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TT 23982 HOVLEY LANE WEST HOMES 1988
■ n i PRECISE PLAN ZONE CHANGE TENTATIVE TRACK_ � r . . . VARIANCE PARCEL MAP _C.U.P. REFER TU: �, , • APPLICANT: ' LOCATION '�. REQUEST: EXISTING ZONE'_._ PREPARATION PROGRESS APPLICATION RECEIVED DATE BY COMMENTS LEGAL PUBLICATION SENT NOTICES SENT FIELD INVESTIGATION DEPTS. NOTIFIED BUILDING ENGINEERING FIRE POLICE RECREATION & PARKS SCHOOL DISTRICT DIVISION OF HIGHWAYS FLOOD CONTROL PRELIMINARY MEETING r STAFF REPORT FINAL PLAN APPROVAL L L �f PRECISE PLAN (6) — LANDSCAPING PLAN (5) PLAN. DIRECTOR MOD. f6) HEARINGS & ACTIONS REVIEW BOARD HEARING DATE ACTION VOTE PC. HEARING PUBLISHED PC. PUBLIC HEARING APPLICANT NOTIFIED C.C. PUBLIC HEARING ORDINANCE D. RESOLUTION N0. EFFECTIVE DATE RECORDED FOR DATA BANK ZONING MAP CORRECTED 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 I TELEPHONE (619) 346-0611 - - SEPTEMBER 7. 1988 CITY OF PALM DESERT i LEGAL NOTICE ' I CASE No. TT 23982 NOTICE IS HEREBY GIVEN that a hearingPublic j Desert Planning Comnl sslon to consider a request) by BARCON DEVELOPMENT, held before the Palm approval of a 16 lot single family subdivision located southwest of Portola Avenue and Hovley Lane. APN 622-280-003 - I� � '7 B P.C.-(2) 9 .O P .R.- 2 Q _ 1 pv n 7 17\rt e 2 I i , W b PA-4 S P R S W rlt}+'!f ! / 1 n. .. f .P.R-5 "7 I r 17 I ✓r � hI' '.�(� I ------------ 1 SAID public hearing will be held on Thursday, October-4, 1988 at 7:00 . p the Administrative Conference Room next to 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: Desert Post RAMON A. DIAZ, Secretary September 23, 1988 Palm Desert Planning Commission CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM TO: City Manager and City Council FROM: Assistant City Manager/Director of Community Development DATE: June 23, 1994 SUBJECT: Sonata Lighting and Landscaping District A meeting was held, as instructed by council, with homeowners of the Sonata subdivision concerning the lighting and landscape maintenance district. The subdivision is composed of 16 homes on a cul-de-sac at the southwest corner of Hovley Lane and Portola Drive. The purpose of the meeting had been to discuss the possible creation of a homeowners association (HOA) to maintain the exterior landscaping. It was made clear by the homeowners that they did not wish to create a HOA. Further, they stated they did not wish to pay anything for maintenance of the exterior landscaping. The homeowners also stated that they were misled and not informed that a maintenance district would be established to maintain the exterior landscaping. Staff responded that they would try and secure the white or pink state department of real estate report and see what information was contained therein. It was discovered that this subdivision was exempted from filing such reports . The issue before us involves the same questions raised some years ago. At that time, while the district was being formed, the city re- landscaped the exterior planting areas at its expense to reduce the cost of maintenance for the district. The district has been in place for three years and assessment for the coming year has been reduced to $309 . 88 .( $315 . 16 last year) . Council will recall that exterior landscape maintenance became a critical issue in the mid 80 ' s when the original developers of Desert Falls allowed the exterior landscaped areas to deteriorate. Ultimately the new developer had to totally re-landscape the area. To avoid such occurrences in the future, the option of having HOA' s with "zero assessment" landscape districts or creating maintenance districts was established. If HOA' s decided to eliminate exterior maintenance and there were no alternatives, it is not hard to imagine the deterioration that would occur in the city' s appearance, image and quality of life. CITY MANAGER/CITY COUNCIL SONATA LIGHTING AND LANDSCAPING DISTRICT JUNE 23, 1994 The alternatives are to not require exterior landscaping along streets, permit the landscaping to deteriorate, or continue the present program which has worked well and has created and maintained the ambience and feeling that makes Palm Desert one of the most desirable communities in Southern California. I have attached minutes from 1991 hearings which demonstrate that an agreement with the Sonata had apparently been reached; the city has met all obligations it had accepted as part of that agreement. RAMON A. DIAZ ASSISTANT CITY M, AGER, DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING /tm Attachment 2 %11N 1 1 ES AUGUST 22, 1991 REGULAR PALA 'T i DESERT " Y COLN �IEETLtiG B. gFOUEcT FOR CONSIDERATION of Landscape and Lighting Assessment for Fiscal Year 1991/92 for Tract 23982-Sonata 1. Mr. Altman stated that staff was requesting that the Council delay this matter until the 7:00 p.m. portion of the meeting because a request had been received from a citizen who wished to address the Council on this subject. Councilman Crites moved to hold this matter to the 7:00 p.m. portion of the meeting. Motion was seconded by Wilson and carried by unanimous vote of the Council. At the 7:00 p.m. portion of the meeting, Councilman Crites moved to continue the item to the meeting of September 26, 1991. Motion was seconded by Wilson and carried by unanimous vote. C. j,ETrE$S FROM THE CITIES OF POMONA, LAKE ELSINORE, AND HUNTINGTON PARK RELATIVE TO RESOLUTION OPPOSING WATER COMPANY SURCHARGES. Councilman Wilson moved to, by Minute Motion, defer passage of the resolution. Motion was seconded by Crites and carried by unanimous vote. XIII. REPORTS AND REMARKS _ A. CITY MANAGER None B. CITY ATTORNEY Mr. Erwin asked that Council adjourn to Closed Session at an appropriate time. C. MAYOR AND MEMBERS OF THE CITY COUNCIL o M y Council Requests for Action: 1, Consideration of Coachella Valley Peoplemover Feasibility Study (Mayor Pro- Tempore Richard S. Kelly). MR. RICHARD CROMWELL, Director of Sunline Transit Agency, stated that in order to obtain funding for a peoplemover system, it was felt that it needed to have a broader scope. He said that through the efforts of RCTC (Riverside County Transportation Commission) and Sunline, they felt it would be appropriate to look into the feasibility of a Valley-wide peoplemover. Sunline's Board of Directors felt it was time to do this and had appropriated $50,000 to assist in the beginning of this study. He said he had received correspondence yesterday indicating approval of the S25,000 portion from the Federal Government. He said the study would be done in two phases. He noted that with the $50,000 from 16 MINUTES SEPTFIvIBIIt 26, 1991 REGULAR PALM DESERT 'Y COUNCIL MEETING r XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION 1. Continued Business Item C - RVOU ST FOR CONSIDERATION of Landscape and lighting Assessment for Fiscal Year 1991/92 for Tract 23982-Sonata I (Continued from the Meeting of August 22, 1991). Mr. Folkers reviewed the report, noting that staff felt it was time to make a decision based on the analysis of the situation regarding how the financial aspects will be handled with respect to the properties in this assessment area. He said the proposal was that each property owner pay $250.00 for this year, with the City and the developer to pick up the remaining cost. In addition, any payments not collected in fiscal year 1991-92 would be added to the fiscal year 1992-93 assessment; and beginning fiscal year 1992- 93, the property owners shall be assessed for the full annual estimated costs. Mayor Snyder noted that this was not a public hearing but invited testimony from the audience. MR. LARRY SCHONCITE read a prepared statement protesting the assessment and stating that the property owners felt the area in question belonged to the City and that they did not receive any more benefit from it than other developments on Hovley Lane. He requested that for ten years a cap of$250.00be placed on the assessment plus annual CPI increase. MRS. LOUISE TAYLOR stated that all of the residents had the same concerns and that she concurred with Mr. Schoncite's comments. She expressed the following concerns: At the meeting with Mr. Folkers and the developer, residents were not allowed to voice their opinions at all unless it dealt with how the payment of the assessment would be split. Until residents voiced opposition, they had been advised the assessment would be $626.00. She said they had also been advised that a lower bid was received for basically the same services, and she asked if residents would have had to pay the higher amount and not been told about the lower bid if they had not protested. She said residents had not had any meetings with Barcon at all; the developer was not interested in meeting with the residents and had only spoken with Mr. Schoncite. Mrs. Taylor concluded her remarks by asking that Council give relief to the residents for ten years and said they needed time to resolve the issue of responsibility for this property. She said they did intent to resolve the issue, had met with their attorney, and were advised of their rights. She added that they would take whatever steps were necessary to resolve the issue with the developer. 14 MON T> S REGULAR PALM DESER ''TI Y COUNCIL MEIsTING SEPTEMBER 26, 1991 • i i • t • • i • • \ • • i f • • f • i i t • • • • i i • i i i • t MR. KEN ELDRED asked why the assessment district was not included in the CC&R's and said they were told they were not responsible for any assessment district. Mr. Folkers stated that the whole intent of the first meeting with the developer and Sonata residents present was to deal with the issue of the assessment for the landscaping costs. He said it was specifically stated that the meeting would not deal with the legal issues between the residents of Sonata and the developer. He said the initial estimate for the landscaping maintenance was $626.00;when bids were received, that amount was reduced to $W.00 per parcel. He noted that the developer had agreed, even though he had no responsibility, to pay $95.00 per parcel for the rest of this year to help with the maintenance; the other portion would be shared between the City and the property owners. In response to Mr. Eldred's question, Mr. Folkers stated that it was his understanding that it was not specifically called out as an assessment district in the CC&R's but was called a maintenance district. Councilman Crites asked whether staff had looked at a copy of the CC&R's to see if they mentioned an assessment district. Mr. Folkers responded that Mr. Joe Gaugush of his office had looked into this with Mr. Freeman of Barcon. Councilman Crites asked whether one of the City's conditions of approval for the project was the establishment of this assessment district, and Mr. Folkers responded that the condition was included. Councilman Crites asked whether acceptance of the developer's willingness to pay $95.00 per parcel in any legal way reduced the developer's potential exposure to complaint by the homeowners. He also asked whether the City had any responsibility to ensure that the conditions of approval are passed on to the homeowners. Mr. Erwin responded that it was extremely doubtful that participation by the developer would in any way affect any individual rights against the developer. He added that conditions of approval are imposed on the developer, and it is the developer's responsibility to advise homeowners of specific conditions. MR. SCHONCITE asked whether the CC&R's were approved by the City since the City imposes conditions of approval, and Mr. Diaz responded that the City does not approve CC&R's. MR. MAX MARKOVn7, 40-993 Sonata Court, said the residents were not here to discuss their problems with Barcon but to determine what their outlay of cash will be so they know how to negotiate with Barcon. He said they were not asking anything from the City except relief with a cap for a period of time. 15 MINUTES SEER 26, 