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HomeMy WebLinkAboutTT 23940-3 SUNTERRACE HOMES 1997 rp� q�1 z ESTABLISHED IN 1918 AS A PUBLIC AGENCY COACHELLA VALLEY WATER DISI 4ALM6ESERTeRiASENT POST OFFICE BOX 1058•COACHELLA,CALIFORNIA 92236•TELEPHONE(760)398-2651 DIRECTORS OFFICERS TELLIS CODEKAS, PRESIDENT THOMAS E.LEVY,GENERAL MANAGER-CHIEF ENGINEER RAYMOND R. RUMMONDS, VICE PRESIDENT October 15, 1998 BERNARDINE SUTTON,SECRETARY JOHN W. McFADDEN OWEN MLCOOK,ASSISTANT GENERAL MANAGER DOROTHY M. NICHOLS REDWINE AND SHERRILL,ATTORNEYS THEODORE 1. FISH File: 0163.1 Department of Community Development City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Gentlemen: Subject: Tentative Parcel Map No. 23940-3, Portion of the Southeast Quarter of Section 10, Township 5 South, Range 6 East, San Bernardino Meridian This area lies on the sandy area in the northern portion of Palm Desert and is considered safe from stormwater flows except in rare instances. This area is designated Zone C on Federal Flood Insurance rate maps which are in effect at this time. The district will furnish domestic water to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. If you have any questions please call Dan Farris, principal stormwater engineer, extension 264. Yours very truly, Tom Levy General Manager-Chief Engineer cc: Don Park Riverside County Department of Public Health 46-209 Oasis Street Indio, California 92201 DF:cb\eng\Bw\98\oct\tpm23940 TRUE CONSERVATION USE WATER WISELY City ®f Palm Desert 73.510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 June 12, 1997 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 23940-3 APPLICANT (AND ADDRESS): FOXX DEVELOPMENT for SUNTERRACE, 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of elevations and site planning for Lots 5, 6, 7, 8, 11 and 13 LOCATION: Sunterrace (Northwest comer of Hovley Lane East and Eldorado Drive) ZONE: PR-5 ------------- - ---- ---------------------------- _ ---------------~---- Upon reviewing the submitted plans and presentations by staff and by the applicant,the architectural commission approved the elevations for Lots 5, 6, 7, 8, 9, 11 and 13 subject to the terms of the agreement between Foxx Development dated June 6, 1997 and Sunterrace Architectural Committee conditions dated June 9, 1997. Foxx Development to provide a revised site plan for final approval. Date of Action: June 10, 1997 Vote: Carried 6-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within ten(10)days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) ------------------------------------------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. PP", Paper r MINUTES ARCHITECTURAL REVIEW COMMISSION JUNE 10, 1997 ZONE: P.C. (2) Mr. Smith reported that when the commission reviewed the plans at its last meeting it was looking for more material. He showed where they have added material on the east, south and north side and ten additional mondale pines. Commissioner Van Vliet indicated that most of the trees in the slope area off Dinah Shore Drive were queen palms so they won't provide much shade. Commissioner Connor agreed and added that he did not want to rely on something that would probably die in a few years (dwarf oleanders). Action It was moved by Commissioner Connor, seconded by Commissioner Urrutia, to approve the revised final landscape plan for the fueling facility subject to adding three (3) additional trees in the south landscape bed facing Dinah Shore Drive and changing out the dwarf oleanders per review by Eric Johnson. (Commission expressed concern with the use of oleander based on the recent Los Angeles Times article indicating the long term effect of the disease problem.) Motion carried 6-0. 3. CASE NO.: (T'1,_23940-3 ' APPLICANT(AND ADDRESS): FOXX DEVELOPMENT for SUNTERRACE, 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of elevations and site planning for Lots 5, 6, 7, 8, 11 and 13 LOCATION: Sunterrace (Northwest corner of Hovley Lane East and Eldorado Drive) ; ZONE: PR-5 Mr. Smith reported that he had a phone conversation with Mr. Foxx earlier that morning and Mr.Foxx had indicated that there had been some sort of agreement with the homeowners association. Mr. Foxx addressed the commission stating that the Sunterrace Homeowners Association's Board members were in the hall discussing the agreement,and therefore he was not sure what their final outcome would be. Mr. Foxx distributed copies of the agreement from Foxx Development along with a copy of the conditions from Sunterrace Homeowners Association. The representatives in 3 MINUTES ARCHITECTURAL REVIEW COMMISSION NNE 10, 1997 attendance from Sunterrace were Mr.David Dominik,Dr. Bill Kelly, and Ms. Ellen Kauti. Mr. Dominik addressed the commission expressing that he felt that they have worked very hard in cooperating with Mr. Foxx to make sure that things are compatible in the neighborhood and that the street scenes are compatible. He stated that they now do not have an agreement with Mr.Foxx. Mr. Dominik explained that there are a great deal of encroachments from the front of the houses and noted that the city's code requires that garages are to be set back 20' from the curb. He indicated that many of the Foxx plans have 4' projections from the garage doors making the setback from the curbs at 16'. Mr. Dominik explained that they do not want a canyon effect and do not want the developer taking up all the space in the front yards. He added that they have a nice, spacious, quality neighborhood and are asking the city to do all it can to protect this. Mr. Dominik felt this could be achieved by Foxx meeting all their conditions listed on the June 9th list. He added that they want homes that are a minimum of 2500 square feet." Dr. Bill Kelly expressed his concerns and indicated that he was very disappointed when he saw the Foxx model home. Chairman Gregory stated that the commission could address the setback issue,but when there is an impass they have to look at the developer and homeowners association to work things out. Mr.Foxx addressed the commission stating that he felt he did not belong back before the commission except for Lots 7 and 11 because on February 26, 1997 they received approval from the Sunterrace Homeowners Association for nine (9) lots. He indicated that at the time he applied for building permits for Lots 3, 4 and 9 the former members of the Sunterrace Homeowners Association sent a letter to the city rescinding their approval. Mr. Foxx feels they are entitled to build these houses based on the city's approval. He met with the homeowners on Friday, June 6th and was under the impression that an agreement was made until he arrived at the meeting today to find out that they do not agree with the conditions until he withdraws his complaint against Mr.Pat Leahy. Mr.Foxx stated that he is unwilling to do that. Dr. Kelly stated that the reason Mr.Varner and Mr. Leahy rescinded their approval was because they approved the original plans for floor plans only and did not have a site plan to review. He thought that the issue of Mr. Foxx actually having an approval was a question here. Mr. Dominik asked that if the city wants to accept both pages of the agreement, to please look closely at both pages and what was approved in February. Dr. Kelly stated that he could live with the compromises of both sides of the agreement. 4 f MINUTES ARCHITECTURAL REVIEW COMMISSION NNE 10, 1997 Action: It was approved by Commissioner Holden, seconded by Commissioner Urrutia, to approve the elevations for Lots 5, 6, 7, 8, 9, 11 and 13 subject to the terms of the agreement between Foxx Development dated June 6, 1997 and Sunterrace Architectural Committee conditions dated June 9, 1997. Foxx Development to provide a revised site plan for final approval. Motion carried 6-0. 4. CASE NO.: PP 97-4 APPLICANT (AND ADDRESS): GUY EVANS, INC., 31-276 Dunham Way, Thousand Palms, CA 92276; ROBERT H. RICCIARDI, A.I.A. &ASSOCIATES, 75-090 St. Charles Place, Suite A,Palm Desert, CA 92211 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of final working drawings with landscaping plans LOCATION: 75-165 Sheryl Avenue ZONE: S.I. Mr. Alvarez presented the plans noting that the landscaping plans have been revised with some changes made on the east side to conform to the city's shade tree requirements. Comments were also noted by Eric Johnson. Mr. Ricciardi was present to answer any questions. Commissioner Connor stated that he agreed with Mr. Johnson's comments. Chairman Gregory felt that the gray crushed rock should be a brownish colored rock to blend in better with the desert. Mr. Ricciardi stated that the gray rock makes the plant colors look more vivid and added that it is not actually crushed rock but rounded river rock. Action: It was moved by Commissioner Connor, seconded by Commissioner Van Vliet, to approve the final working drawings as submitted. Commission approved the landscape plan.subject to changes noted to Eric Johnson and plans to specify "rounded river rock"in place of the"gray granite ground cover". Motion carried 6-0. 