � 'r yyp• .�f 'FA�ss r'AIA��p�• Sf' � �.I. -..Aid I r � k ,�y��Y y�! 1 r•'�+. r1 r �: �.r.��. „,� JI,� � 4. f: �� I � kW .... —.- 1 � 3"!.�'L'. GENERAL EARTHWORK AND GRADING SPECIFICATIONS 1 .0 General Intent These specifications present general procedures and requirements for grading and earthwork as shown on the approved grading plans, includ- ing preparation of areas to be filled, placement of fill , installation of subdrains , and excavations. The recommendations contained in the geotechnical report are a part of the earthwork and grading specifica- tions and shall supercede the provisions contained hereinafter in the case of conflict. Evaluations performed by the consultant during the course of grading may result in new recommendations which could super- cede these specifications or the recommendations of the geotechnical report. 2.0 Earthwork Observation and Testing Prior to the commencement of grading, a qualified geotechnical consultant (soils engineer and engineering geologist, and their representatives) shall be employed for the purpose of observing earthwork procedures and testing the fills for conformance with the recommendations of the geo- technical report and these specifications. It will be necessary that the consultant provide adequate testing and observation so that he may determine that the work was accomplished as specified. It shall be the responsibility of the contractor to assist the consultant and keep him apprised of work schedules and changes so that he may schedule his personnel accordingly. It shall be the sole responsibility of the contractor to provide adequate equipment and methods to accomplish the work in accordance with applicable grading codes or agency ordinances, these specifications and the approved grading plans. If, in the opinion of the consultant, unsatisfactory con- ditions, such as questionable soil , poor moisture condition, inadequate compaction, adverse weather, etc. , are resuiting in a quality of work less than required in these specifications, the consultant will be em- powered to reject the work and recommend that construction be stopped until the conditions are rectified. Maximum dry density tests used to determine the degree of compaction will be performed in accordance with the American Society for Testing and Materials test method ASTM D1557-78. 3.0 Preparation of Areas to be Filled 3.1 Clearing and Grubbing: All brush, vegetation and debris shall be removed or piled and otherwise disposed of. I• D - 1 ��Jf LEIGHTON and ASSOCIATES INCORPORATED 3.2 Processing: The existing ground which is determined to be satis- factory for support of fill shall be scarified to a minimum depth of 6 inches. Existing ground which is not satisfactory shall be overexcavated as specified in the following section. Scarifica- tion shall continue until the soils are broken down and free of large clay lumps or clods and until the working surface is rea- sonably uniform and free of uneven features which would inhibit uniform compaction. 3.3 Overexcavation: Soft, dry, spongy, highly fractured or otherwise unsuitable ground , extending to such a depth that surface process- ing cannot adequately improve the condition, shall be overexca- vated down to firm ground , approved by the consultant. 3.4 Moisture Conditioning: Overexcavated and processed soils shall be watered, dried-back, blended , and/or mixed , as required to attain a uniform moisture content near optimum. 3.5 Recompaction: Overexcavated and processed soils which have been properly mixed and moisture-conditioned shall be recompacted to a minimum relative compaction of 90 percent. 3.6 Benching: Where fills are to be placed on ground with slopes steeper than 5:1 (horizontal to vertical units) , the ground shall be stepped or benched. The lowest bench shall be a minimum of 15 feet wide, shall be at least 2 feet deep, shall expose firm material , and shall be approved by the consultant. Other benches shall be excavated in firm material for a minimum width of 4 feet. Ground sloping flatter than 5:1 shall be benched or otherwise overexcavated when considered necessary by the consultant. 3.7 Approval : All areas to receive fill , including processed areas, removai areas and toe-of-fill benches shall be approved by the consultant prior to fill placement. 4.0 hill Material 4.1 General : Material to be placed as fill shall be free of organic matter and other deleterious substances, and shall be approved by the consultant. Soils of poor gradation, expansion, or strength characteristics shall be placed in areas designated by the con- sultant or shall be mixed with other soils to serve as satisfac- tory fill material . 