1991 REGULAR PALM DESERT 7 COUNCIL MEETING Mr. Folkers stated it was staff's position that the City should not provide the requested cap because it is not being done for any of the other developments in the area. Councilman Crites asked whether the average change in cost per year over a five-year period for other assessment districts is approximately the same as the CPI increase, and Mr. Folkers responded that it was. Councilman Wilson asked why the assessments for this development were higher than other units in the assessment district. Mr. Folkers responded that this development has frontage on both Hovley Lane and Portola Avenue, and the area per square foot for the 16 houses is higher than Sonata II which only has frontage on Hovley Lane and has more lots. Councilman Wilson asked whether the costs for the entire district could be averaged out instead of taking each individual tract and figuring cost. Mr. Folkers stated that it has to be done by benefit analysis, and the City has to be able to prove in court the benefit assessment. Mr. Erwin agreed and said the City relies on its benefit engineers to separate the assessments. Upon question by Councilman Wilson, Mr. Folkers explained that the landscaping on Portola Avenue is turf with trees and some plants against the wall. He added that staff had looked at the area to see what could be done to reduce the maintenance costs of the area. Councilman Wilson asked if this was the only assessment district along Portola Avenue, and Mr. Folkers responded that the wall along The Vineyards was paid for by that development. Councilman Crites stated that if this development were to be built today, there would not be turf and petunias; the developer would be required to plant drought tolerant landscaping. He suggested that staff look into the cost of converting the area to drought tolerant. He asked what the difference in cost would be to maintain drought tolerant versus the turf landscaping that is there. Environmental Conservation Manager John Wohlmuth responded that in the City medians, the cost is approximately $.13 per square foot per year for drought tolerant and $.30 per square foot per year for turf and trees. He added that this did not include water, which was about 10% more per square foot. Mr. Diaz suggested that staff prepare a report for Council at its October 24th meeting on what the cost would be to retrofit the assessment district to drought tolerant landscaping, what the maintenance costs would be for drought tolerant compared with 16 MINUTES REGLTLAR PALM DESERT 'TY COUNCIL MEETING SEPTEIvBER 26, 1991 what is there now. In addition, staff should talk to the developer to see what he would pay for this retrofit. Councilman Wilson moved to continue this matter to the meeting of October 24, 1991, with would be to retrofit the assessment district to drought direction to staff to look into what the cost g tolerant landscaping, compare the costs to maintain drought tolerant landscaping versus the existing landscaping, and work with the developer to determine who would pay for subject retrofitting. Motion was seconded by Kelly and carried by unanimous vote of the Council. MR. SCHONCTTE asked that Council consider the item at 7:00 p.m.at the October 24th meeting to allow homeowners to attend. XVI. ORAL CObD4UNICATIONS - C None XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. pRFcpNTATION OF PLAQUES OF APPRECIATION TO RICK ERWOOD AND PAUL WHITE. Mayor Snyder presented a plaque of appreciation to Mr. Richard Erwood for his service on the City's Planning Commission from August, 1983, through September, 1991. Mr. Erwood thanked the Council for the opportunity to serve the City for eight years on the Planning Commission. He said it had been a very rewarding and enjoyable experience. Mr. Paul White was not able to attend this meeting to receive his plaque. XVIII. PUBLIC HEARINGS A. CONSIDERATION OF STREET VACATION - DESERT MIRAGE DRIVE (TRACT 25639), RAM DEVELOPMENT & CONSTRUCTION COMPANY, APPLICANT. Mr. Diaz noted there was a staff report in the packets and that Mr. Folkers was available to answer any questions. Mayor Snyder declared the public hearing onen and invited testimony in FAVOR of or OPPOSED to this request. MR. MICHAEL ROBINSON, RAM Development, spoke in favor of this street vacation and offered to answer any questions. 17 REGULAR PALM DESEP r CITY COUNCIL MEETING i i r i « « r s r : r r r « i • « « « i i i• OCTOBER 24, 1991 Upon motion by Crites, second by Wilson, and unanimous vote of the Council, Mayor Pro- Tempore Kelly adjourned the meeting at 5:55 p.m. to Closed Session for r Attorney. He reconvened the meeting at 7:00 p.m. reasons stated by the City XV. COMPLETION OF ITEMS HELD OVER FROM 4:00 P.M. SESSION Mayor Pro-Tempore Kelly asked that Council consider Oral Communications prior to the Sonata I item from the 4:00 p.m. session. Council concurred. A. REOtiFI FOR CONSmFp a rrnw, of Landscape and Lighting Assessment for Fiscal Year 1991/92 for Tract 23982-Sonata I (Continued from the Meetings of August 22 and September 26, 1991). Mr. Folkers reviewed the staff report, noting that staff had hoped to have the developer pay for the relandscaping of the area; however, there had not yet been a firm commitment from them. He reviewed the history of this district, noting there was definite concern on the part of the City to resolve the issue. He said the worst case situation if nothing could be resolved to change it to drought tolerant landscaping would be to cap the sprinklers and let the grass die out. Mayor Pro-Tem Kelly stated this was not a public hearing but invited testimony from the audience. MR. LARRY SCHONCTTE, 40-862 Sonata Court, stated that at the last City Council meeting, the residents of Sonata-I had requested a $250.00 freeze for ten years. He said they were thankful the Council was looking into retrofitting the area to drought tolerant. He said he had spoken with Tom Bassler and Dick Folkers just prior to this meeting and did not see that any solution had been reached since Barcon, the developer, would not pay for the retrofit. With regard to the recommendations in the staff report dated October 24, 1991, he questioned Item #3 which did not indicate what the "full annual estimated costs" would be beginning in fiscal year 1992-93. He said the residents hoped the matter could be resolved amicably but did not feel this was the end. He added that he did not want to threaten litigation but felt the matter might have to be left up to the courts. Councilman Crites stated he would like to place a solution on the floor for discussion but would first make some preliminary comments: 1) Whether members of this association or other people in the City do or do not like the idea of landscaping and lighting assessment districts, the method for this district is the same method used by the City in a large number of places all over the City, including on Monterey Avenue, Country Club, Fred Waring, the Vineyards, etc. It is not something this particular development is being singled out for; 2) We have gone both by attorney opinion and court case to see whether this type of assessment does meet the requirements of California State Law, and the answer has consistently been "yes";3) As to whether he personally believed the residents of Sonata-I received adequate notice from the person who was the developer, he said he personally did not feel adequate notice was received. That is different from whether or not the residents legally received enough information ►tpiurFs REGULAR PALM DESERT ;II Y COUNCIL MEETING • OCTOBER 24; 1991 t i i t f i i f t t f i f t i i i f t i t i i t i t t i i t t i i i from them. However, that is something the residents and the developer may need to sort out through the court system; 4) It seems one of the big concerns of the residents is escalation of costs, and the best way to take care of that is to get something that will not change much in cost and that would be a low maintenance, low water usage. Councilman Crites stated his proposal was as follows: 1) That the City lean with all possible leverage on the developer to pay the cost to retrofit the landscaping to drought tolerant; 2) if the developer does. not pay those costs, the City will pay the retrofit costs; 3) property owners shall pay the $282.88 per parcel for fiscal year 1991-92 in two installments due December 10, 1991, and April 10, 1992; 4) in the future, the property owners shall be assessed for the full annual estimated costs. He added that all he could honestly tell the homeowners with this kind of landscaping was that maintenance costs did not appreciably change, which is different from the landscaping where it is necessary to put in annual color and flowers and reseed the grass, etc. Councilman Crites added that he felt the developer had at least a moral if not legal obligation to these residents. At the request of Mr. Schoncite and with Council concurrence, Mayor Pro-Tem Kelly declared a recess at 7:30 p.m. for residents- to discuss this proposal. He reconvened the meeting at 7:40 p.m. Mr. Schoncite stated that after discussion, there remained several questions: With regard to "full assessment", property owners still wanted to know what the costs J would really be. Councilman Crites responded that over the past several years, the City had gone to drought tolerant landscaping as much as possible throughout the City. He asked Environmental Conservation Manager John Wohimuth to explain the City's track record as far as what costs were before drought tolerant landscaping was put in. Mr. Wohlmuth reported that this program was begun five years ago and that maintenance costs had gone down over the years. On Highway 111, costs were. approximately $.13 per square foot per year five years ago; bids had just been opened for Highway 74 median maintenance at approximately $.04 per square foot per year. He added that water usage for drought tolerant landscaping was about 10% of the water cost for non-drought tolerant. Mr. Schoncite asked whether the trees would remain when the area is converted to drought tolerant. Mr. Folkers responded that the trees would remain. Mr. Schoncite stated he really did not think the City would end up having to pay for the I retrofit because Mr. Golds of Barcon would not want to look bad in the City's eyes. He stated that the residents had reached a majority decision. He thanked Councilman Crites and stated that the residents would accept the proposal outlined. 16 • 1UNUTES 1tFGULAR PALM DESER ^1Ty COUNC>I hFErING OCr'OBER 24, 1991 r r 'r • r s r r r r rqWr r r r r r • r • ♦ r • Councilman Crites stated this was the product of a group of residents and City staff working together. He admired the residents for their persistence and willingness to listen and to work with the City to resolve this matter. Councilman Crites moved to, by Minute Motion, approve the following proposal: 1) That the City lean with all possible leverage on the developer to pay the cost to retrofit the landscaping to drought tolerant; 2) if the developer does not pay, those costs, the City will pay the retrofit costs; 3) property owners shall pay $282.88per parcel for fiscal year 1991-92 in two installments due December 10, 1991,and April 10, 1992; 4) in the future, the property owners shall be assessed for the full annual estimated costs. Motion was seconded by Wilson and carried by unanimous vote of the Councilmembers present. Mayor Pro-Tem Kelly added his thanks. He said he 'had read in Newsweek where someone won a Pulitzer prize because of a demonstration that no matter what the problem, if people sit down and talk about things, they can work it out. XVI. ORAL COMMUNICATIONS - C MS. JACQUIE BETHEL, P.O. Box 138,La Quinta, spoke on behalf of the Coachella Valley Education Foundation. She said this week was designated as "Red Ribbon Week", and she presented the City with a large red bow to symbolize a commitment to a drug-free America. On behalf of the entire City Council, Mayor Pro-Tempore Kelly thanked her for her efforts and for taking .the time to attend the meeting. XVII. AWARDS, PRESENTATIONS, AND APPOINTMENTS None XVIII. PUBLIC HEARINGS None XIX. ORAL COMMUNICATIONS - D None 7 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 February 15, 1989 ARCHITSCIUPAL REVIFSd 0DK4=ICN ACPICN CASE NO: TT 23982 APPLICANT (AND ADDRESS): HARCON DEVELOPMENT, 41-625 Eclectic Street, Suite H-1, Palm Desert, CA 92260: MIKE HORTON, 73-842 Masson, Palm Desert, CA 92260. NATURE OF PROJECT/APPROVAL SC[JUH: Final Appal of landscape plans for perimeter of 16 lot subdivision. LOCATION: S/W of Portola and Hovley. ZONE: P.R.