5 fVIOXDevelopment Corp. 73-1 1 1 El Paseo,Surte 200 • Palm Desert,CA 92260•619-568-5773 • Fax:619-340-3683 Cont. Lic. #291022 June 6, 1997 COMPROMISE PROPOSAL FOR SUNTERRACE ARCHITECTURAL APPROVALS LOT 5 Mediterranean elevation with Portico columns at 14' setback due to knuckle. LOT 6 Garage columns at 16' setback and on California hip roof at & garage & any design on garage columns due to shorter lots. LOT 7 LOT 8 Garage columns at 17' setback and any garage roof& column design we want. LOT 9 17' setback - do straight column versus step & planter. LOT 11 Garage columns at 17' setback and any garage roof & column design we want. LOT 13 Garag6 columns at 17' setback and any garage roof & column design we want. Any elevation can be placed on any lot if requested by owner/buyer. On Desert Contemporary elevation - set portico columns at least 15' setback on any lot SUNTERRACE HOMEOWNERS ASSOCIATION Based on a careful review of the facts and long and detailed discussions with as many homeowners as possible, the A.R.C. makes the following proposal to Foxx Homes / Foxx Development . Foxx Development has offered to compromise on the existing plans . This compromise is detailed in their June 6 , 1997 memo which is attached and is a part of this settlement agreement. Foxx Development must , in addition to the provisions offered in their June 6, 1997 memo, thke the following actions and abide by the following conditions : -- Foxx will not build a house of less than 2,501_ sq. ft. , Size of garage is not considered in above figure. All walls that face street or common areas must be stucco and of a color and texture consistent with Sunterrace. a►,J � -- If Foxx builds 4 or more "spec" homes, at least one must have a flat roof . This will be consistent with developement. Above referenced 4 does not include lots 12, 9, 3,4. All side gates, including the current foxx model , will have '.'solid" not "see-through" gates. Of a size, quality and color consistent with existing homes. -- All homes , except Foxx model which is completed, must have lights over each garage door that turn on automatically at night. This is for the safety and security of the community. -- All front yards, including Foxx model , must have at least two landscape flood or. spot lights. Low voltage lights must be at least 20 watts , each. -- Front yard grass must include one or more contures or mounds consistent with existing homes in the development. -- All mailboxes must be very similar in size, color, texture, design to all other mailboxes in Sunterrace. -- Landscaping on common area between lot 11 side wall and curb must be grass with bushes and or vines and have automatic watering connected to home on lot 11 . Approved June 9, 1997. With At`ached Foxx memo as part of agreement. S UNTN. R RAC E: Color Schemes for California and Mediterrean Elevations Stucco Accent Accent Roof (Merlex) Medium Dark (Eagle) Scheme 1 P-6 O.Q. 106 S.W. 2322 S 77,21,29 F 70,88,72 Blends Scheme 2 P-17 O.Q. 545 S.W. 2020 S 77,21,29 F 70,88,72 Blends Scheme 3 P-107 O.Q. 105 S.W. 2721 S 77,21,29 F 70,88,72 Blends Scheme 4 P-525 O.Q. 101 S.W. 2293 S 77,21,29 F 70,88,72 Blends Scheme 5 P-92 O.Q. 434 S.W.2736 S 77,21,29 F 70,88,72 Blends Scheme 6 P-40 O.Q. 414 S.W. 2190 S 77,21,29 F 70,88,72 Blends O. Q. = Old Quaker Paint S.W. = Sherwin Williams Paint S = Curved tile for California Elevation F= Flat tile for Mediterrean Elevation excel/su nterra/bob/color 5/22/97 3:04 PM Page 1 If VIVANk Development Corp. 73-1 1 1 El Paseo,Suite 200• Palm Desert,CA 92260• 619-568-5773 • Fax:619-340-3683 Cont. Lic. #29I022 June 6, 1997 COMPROMISE PROPOSAL FOR SUNTERRACE ARCHITECTURAL APPROVALS LOT 5 Mediterranean elevation with Portico columns at 14' setback due to knuckle. LOT 6 Garage columns at 16' setback and on California hip roof at & garage & any design on garage columns due to shorter lots. LOT 7 — LOT 8 Garage columns at 17' setback and any garage roof & column design we want. LOT 9 17' setback - do straight column versus step & planter. LOT 11 _ Garage columns at 17' setback and any garage roof & column design we want. LOT 13 Garage columns at 17' setback and any garage roof & column design we want. Any elevation can be placed on any lot if requested by owner/buyer. On Desert Contemporary elevation - set portico columns at least 15' setback on any lot 06/02/1997 08:31 619-566-1765 uU ,r SUNTERRACE HOMEOWNERS ASSOCIATION Based on a careful review of the facts and long and detailed discussions with as many homeowners as possible, the A.R.C. makes the following proposal to Foxx Homes / Foxx Development. Foxx Development has offered to compromise on the existing plans. This compromise is detailed in their June 6, 1997 memo which is attached and is a part of this settlement agreement. Foxx Development must, in addition to :he provisions offered in their June 6, 1997 memo, thke the following actions and abide by the following conditions : -_ Foxx will not build a house of less than 2,501 sq. ft. , Size of garage is not considered in above figure. All wall& that face street or common areas must be stucco and of a color and texture consistent with Sunterrace. 01ri fk'e N°aJa -- If Foxx builds 4 or more "spec" homes, at least one must have a flat roof . This will be consistent with developement. Above referenced 4 does not include lots 12,9, 3,4. -- All side gates, including the current Foxx model, will have '.'solid" not "see-through" gates . Of a size, quality and color consistent with existing homes. -- All homes , except Foxx model which is completed, must have lights over each garage door that turn on automatically at night. This is for the safety and security of the community. -- All front yards, including Foxx model, must have at least two landscape flood or spot lights . Low voltage lights must be at least 20 watts, each. -- Front yard grass must include one or more contures or mounds consistent with existing homes in the development. - All mailboxes must be very similar in size, color, texture, design to all other mailboxes in Sunterrace. -- Landscaping on common area between lot 11 side wall and curb must be grass with bushes and or vines and have automatic watering connected to home on lot 11 . Approved June 9, 1997. With Attached ,Foxx memo as part of agreement. City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 June 2, 1997 REVISED ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 23940-3 APPLICANT (AND ADDRESS): FOXX DEVELOPMENT for SUNTERRACE, 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of elevations, site planning, and new color scheme for Lots 5, 6, 7, 8, 11 and 13 LOCATION: Sunterrace (Northwest corner of Hovley Lane East and Eldorado Drive) ZONE: PR-5 --------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant,the architectural commission approved the additional color scheme subject to written approval of same from the Sunterrace Homeowners Association. The commission continued the elevations and site planning for two weeks directing the developer to meet with the current H.O.A. and obtain, in writing, a statement from the Sunterrace Homeowners Association that changes or modifications have been made to their satisfaction. Date of Action: May 27, 1997 Vote: Carried 6-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within ten(10)days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) ------------------------------------------------------------------------------------------------------------ STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. RecycbE Paper MINUTES ARCHITECTURAL REVIEW COMMISSION MAY 27, 1997 commission. Commissioner Van Vliet asked if there were any residents on the back side of building that would see this. Mr. Smith indicated that the closest residents were the Mountain Villas to the south. Action It was moved by Commissioner Van Vliet, seconded by Commissioner Connor, to approve the installation of the pager system facility and equipment cabinet as submitted. Motion carried 6-0. 7. CASE NO.: PP/CUP 96-12 APPLICANT (AND ADDRESS): MULVANNY PARTNERSHIP, 11820 Northrup Way, #E-300, Bellevue, WA 98005 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of final architectural and landscaping plans for fully automated fueling facility LOCATION: 72-800 Dinah Shore Drive ZONE: P.C. (2) Mr. Smith reported that the Planning Commission had approved the site planning as submitted. After reviewing the plans, the commission took the following actions. Action: It was moved by Commissioner O'Donnell, seconded by Commissioner Van Vliet, to approve the architectural plans only. Motion carried 6-0. It was moved by Commissioner Connor, seconded by Commissioner Gregory, to refer the landscaping plan back to the applicant directing them to increase the landscaping on the slope on the south side, adjacent to Dinah Shore Drive; place additional trees in the north and south planter areas along Dinah Shore Drive; and increase the landscaping on the slope on the east side down from Monterey Avenue. Motion carried 6-0. 8. CASE NO.: TT 23940-3 APPLICANT (AND ADDRESS)_ FOXX DEVELOPMENT for SUNTERRACE, 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 7 MINUTES ARCHITECTURAL REVIEW COMMISSION MAY 27, 1997 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of elevations, site planning, and new color scheme for Lots 5, 6, 7, 8, 11 and 13 LOCATION: Sunterrace (Northwest corner of Hovley Lane East and Eldorado Drive) ZONE: PR-5 Mr.Bob Wolf of Foxx Development informed the commission that the request was for approval of additional colors to the already approved color scheme. The other request is for approval of elevations and site planning for Lots 5, 6, 7, 8, 11 and 13. Mr. Smith indicated that staff had already approved homes on Lots 3, 4 and 9. Lots 3 and 4 are on a comer situation and were not a problem; however, the home on Lot 9 became a problem in that it has architectural features which project out 4 feet into the required 20' setback. When this became an issue with the neighbors Mr. Foxx, in an accommodation to the city, revised the plan so that the projections were only 2 feet,which apparently was acceptable to the neighbors. Part of the request before the commission today was to allow the homes on the remaining lots with the 4 foot projections. Mr. Patrick Leahy,homeowner at Sunterrace, stated that one issue of concern was that the street scape on Lot 11 was different from and not in keeping with the community. He indicated that the building frontage is 54'on the street with the other homes at 89'. Mr. Smith quoted two different sections of the ordinance relating to types of projections and setbacks. Commissioner Holden asked if there were C.C.