4.2 Oversize: Oversize material defined as rock, or other irreducible material with a maximum dimension greater than 12 inches, shall not be buried or placed in fills, unless the location, materials, and disposal methods are specifically approved by the consultant. Oversize disposal operations shall be such that nesting of over- size material does not occur, and such that the oversize material n Q O - 2 I u �LJIJ• LEIGHTON and ASSOCIATES INCORPORATED is completely surrounded by compacted or densified fill . Over- size material shall not be placed within 10 feet vertically of finish grade or within the range of future utilities or under- ground construction, unless specifically approved by the consultant. 4.3 Import: If importing of fill material is required for grading , the import material shall meet the requirements of Section 4.1 . 5.0 Fill Placement and Compaction 5.1 Fill Lifts: Approved fill material shall be placed in areas pre- pared to receive fill in near-horizontal layers not exceeding 6 inches in compacted thickness. The consultant may approve thicker lifts if testing indicates the grading procedures are such that adequate compaction is being achieved with lifts of greater thick- ness. Each layer shall be spread evenly and shall be thoroughly mixed during spreading to attain uniformity of material and mois- ture in each layer. 5.2 Fill Moisture: Fill layers at a moisture content less than optimum shall be watered and mixed , and wet fill layers shall be aerated by scarification or shall be blended with drier material . Moisture- conditioning and mixing of fill layers shall continue until the fill material is at a uniform moisture content at or near optimum. 5.3 Compaction of Fill : After each layer has been evenly spread, moisture-conditioned, and mixed, it shall be uniformly compacted to not less than 90 percent of maximum dry density. Compaction equipment shall be adequately sized and shall be either specif- ically designed for soil compaction or of proven reliability, to efficiently achieve the specified degree of compaction. 5.4 Fill Slopes: Compacting of slopes shall be accomplished, in addi- tion to normal compacting procedures , by backrolling of slopes with sheepsfoot rollers at frequent increments of 2 to 3 feet in fill elevation gain , or by other methods producing satisfactory results. At the completion of grading, the relative compaction of the slope out to the slope face shall be at least 90 percent. 5.5 Compaction Testing: Field tests to check the fill moisture and degree of compaction will be performed by the consultant. The location and frequency of tests shall be at the consultant' s discretion. In general , the tests will be taken at an interval not exceeding 2 feet in vertical rise and/or 1 ,000 cubic yards of embankment. 6.0 Subdrain Installation Subdrain systems, if required, shall be installed in approved ground to conform to the approximate alignment and details shown on the plans or herein. The subdrain location or materials shall not be changed or D - 3 111-• ft LEIGHTON and ASSOCIATES INCORPORATED modified without the approval of the consultant. The consultant, however, may recommend and upon approval , direct changes in subdrain line, grade or material . All subdrains should be surveyed for line and grade after installation and sufficient time shall be allowed for the surveys , prior to commencement of filling over the subdrains. 7.0 Excavation Excavations and cut slopes will be examined during grading . If directed by the consultant, further excavation or overexcavation and refilling of cut areas shall be performed, and/or remedial grading of cut slopes shall be performed. Where fill -over-cut slopes are to be graded, unless other- wise approved , the cut portion of the slope shall be made and approved by the consultant prior to placement of materials for construction of the fill portion of the slope. LJLJ• D - 4 LEIGHTON and ASSOCIATES INCORPORATED `3 x Y � o . .. �.3 Y - K' T.{ yr�Y y'dF aPf t1 •4 � APPENDIX E dA ;f i •'y- �� it ;;. i e�-�1 r t t '.L:f i p` �er j . 1 _ ,° k• t ( - F f \ - :•:��' ifl; I >3 LE I GHTON and ASSOC tATES PO R A T E eJ trl 5850239-01 APPENDIX E REFERENCES 1 . Envicom Corporation and the County of Riverside Planning Department, 1976, Seismic Safety Elements Technical Report for the County of River- side. 2. Leighton & Associates, Inc. , 1984, Geotechnical Investigation , First Bank of Palm Desert, Northeast Corner of Highway Ill and Monterey Avenue, Palm Desert, California , report dated October 15, 1984, Project No. 5841127-01 . 3. , 1984, Preliminary Geotechnical Investiga- tion, Proposed Apartment Complex, West of Washington Street near Mountain View, Bermuda Dunes, California, report dated November 17, 1984, Project No. 5841338-01 . 4. , 1985, Preliminary Geotechnical Investiga- tion, Six Unit Condominium Complex, Lot 13, Ocotillo Drive, Palm Desert, California , report dated February 1 , 1985, Project No. 5850137-01 . 5. 1985, Geotechnical investigation , Proposed Hotel Complex, South of Highway 111 Near Deep Canyon Drive, Palm Desert, California , report dated March 1 , 1985, Project No. 5850290-01 . E - 1 I u �LJu• LEIGHTON and ASSOCIATES INCORPORATED CK 11 dd •a r Sl M1 4V p1.J` .. IN \ r � w n ! fill P � I • 1 � .\��000'ff� � ram` f r a \ �` ♦ c; k trl � .. 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