-5 ----------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission approved this case by minute motion. Date of Action: February 14, 1989 Vote: Carried 5-0 (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. ) ---------------------------------------------------------------------- STAFF C n4ENTS: Please read the attached minutes. Upon receiving final approval 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 prior to the next meeting. MII4TTES PALM DAP AR3n7HCiURAL QI44ESSI(N TUESDAY - FMMARY 14, A$9 n ' SUBJECT TO 12:00 P.M. C944mITY SERVICES O[ViERFSFCL� R0CM OM 737510 FRM FlARuU W%03�n �' SUBJE RvISION I. The meeting was called to order at 12:00 gm. Commission Members Current Meeting Year to Date Present Absent Present Absent Ron Gregory, Chairman x 3 0 Mary Drury x 3 0 Russell McCrea x 3 0 Rick Holden x 3 0 Steve Sullivan x 3 0 Others Present: Pat Bedrosian FYankie Riddle Catherine Sass Steve Smith Brent Conley Ramon Diaz The minutes of January 10, 1989, meeting were approved with amendments on page 9, paragraph 3 - Mana Gina's - should be canvas drapes. January 24, 1989, meeting was approved with amendments on page 4, paragraph 2 - the motion should read "Carried 4-1". Carried 5-0. II. Moved by (Onni.ssicner Drury, seconded by (brmissioner McCrea to approve the following cases by mirnrte motion. Carried 5-0. 1. CASE NO: 1491 SA APPLICANT (AND ADDRESS): LUCKY STORES, INC., 6565 Knott Avenue, Buena-Park, CA 90622. NATURE OF PROJECT/APPROVAL SOUGHT' Approval of change to face of center identification sign. LOCATICN: Lucky Center, San Pablo and E1 Paseo. ZONE: C-1, S.P. C nviissioners Sullivan and Holden opposed. 2. CASE No: PP 86-28 APPLICANT (AND ADDRESS): AHMANSON COMPANY, 1123 Parkview Drive, Suite 360, Covina, CA 91724. , ;- . ..M SUBJECT lu REVISION MINUTES �;sl `a iti, ARCHITECTURAL COMMISSION EESRUMU 14, 1989 NATURE OF PROJECT/APPROVAL SOUGHT: Final Approval of architecture and landscape plans for pad 8. LOCATION: Town Center Way and Highway 111. ZONE: P.C.(3), S.P. Landscape plans were not approved. Chairman Gregory abstained. 3. CASE NO: 1556 SA APPLICANT (ARID ADDRESS): PALMS TO PINES CANVAS, Pinyon Pines, P.O. Box 69, Mountain Center, CA 92361. NATURE OF PROJECT/APPROVAL SOUGHT: Approval of awnings with signage. LOCATION: 73-290 El Paseo. . ZONE: C-1, (S.P. ) Commissioner Holden opposed. 4'. CASE NO: TT 23982 APPLICANT (AND ADDRESS): BARCON DEVELOPMENT, 41-625 Eclectic Street, Suite H-1, Palm Desert, CA 92260: MIKE HORTON, 73-842 Masson, Palm Inert, CA 92260. NATURE OF PROJECT/APPROVAL SOUGHT: Final Approval of landscape plans for perimeter of 16 lot subdivision. LOCATION: S/W of Portola and Hovley. ZONE: P.R.-5 5. CASE NO: PP 88-16 APPLICANT (ARID ADDRESS): URI KOHEN, 74-874 Joni Drive, Suite #8, Palm Desert, CA 92260. NATURE OF PROJECT/APPROVAL SOUGHT: Approval of final working drawings and landscape plans for industrial building. LOCATION: 74-849 Joni Drive. ZONE: S.I. 2 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346.0611 PLAN NIM OCbMSSION MELTDC NOTICE OF ACTION Date: December 27, 1988 Baroon Development Mr. Robert Smith 68-713 Perez Road Mainiero, Smith & Associates Cathedral City, CA 92234 777 E. Tahquitz Way, Suite 301 Palm Springs, CA 92262-7066 Re: TT 23982 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of December 20, 1988. Planning COmmi C4ion approved TT 23982's minor modification by miimlte m Uon NbYJ.on cam ed 3-0. Any appeal of the above action may be made in writing to the Director of Community Development, City of Palm Desert, within fifteen (15) days of the date of the decision. 94y]A. r IAZ, SEy���� PALM DESERT PLANNING 6P9ISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal I MINVPES PALM DIVERT PLANP7IW3 OCK-IISSION DEC E43ER 20, 1988 B. Case No.TT 98 f BARON P DEVEWFpn , Applicant Request for a minor modification to TT 23982. Mr. Diaz indicated that originally the setbacks were to be measured from center line, but that the applicant is setting the hones back 20 feet from the curb, which would mean the homes would encroach into the rear yard from 5-10 feet. Mr. Diaz felt that since Portola would be a major-travelled street it would be better to have the living units further away from Portola and recommended approval of the modification. Action: Moved by Commissioner Whitlock, seconded by Commissioner Ladlow, approving the modification by minute motion. Carried 3-0. C. Planning (lmu ssiol Reorganization. i Mr. Diaz indicated that it that time of year for ' re-election of officers. Commission felt that the current officers were doing a fine job and made a motion to retain them by acclamation. Action: Moved by Commissioner Whitlock, seconded by Commissioner Ladlow, to retain by acclamation Rick Erwood as Chairman and Jim Richards as Vice Chairman. IX. ORAL Qt44JNIC7LTIONS None. X. O 4 E MS Commissioner Whitlock felt that in view of concerns expressed by Commissioner Richards at the last meeting and the letter received from the Lakes, a follow-up action was needed in regard to the zoning of property on the southeast corner Cook and Country Club. Mr. Diaz indicated that the matter had been appealed to the city council and any action of that type would be premature until council ' s determination. 9 i i CITY OF PALM DESERT DEPARTMENT OF CCMML LAITY DEVELOPMENT STAFF REPORT TO: Planning CamLission DATE: December 20, 1988 CASE NO: Tr 23982 REQUEST: Minor modification to TT 23982 APPLICANT: BAROON DEVELOPMENT ROBERT S. SMITH 68-713 Perez Road Mainiero, Smith & Associates Cathedral City, CA 92234 777 E. Tahquitz way, Suite 301 Palm Springs, CA 92262-7066 I. DISCUSSION: The project developer has requested some minor changes to TT 23982 that require carmLission action. The applicant originally proposed a homeowners association for the 16 lot single family subdivision southwest of Portola and Hovley. The association would be responsible for maintenance of both the street and landscaping. However, due to lengthy procedures with the State Department of Real Estate it would be much more expedient to eliminate the association and create a public street and assessment district to maintain perimeter landscaping. This would require clarification of the 20 foot front setbacks, which are measured usually from front property line. The original intent was to measure it from curb-face, but the public street status also requires an additional 7 feet of public right-of-way on both sides of the street beyond curb-face. Also, the discovery of a 20 foot easement along the south property line led to re-drawing of the property lines in this area to accommodate potential swimming pool spaces. II. RECODNENIDATION: By minute motion approve minor modifications consisting of: 1. The measurement of front setback from curb-face. 2. Minor lot line adjustments from tentative in southern portion of project. Prepared by Reviewed and Approved by /fr t. r 'rTi I Z I I 1 B 6 1 5 1 4 1 9 I 2 I 1 Q II B C B A LFB C JI II � II 6 I I I _ I PROPOSE R/W CURB iO it 9 I I I B 20• I I I I ITYP.1 12 14 B I A I B I 15 I A I -j ' I 10 I A I I I I I A j II I I _ C I = I I I I II - - - - - - - - - - - - - - -+ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 — - - - - - - ' ' PORTOLA AVENUE ' ' I Smith ard AssociMm bw- BARCON DEVELOPMENT �.. Civil& Enuvonanental Eaginm ins TRACT NO 23982 ME r.e9.u.N.n eaw am 51 P.I.9y.i.,.C.IIf...it 92252-7099 lau132...9u SITE PLAN _9NH15 it it CITY OF PALM DESERT DEPARTMENT OF CtNMJNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: December 20, 1988 CASE NO: TT 23982 t REQUEST: Minor modification to TT 23982 APPLICANT: BARCON DEVELOPMENT ROBERT S. SMITH 68-713 Perez Road Mainiero, Smith & Associates Cathedral City, CA 92234 777 E. Tahquitz Way, Suite 301 Palm Springs, CA.92262-7066 I. DISCUSSION: The project developer has requested some minor changes to TT 23982 that require commission action. The applicant originally proposed a homeowners association for the 16 lot single family subdivision southwest of Portola and Hovley. The association would be responsible for maintenance of both the street and landscaping. However, due to lengthy procedures with the State Department of Real Estate it would be much more expedient to eliminate the association and create a public street and assessment district to maintain perimeter landscaping. This would require clarification of the 20 foot front setbacks, which are measured usually from front property line. The original intent was to measure it from curb-face, but the public street status also requires an additional 7 feet of public right-of-way on both sides of the street beyond curb-face. Also, the discovery of a 20 foot easement along the south property line led to re-drawing of the property lines in this area to accommodate potential swimming pool spaces. II. REW44END CTION: By minute motion approve minor modifications consisting of: 1. The measurement of front setback from curb-face. 2. Minor lot line adjustments from tentative in southern portion of project. Prepared by /ice Reviewed and Approved by /fr T I I Z I I 1 B 6 1 5 I + I 9 I 2 I 1 J I I B C B A B C I II II I I I II A I I I _ I— V II — — I I PROPOSE R/ CURB II e I ` I I B 20• t / I I Si I ITYP.1 B I A I B I C I T t ..1> II I = I I I II - - - I- - - - - - - - - - - - -4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 - - - - - � t - � - - ' ' PORTOLA AVENUE M�,Snrna,aamoa� � BARCON DEVELOPMENT a� B..k.f Pal.seat...Go" TRACT N0. 23982 »< ea.ev.w..cat ....... ...�u....7000 10w1 000-.eu SITE PLAN. SMH75 (KMT 0 palm o 0 0 im 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 October 28, 1988 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: TT 23982 APPLICANT (AND ADDRESS): BARCON DEVELOPMENT, 68-713 Perez Road, Cathedral City. CA 92234. NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary Approval of a 16 lot single family subdivision. LOCATION: Southwest of Portola Avenue and Hovley Lane. ZONE: PR-5 ----------------------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission approved this case by minute motion. Date of Action: October 25. 1988 Vote: Carried 4-0 (An appeal of the above action may be made 1n writing to the City Clerk of the City of Palm Desert within fifteen ( 15) days of the date of the decision.) ------------------------------------------------------------------------------ STAFF COMMENTS: Please read the attached minutes. Upon receiving final approval 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 prior to the next meeting. SUBJECT TO PALM DESERT ARCIMECrURAL " E EM REVIS OW TUESDAY - OCTOBER 25, 19BB 12:00 P.M. Con4jNITY SERVICES OONFERENM ROOM 73-510 FRED wmim DR1vE I. The meeting was called to order at 12:00 PM- Conini.ssion Members Current Meeting Year to Date Present Absent Present Absent Ron Gregory, Chairman X 18 2 Many Drury X 19 1 Russell YcCiea X . 14 6 Rick Holden Xr 17 3 , Steve Sullivan X 19 1 Others Present: Steve Smith " Ken Weller Ray Diaz Frankie Riddle It was moved by Commissioner Sullivan, seconded by Commissioner Drury to approve the minutes of October 11, 1988, as submitted. Carried 4-0. II. Nhved by Commissioner Holden, seconded by Commis' sioner Drury to approve the following cases by minute nation. Carried 4-0. 