&R.'s for the development. Mr. Smith indicated that there were. Commissioner Holden explained that the Sunterrace Homeowners Association would have to approve the plans before the commission would be able to review them. He asked if the H.O.A. had reviewed the site plan that was presented today. Mr. Wolf indicated that the association did not see the site plan as he was not aware that it had to be reviewed by the association. Mr. Leahy indicated that there has never been an approval for Lots 7 and 11 and that the issue that arose between the homeowners association and Foxx Development was the massiveness on some of the exteriors such as on Lot 12. Ms. Ellen Kauti,homeowner at Sunterrace, stated that the homeowners had not seen any of the plans except for the first three approved on Lots 3, 4 and 9. Mr. Al Varcalti, homeowner at Sunterrace, stated that he understood that all of the 8 i MINUTES ARCHITECTURAL REVIEW COMMISSION MAY 27, 1997 plans would have to be a minimum of 2500 square feet of living space. Mr. Wolf explained that their floor plans go from 2100 square feet for Lots 7 and 11 up to 2900 square feet. Commissioner Gregory explained that the commission has requested in the past that all issues are worked out between the homeowners association and the builders. He stated that it was very time consuming for them to respond to plans when they have not been reviewed by all bodies involved prior to the commission meetings. Mr. Leahy asked if there were any modifications to the home built on Lot 9. Mr. Wolf explained that changes were made on Lot 9 addressing the homeowners concerns. Mr.Leahy wanted the commission to understand that there were changes made to the home on Lot 9 after their approval. He asked Mr. Wolf if they plan to continue to change the columns as they did on Lot 9. Mr. Wolf indicated that they would not continue to make these changes on the other lots, and would go back to the original plan. Mr. Leahy objected to going back to the original plans with the four foot (4') deep columns. Commissioner Gregory reiterated that the developer will have to meet with the homeowners association and return to the commission with what was agreed upon by both parties. Mr. Wolf asked if the additional colors presented today were acceptable. Commissioner Gregory asked if the homeowners had seen the new color schemes. Mr. Wolf indicated that they had not. Commissioner Gregory indicated that the homeowners association would have to approve the colors first. Mr. Foxx indicated that the homeowners association had approved the original color board and that the colors presented today were in addition to the approved colors to provide more variations. Action: It was moved by Commissioner Holden, seconded by Commissioner Urrutia, to approve the added color schemes presented today contingent on written approval of same from the current Sunterrace Homeowners Association. Motion carried 6-0. Mr.Foxx asked the commission for approval, separate and apart from the Sunterrace Homeowners Association approval, of the elevations for Lots 5, 6, 8 and 13. Commissioner Gregory stated that the commission would not get involved until written approval was received from the homeowners association. Commissioner Urrutia explained that if this were a new project from scratch the developer would not have to present the site plan to the commission for approval, but because there is an existing homeowners association that has some objections, the developer will 9 MINUTES ARCHITECTURAL REVIEW COMMISSION MAY 27, 1997 need to work these issues out with the association before bringing the plan to the commission for approval. Action: It was moved by Commissioner Gregory, seconded by Commissioner Urrutia, to continue the elevations and site planning for two weeks directing the developer to meet with the current Sunterrace Homeowners Association and obtain, in writing, a statement that changes or modifications have been made to their satisfaction. Motion carried 6-0. 9. CASE NO.: PP 97-7 APPLICANT(AND ADDRESS): GARY LOHMAN/TAD SMITH,75-570 Mary Lane, Indian Wells, CA 92210 NATURE OF PROJECT/APPROVAL SOUGHT: Landscape plan review for conversion of single family residence to office professional LOCATION: 44-835 Deep Canyon ZONE: R-1 Mr. Smith reported that this was north of the Goedecke complex,directly across from the new Lucky's. Mr. Alvarez indicated that the request was before the commission for their review and approval of a renovation from a single family residence to office professional. Mr. Lohman also presented the proposed sample color board. Action: It was moved by Commissioner Holden, seconded by Commissioner VanVliet, to approve the plan and color board subject to the revisions noted by Commissioner Connor. Motion carried 5-0-1, Commissioner Gregory Abstaining. 10 IFUNAX Development Corp. 73-1 1 1 El Paseo,SuRe 200• Palm Desert,CA 92260•619-568-5773 • Fax: 619-340-3683 Cont. Lic. #291022 Ry i r: ip RECEIVED May 14, 1997 MAY 15 1997 COMMU41TY DEVELOPMENT DEPARTMENT CRY OF PALM DESERT Mr. Steve Smith City of Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Sunterrace Architectural Committee Dear Mr. Smith: Regarding a letter dated May 1, 1997 from Mr. Robert Varner and Mr. Patrick Leahy, I find errors contained therein. I believe this letter, taken with the prior letter of April 23, 1997 contains statements that on their face are false, misleading and attempt to get the City of Palm Desert involved in a private dispute. The May 1, 1997 letter distorts the innocent act of giving Mr. Leahy another Sterling Cove brochure into evidence of an intent to mislead. At an initial meeting about November 22, 1996, between Mr. Pat Leahy, Bob Wolfe and me to review and approve the plans for lot 12, Mr. Leahy stated he was familiar with our previous development at Sterling Cove in Rancho Mirage as he had considered buying a home there. I gave him a copy of the Sterling Cove brochure after he mentioned that he didn't know where he had put his copy of the brochure from when he first looked at Sterling Cove. My purpose in giving him another copy was to refresh his recollections about our homestyling options as we were planning on offering floor plan changes in a similar fashion at Sunterrace and not for any other purpose. I did not ask Mr. Leahy to go inspect Sterling Cove as both he and Mr. Varner were quite familiar with it. How they obtained the access code is unknown to me and completely irrelevant to the issues at hand. The floor plan at Sterling Cove has a substantial difference in design from our Sunterrace home. The only real similarity is that all the homes at Sterling Page 2 May 14, 1997 Cove are of the Desert Contemporary style and FDC offered floor plan choices at Sterling Cove. As you know, only one of our 3 elevations is a similar Desert Contemporary style so any comparison between the two communities is even more meaningless. As to the setbacks at Sterling Cove, the city of Rancho Mirage requires a 25 foot minimum front setback and the Sterling Cove homes have a much different front design from Sunterrace so any set back comparison would be irrelevant to Sunterrace. As to the assertion that they did not realize that the entrance porticos "would be as dominant. . . and crowd the space between the house and curbing", that could possibly have been true regarding the November approval. However, when they approved 9 additional lots on February 26, 1997, Lot 12 was completed. They could see exactly what was being requested regarding setbacks. Steve, I would suggest siting and setback issues were well established because of the physical construction on Lot 12 and their approvals were based on an actual physical home to review and not just a plan on paper. Given that on February 26, 1997, the home on lot 12 was completed, no one was misled by me. Mr. Varner & Mr. Leahy knew exactly what they were approving and FDC has a right to rely on their approval on behalf of the Sunterrace Architectural Committee. The only one being misled in this situation is the City of Palm Desert. Before I leave this important point, I recall a conversation between me and Mr. Phil Drell about the portico on lot 12. Mr. Drell shared that Mr. Varner had commented to him about the entry portico setback on lot 12 and being somewhat concerned about it. Perhaps Mr. Drell will be able to recall when his conversation with Mr. Varner took place. My recollection is that it was in January or early February and in any event was prior to Mr. Varner's approval of our additional homes on Feb. 26, 1997. If so, I can only assume Mr. Varner must not have had any continuing reservations on February 26, 1997 when he approved 9 additional homes including their placement. As to their allegation of continuing membership on the Architectural Committee, both men were present at the March 12, 1997 meeting when the Architectural Committee members were changed by the Board. In fact, Mr. Leahy told the meeting he would not be willing to remain on the committee. The actions taken at the meeting to reconstitute the Page 3 May 14, 1997 Architectural Committee was their notice. Their attempt to continue to represent themselves as Architectural Committee members on April 23 and beyond is reprehensible and the City should dismiss it as such. FDC strongly disputes any allegation that the prior Architectural Committee approvals are or can be rescinded by Mr. Varner and Mr. Leahy. The issue of the setback was never a problem for the Sunterrace Architectural Committee during the entire time FDC was building the house on lot 12 nor was it an issue on February 26, 1997 when the Sunterrace Architectural Committee issued its approval on both design and placement of homes on lots 3-9, 11 and 13. FDC has relied on the Sunterrace Architectural Committee's February 26,1997, approval and is entitled to continue to rely on the valid February 26, 1997 approval to complete all homes approved with this approval. FDC believes the City is being improperly requested to determine the validity of Mr. Varner and Mr. Leahy's attempt to interfere with Foxx Development Corp.'s legitimate right to rely on the prior architectural approval issued and as a matter of fairness, I believe the City should continue to review and approve building permits on those lots that have received approvals as long as the request by us conforms to the City of Palm Desert's ordinances. ivYu� J mes L. Foxx President JLF:ksb SUNTERRACE ARCHINCTURAL COMMITTEE 41-670 HOGAN DRIVE PALM DESERT, CALIFORNIA 92211 May 01, 1997 City of Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 Attention: Mr. Steve Smith Dear Sir: Please refer to our previous letter to you dated April 23, 1997. This letter expands on our comments therein. At the time we, as members of the Sunterrace Arctitectural Committee, gave our approvals to Foxx Development dated Novermber 22, 1996, and February 26, 1997, we had been told by Mr. James Foxx of Foxx Development that the homes to be constructed at Sunterrance would be "substantially the same in appearance to those they had built at Sterling Cove". In fact, Mr. Foxx gave Mr. Leahy brochures for Sterling Cove and asked him to go and inspect that development - - giving him the four diget confidential gate code to enter the complex. The homes at Sterling Cove are set back from the curbing a far greater distance than the model on lot 12 built at Sunterrace. In giving our approvals of November 22, 1996, and February 26, 1997, we did not realize that the entrance porticos would be as dominant an architectural feature and crowd the space between the house and the curbing. We believe we were misled by Mr. Foxx. Our letter to you of April 23, 1997, recinds the February 26, 1997, approval. We were duly elected members of the Sunterrace Architectural Committee and remain so until removed by the Sunterrace Board of Directors. We have not received any such notification, either in the form of a letter or through minutes of a Board meeting where such action was taken. We ask that the Palm Desert Architectural Commission require Foxx Development Corporation build their homes at Sunterrace a minimum of eighteen feet from the curbing in conformity with the existing homes of our community. Sincerely, P0 Robert B. Varner Patrick W. Leahy SUNTERRACE ARCNIRTURAL COMMITTEE 41-670 HOGAN DRIVE PALM DESERT, CALIFORNIA 92211 May 01, 1997 City of Palm Desert Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 Attention: Mr. Steve Smith Dear Sir: Please refer to our previous letter to you dated April 23, 1997. This letter expands on our comments therein. At the time we, as members of the Sunterrace Arctitectural Committee, gave our approvals to Foxx Development dated Novermber 22, 1996, and February 26, 1997, we had been told by Mr. James Foxx of Foxx Development that the homes to be constructed at Sunterrance would be "substantially the same in appearance to those they had built at Sterling Cove". In fact, Mr. Foxx gave Mr. Leahy brochures for Sterling Cove and asked him to go and inspect that development - - giving him the four diget confidential gate code to enter the complex. The homes at Sterling Cove are set back from the curbing a far greater distance than the model on lot 12 built at Sunterrace. In giving our approvals of November 22, 1996, and February 26, 1997, we did not realize that the entrance porticos would be as dominant an architectural feature and crowd the space between the house and the curbing. We believe we were misled by Mr. Foxx. Our letter to you of April 23, 1997, recinds the February 26, 1997, approval. We were duly elected members of the Sunterrace Architectural Committee and remain so until removed by the Sunterrace Board of Directors. We have not received any such notification, either in the form of a letter or through minutes of a Board meeting where such action was taken. We ask that the Palm Desert Architectural Commission require Foxx Development Corporation build their homes at Sunterrace a minimum of eighteen feet from the curbing in conformity with the existing homes of our community. Sincerely, Robert B. Varner Patrick W. Leahy SUNTERRACE ARCHITECT&COMMITTEE 41-670 HOGAN DRIVE PALM DESERT,CALIFORNIA 92211 April 23, 1997 RECEIVED City of Palm Desert Planning Department APR 2 31997 73-510 Fred Waring Drive Palm Desert. CA 92260 COMMUNITY DEVELOPMENT DEPARTWNT CITY OF PAW DESERT Attention: Mr. Steve Smith Dear Sir: Per my letter of November 22, 1997, we approved a proposed model home for Lot 12(73970 Sarazen Way) in Sunterrace. Upon completion of the house it appears that the elevation is fine,however, the entrance portico is too close to the street. We would ask that future construction have the front portico a minimum of eighteen feet from the curb in all of Sunterrace. This will make these homes conform to the existing homes in the Sunterrace community,which are eighteen feet from the curb. This same elevation has also been approved for construction on other lots by Foxx Development.The approval form dated February 26, 1997,and signed by Mr. Robert Varner and Patrick Leahy is hereby recinded,and we would ask that the homes be a minimun of eighteen feet from the curb. Several existing homeowners have expressed their thoughts to us that the model on Lot 12 is constructed too close to the street. If you request,we would be pleased to furnish the names of these Sunterrace homeowners. Sincerely, ' v� Robert B. Varner Patrick W.Leahy S011TERRSE ARCRITECIRK COMMITTEE 41-670 HOGAN DRIVE PALM DESERT,CALIFORNIA 92211 RECEIVED April 23, 1997 City of Palm Desert APR 2 3 1997 Planning Department 73-510 Fred Waring Drive COMMUNITY DEVELOPMENTDEPARTMct11' Palm Desert, CA 92260 CITYOFPALMDESERT Attention: Mr. Steve Smith Dear Sir: Per my letter of November 22, 1997, we approved a proposed model home for Lot 12(73970 Sarazen Way) in Sunterrace. Upon completion of the house it appears that the elevation is fine,however, the entrance portico is too close to the street. We would ask that future construction have the front portico a minimum of eighteen feet from the curb in all of Sunterrace. This will make these homes conform to the existing homes in the Sunterrace community, which are eighteen feet from the curb. This same elevation has also been approved for construction on other lots by Foxx Development. The approval form dated February 26, 1997,and signed by Mr. Robert Varner and Patrick Leahy is hereby recinded,and we would ask that the homes be a minimun of eighteen feet from the curb. Several existing homeowners have expressed their thoughts to us that the model on Lot 12 is constructed too close to the street. If you request,we would be pleased to furnish the names of these Sunterrace homeowners. Sincerely, Robert B. Varner Post-[t•Fax Note 7671 Date el pa°gesI To V X From Sl—,2.f/ COJDept. e[C (' - Pa rick W. Leahy Phone a Phone a Fax a Fax a I :.: Sterling Series @ Sunterrace Foxx Homes Sequence List Lot# Phasa Plan Address Color Scheme, 3 1 2BR 41530 Hogan 4 1 3C 75990 Nelson / 9 1 3BR 75965 Nelson Ln. SY 3 7 13 1C 75930 Sarazen Way Elev. Plan 1 Plan 2 Plan 3 2497 SQ.FT 2621 SQ. FT. 2988 SQ.FT. A * 0 w B 1 1 C 1 4 1 Total 1 1 2 4 w= Plan does not come in this elevation A= Desert Contempary B = California C = Mediterrean Approval: excel/sunterra/bob/seq list 4/2/97 12:56 PM 1 Sterling Series @ Sunterrace , Foxx Homes Sequence List Lot # Phase Plan Address Color Scheme 3 1 11BR• 2 41530 Hogan OI$S 4 1 ;C • 3 __. 75990 Nelson — $ Iq 5 1) -0 - 4-- 75980 Nelson — Sq 15`\ . 6 1 ?B .3 75960 Nelson gg34p 8 1 tCR •Z 75945 Nelson $9I I 9 1 _�BR •3 75965 Nelson Ln. $9 3? 13 1 9 75930 Sarazen Way - -vz" z � Elev. Plan 4 Plan 2 A 1 0 B 1 2 C 2 1 Total 4 3 7 A = Desert Contempary B = California C = Mediterrean i J Development Corp. 73-1 11 El Paseo, Suite 200• Palm Desert,CA92260•619-568-5773 • Fax: 619-340-3683 Cont. Lic. #291022 . w RECEIVE® March 13, 1997 ( �✓ . Sp�' "�,� /n �� MAR 18 1997 'j COMMUNITY DEVELOPMENT DEPARTMENT i , .n CITY OF PALM DESERT Mr. Steve Smith ,n�, U City of Palm Desert I .Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 Dear Mr. Smith: As you may know FDG recently purchased 45 improved lots in Tracts 23940-1,-2, and -3. As part of our research, I would like to request staff reports and conditions of approval for Phase 2 & 3 at Sunterrace. In addition, I would like to obtain any and all documents and approved plans the City may have that details the perimeter landscape requirements. Your assistance is greatly appreciated. James L. Foxx President JLF:ksb SunTeUace RECEIVED Homeowners Association 74-040 Hwy 111 Suite L-200, Palm Desert, CA 92260 MAR - 3 1997 (619) 779-9709 FAX (61.9) 341-2898 COMMUNITY DEVELOPMENT DEPARTMENT February 28 1997 CITY OF PALM DESERT u Foxx Development 73-111 E1 Paseo Suite 200 Palm Desert, CA 92260 Dear Mr. Foxx, I am a member of the Sunterrace Homeowners association, and the designated committee chairman for landscaping. There are three other elected homeowners on my committee. We report to our board as well as to all the other homeowners. You and I have spoken by phone not too long ago. For your information I would like to share discussions at the recent Palm Desert Architectural Commission on Tuesday, 2/25/97 at approximately 2 : 00 p.m. There were 6 Sunterrace homeowners who met with the commission. The conversations were placed on record with- the Commission. 1) I introduced myself and other Sunterrace homeowners. 2) We stated that Foxx Developments landscape plans were not presented to myself or my committee. 3) We presented photographs of your model to the Commission, showing that landscaping was already planted before we or they gave any approval. 4) The Commission was somewhat surprised and set back. They assured us that your plans are NOT FINAL APPROVED by them until the Sunterrace Homeowners Association grant approval. We received a copy of the landscape plans, for the first time at the Commission meeting and our landscape committee has reviewed and approved your plans. Please consider this letter as the Sunterrace Homeowners Association formal approval. We do highly recommend that some frontal exterior landscape lighting be added to the model. All existing homes in Sunterrace have exterior landscape lighting. We would like consistency throughout the development. A copy of this letter will be sent to the City of Palm Desert. Foxx Development February 28 , 1997 Page two If you have any questions or comments please call me at 776-8002 . Sincerely, John F. Budd cc: Sunterrace Homeowners Robert Varner 'Donna Bittar, City of Palm Desert -Steve�Smith,'��C ty of-+-Pa- -m Desert'. Celeste-War- in, Equitable Mgmt. Ron Butts, Century Homes Dennis Cunningham, Century Homes III SunTe Mae Homeowners Association 74-040 Hwy 111 Suite L-200, Palm Desert, CA 92260 (619) 779-9709 FAX (619) 341-2898 necel vzo MqR _ C0,1/% Af NINf `� 1997 February 28, 1997 Cln"Ofq��E�EPARr, NT Foxx Development 73-111 E1 Paseo Suite 200 Palm Desert, CA 92260 Dear Mr. Foxx_, I am a member of the Sunterrace Homeowners association, and the designated committee chairman for landscaping. There are three other elected homeowners on my committee. We report to our board as well as to all the other homeowners. You and I have spoken by phone not too long ago. For your information I would like to share discussions at the recent Palm Desert Architectural Commission on Tuesday, 2/25/97 'at approximately 2i00 p.m. There were' 6 Sunterrace homeowners who"met with the commission. The conversations were placed on record with the Commission. 1) I introduced myself and other Sunterrace homeowners. 2) We stated that Foxx Developments landscape plans were not presented to myself or my committee. 3) We presented photographs of your model to the Commission, showing that landscaping was already planted before we or they gave any approval. 