1. CASE NO: 1500 SA APPLICANT (AND ADDRESS): R.B. FURNITURE, INC., 72-115 Highway Ill, Palm Desert, CA 92260. NATURE OF PROJECT/APPROVAL SOUGHT: New business identification sign. LOCATION: 72-115 Highway 111. ZONE: C-1 2. CASE NO: TT 23982 APPLICANT (AND ADDRESS): BAROON DEVELOFvM\FP, ' 68-713 Perez Road, Cathedral City, CA 92234. NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary Approval of perimeter landscaping for a 16 lot single family subdivision. . LOXATION: Southwest of Portola Avenue and Hovley Lane., ZO NG• PR-5 oil ro SONATA I EXTERIOR COLORS SCHEME #1 BODY : Oyster t✓ TRIM: Woodbark t SCHEME #2 BODY : Peach Glow TRIM: Fandango SCHEME #3 BODY : Sandstone TRIM : Milkweed --��- SCHEME #4 BODY : Heritage Beige TRIM : Sealpoint I � 1 I� II 1 2 11 ii � I I Ja PORTOLA AVENUE Mewwosn*h mid AmodohM4r. BARCON ' DEVELOPMENT ..,d Me""'BOO" TRACT • NO. 3982 f �r 4.w ww.w!rM��w M�Iwtn " ! HAC: I NU 4 IJnr.. —vA. -m-dr.�flYi - —SEWER— —SEWER I Y I' p� colII IA y I; Io I� ICI i n I I D I � � r m , I II I o o ll. ry I ��I I � �I i ,• � .A I W ) NJ rnil ! - O m N I II I I I j r. —GTE ._.GTE �T—GTE^-^ AS-- -GAS— HO EY � LANE 'I I TRACT NO . 14079 EO'd' 8E02.ThE nl WM� ZT:8T JgET-Z2-hlyt Z #!TV0LTbL6T9 - " f WOZS:OT 6E-8 -£' OTO6 XON3X:A2 nOb -_.- A I T I I W I I 1l 7 6 1 5 1 4 1 3 I 2 I 1 Q I I \ B B C B A B C JI I I I \ - - I I � II 9 I i I I I A I I _ PROPOSE R/W I CURB II 9 I I I B 0' I f ' I I (rYP.I B I A I B I � IIs I J A I I I > II C O II I � I II - - - I- - - - - - - - - - - - 4 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 4 - - - - - 4t - 4 - - - - - - ' ' PORTOLA AVENUE �7 Mah*m���, ta, �; BARCON DEVELOPMENT , I, o TRACT NO 23982 67 : V` f. lnn°;P2 SFa,m,9,,p„,,L,,i,,ic,,f,,6-7006 1619)020-9011 SITE PLAN ��_XFE15 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 PLANNING aaa ssION MEETING NOTICE OF ACTION Date: October 4, 1988 Barcon Development Robert Smith 68-713 Perez Road Mainiero, Smith & Assoc. Cathedral City, CA 92234 777 E. Tahquitz Way, Suite 301 Palm Springs, CA 92262-7066 Re: TT 23 882 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of October 4, 1988. APPROVED BY ADOPTION OF PLANNING 00wLssION RESOLUTION NO. 1-314 MOTION CARRIED 5-0. Any appeal of the above action may be made in writing to the Director of Community Development, City of Balm Desert, within fifteen (15) days of the ' date of the decision. C-A. RAM DIAZ, SECRET IZ PALM DESERT PLANNING �fISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING -OMMISSION RESOLUTION NO. 1314 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT. CALIFORNIA. APPROVING A 16 LOT SINGLE FAMILY SUBDIVISION LOCATED SOUTHWEST OF PORTOLA AVENUE AND HOVLEY LANE. CASE NO: TT 23- %2 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of October, 1988, hold a duly noticed public hearing to consider the request by BARCON DEVELOPMENT for the above mentioned project. WHEREAS. said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act. Resolution No. 80-89". in that the director of environmental services has determined that the project will not have a significant environmental impact 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 desirina to be heard, said planninq commission did find the following facts and reasons to exist to Justify approval of the tentative tract map: _ (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. ' (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial 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. NOW. THEREFORE, BE IF RESOLVED by the Planning Commission of the City of Palm Desert, as follows: I . 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 Tract Map No. 23982. subject to fulfillment of the attached conditions. I PLANNING COMMISSION RES ,TION N0. 1314 PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission. held on this 4th day of October, 1988 by the following vote, to wit: AYES: DOWNS. LADLOW, RICHARDS, WHITLOCK, ERWOOD NOES: NONE ABSENT: NONE ABSTAIN: NONE RICHARD ERWOOD. Chairman ATTEST: s RAMON A. DIAZ. Se eto /fr 2 i PLANNING COMMISSION RESOL ION NO. 1314 CONDITIONS OF APPROVAL CASE NO. TT 23982 Department of Community Development: I . The final map shall conform substantially with the tentative tract map as modified by the following conditions. 2. Applicant shall obtain clearance from the following agencies prior to construction: Public Works Department Palm Desert Architectural Commission City Fire Marshal Coachella Valley Water District Building and Safety Department Evidence of said permit or clearance frpmm the above agencies shall be Presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 3. The applicant shall pav all applicable fees in accordance with city - policy including lizard fees. 4. Front setbacks - 20' to main garage door, straight driveway; or 15' otherwise. rear setbacks - 15' . side setbacks - 5' . building height 15' maximum. 5. Twenty feet of landscaped area along Portola and Hovldy for an 8' wide meandering sidewalk. 6. Minimum cul-de-sac shall be 36 feet in width. 7. Perimeter decorative walls required at minimum 6' and maximum 8' . if used in coniunction with retaining walls and 20' setback from curbline. Department of Public Works: 1 . Drainage fees . in 'accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance No. 507. shall be paid prior to recordation of final map. 2. Storm drain construction shall be contingent upon a drainage study Prepared by a civil eng I neer that is reviewed and approved by the department of public works. 3. Signalization fees. in accordance with City of Palm Desert Resolution No's. 79-17 and 79-55. shall be paid prior to recordation of final map. 3 PLANNING COMMISSION RESOL ION NO. 1314 4. Full Public improvements. as required by Sections 26.44 and 26.40 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and . specifications shall be submitted to the director of public works for checking and approval before construction of any improvements is . commenced. Off-site improvement Plans to be approved by public works department and a surety posted to auarantee the installation of required off-site improvements prior to recordation of the final map. Such off-site improvements shall include. but not be limited to, curb and gutter. asphalt Paving and concrete sidewalk in an appropriate size and confiauration. "As-built" plans shall be submitted to, and approved by, the director of public works prior to the acceptance of the improvements by the city. 6. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as-built" plans submitted to the department of public works Prior to the proJfect final . 7. All private 'streets shall be inspected by the engineering department and a standard inspection fee shall be paid prior to recordation of the final map. 8. Landscapina maintenance on Hovley Lane/Portola Avenue shall be provided by the homeowner's association. 9. As required under Section 12. 16 and 26.44 of the Palm Desert Municipal Code. all existing utilities shall be undergrounded per each respective. utility district' s recommendation. If determined to be unfeasible, . applicant shall agree to participate in any future utility undergrounding district. 10. In accordance with Palm Desert Municipal , Code Section 26.44, complete gradina plans and specifications shall be submitted to the director of Public works for checking and approval prior to issuance of any permits. 11 . As required by Section 26.32 and 26.40 of the Palm Desert Municipal Code, and in accordance with the Circulation Network of the City's General Plan, , dedication of half-street right-of-way at 50 feet on Portola Avenue and 44 feet on Hovley Lane shall be' provided prior to recordation of the final , map. 12. Traffic safety striping on Hovley Lane/Portola Avenue shall be provided . to the specifications of the director of public works. A traffic control Plan must be submitted to and approved by the director of public works before Placing pavement markings. L . 4 PLANNING COMMISSION RESOL_ , ION NO. 1314 13. Full improvement of interior streets based on private street standards as established in accordance with Chapter 26, Section 26.40.040, C.P.D. Code. 14. Complete tract map shall be submitted. as required by ordinance, to the director of public works for checking and approval and be recorded before issuance of any permits. 15. Any and all off-site improvements shall be preceded by the approval of Plans and the Issuance of valid encroachment permit(s) by the department of public works. 16. A completed preliminary soils investigation, conducted by a registered soils engineer. shall be submitted to and approved by the department of Public works prior to issuance of the grading permit. 8. Pad elevations, as shown on the tentative map are subject to review and modification in accordance with Section 25 of the Palm Desert Municipal Code. 9. All private streets shall be designed and constructed in accordance with City of Palm Desert design standards. Prior to issuance of any permits, applicant shall pay a standard inspection fee. 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to Issuance of any permits. City Fire Marshal : I . The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Section 10.301C. w 2. Provide, or show there exists a water system capable of providing a Potential fire flow of 1500 gom and the actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for 2 hours duration at 20 psi residual operating pressure. 3. A fire flow of 1500 gpm for a 2 hour duration at 20 psi residual operating Pressure must be available before anv combustible material is placed on the Job site. 4. The required fire flow 'shall be available from a Super hydrant(s) (6" x 4" x 2 1/2" -x -2 1/2") , located not less than 25' nor more than 200' from any portion of the building(s ) as measured along approved vehicular travelways. Hydrants Installed below 3000' elevation shall be of the "wet barrel " type .. i 5 i .PLANNING COMMISSION RE_ _UTION NO. 1314 S. Prior to the application for a building permit, the developer shall furnish the orlalnal and two copies of the water system plan to the County Fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval , the original wi I I be returned. One copy wi 11 be sent to the responsible inspecting authority. ' I Plans shall conform to fire hydrant types, location and spacing, and the 4 system shall meet the fire flow requirements. Plans shall be signed by a Registered Civil Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the i Riverside County Fire Department. 6. Whenever access into private property is controlled through use of gates, barriers , guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a radio-controlled over-ride system papable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power, facilities •to operate in the event of Power failure. All controlled access devices . that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 12". with a minimum vertical clearance of 13"6' . _ i i /fr i 6 MINUTES 1 PALM DESERT PLANNING CORMaSSION OCIOBER 4, 1988 MR. JIM FETRIDGE, agent; informed caTndssion that he was present to answer questions. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. There being no one, the public testimony was closed. Commissioner Dawns stated that he felt the fire marshal and city staff covered all pertinent regulations fully in the imposed conditions. Action: Moved by Commissioner Whitlock, seconded by Commissioner Dawns, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Whitlock, seconded by Commissioner Dams, adopting Planning Commission Resolution No. 1313, approving PP 85-34 (Refile) subject to conditions. Carried 5-0. D. Case No. 23TT 9 2828 - BAROON DEVELOPMESIP, Applicant Request for approval of a 16 lot single family subdivision located southwest of Portola Avenue and Hovley Lane. Mr. Joy outlined the salient points of the staff report and indicated that he reviewed a grading plan and did not perceive any adverse impacts on the surrounding neighbors due to grading. Chairman Erwood opened the public testimony and asked if the applicant wished to address the commission. MR. DENNIS FREEMAN, 68-713 Perez Road, stated that he was present to answer any questions. Chairman Erwood asked if anyone present wished to speak in FAVOR or OPPOSITION to the proposed. MR. ARTIE SWEITZ, a member of the Casa Blanca Homeowners Association, requested clarification regarding height and the possibility of a crosswalk being installed at Hovley and Portola. Mr. Joy stated that the project would be 15' single story units and Mr. Folkers indicated that no crosswalk was planned at this time. 6 MINIlPFS PALM DESERT PLANNING 03MMISSIGN OC OBER 4, 1988 MR. DANIEL BARNES, 41-613 Aventine Court inside Casa Blanca, stated that he was not opposed to the hones, but was extremely concerned with traffic. He outlined the difficulties for pedestrians and vehicles in that area and named approved projects that will be constructed in the area and adding to the traffic problem. He also felt that some leveling should be done on the corner of Casa Blanca to eliminate sight obstruction of on-coming traffic from Country Club Drive. MR. JOHN WALLACE, a Casa Blanca resident, asked about the undergsounding of utility poles. Mr. Joy indicated that it appeared that they carry too much voltage to allow undergrounding. Mr. Wallace noted that from the end of their development utilities were undergrounded and asked how this was determined. Mr. Diaz informed him that across the street there were no lines to underground. Mr. Wallace asked if the development was similar to the Monterey Meadows project and asked about sidewalks. Mr. Joy answered that the project would be similar to Winterhaven, a sidewalk would surround the perimeter of the project and a back wall onto Portola would be a decorative masonry block wall. Chairman Erwuod closed the public testimony. Commissioner Richards thanked everyone for speaking and suggested that Mr. Barnes contact the public works department regarding the grading and traffic; Mr. Folkers also informed V1r. Barnes of the technical traffic committee that meets every month. Action: Moved by Commissioner Downs, seconded by Commissioner Ladlow, adopting the findings as presented by staff. Carried 5-0. Moved by Commissioner Downs, seconded by Commissioner Ladlow, adopting Planning Commission Resolution No. 1314, approving TP 23982 subject to conditions. Carried 5-0. VIII. MISCELLANEOUS None. 7 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: October 4, 1988 CASE NO: TT 23982 REQUEST: Approval of a 16 lot single family subdivision located southwest of Portola Avenue and Hovley Lane. APPLICANT: BARCON DEVELOPMENT ROBERT S. SMITH 68-713 Perez Road Mainiero, Smith & Associates Cathedral City, CA 92234 777 E. Tahquitz Way, Suite 301 Palm Springs, CA 92262-7066 I. BACKGROUND: A. PROPERTY DESCRIPTION The property is zoned PR 5 and shoran on the general plan as low density residential, 3-5 du/ac. The 4.75 gross acreage site is vacant and consists of rolling sand dunes with some creosote and generally higher in topography than the surrounding land to the south, east and west. B. ADJACENT ZONING AND LAND USE North: PR-5/Single Story condaninums - Casablance South: PR-5/" - Park Palms West: PR-5/" - Winterhaven East: O.S./Retention basin - future city park II. PROTECT DESCRIPTION: The project developer intends not only to subdivide the property but also to construct homes. He is in the process of completing 73 homes at Waring Place (Cook Street and Fred Waring Drive), which was subdivided by the adjacent apartment developer, Robertson Homes. He intends on developing similar hones as Waring Place on slightly larger lots for this project. The lots created by the subdivision will be roughly 77' x 118' (9,086 sq. ft. ). This compares with the previous lot sizes he worked with, 80' x 94' (7520 sq. ft. ) at Waring Places and those at Monterey Meadows located at the opposite end of Hovley Lane, 60' x 135' (8,100 sq. ft. ). The code requirements if this was R-1 zoning would be 70' minimum width, no minimum depth, but 8,000 sq. ft. Plans for the homes to be constructed are not completed, but will be reviewed by the city's architectural commission. PLANNING OCKTISSIM STAFF REPORT CASE NO. TT 23982 OCPOBER 4, 1988 Development standards can be imposed at this stage, however, with the following proposed and listed as conditions of approval: front setbacks; 20' to main garage, 15' otherwise rear setbacks; 15' min. du. side setbacks; 5' building height; 15' Full street improvements will be completed within the project as well as the perimeter. The applicant has agreed to provide a 20' area to accommodate an 8' meandering sidewalk on Portola and Hovley. The interior, private cul-de-sac may be reduced to a 36' width. These figures account for adjustments to lot dimensions than what is shown on the tentative map. Retaining walls may be required along Portola and if so will be limited to 8' in height in combination with the perimeter wall. Since the project is within PR zoning the only pertinent criteria is the density which the zoning allows 5 du/ac while the project calls for 3.4 du/ac. III. FINDINGS: Required findings and justifications for approval of a parcel map are as follows: 1. That the proposed map is consistent with applicable general and specific plans. Justification: The general plan indicates the subject site as low density residential which is what the land is proposed to be used for. 2. That the design or improvement of the proposed map is consistent with applicable general and specific plans. Justification: The improvements provided in and around the parcel map are consistent with the applicable general and specific plans. 3. That the site is physically suitable for the type of development. Justificiation: The site is of sufficient size, shape and topography for residential development. 2 PLANNING COMMISSION STAFF REPORT CASE NO. Tr23982 OCTOBER 4, 1988 4. That the design of the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Justification: The design of the parcel map is not likely to cause substantial environmental damage because it will be developed in concert with applicable local, state and federal regulations. 5. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. Justification: The design of the subdivision is not likely to cause public health problems because it will be developed in concert with applicable local, state and federal regulations. 6. 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. Justification: The project will provide its own drainage easement while not conflicting with other utility easements. IV. ENVIRCNM NTAL REVIEW: The project will not have a significant environmental impact and a negative declaration has been prepared. V. RECOM4ENIDATICN: 1. Adoption of findings. 2. Adoption of Planning Commission Resolution No. Attachments: - Resolution - Letters from other agencies - Legal Notice - Plans Prepared by Reviewed and Approved by A . /£r 3 PLANNING O MMLSSICN RESOLUTION ND_ A RESOLUTION OF THE PLANNING CCI 1MSSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A 16 LOT SINGLE FAMILY SUBDIVISION LOCATED SOUTHWEST OF PORTOLA AVENUE AND HOVLEY LANE. CASE NO: TT 23892 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of October, 1988, hold a duly noticed public hearing to consider the request by BARCON DEVELOPMENT for the above mentioned project. WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the director of environmental services has determined that the project will not have a significant environmental impact 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 to exist to justify approval of the tentative tract map: (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial 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. NOW, THEREFORE, BE IF 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 Tract Map No. 23982, subject to fulfillment of the attached conditions. 1 PLANNING CCIMIISSION RESOLiTPION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Camnission, held on this 4th day of October, 1988 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: RICHARD ERWOOD, Chairman ATTEST: RAMON A. DIAZ, Secretary /£r 2 PLANNIW3 COMMISSION RFSOIIMON NO. CONDITIONS OF APPfKAVAL CASE NO. TT 23982 Department of Community Development: 1. The final map shall conform substantially with the tentative tract map as modified by the following conditions. 2. Applicant shall obtain clearance frxm the following agencies prior to construction: Public Works Department Palm Desert Architectural Comcmission City Fire Marshal Coachella Valley Water District Building and Safety Department Evidence of said permit or clearance from the above agencies shall be presented to the deparbuent of building and safety at the time of issuance of a building permit for the use contemplated herewith. 3. The applicant shall pay all applicable fees in accordance with city policy including lizard fees. 4. Front setbacks - 20' to main garage door, straight driveway; or 15' otherwise, rear setbacks - 15' , side setbacks - 5', building height 15' maximum. 5. Twenty feet of landscaped area along Portola and Hovley for an 8' wide meandering sidewalk. 6. Minimum cul-de-sac shall be 36 feet in width. 7. Perimeter decorative walls mired at minimum 6' and maximum 8' , if used in conjunction with retaining walls and 20' setback from curbline. Department of Public Works- 1. Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance No. 507, shall be paid prior to recordation of final map. 2. Storm drain construction shall be contingent upon a drainage study prepared by a civil engineer that is reviewed and approved by the department of public works. 3. Signalization fees, in accordance with City of Palm Desert Resolution No's. 79-17 and 79-55, shall be paid prior to recordation of final map. 3 PLANNING armaSSION RESOLiTPION NO. 4. Full public improvements, as required by Sections 26.44 and 26.40 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. 5. As required under Palm Desert Municipal Code Section 26.28, and in accordance with Sections 26.40 and 26.44, complete improvement plans and specifications shall be submitted to the director of public works for checking and approval before construction of any improvements is commenced. Off-site improvement plans to be approved by public works department and a surety posted to guarantee the installation of required off-site improvements prior to recordation of the final map. Such off-site improvements shall include, but not be limited to, curb and gutter, asphalt paving and concrete sidewalk in an appropriate size and configuration. "As-built" plans shall be submitted to, and approved by, the director of public works prior to the acceptance of the improvements by the city. 6. Improvement plans for water and sewer systems shall be approved by the respective service districts with "as-built" plans submitted to the department of public works prior to the project final. 7. All private streets shall be inspected by the engineering department and a standard inspection fee shall be paid prior to recordation of the final map. 8. Landscaping maintenance on Howley Lane/Portola Avenue shall be provided by the homeowner's association. 9. As required under Section 12.16 and 26.44 of the Palm Desert Municipal Code, all existing utilities shall be undergrounded per each respective utility district's recommendation. If determined to be unfeasible, applicant shall agree to participate in any future utility undergrounding district. 10. In accordance with Palm Desert Municipal Coale Section 26.44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. 