4) The Commission was somewhat surprised and set back. They assured us that your plans are NOT FINAL APPROVED by them until the Sunterrace Homeowners Association grant approval. We received a copy of the landscape plans, for the first time at the Commission meeting and our landscape committee has reviewed and approved your plans. Please consider this letter as the Sunterrace Homeowners Association formal approval. We do highly recommend that some frontal exterior landscape lighting be added to the model. All existing homes in Sunterrace have exterior landscape lighting. We would like consistency throughout the development. A' copy of this letter will .be sent to the City of Palm Desert._ Foxx Development February 28, 1997 Page two If you have any questions or comments please call me at 776-8002 . Sincerely, John F. Budd cc: Sunterrace Homeowners Robert Varner Donna Bittar, City of Palm Desert Steve Smith, City of Palm Desert Celeste Wardin, Equitable Mgmt. Ron Butts, Century Homes Dennis Cunningham, Century Homes SunTeAAaae. Homeowners Association 74-040 Hwy I II Suite L-200, Palm Desert, CA 92260 (619) 779-9709 FAX (619) 341-2898 ARCHITECTURAL COMMITTEE In accordance with Article VII of the Declarations of Covenants, Conditions, Restrictions and Easements for the SunTerrace Homeowner's Association, the following action(s) are taken: Homeonwer/Develper:E 0 k V D Ey I L01P Kx Cnl T Date: V oki Lot No./Adelress 31 H� 5 , GF7 C7 CG�I F I�� 13 Q�� (A) Design/ Placement: X_APPRpOVED _DENIED Comments/Conditions: AU-e a twa_ k - r (B) Landscaping/Lighting: _ APPROVED _ DENIED Comments/Conditions: (C) Color/Finish Material: _APPROVED _ DENIED Comments/Conditions: Patrick Leahy Robert Varner p a` �6- I Date Date SUNTERRACE HOMEOWNERS' ASSOCIATION ARCHITECTURAL COMMITTEE Attached are: (a) six elevations --- three each for plan 1 and plan 2 (plans attached also), and (b) sales material of Foxx Homes indicating which plan is to be built on specific lots. Lot numbers of Foxx Homes correspond to Sunterrace Site Plan for Tract No. 23940 - 3 as follows: Sunterrace Tract Number Foxx House Plan To Be Built 3 1 4 2 5 1 6 2 7 vacant 8 1 9 2 11 vacant 12 1 13 2 The design and placement of the houses are approved provided the following conditions are met: (a) The same elevation is not used on lots side-by-side unless expressly asked for by a buyer, and (b) The plan indicated for each lot in the Foxx Homes sales material is not changed. SunTeAAace /C Homeowners Association 74-040 Hwy l I Suite L-200, Palm Desert, CA 92260 (619) 779-9709 FAX (619) 341-2898 ARCHITECTURAL COMMITTEE In accordance with Article VII of the Declarations of Covenants, Conditions, Restrictions and Easements for the SunTerrace Homeowner's Association, the following action(s) are taken: Homeonwer/Develper:R O k u D Ey 1-1-00 Kv C-N T Date: ��7 Lot No./Address 31 H 5, C27� b' 9� Tirl��l 13 ay ���✓ vt� Cy (A) Design/ Placement: X_APPRpOVED DENIED Comments/Conditions: ,Cl� GL7li�riliaeQ (B) Landscaping/Lighting: _APPROVED _ DENIED Comments/Conditions: (C) Color/Finish Material: `APPROVED _ DENIED Comments/Conditions: 00 Patrick Leahy Robert Varner '7 Date Date SUNTERRACE HOMEOWNERS' ASSOCIATION ARCHITECTURAL COMMITTEE Attached are: (a) six elevations --- three each for plan 1 and plan 2 (plans attached also), and (b) sales material of Foxx Homes indicating which plan is to be built on specific lots. Lot numbers of Foxx Homes correspond to Sunterrace Site Plan for Tract No. 23940 - 3 as follows: Sunterrace Tract Number Foxx House Plan To Be Built 3 1 4 2 5 1 6 2 7 vacant 8 1 9 2 11 vacant 12 1 13 2 The design and placement of the houses are approved provided the following conditions are met: (a) The same elevation is not used on lots side-by-side unless expressly asked for by a buyer, and (b) The plan indicated for each lot in the Foxx Homes sales material is not changed. a SunTeuace Homeowners Association ���7 74-040 Hwy I I I Suite L-200, Palm Desert, CA 92260 (619) 779-9709 FAX (619) 341-2898 ARCHITECTURAL COMMITTEE In accordance with Article VII of the Declarations of Covenants, Conditions, Restrictions and Easements for the SunTerrace Homeowner's Association, the following action(s) are taken: Homeonwer/Develper: rD X X VE I_D ih r=AiT Date: Lot No./AddFess: (A) Design/ Placement: _APPROVED DENIED Comments/Conditions: (8) Landscaping/Lighting: APPROVED _ DENIED Comm nts/Con itions: C� a . r (C) Color/Finish Material: _APPROVED _ DENIED Comments/Conditions: Patrick Leahy Robert V rner Date Date SunTemacz tiomeowners Association 74-040 Hwy Ill Suite L-200, Palm Desert, CA 92260 (619) 779-9709 FAX (619) 341-2898 ARCHITECTURAL COMMITTEE In accordance with Article VIt of the Declarations of Covenants, Conditions, Restrictions and Easements for the SunTerrace Homeowner's Association, the following action(s) are taken: Homeonwer/Develper. F o X X 17 EL-� LD M �(� Date: Lot NO./Address 3 i4 5� j�,. T, `1 r I I I 1;�1 fDXA p ar6, Tau ± )116 a32L10 -3 (A) Design/ Placement: _APPROVED DENIED Comments/Conditions: (B) Landscaping/Lighting: _APPROVED _ DENIED Comments/Conditions: (C) Color/Finish Material: Y, APPROVED _ DENIED Comments/Conditions: E KTB Ra o 2- COL cP fL SC I}Fw- PS E Z 14'i rNCI+T—=1) Patrick Leahy Robert Varner , a C/ Z � tP R --? Date Date City of Pala Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX (619)341-7098 February 27, 1997 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 23940-3 APPLICANT (AND ADDRESS): FOXX DEVELOPMENT for SUNTERRACE, 73-111 El Pasco, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of landscaping plan for model unit LOCATION: Sunterrace (Northwest comer of Hovley Lane East and Eldorado Drive) ZONE: PR-5 Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission approved the submitted landscaping plan contingent upon approval from the Sunterrace Homeowners Association. Date of Action: February 25, 1997 Vote: Carried 5-0, Commissioner Urrutia Absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within ten(10) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. Re[yx1eE PePo. MINUTES ARCHITECTURAL REVIEW COMMISSION FEBRUARY 25, 1997 had to take out parking spaces or if he could create shade by using island planters. Mr. Smith indicated that he could use island planters. Action It was moved by Commissioner Connor, seconded by Commissioner O'Donnell, to approve the landscaping plan subject to the following conditions: i) Root guards to be installed in the existing islands (14) in front of Best Buy along with new trees, new soil, and a revised irrigation system with perforated pipe for deeper watering; ii) Replace carob trees with virginia oak; iii) Provide shade trees along Town Center Way to meet the city's parking lot shade tree requirements. Motion carried 5-0, Commissioner Urrutia Absent. Commission suggested that the owner replace all of the trees throughout the parking lot with a more reliable tree. 3. CASE NO.: �0M APPLICANT(AND ADDRESS): XX DEVELOPMENT forLZACE� 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of landscaping plan for model unit LOCATION: Sunterrace (Northwest comer of Hovley Lane East and Eldorado Drive) ZONE: PR-5 Mr. Smith reported that the representative for the applicant, Bob Wolf, was present. He asked Mr. Wolf which unit the landscaping plan was for. Mr. Wolf indicated that it was no longer a plan for a model unit but for a single residence on Lot 12. Commissioner Connor asked if the plan had been reviewed by Sunterrace Homeowners Association. Mr. Wolf indicated that it had been reviewed and approved by their association. Commissioner O'Donnell felt that the commission needed to hear directly from the homeowners. Mr. Smith stated that there needed to be two trees with leaves, and that the palm trees did not count. 4 MINUTES ARCHITECTURAL REVIEW COMMISSION FEBRUARY 25, 1997 Action: It was moved by Commissioner O'Donnell, seconded by Commissioner Van Vliet, to approve the submitted landscaping plan contingent upon written approval from the Sunterrace Homeowners Association. Motion carried 5-0, Commissioner Urrutia Absent. At a later point in the meeting staff was informed that a number of homeowners from Sunterrace were present and wanted to address the commission with their concerns. Mr. John Budd stated that the homeowners were never shown the landscape plan. Commissioner Holden explained to Mr. Budd that the commission had already reviewed the landscape plan earlier in the meeting and approved it subject to written approval from the Sunterrace Homeowners Association. Commissioner Gregory added that the commission was informed by the applicant that the plan was not for a model unit but for a specific residence and that the commission does not review individual residential landscaping plans. Mr. Budd explained that the landscaping was already installed. Mr.Dave Dominick indicated that he did not know if the architectural plans for the one model unit ever was reviewed by the committee. Commissioner Holden explained that Mr. Pat Leahy of the Sunterrace Homeowners Association was at the previous meeting and stated that their association approved the architectural plans. Mr. Dominick added that they were also concerned with the setbacks for the front wall. Mr. Smith noted that this was also approved by the Sunterrace Homeowners Association. Commissioner Holden stated that if the homeowners association approves something, the commission did not like to circumvent their approval. Ms. Ellen Kauti stated that when the homeowners approved the elevations they were not shown the setbacks. Mr. Smith explained that the required setback for the home is 20 feet with different standards for pop-out features. He indicated that this home did conform to this. Mr. Dominick stated that the wall was approximately 12' back from the curb and that the finished stucco wall did not conform to the existing slump stone. Mr. Smith stated that the city standards are either slump stone or stucco and that the city does not make it mandatory to be consistent. Mr. Budd emphasized that his concern with the homeowners being informed and involved. Mr. Smith explained that staff will continue to send all agendas to him for as long as the self-addressed, stamped envelopes as supplied. Mr. Dominick stated that the homeowners did get a notice in November 1996 regarding the submittal by Foxx Development and that was the only one received. Mr. Smith indicated that the city has had the experience where a second developer has come in on an approved 5 r MINUTES ARCHITECTURAL REVIEW COMMISSION FEBRUARY 25, 1997 tract and needs to inform the present homeowners of its plans. He stated that if the city thinks that this is not being done, as in this case,the city took it upon themselves to send the notice in November. Mr. Smith added that the Architectural Review Commission meetings are public meetings, not public hearings, and the agendas are posted 72 hours in advance in the glass cabinet outside the council chamber. 4. CASE NO.: TT 24254 APPLICANT (AND ADDRESS): ERIC MILLER, ARCHITECT, A.I.A. for SONATA II, 901 Rio Grande Blvd., N.W., Suite D-220A, Albuquerque, N.M. 87104; GOLDEN HILLS PROPERTY MANAGEMENT, 6963 Douglas Blvd.,Box 19, Granite Bay, CA 95746 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of landscape plans LOCATION: North of Hovley Lane, 1900 feet west of Portola Avenue ZONE: PR-5 Mr. Smith presented the proposed landscape plan. Commissioner Connor asked why there were no gates between the side yards. Mr. Smith indicated that this plan was for the model complex and assumed that once the homes are sold that the walls would be installed. Commissioner Connor explained that there needs to be at least two 24" box trees with leaves on each lot. Commissioner Gregory indicated that the plan was very difficult to read and that is seemed to be lacking trees. Commissioner Connor agreed that the plan was very difficult to read. He added that the citrus trees in 2 foot wide spots by the front doors would not work. Commissioner Gregory added that the mexican fan palms are not called out as far as height and it seems that there is an insufficient amount of trees in the front yard. He also noticed that there are bottle trees on the model units that he originally thought were shrubs. Commissioner Gregory then stated that in order for the commission to review the plan they needed to see something that they could look at realistically. Commissioner Holden questioned the access to the lawn through planters in some areas. Action: It was moved by Commissioner Van Vliet, seconded by Commissioner Connor, to continue the request directing the applicant to provide a more detailed plan outlining all the plant material and sizes. Motion carried 4-0, Commissioners O'Donnell and Urrutia Absent. 6 City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619)341-7098 February 14, 1 97 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 23940-3 APPLICANT (AND ADDRESS): FOXX DEVELOPMENT for SUNTERRACE, 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of exterior color scheme for Plan 1 at Sunterrace LOCATION: Sunterrace (Northwest corner of Hovley Lane East and El Dorado Drive) ZONE: PR-5 Upon reviewing the submitted plans and presentations by staff and by the applicant,the architectural commission approved the exterior color scheme for Plan 1 as submitted. Date of Action: February 11, 1997 Vote: Carried 6-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within ten(10) of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. Fery li Pepe, MINUTES ARCHITECTURAL REVIEW COMMISSION FEBRUARY 11, 1997 2) That the materials presented to the commission this date are not acceptable (i.e. hopseed bush and mondale pines); 3) That the four existing California fan palms, which have recently been installed,be removed; 4) That the approved revised landscape plan will include a mix of large mature spreading canopy trees(i.e. 72" box material)with spacing to be determined by the actual species selected and a fast growing hedge (shrub) type material which will obscure the low level view of the loading dock/tunnel. Said material to be minimum 15 gallon installed material; 5) This landscape material to extend southerly to the northerly limit of the designated Pad"C"property line as it would project to Deep Canyon Road; 6) Applicant's landscape architect to prepare a revised landscape plan consistent with the above items to be submitted to Commissioners Gregory and Connor via fax(applicant's landscape architect may contact Commissioners Gregory and Connor to discuss acceptable plant material). When plan is acceptable to Commissioners Gregory and Connor, each will so advise staff; 7) That the applicant shall make appropriate arrangements with it's landscape maintenance firm to assure that this portion of the site is maintained in a manner consistent with the objectives of this plan revision (i.e. to provide maximum screening of the tunnel/loading area). Motion carried 5-0, Commissioner Urrutia Absent. 4. CASE NO.: ET-T 23946-3 ! APPLICANT(AND ADDRESS): FOXX DEVELOPMENT for SUNTERRACE; 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of exterior color scheme for Plan I at Sunterrace LOCATION: Sunterrace (Northwest corner of Hovley Lane East and Eldorado Drive) ZONE: PR-5 The representative for the applicant,Bob Wolf,presented the proposed color schemes and indicated that he had verbal approval of same from Pat Leahy and Bob Varner. Commissioner O'Donnell asked about roof tile samples. Mr. Wolf explained that 5 MINUTES ARCHITECTURAL REVIEW COMMISSION FEBRUARY 11, 1997 they will have flat roofs. Action: It was moved by Commissioner O'Donnell, seconded by Commissioner Gregory, to approve the exterior color scheme for Plan 1 as submitted. Motion carried 6-0. B. Preliminary Plans: 1. CASE NO.: TT 24254 APPLICANT (AND ADDRESS): ERIC MILLER, ARCHITECT, A.I.A. for SONATA H,901 Rio Grande Blvd.,N.W., Suite D-220A,Albuquerque,N.M. 871-4 NATURE OF PROJECT/APPROVAL SOUGHT: Further consideration of revised elevations and additional model units LOCATION: North of Hovley Lane, 1900 feet west of Portola Avenue ZONE: PR-5 Mr. Smith presented pictures of the existing one and two story homes and indicated that the commission was looking at a re-designed elevation with a hip roof. The applicant,Mr. Kilpatrick, asked the commission to approve the gable roofs with the condition that he guarantee that there will be a certain number of homes with the hip roof re-design as shown today. Mr. Smith reported that there were two conditions on the original tract map that will be on the next planning commission agenda. He indicated that staff will be asking to eliminate these two conditions and recommend that they adhere to the city's basic R-I standards. Mr. Smith explained that the applicant would like to proceed with the model complex with the commitment that at some time in the future that a minimum of 15% of the 68 homes have hip roofs as shown today. Commissioner Urrutia expressed his concerns with the possibility of two gable ends used where there are minimum setbacks. He suggested that whenever the distance between two homes is less than 14 feet they must have at least one hip roof. If they meet or exceed the 14 feet of separation,then they can use two gable ends. 6 - Sunterrace Home Owners Association Architectural Committee Mr. Patrick Leahy 41-670 Hogan Drive Palm Desert, CA 92260 January 29, 1997 City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Re: Exterior Color Scheme Upon review of color chart and elevations submitted by Foxx Homes for the home on Lot 12 (73970 Sarazen Way), it was determined that the color scheme 44 is compatible with Sunterrace and is approved. Sincerely, Patrick W. Leahy aJ �fR-7 Sunterrace Home Owners Association Architectural Committee Mr. Patrick Leahy 41-670 Hogan Drive Palm Desert, CA 92260 January 29, 1997 City of Palm Desert 73-510 Fred Waring Drive Palm Desert,CA 92260 Re: Exterior Color Scheme Upon review of color chart and elevations submitted by Foxx Homes for the home on Lot 12 (73970 Sarazen Way), it was determined that the color scheme 44 is compatible with Sunterrace and is approved. Sincerely, Patrick W. Leahy aJ 6fg7 t. Cory of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619)346-0611 FAX(619)341-7098 December 13, 1996 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 23940-3 APPLICANT (AND ADDRESS): FOXX DEVELOPMENT for SUNTERRACE, 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of elevations for two additional units for Plan 1 LOCATION: Sunterrace (Northwest corner of Hovley Lane East and Eldorado Drive) ZONE: PR-5 Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission approved the architectural plans only for the two remaining model units for Plan 1 subject to receiving approval from the Sunterrace Homeowners Architectural Committee. Date of Action: December 10, 1996 Vote: Carried 6-0 (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen(15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the - architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. flegcbO Paper f . a, MINUTES CITY OF PALM DESERT ARCHITECTURAL REVIEW COMMISSION DECEMBER 1091996 I. CALL TO ORDER: The meeting was called to order at 12:30 p.m. Commissioners Present: Current Meetine Year to Date Present Absent Present Absent Richard Holden X 5 2 Frank Urrutia X 7 0 Chris Van Vliet X 6 1 Wayne Connor X 6 1 Richard O'Donnell X 7 0 Ronald Gregory X 6 1 Staff Present: Phil Drell Steve Smith Steve Buchanan Martin Alvarez Daisy Garcia Donna Bitter II. APPROVAL OF MINUTES: It was moved by Commissioner O'Donnell, seconded by Commissioner Urrutia, to approve the minutes of the November 26, 1996 meeting as submitted. Motion carried 5-0-1, Commissioner Gregory Abstaining. III. CASES: A. Final Drawings: 1. CASE NO.: `TT 23940-3 APPLICANT (AND ADDRESS): FOXX DEVELOPMENT for SUNTERRACE, 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of elevations for two additional units for Plan 1 S MINUTES ARCHITECTURAL REVIEW COMMISSION DECEMBER 10, 1996 LOCATION: Sunterrace (Northwest comer of Hovley Lane East and Eldorado Drive) ZONE: PR-5 The representative for the applicant, Mr. Bob Wolf, presented the plans for the two additional units in Phase I. Commissioner Gregory asked if the plans presented to the commission today were shown to the existing homeowners. Mr. Wolf indicated that they were. Mr. Patrick Leahy of the Sunterrace Homeowners Architectural Committee noted that a number of homeowners saw the plans after the last A.R.C. meeting as well as an additional five or six homeowners and Bob Varner. He felt that out of the people who did see these plans that there would be a unanimous approval of the architecture only as they have not seen the landscaping, colors or lighting. Commissioner O'Donnell stated that staff and the commission were prepared to discuss these issues at the last A.R.C. meeting which Mr. Foxx did not attend. He was very concerned because of the non-favorable comments made by the homeowners at that meeting. Commissioner O'Donnell wanted to make it clear to Mr. Foxx that he was very disappointed that Mr. Foxx chose not to attend the last meeting on time to discuss the plans with the homeowners and the commission. Commissioner Urrutia noted that the first design approved at the last meeting was for a model home on a specific lot, but that the two plans presented today do not indicate specific lots. Commissioner Holden indicated that the lots would have to be identified as the homeowners should be aware of what lots would be used for these two models. Mr. Wolf indicated that he would identify the specific lots. Commissioner Urrutia stated that the commission needs to be assured that there will be better communication between the contractor and the existing homeowners. Action: It was moved by Commissioner Holden, seconded by Commissioner O'Donnell, to approve the architectural plans only for the two remaining model units for Plan 1 subject to receiving approval from the Sunterrace Homeowners Architectural Committee. Motion carried 6-0. Mr. Leahy stated that he wanted to see what the neighborhood is going to look like and therefore was interested in which elevations would be placed on which lots. 2 Cory of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX(619)341-7098 December 2, 1 96 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 23940-3 APPLICANT (AND ADDRESS): FOXX DEVELOPMENT for SUNTERRACE, 73-111 El Paseo, Suite 200, Palm Desert, California 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of elevations for two additional units for Plan 1 LOCATION: Sunterrace (Northwest corner of Hovley Lane East and Eldorado Drive) ZONE: PR-5 The commission continued the request as the applicant was not present and did not submit plans prior to the meeting. The commission did hear the concerns from the existing homeowners who were present. Date of Action: November 26, 1996 Vote: Carried 5-0, Commissioner Gregory Absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen(15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. 