11. As required by Section 26.32 and 26.40 of the Palm Desert Municipal Code, and in accordance with the Circulation Network of the City's General Plan, dedication of half-street right-of-way at 50 feet on Portola Avenue and 44 feet on Howley Lane shall be,provided prior to recordation of the final map. 12. Traffic safety striping on Howley Lane/Portola Avenue shall be provided to the specifications of the director of public works. A traffic control Plan must be submitted to and approved by the director of public works before placing pavement markings. 4 PLANNING COM IISSICN RESOLUTION NO. 13. Full improvement of interior streets based on private street standards as established in accordance with Chapter 26, Section 26.40.040, C.P.D. Code. 14. Complete tract map shall be submitted, as required by ordinance, to the director of public works for checking and approval and be recorded before issuance of any permits. 15. Any and all off-site improvements shall be preceded by the approval of plans and the issuance of valid encroachment permit(s) by the department of public works. 16. A ocmpleted preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to and approved by the department of public works prior to issuance of the grading permit. 8. Pad elevations, as shown on the tentative map are subject to review and modification in accordance with Section 25 of the Palm Desert Municipal Code. 9. All private streets shall be designed and constructed in accordance with City of Palm Desert design standards. Prior to issuance of any permits, applicant shall pay a standard inspection fee. 10. In accordance with Palm Desert Municipal Code Section 26.44, complete grading plans and specifications shall be submitted to the director of public works for checking and approval prior to issuance of any permits. City Fire Marshal 1. The Fire Department is required to set a minimum fire flow for the remodel or construction of all commercial buildings per Uniform Fire Code Section 10.301C. 2. Provide, or show there exists a water system capable of providing a potential fire flow of 1500 gpm and the actual fire flow available from any one hydrant connected to any given water main shall be 1500 gpm for 2 hours duration at 20 psi residual operating pressure. 3. A fire flow of 1500 gpm for a 2 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 4. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2 1/2" x 2 1/2"), located not less than 25' nor more than 200' from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 3000' elevation shall be of the "wet barrel" type . 5 PLANNING CCHMISSICN RESOLUTION ND. 5. Prior to the application for a building permit, the developer shall furnish the original and two copies of the water system plan to the County Fire Department for review. No building permit shall be issued until the water system plan has been approved by the County Fire Chief. Upon approval, the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be signed by a Registered Civil Engineer and may be signed by the local water company with the following certification: "I certify that the design of the water system is in accordance with the requirements prescribed by the Riverside County Fire Department. 6. Whenever access into private property is controlled through use of gates, barriers, guard houses or similar means, provision shall be made to facilitate access by emergency vehicles in a manner approved by the Fire Department. All controlled access devices that are power operated shall have a radio-controlled over-ride system capable of opening the gate when activated by a special transmitter located in emergency vehicles. Devices shall be equipped with backup power facilities to operate in the event of power failure. All controlled access devices that are not power operated shall also be approved by the Fire Department. Minimum opening width shall be 12", with a minimum vertical clearance of 13"61 . /fr 6 YI ATEq ESTABLISHED IN 1918 AS A PUBLIC AGENCY �TST RIGS COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1o58•COACHELLA, CALIFORNIA 92236•TELEPHONE(619)39&2651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS,PRESIDENT THOMAS E.LEVY,GENERAL MANAGER-CHIEF ENGINEER TELLIS CODEKAS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY JOHN P.POWELL KEITH H.AINSWORTH,ASSISTANT GENERAL MANAGER DOROTHY M.NICHOLS September 14, 1988 REDWINE AND SHERRILL,ATTORNEYS THEODORE J.FISH � File: 0163.1 Ga L Department of Environmental Services City of Palm Desert E P Z 1 1988 73-510 Fred Waring Drive Palm Desert, California 92260 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF PALM DESERT Gentlemen: Subject: Tentative Tract 23982, Portion of Northeast Quarter, Section 8, Township 5 South, Range 6 East, San Bernardino Meridian This area lies on the sandy area in the northern portion of Palm Desert and is considered safe from stormwater flows except in rare instances. This area is designated Zone C on Federal Flood Insurance rate maps which are in effect at this time. The district will furnish domestic water and sanitation service to this area in accordance with the current regulations of this district. These regulations provide for the payment of certain fees and charges by the subdivider and said fees and charges are subject to change. This area shall be annexed to Improvement District Nos. 16 and 70 of Coachella Valley Water District for domestic water service. This area shall be annexed to Improvement crict Nos. 53 and 80 of Coachella Valley Water District for sanitation service Plans for grading, landscaping, and irrigation systems shall be submitted to Coachella Valley Water District for review. This review is for ensuring efficient water management. If y6u have any questions please call Bob Meleg, stormwater engineer. Yours very truly, Tom Levy General Manager-Chief n neer BTG:gh cc: Don Park Riverside County Department TRUE CONSERVATION of Public Health, Indio USE WATER WISELY PROOF OF P"RLICATION This space is for the County Clerk'sFlling Stamv (2015.5 C._.P.) c� o� i CO G GO n rn rn W STATE OF CALIFORNIA, o M County of Riverside v < -n T CITY OF PALM DESERT am a citizen of the United States and a resident of the County aforesaid; I am over rn f—, the age of eighteen years, and not a party to Proof of Publication of cn or Interested in the above-entitled matter. I CASE NO. TT 23982 am the principal clerk of the printer of the ........................................................... DESERT POST •• ................................................. ............................................- CITY OF PALM DESERT LEGAL NOTICE- CASE NO.TT 23982 • ^••••••-"•""""""""""""""'• NOTICE IS HEREBY GIVEN that a public hearing will be held before the -` a newspaper of general circulailon, printed Palm Desert Planning Commission to consider a request by BARCON .. DEVELOPMENT for approval of a 16lot slrgle tamiy subdivision located' B i-week 1 y southwest of Pormla Avenue and Hovey Lane. APN 622-2W003 and published .................................. SAID public hearingw111 be held on Tuesday,October 4,1988at7:00 P.M. { In the Council Chamber at the Palm Desert Civic Center.73-510 Fred Palm Desert............. nedce Drive,Palm invitedmen attend and be whichifornia.at eard.if youcallenge tie pm- J lace an inter- In the City of ................. County of Riverside, and which news- posed actions in court,you may be limited to raising ony these issues you or someone else raised at the public hearing described In this notice,orin •� paper has been adjudged a newspaper written correspondence delivered to the planning commission(or city of b circulation general the Superior counci) aL or prior to. the public hearing. g Y P RAMON A. DIAZ. Secretaryl Court of the County of Riverside, State of Palm Desert Planning Commission (Pub. D.P. Sept. 23, 1988). . California, under the date of•,10/5 1964 Case Number 836 ; that the notice, of which the annexed is a printed copy (set In type not smaller than nonpareil), has been published In each regular and entire Issue of said newspaper and not In any supplement thereof on the following dates, to-wit: 9/23 .................................................... all In the year 19.88.. I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Palm Dated at.............De.........sert................... Callfornla,thls 23rd...day of•Sept . 19M./ Sig, ature�� Frei copies of this blank form may be secured from, CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. Legal Advertising Clearing House i2o west Second St., Los Angeles, Calif. 90012 Telephone: (213) 625.2541 ►fates rtouest 0f M!a AL Proof orPubllutloh when c,dlrin4 this form. 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NO(S) : -77—Z398Z PROJECT: APPLICANT: Enclosed please find materials describing a Project for which the following is being requested: �G. (o% S/NGLE 1�sr�12Gj! S�73Div/Ji��y Go�Ay- So617?711,IFfr 41— OXIOL4 44,19 /i�oliLFj'. /✓ The attached data was prepared by the applicant and is .being forwarded to you for comments and recommended conditions of approval . llie' city is interested In the probable impacts on the environment ( Including land, air, water, minerals, flora, fauna, noise, ob,jr_cGs of historical or aesthetic significance) and 'recommended conditions of approyal based on your expertise and area of ..concern. Your comments and recommended con Itlons of approval must be received by this office prior to 4:30 p.m. _ �-� -SB in order to be discussed by the land division committee. The land dlvlslon Committee (comprised of director of community development; city bull<ding: offi,c:.fal , city engineer; fire marshal , and a representative tif.. CVWD) ,Wl .11:..dl cuss the comments and recommended conditions of approval and wlII forward them to the planning commission through the staff report. Any information received by this office after the receipt deadline will not be discussed by the land division committee. Sincerely, /,�Ie4/e 'e74-� K f- RAMON A. DiAZ DIRECTOR OF COMMUNiTY. DEVELOPMENT/PLANNING /tm Attachments PLEASE RETURN HAP HIiII COMi1CHTS IM TN[CITr Or PALM OESERI, COLNll OF RIV£TSIDE TENTATIVE TRACT MAP NO. 23982 Er °„ LIE VEL G�°F PORTOLA AVENUE _ Q _ E+,G 'EEF A to la la IT 11 1 r.., r,nv.anw..ua ,I[ITI•` iQ OT L ES LS J r. 00 _____-____ . .r I•. ¢ PRIVAT[ — s� TREE�_'�^ PARK �iii°:'o:_________- k LOT \ ( �� PORTDiA `� TRACT NO 14079 GGNEPAt NOTES 2 _______ ,»L SYREET '—+�- ,c.o� ° .�<, °„•„r,--:`<.o°n<°i:I-Cl.�rA .. .» TRACT NO 17794-1 xmE r .a r @ F WINTER HAVEN lul I � SCd LE 1"- a0 !�9 rn.v—et 5. n_mE Diu�Jr n�v TIO �v�i'm .o m e SECTION A-A TYPICAL PRIVATE STREET E<SfMENi NOTES J�'� P PALM ILM 5,T[ SECTION B- B ------_AUAI.E PORTOLA AVE. Manda4 Ed dd and A�odaEi hIc VICINITY MAP n Anr Form No. 1068-1 (6/87) Exhibit A to Preliminary Report i S .r A M E R I C o� Preliminary Report First American Title Insurance Company EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (By Policy Type) 1, CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY-1973 SCHEDULE B his policy does not insure against loss or damage,nor against costs,attorneys'fees or expenses,any or all of which arise by reason of the following: art 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedingsbya public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records rds but which could be ascertained by an inspectionof lheland or by making inquiryo per- 2. Anyfacts,rights,interests or claims which are notshown bythe publicreco sons in possession hereof. 3. Easements,liens or encumbrances.or claims thereof,which are not shown by the public records. would disclose,and which are notshown bythe 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any otherfacts which acorrectsurvey public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights.claims or title to water, whether or not the matters excepted under(a),(b),or(c)are shown by the public records i r 6. Any right,title,interest estate or easement in land beyond the lines of the area specifically described or referred to in Schedule A or in abutting streets,roads, of an abutting owner for accesstoa avenues,alleys,lanes,ways or waterways,but nothing in this paragraph shall modify or limit the extent to which the ordinary 9 physically open street or highway is insured by this policy. or prohibiting the 7 or enjoyment of the land orregulatinggtheclon haracter.dimensions org but not lted to locattiion ofanying a provemennd zoning tnoworhereafterlerected on the and.publi prohibiting at ateof separation or,the effectrofanY change olation dimensions any such law,ea of the land or any ordinance or governmenital of`r glult tion,whether or not shown the land is orwas apart. tby the public echer or not show o�ds at Date of Policy t Date of Policy, but created caused,suffered, 8. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records. 9. Defects,liens,encumbrances,adverse claims,or other matters (a) whether or not shown by the public records at dale of policy. assumed or agreed to by the insured claimant; (b) not shown by the public records and not otherwise excluded from coverage but known to the insured claimant ng c resulting in tg loss or damage to the insured either at Date of Policy or at the date such claimant acquired an estate or interest insured becam by this policy or acquired the insured mortgage and not disclosed in insured by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; ( 1 claimant; (d) attaching orcreated subsequent to Date of Policy-,or (a) resulting in loss or damage which would not have been sustained if the insured claimant had been a purchaser or encumbrancer for value without knowledge. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B- 1970(AMENDED 10-17-70) SCHEDULE OF EXCLUSIONS FROM COVERAGE cy,use 1. Any law,ordinance orgovernmental regulation(including but not limited to building and zoning ordinances)restricting or regulahelang or pror prohibiting the asepantionin or enjoyment ownership or af the land,or regulating the character,dimensions reduction in the dimensions of area of he land,orrthe effect of any vion of any iolation oflany such flaw now or !ordinance or grected on o elm entalrregulltallon.separlicy. in 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. ted,suffered,assumed or agreed to by insured claimant ) not known to the Company Inte est by 3 and not liens,encumbrances,adverse claims,orother by the public records but known to thensuredrelaimant either at Date of Policy oratthedalesuch sea mantas-d erender, ( ) resulting es ltingi hspon no sy or and not disclosed in writing by the insured dcl gorereatedompan to the ent to Date date such insured clai anting in became an insure whch wood not lhave been sustained if damage to the insured claimant; (d) the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B-1970(AMENDED 10-17-70) WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear In the policy. SCHEDULEB This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: records of any taxing authority that levies taxes of assessments on reel property or by the 1. Taxes or assessments which are not shown as existing liens by the public records on of said land or by making inquiry of Per- 2. Anyfacts,rights.interests,or clainnswhich are not shown by the public records but which could be ascertained by an inspe— sons in possession thereof. 3. Easements claims of easement or encumbrances which are not shown by the public records. &scald disclose,and which are not shown by 4. Discrepancies.conflicts in boundary lines,shortage In area.encroachments.or any other facts which acorrect survey' public records claims or title to water. 5. Unpatented mining claims:reservations or exceptions in patents or in Acts authorizing the issuance thereon,water r y 6. Any Tien,or rigor[o a lien,for services.labor or material heretofore or hereafter furni shed,imposed by law and not s`r=+� by the public records. 18D2001 FIRST AMERICAN TITLE INSURANCE COMPANY 3625 FOURTEENTH STREET, (P . O . BOX 986) RIVERSIDE, CALIFORNIA 92502 (AREA 714) 684-160❑ VERDUGO ESCROW 901 EAST TAHQUITZ PALM SPRINGS, CALIFORNIA ATTENTION: MADA YOUR NO . 16859 DATED AS OF JULY 25, 1988 AT 7:30 A . M . --------------------------------------- CRAIG C . MITCHELL - TITLE OFFICER THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS : ALTA RESIDENTIAL OWNER POLICY OR ALTA STANDARD COVERAGE POLICY IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE , THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED , AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDE❑ FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF SAID POLICY FORMS . THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF SAID POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED . COPIES OF THE POLICY FORMS SHOULD BE READ , THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS REPORT . THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE_ OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY . IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED . G PAGE 1 i 1807001 TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN. J . 8 L. , A CALIFORNIA LIMITED PARTNERSHIP THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: IN FEE THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA) COUNTY OF RIVERSIDE, CITY OF PALM DESERT AND IS DESCRIBED AS FOLLOWS: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF ; . EXCEPTING THEREFROM THE NORTH 33 . 00 FEET THEREOF AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCUMENT RECORDED JANUARY 311 1975 AS INSTRUMENT NO. 12830 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA ; ALSO EXCEPTING THEREFROM ALL OIL, GAS AND OTHER MINERAL DEPOSITS, TOGETHER WITH THE RIGHT TO PROSPECT FOR , MINE, AND REMOVE THE SAME, ACCORDING TO THE PROVISIONS OF THE ACT OF CONGRESS APPROVED JUNE 1 , 1938 (52 STAT . 609) , AS RESERVED IN THE PATENT RECORDED AUGUST 251 1958 IN BOOK 2323 PAGE 118 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS CONTAINED IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1 . . GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEAR 1988-89, A LIEN NOT YET PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO CHAPTER 3 .5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE . 3. AN EASEMENT IN FAVOR OF THE PUBLIC OVER ANY PORTION OF THE HEREIN DESCRIBED PROPERTY INCLUDED WITHIN PUBLIC ROADS. 4. A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE AUTHORITY OF THE UNITED STATES, AS RESERVED IN UNITED STATES PATENT RECORDED AUGUST 251 1958 IN BOOK 2323 PAGE 118 OF OFFICIAL, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. PAGE 2 1802001 5. THE EFFECT OF A DECLARATION , OF DEDICATION DATED MAY B, 1964s EXECUTED BY WILLIAM HENRY WAGONER , PURPORTING TO IRREVOCABLY DEDICATE IN PERPETUITY FOR PUBLIC ROAD PURPOSES, PUBLIC UTILITY AND PUBLIC SERVICES, THE PROPERTY DESCRIBED THEREIN, RECORDED JULY 219 1964 AS INSTRUMENT NO. 89312 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. THE EFFECT OF A RESOLUTION BY THE RIVERSIDE COUNTY BOARD OF SUPERVISORS ACCEPTING SAID OFFER OF DEDICATION FOR THE PURPOSE OF VESTING TITLE IN THE COUNTY OF RIVERSIDE ON BEHALF OF THE PUBLIC , BUT NOT AS PART OF THE COUNTY—MAINTAINED ROAD SYSTEM, RECORDED AUGUST 25, 1986 AS INSTRUMENT NO. 203986 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. 6. AN EASEMENT FOR EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, IN INSTRUMENT RECORDED APRIL 18, 1975 AS INSTRUMENT NO. 44369 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED WITHIN THE WEST 3❑ FEET OF THE EAST 55 FEET OF SAID LAND . 7. THE EFFECT OF AN EASEMENT FOR EITHER OR BOTH POLE LINES, CONDUITS OR UNDERGROUND FACILITIES AND INCIDENTAL PURPOSES, IN FAVOR OF SOUTHERN CALIFORNIA EDISON COMPANY, IN INSTRUMENT RECORDED FEBRUARY 20, 1981 AS INSTRUMENT NO. 30558 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, LOCATED WITHIN THE WEST 6 FEET OF THE EAST 50 FEET OF SAID LAND . B. AN EASEMENT FOR THE HEREINAFTER SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, IN FAVOR OF THE COACHELLA VALLEY WATER DISTRICT, IN INSTRUMENT RECORDED MAY 14, 1984 AS INSTRUMENT NO. 100526 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA . SAID EASEMENT IS FOR PIPELINES, AND IS LOCATED WITHIN THE SOUTHERLY 15 FEET OF SAID LAND . 9. AN EASEMENT .FOR THE HEREINAFTER SPECIFIC PURPOSE AND INCIDENTAL PURPOSES, IN FAVOR OF DESERT SPRINGS RACQUET CLUB HOMEOWNERS ASSOCIATION, IN INSTRUMENT RECORDED MAY 14 , 1984 AS INSTRUMENT NO. 100527 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. SAID EASEMENT IS FOR (NOT SET OUT) , AND IS LOCATED WITHIN THE (NOT SET OUT) FEET OF SAID LAND . PAGE 3 I 1802001 10. A DEED OF TRUST TO SECURE AN INDEBTEDNESS IN THE ORIGINAL PRINCIPAL SUM OF $190P400. 00i AND ANY OTHER AMOUNTS AND/OR OBLIGA- TIONS SECURED THEREBY RECORDED JANUARY 7, 1985 AS INSTRUMENT NO. 2869 AND RE-RECORDED JANUARY 23, 1985 AS INSTRUMENT NO. 14559 BOTH OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. DATED, DECEMBER 27Y 1984 TRUSTORt J 8 L, A CALIFORNIA LIMITED PARTNERSHIP TRUSTEE, CONTINENTAL LAND TITLE COMPANYP A CORPORATION . BENEFICIARY, ARA HERBEKIAN AND VIOLET HERBEKIAN, TRUSTEES FOR THE HERBEKIAN FAMILY TRUST. 11 . THE EFFECT OF AN AGREEMENT ENTERED INTO ON JANUARY 261 1987, BY AND BETWEEN THE CITY OF PALM DESERT, A MUNICIPAL CORPORA- TION, AND PAUL KAYSER AND JANE KAYSERP FOR STREET IMPROVEMENTS. SAID AGREEMENT, AMONG OTHER THINGS, STATES THAT AT SUCH TIME SAID AGREEMENT IS RECORDED IT SHALL BECOME A LIEN AGAINST THE PROPERTY IN THE ESTIMATED AMOUNT OF $11 ,472.84. SAID AGREEMENT WAS RECORDED APRIL 291 1977 AS INSTRUMENT NO. 117896 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; REFERENCE BEING HEREBY MADE TO THE RECORD THEREOF FOR FURTHER PARTICULARS. NOTE: AT THE DATE OF SAID INSTRUMENT AND THE RECORDATION THEREOF PAUL KAYSER AND JANE KAYSER , HAD NO RECORD INTEREST IN SAID LAND NOR HAVE THEY SINCE ACQUIRED ANY. 12. PRIOR TO ISSUING A POLICY OF TITLE INSURANCE, WE REQUIRE THAT A CERTIFICATE OF LIMITED PARTNERSHIP FOR J L L BE FILED IN THE OFFICE OF THE SECRETARY OF STATE IN COMPLIANCE WITH SECTION 15712(A) CORPORATIONS CODE AND A CERTIFIED COPY THEREOF RECORDED IN THE COUNTY OF THE REAL PROPERTY, AND THAT A COPY OF THE PARTNERSHIP AGREEMENT BE PROVIDED TO OUR OFFICE FOR REVIEW. NOTE : GENERAL AND SPECIAL COUNTY TAXES FOR THE FISCAL YEAR 1987-BB, AS SET OUT BELOW, HAVE BEEN PAID_IN_FULL: CODE Not ❑18-054 ASSESSMENT Not 622-280-003-5 FIRST INSTALLMENT, $1r329.83 SECOND INSTALLMENT , $1 ,329.83 PAGE 4 1802001 NOTE: SHORT TERM RATE APPLICABLE PLAT ATTACHED/ED PAGE 5 4. AMEPWAN LAND TITLE ASSOCIATION LOAN POLICY- 1970 WITH A.L.T./ ADORSEMENT FORM 1 COVERAGE(AME ED 10.17.70) SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law,ordinance orgovernmentalregulation(including but not limited to building antl zoning ordinances)restricting or regulating or prohibiting the occupancy,use or enjoyment of the land,or regulating the character,dimensions or location of any improvement now or hereafter erected on the land,or prohibiting a separation in ownership or a reduction in the dimensions or area of the land,or the effect of any violation of any such law,ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects,liens,encumbrancer,adverse claims,or other matters (a) created suffered,assumed or agreed to by the insured claimant; (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss ordamage to the insured claimant; (d) attaching orcreated subsequent to Date of Policy(except to the extent insurance Is afforded herein as to any statutory lien for labor or material orto the extent insurance is afforded herein as to assessments for street improvements under construc- tion or completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of the indebtedness to comply with applicable"doing business'laws of the state in which the land is situated S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1970(AMENDED 10-17.70) WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy,the exclusions set forth in paragraph 4 