1 PeOer i • �s i i MINUTES ARCHITECTURAL REVIEW COMMISSION NOVEMBER 26, 1996 there now. Commissioner Connor asked if the commission had approved the monument sign noted on the revised plans. The applicant, Charles Martin, indicated that he had the proposal for the structure with him today to present to the commission. The proposed monument sign structure would be black glass and stucco to match the building colors. He added that he was not asking for approval of the signage but for the structure only. Mr. Martin added that the public works department and Southern California Edison had him take out the trees in the back. Commissioner Connor noted that the parking lot did not meet the city's parking lot shade tree requirements. Mr. Smith added that there had to be a tree for every three parking spaces. Commissioner Connor questioned the curb and the paving. Action: It was moved by Commissioner Connor, seconded by Commissioner Urrutia, to approve the structure only for the monument sign as submitted and approved the revised landscaping plan subject to conforming to the City's parking lot shade tree requirements. Motion carried 5-0, Commissioner Gregory Absent. 11. CASE NO.: TTT_23940-37 APPLICANT(AND ADDRESS): FOXX DEVELOPMENT for.SUNTERRACE, 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of elevations for two additional units for Plan 1 LOCATION: Sunterrace (Northwest corner of Hovley Lane East and Eldorado Drive) ZONE: PR-5 Steve Smith reported that the commission and staff expected to review the plans for the additional two units. In anticipation staff sent out notices to 29 existing property owners in the development advising them of this meeting. He noted that the applicant was not present but asked the commission to hear from the homeowners who took the time to come to the meeting. Commissioner O'Donnell explained to the homeowners that Mr. Foxx was scheduled to come to the meeting today with plans for two other models. Ms. Ellen Kauti,homeowner, indicated that the existing homeowners do not know 8 i MINUTES ARCHITECTURAL REVIEW COMMISSION NOVEMBER 26, 1996 what Mr. Foxx was proposing to build and should not be able to continue with the house he is building now. Mr. Patrick Leahy, member of the Sunterrace Homeowners Association's Architectural Committee,indicated that the association did see the plans for the first model. Ms. Kauti noted that the homeowners were not shown the plans and wanted to make sure that the new homes being built were comparable to the existing homes in regards to exterior elevations,landscaping,etc. Commissioner O'Donnell read the minutes from the meeting of November 12, 1996,where Mr.Foxx outlined the price ranges for the existing homes as well as the projected price range for his homes. Ms. Kauti stated that the sales price noted by Mr.Foxx at the last meeting was incorrect. Commissioner O'Donnell suggested that the homeowners meet with the homeowners association's architectural committee to review these plans. Commissioner Holden informed the homeowners that the architectural commission will look at the plans to make sure that the new homes are comparable to what is there now. He added that they are an aesthetic board and it is their responsibility to make sure that these homes fit in with their homes. Commissioner Urrutia noted that Mr. Foxx did present the plans for the first model at their November 12th meeting and the commission did approve the plans for that model only because they felt that what was proposed was comparable to what was there now. Commissioner Holden added that a public notice was not required for him to build in Sunterrace because he is taking over an existing approved project. Mr. Smith added that the agenda for the architectural commission meetings is posted outside the council chamber on the Friday afternoon before the following Tuesday meeting. He indicated that the homeowners could check the posted agendas or contact Donna Bitter the Monday before the meetings to see if Mr. Foxx was on the agenda for review of the plans. Action It was moved by Commissioner Urrutia, seconded by Commissioner Connor, to continue the request as the applicant was not present and did not submit plans prior to the meeting. Motion carried 5-0, Commissioner Gregory Absent. 12. CASE NO.: PP 95-7 APPLICANT (AND ADDRESS)_ DENISE ROBERGE, 73-250 El Paseo,Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of landscape plan 9 - City Of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-257.8 TELEPHONE (619)346-0611 FAX(619)341-7098 PUBLIC NOTICE November 18, 1996 Dear Sunterrace Homeowner: As you have previously been advised, the remaining 45 lots in the northern portion of your housing tract will be developed by Foxx Development Group. Foxx Development Group will be.presenting plans for some of these lots to the Palm Desert Architectural Review Commission at it's.meeting of Tuesday, November 26, 1996 at 12:30 p.m. in the Community Services Conference Room:here at City Hall. You are welcome to attend this meeting to view and comment on the plans which will be presented. Should you have any questions, please feel free to contact the undersigned. Yours truly, STEPHEN R. SMITH PLANNING MANAGER SRS/db City of Palm Desert 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260-2578 TELEPHONE (619) 346-0611 FAX (619)341-7098 November 15, 1996 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO.: TT 23940-3 APPLICANT (AND ADDRESS): FOXX DEVELOPMENT for SUNTERRACE, 73-111 El Paseo, Suite 200,Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of elevations and site plan for model home in Phase 3 LOCATION: Sunterrace (Northwest corner of Hovley Lane East and Eldorado Drive) ZONE: PR-5 Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission approved the elevations for the one model on Lot 12 only with the understanding that the plans for the other two designs are presented to the commission for approval. Date of Action: November 12, 1996 Vote: Carried 4-0, Commissioners Holden and Van Vliet Absent (An appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this approved plan would need to be resubmitted to commission for approval.) STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES: In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9:00 a.m. the Monday eight days prior to the next meeting. Pa RPor tl Pe MINUTES ARCHITECTURAL REVIEW COMMISSION NOVEMBER 12, 1996 6. CASE NO.: PP 94-5 APPLICANT (AND ADDRESS): DRS. FRANK AND JANET KERRIGAN, 40-100 Washington Street, Bermuda Dunes, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Review of side yard tie-in wall LOCATION: 44-575 Washington Street ZONE: R-3 2,000 Steve Smith presented proposed drawings showing the wall moved forward and creating a front gate. Commissioner Urrutia questioned the signage on the drawing. Mr. Smith indicated that the only request on the agenda was for approval of the tie-in wall. Action: It was moved by Commissioner Gregory, seconded by Commissioner Connor, to. approve the plans for the wall subject to bringing it back 12" so it is not in line with the existing front wall. Motion carried 4-0, Commissioners Holden and Van Vliet Absent. 7. CASE NO.: [TT 23940-3 i APPLICANT (AND ADDRESS): FOXX DEVELOPMENT for C-SUNTERRACE, 73-111 El Paseo, Suite 200, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of elevations and site plan for model home in Phase 3 LOCATION : Sunterrace (Northwest comer of Hovley Lane East and Eldorado Drive) ZONE: PR-5 Steve Smith presented the working drawings for one model home indicating that Mr. Foxx will be developing a total of 45 lots in an existing tract. He stated that staff would like to send the existing property owners a notice giving them an 5 MINUTES ARCHITECTURAL REVIEW COMMISSION NOVEMBER 12, 1996 opportunity to be heard. Commissioner Gregory asked if the average sales price of the homes would be lower than the existing homes. The applicant, Mr. Jim Foxx, indicated that the first phase was built and sold from the $250,000's and that two years ago larger houses were built and sold for$550,000 to $750,000. Mr. Foxx indicated that the price of his homes start at $275,000 with an average sales price of$400,000. Mr. Smith stated that staff is looking for a similar street scape look. Mr. Foxx indicated that he is planning on offering three different elevations and would be back before the commission at their next meeting with the proposed elevations for the other two models. Commissioner O'Donnell wanted to insure that the existing property owners were notified and their comments heard. Commissioner Urrutia asked to see photographs of what is there now so he can see visually what the tract will look like. Mr. Foxx replied that he had colored renderings from his homes at Sterling Cove in Rancho Mirage that he could bring back to the commission as they are the same homes he is proposing for this location. Mr. Smith added that landscaping plans would also have to be submitted to the commission for approval. Commissioner Urrutia added that color samples also needed to be provided. Action It was moved by Commissioner Urrutia, seconded by Commissioner O'Donnell, to approve the elevations for the one model to be located on Lot 12 only with the understanding that the plans for the other two designs are presented to the commission for approval. Motion carried 4-0, Commissioners Holden and Van Vliet Absent. 8. CASE NO.: 4732 SA APPLICANT (AND ADDRESS): STEVE WILLIAMSON for FITIGUES, 15108 Alicante, La Mirada, CA 90638 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of awnings LOCATION: 73-100 El Paseo, Suite 6 ZONE: C-1 6 i 632530001 632 530 035 632 530 037 NEW YORK ART&PRODUCTION I David Domnik&Andria Domnik John Budd&Gayle Romero Budd PO Box 725 41965 Jones Dr 75775 Armour Way Palm Desert, CA 92261 Palm Desert, CA 92211 Palm Desert, CA 92211 632 530 038 632 530 039 632 530 041 Alvar Kauti&Ellen Kauti Sylvan Hamberger& Connie Hamberg Robert Varner 5607 Garypark Ave 75805 Armour Way PO Box 4689 Arcadia, CA 91006 Palm Desert, CA 92211 Palm Desert, CA 92261 632 530 042 632 530 044 632 530 046 Melvin Austin&Judith Austin Robert&Linda Ann Murphy Kay Olsen 41950 Harrison Dr 41910 Harrison Dr 41860 Harrison Dr Palm Desert, CA 92211 Palm Desert, CA 92211 Palm Desert, CA 92211 j i 632 530 048 632 530 052 632 530 060 George Palmatier&Nadine Palmatier Patricia Eggers John Groben&Phylis Gruben 41800 Harrison Dr 41740 Harrison Dr 41950 Jones Dr Palm Desert, CA 92211 Palm Desert, CA 92211 Palm Desert, CA 92211 632 530 062 632 530 067 632 530 068 Scott Keller&Marilyn Keller Damian&Tracey Georgina Richard Germano 41910 Jones Dr 41800 Jones Dr 2808 Mckinney Ave#206 Palm Desert,CA 92211 Palm Desert, CA 92211 Dallas, TX 75204 632 530 077 632 530 082 632 530 088 Wade&Kimberly Grindle INDIANA INV INC George V Dunning&Robert Marino 41770 Harrison Dr 2900 E 83rd PI PO Box 1207 Palm Desert, CA 92211 Merrillville,IN 46410 Claremont, CA 91711 632 530 089 632 530 090 632 540 002 Pamela Clute Leighton Tegland&Gina Tegland Mark Carriere 41905 Harrison Dr 41935 Harrison Dr NO STREET NAME or NUMBER Palm Desert,CA 92211 Palm Desert, CA 92211 Van Nuys, CA 91406 632 540 010 632 540 017 632 540 021 Norman Thye&Palm Desert Thye David Mazzocco Herm Sarmn& Safran 75985 Nelson Ln 75855 Sarazan Way 34948 Missio Palm Desert, CA 92211 Palm Desert, CA 92211 Rancho Mirage, CA 92270 632 540 022 632 540 023 Ivan Kanno Patrick Leahy&LEAHY PATRICK 1 75975 Sarazan Way 41670 Hogan Dr Palm Desert, CA 92211 Palm Desert, CA 92211 I I i NEW YORK ART&PRODUCTION INC David Domnik&Andria Domnik John Budd& Gayle Romero Budd PO Box 725 41965 Jones Dr 75775 Armour Way Palm Desert, CA 92261 Palm Desert, CA 92211 Palm Desert, CA 92211 Alvar Kauti&Ellen Kautir Sylvan Hamberger&Connie Hamberger Robert Varner 5607 Garypark Ave 75805 Armour Way PO Box 4689 Arcadia. CA 91006 Palm Desert, CA 92211 Palm Desert, CA 92261 Melvin Austin&Judith Austin Robert&Linda Ann Murphy Kay Olsen 41950 Harrison Dr 41910 Harrison Dr 41860 Harrison Dr Palm Desert, CA 92211 Palm Desert, CA 92211 Palm Desert, CA 92211 George Palmatier&Nadine Palmatier Patricia Eggers John Gmben&Phylis Graben 41800 Harrison Dr 41740 Harrison Dr 41950 Jones Dr Palm Desert, CA 92211 Palm Desert, CA 92211 Palm Desert, CA 92211 Scott Keller&Marilyn Keller Damian&Tracey Georgino Richard Germano 41910 Jones Dr 41800 Jones Dr 2808 Mckinney Ave#206 Palm Desert, CA 92211 Palm Desert, CA 92211 Dallas, TX 75204 Wade&Kimberly Grindle INDIANA INV INC George V Dunning&Robert Marino 41770 Harrison Dr 2900 E 83rd PI PO Box 1207 Palm Desert, CA 92211 Merrillville, IN 46410 Claremont, CA 91711 Pamela Clute Leighton Tegland& Gina Tegland Mark Carriere 41905 Harrison Dr 41935 Harrison Dr NO STREET NAME or NUMBER Palm Desert, CA 92211 Palm Desert, CA 92211 Van Nuys, CA 91406 Norman Thye&Palm Desert Thye David Mazzocco Equity Houston 75985 Nelson Ln 75855 Sarazan Way NO STREET NAME or NUMBER Palm Desert, CA 92211 Palm Desert, CA 92211 CA Herm Safran& Safmn Ivan Kanno Patrick Leahy&LEAHY PATRICK 1993 34948 Missio 75975 Samzan Way 41670 Hogan Dr Rancho Mirage, CA 92270 Palm Desert, CA 92211 Palm Desert, CA 92211 NEW YORK ART&PRODUCTION INC David Domnik&Andria Domnik John Budd& Gayle Romero Budd PO Box 725 41965 Jones Dr 75775 Armour Way Palm Desert, CA 92261 Palm Desert, CA 92211 Palm Desert, CA 92211 Alvar Kauti&Ellen Kauti Sylvan Hamberger& Connie Hamberger Robert Varner 5607 Garypark Ave 75805 Armour Way . PO Box 4689 Arcadia, CA 91006 Palm Desert, CA 92211 Palm Desert, CA 92261 Melvin Austin&Judith Austin Robert&Linda Ann Murphy Kay Olsen 41950 Harrison Dr 41910 Harrison Dr 41860 Harrison Dr Palm Desert, CA 92211 Palm Desert,CA 92211 Palm Desert, CA 92211 George Palmatier&Nadine Palmatier Patricia Eggers John Groben&Phylis Groben 41800 Harrison Dr 41740 Harrison Dr 41950 Jones Dr Palm Desert, CA 92211 Palm Desert,CA 92211 Palm Desert, CA 92211 Scott Keller&Marilyn Keller Damian&Tracey Georgino Richard Germano 41910 Jones Dr 41800 Jones Dr 2808 Mckinney Ave#206 Palm Desert, CA 92211 Palm Desert, CA 92211 Dallas,TX 75204 Wade&Kimberly Grindle INDIANA INV INC George V Dunning&Robert Marino 41770 Harrison Dr 2900 E 83rd PI PO Box 1207 Palm Desert, CA 92211 Merrillville,IN 46410 Claremont, CA 91711 Pamela Clute Leighton Tegland&Gina Tegland Mark Carriere 41905 Harrison Dr 41935 Harrison Dr NO STREET NAME or NUMBER Palm Desert, CA 92211 Palm Desert, CA 92211 Van Nuys, CA 91406 Norman Thye&Palm Desert Thye David Mazzocco Equity Houston 75985 Nelson Ln 75855 Samzan Way NO STREET NAME or NUMBER Palm Desert, CA 92211 Palm Desert,CA 92211 CA Henn Safran& Safran Ivan Kanno Patrick Leahy&LEAHY PATRICK 1993 34948 Missio 75975 Sarazan Way 41670 Hogan Dr Rancho Mirage, CA 92270 Palm Desert, CA 92211 Palm Desert, CA 92211 632 5V6 ob G3Z -s"vo - b5� 12os�n�h ✓5� t 775 o, f�Y�lrY fit ! 86s HKrr;sor ��lrc Mfllk v�I I M%r fit V R#416 IM G r I G n 'r . Dept. of Planning and Community Development r MwOgFda o (o en 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA92260 Applicant (please print) 73tII 5 I � z.5 � o Ste Z © ) 7195 IJ � 7� Mailing Address 7elepnane City �,. �, State Zip-Code REQUEST: (Descnnribe specific nature of approval requested I. CC . I� C a �� r4")cJ � f9T a VVlo � o � I awl Q PROPERTY DESCRIPTION: S L/ n /C et C P��C�I ASSESSORS PARCEL NO. EXISTING ZONING V 1 Property Owner Authorization The signed sates that they ors the owner(sl of the property described herein and hereby give authar- I Ion f q is application.ins f Si' attire D t Agreement absolving the City ofjRilm D ert of all liabilities relative to any dead restrictions. 1 00 BY MY SIGNATURE 0 AGREEMENT, Absolve Me City of Palm Desert at all liabilities regarding any deed restrictions Mat may be applicable to the property described herein. 1 � 7 G � /� Si nature Dats Applicants Signat7 /2 L ure t- 1. ll Date OR STAFF USE ONLY) Environmental Status. Accepted by: n 9 ❑ Ministerial Act E.A. No. ❑ Categorical Exemption CABIZ f;11,O�Z23_l�'�(�i� ❑ Negative Declaration !ir��11 L� UVL/ � lam" Other Ref�rer^.e Crse No. _ CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT A APPROVED BY: O C.C.RES.NO, ❑P.C.RES.NO. WIDTAFF LETTER 0 AMC ACTION FORM to CONSTRUCTION SHALL COYNENCE YRTHIN ONE YEAR OF THIS APPWW M s-/Iral we i F70 r o u /C dt � wij eXS �o L c I �9 1 o c� �/ v a,yi Cy �rolowl�l bGul✓Px/, 17,v �. �p it o C r��L S �n c1 o a� v`v�✓ i� W cc�11'wG �'✓{200 � e.��i L. i 7-�11'i�v��� FAO VIX Development Corp. 73-1 1 1 El Paseo,Suite 200 a Palm Desert, 2260*6 19-568-5773 0 Fax:619-340-3683 Cont. Lic.#291022 March 6, 1997 RECEIVED Mr. Steve Smith MAR 10 1997 City of Palm Desert T7 3- 510 Fred Wariryg-. COMMUNITY DEVELOPMENT DEPARTMENT Palm Desert, CA 92260 CITY OF PALM DESERT Dear Steve: Enclosed is a letter I received from Mr. John Budd regarding landscape plans for a house at Sunterrace. I have spoken with Mr. Budd and have shared the following: 1. The landscape committee is responsible for oversight of common area landscape. 2. The CC&R's require the landscape plan to be submitted to the Architectural Committee for review and approval. 3. The Architectural Committee has approved the landscape plan as submitted and installed. Steve, I apologize for any confusion at the Architectural Review Committee meeting the other day that occurred after Bob Wolfe had left. Had he been there, I am sure some of it may have been avoided. As you know, everyone concerned with Sunterrace is nervous and upset with the events and this type of episode is unavoidable. Should you have any questions regarding this matter, please feel free to call me. Jan James L. Foxx President JLF:ksb cc: John Budd -'� TOT PHONE NO. FEB.28. 1997 4:03PM P 1 FROM CHEVRON OVERSERS CIS/DL P, NO. : 415 949 4322 &MTOvu" Homeowners Association 74-040 Hwy 111 Suite L-2oo, Palm Desert, CA 92260 (619) 779-9709 FAX (619) 341-2898 February 28, 1997 Foxx Development 73-111 El Paseo Suite 200 palm Desert, CA 92260 Dear Mr. Foxx, I am a member of the Sunterrace Homeowners association, and the designated committee chairman for landscaping. There are three other elected homeowners on my committee. We report to our board as. well as to all the other homeowners. You and I have spoken by phone not too long ago. For your information I would like to share discussions at the recent Palm Desert Architectural Commission on Tuesday, 2/25/97 at approximately 2:00 p.m. There were 6 Sunterrace homeowners who met with the commission. The conversations were placed on record with the Commission. 1) I introduced myself and other Sunterrace homeowners. 2) We stated that Foxx Developments landscape plans were not presented to myself or my committee. 3) We presented photographs of your model to the Commission, showing that landscaping was already planted before we or they gave any approval. 4) The Commission was somewhat surprised and set back. They assured us that your plans are NOT FINAL APPROVED by them until the Sunterrace Homeowners Association grant approval. We received a copy of the landscape plans, for the first time at the Commission meeting and our landscape committee has reviewed and approved your plans. Please consider this letter as the Sunterrace Homeowners Association formal approval. We do highly recommend that some frontal exterior landscape lighting be added to the model. All existing homes in Sunterrace have exterior landscape lighting. We would like consistency throughout the development. A copy of this letter will be sent to the City of Palm Desert. l-0 PHONE NO. FEH.28. 1997 4:05PM P 2 FROM CHEVRON OVERSEAS CIS/DLW F = NO. 415 949 4322 Foxx Development February 28, 1991 Page two If you have any questions or Comments please call me at 776-8002.. Sincerely, John F. Budd cc: Sunterrace Homeowners Robert Varner Donna Bittar, City of Palm Desert Steve Smith, City of Palm Desert Celeste wardin, Equitable Mgmt. Ron Butts, Century Homes Dennis Cunningham, Century Homes