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Anyfacts,rights,interests,orclaimswhicharenotshownbythepublicrecordsbutwhichcouldbeascertainedbyaninspectionofsaidlandorbymakinginquiryofper- sons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct survey would disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a lien,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1987 WITH A.L.T-A. ENDORSEMENT FORM 1 COVERAGE (6/87) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys fees or expenses which arise by reason of: 1. (a) Any law,ordinance orgovernmental regulation(including but not limitedto building and zoning laws,ordinances,orregulations)restricting,regulating,prohibit- ingorrelatingto (1) the occupancy,use,or enjoyment of the land; (il) the character,dimensions or location of any Improvement now or hereafter erected on theland; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was apart or (iv) environmental protection,oththe effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above,except to the extent that a notice of the exercise thereof or a notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercisethereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered,assumed or agreed to by the insured claimant; (b) not known tothe Company,not recorded inthe public records at Date of Policy,but known tothe insured claimant and not disclosed inwritingtothe Company by the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant; (di attaching or created subsequent to Date of Policy(except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services,laborer material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy);or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceabilityof the lien of the insured mortgage because of the inability or failure of the insured at Dateof Policy,orthe inability orfailure of any subsequent owner of the indebtedness,to complywith applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage,or claim thereof,which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services labor or materials(or the claim of priority of anystatutory lienforservices,labor or materials over the lien of the insured mortgage)aris- ing from an improvement orwork related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by pro- cards of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY-1987 (6/87) WITH REGIONAL EXCEPTIONS W hen 1 he American Land Title Association policy is used are Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set tort h in paragraph 6 above are used and the following exceptions to coverage appear in the policy. I (continued on back) . .Y . � mN a a 'jnLl Li_L . N � O (o PORTOLA AVE. �a, IM1 N O 1 V ! KK 1 V_ O Q Zaa Y Sze O h . \a ' \ b \hh m0 \ /!'OR_mlrRtv_ OE5Ei'r -- --- .;,t -is�rhv_c_c_—GiF._l--/—•-(—�-------- C�l a* ve � "r k.. �. Ic�.. ae• •M )c,� /L�r I�. vl .,� � ,� '�, `' 1.:. i.r• taro ' J,J03 ILI �I l \`�} '), 1 U. ,� [,. 1 ?M1,n-0 alutg1 .✓..n,I •r ♦ t S '4.® � { rB.nn sr..vr . I •. FI O q 0 � 1� - n� O .1 � -. — 1 o.ro.ZZ� I'•'' '�I ti )N n7l�R..•q I I y �^ �� t \ -o.r•n '1 Q ti ♦, 1° p� � i � � . \ r O 0; if / Oj y �n I O IQ�1 i N '1 0 �•a Q_.I''` 1 ._I n.!u 9A.n1 �._ .. •, vh�,♦9� •1 ' ;^�1-!T 1V/AlrERf/AVF_A' 71 ti 0 'N:•n , it ! � ' t � th, Ft o ®• P ? I •� t,. 2 c� a�•`°:��-�'#v/nlrr-F/iil!eN--i.ni _-m�_FF.;;`,' I: r; SCHEDULE B his policy does not insure against loss or damage(and t Company will not pay costs,attorneys'fees or expe which arise by reason of: Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. j Anyfacts,rights,interests,orclaims which are notshown bythe public records but which could be ascertainedbyaninspection of said landorby makinginquiryofper- ` sons in possession thereof. 1 Easements,claims of easement or encumbrances which are not shown by the public records. Discrepancies,conflicts in boundary lines,shortage in area,encroachments,or any other facts which a correct surveywould disclose,and which are not shown by public records. Unpatented mining claims:reservations or exceptions in patents or in Acts authorizing the issuance thereof;water rights.claims or title to water. Any lien,or right to a lien,for services,labor or material heretofore or hereafter furnished,imposed by law and not shown by the public records. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-1987(6/87) EXCLUSIONS FROM COVERAGE he fol lowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise y reason of: (a) Anylaw,ordinance orgovernmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibit- ingorrelatingto (i) the occupancy,use,or enjoyment of the land; (ip the character,dimensions or location of any improvement now or hereafter erected on theland; (iii) a separation in ownership ore change in the dimensions orarea of the land orany parcel of which the land is orwas apart;of (iv) environmental protection,or the effect of any violation of these laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above,except to the extent that a notice of the exercise thereof ore notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. _ Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Defects,liens,encumbrances,adverse claims or other matters: (a) created,suffered assumed or agreed to by the insured claimant: (b) not known tothe Company,not recorded in the publicrecords at Date of Policy,but known totheinsured claimant and notdisclosed inwriting to the Companyby the insured claimant prior to the date the insured claimant became an insured under this policy, (c) resulting in no loss or damage to the insured claimant; I (d) attaching or created subsequent to Date of Policy,or (a) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 1 9. AMERICAN LAND TITLE ASSOCIATION OWNER POLICY-1987(6/87) it WITH REGIONAL EXCEPTIONS W hen the American Land Title Association policy is used are Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULES This policy does not Insure against loss or damage(and the Company will not pay costs,attorneys'fees or expenses)which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Anyfacts,rights,interests.orclaims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiryofper- sons in possession thereof. 3. Easements,claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies,conflicts in boundary liner,shortage in area,encroachments,or any other facts which a correct surveywould disclose,and which are not shown by public records. 5. Unpatented mining claims;reservations or exceptions in patents or in Acts authorizing the Issuance thereof;water rights,claims or title to water. 6. Any lien,or right to a Ilea,for services,labor or material theretofore or hereafter furnished,imposed by law and not shown by the public records. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY-1987 EXCLUSIONS In addition to the Exceptions in Schedule 6,you are not insured against loss,costs,attorneys'fees and expenses resulting from: 1. Governmental police power,and the existence orviolatlon of any law or government regulatlon.This includes building and zoning ordinances and also laws and regulations concerning: • land use • land division j • improvements on the land • environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Pollcy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The right to take the land by condemning it,unless a notice of taking appears in the public records on the Policy Date. 3. Title Risks: • that are created,allowed,or agreed to by you • that are known to you,but not to us,on the Policy Date-unless they appeared in the public records. • that result in no loss to you • that first affect your title after the Policy Date-this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: • to any land outside the area specifically described and referred to in Item 3 of Schedule A or • in streets,alleys,or waterways that touch your land Thlc n,cins.c.does not lintel tfte access coverage in Item 5 O!Cove+'ed Title Risk 5, CASE NO. Y (U�f:a�zJ' C O :YIM n-rs'r =cD=O730{l7V Environmental Assessment Form TO THE APPLICANT: Your cooperation in completing this form and supplying the information requested will expedite City review of your application pursuant to the California Environmental Quality Act. The City is required to make an environmental assessment on all projects which it exercises discretionary approval over. Applications submitted will not be considered complete until all information necessary to make the environmental assessment is complete. GENERAL INFORMATION: 1 . Name, address , and telephone number of owner, applicant or project sponsor: BarCon Development (619) 324-5667 68713 Perez Road, Cathedral City 92234 2. Name, address and telephone number of person t:, be contacted con- cerning the project (such as architect, �nV neer or otP%)reg55 -9811 sentative) Mainiero, Smith and Associa es, fnc. 777 East Tahquitz Way, Suite 301 , Palm Springs 92262 3. Common name of project (if any) : None 4. Project location (street address or general location) : Southwest corner of Portola Avenue and Hovley Lane 5. Precise legal description of property (lot and tract number, or meets & bounds) : E; SEa�'SE$, NE$ , Section 8 , TSS, R6E, S.B.M. 6. Proposed use of the site (project for which the form is filed; describe the total undertaking, not just the current application approval being sought) : Subdivision into 16 lots for construction of single family residences . 7. Relationship t, larger project or series of � ,jects (describe how this project relates to other activities, pphases , and develop- ments planned, or now underway) : Project wou7c-7 Be built in one phase 8. List and describe any other related permits and other public approvals required for this project, to go forward, including those required by the City, Regional , State and Federal agencies (indicate sub- sequent approval agency name, and type of approval required) : Architectural Review of homes EXISTI14G CONDITIONS: 9. Project site area: 4 . 75 Acres (Size of property in sq. ft. or acreage) - - 10. Present zoning: PR5 (Proposed zoning) : PR5 11 . General Plan land use designation: Residential 12. Existing use of the project site: vacant 13. Existing use on adjacent properties : (Example - North, Shopping Center; South, Single Family Dwellings; East, vacant, etc. ). ONorth, West and South - Residential (PRD) East - vacant 14. Site topography (describe) : Undulating terrain with localized mounding; general slope to southeast 15. Are there any natural or manmade drainage channels through or adjacent to the property? NO X YES 16. Grading (estimate number of cubic yards of dirt being moved) : 25 , 000 C.Y. 17. List the -number, size and type of trees being removed: None 18. Describe any cultural , historic, or scenic aspects of the project site; None G 19. Residential Project (if not residential do NOT answer) A. Number and type of dwelling units (Specify no. of bedrooms) : 16 Single family detached; 3 and 4 bedroom B. Schedule of unit sizes: Range 1 , 900 to 2 , 300 S . f. ; average 2 , 000 s. f. C. Number of stories 1 Height 15 feet. D. Largest single building. (sq. ft. ) 2;300 (hgt. ) 15 ft. E. Type of household size expected (population projection for the project) : Primarily families with 1 to 3 children F. Describe the number and type of recreational facilities : None G. Is there any night lighting of the project: No H. Range of sales prices or rents : $ 165 , 000 to $ 188, 000 I . Percent of total project devoted to: Building . . . . . . . . . . . . . . . . . . . 18 % Paving, including streets. . . . . . . . . . . 15 % Landscaping, Open, Recreation Area . . . . . . 67 % C 20. Commercial , Industrial , Institutional or Other Project: A. Type of use(s) and major function(s) ( if offices , specify type & number): B. Number of square feet in total building area : C. Number of stories Height feet. D. Largest single building (Sq. Ft. ) (Hgt. ) E. Number of square feet in outdoor storage area : F. Total number of required parking spaces , number provided G. Hours of operation: 0 H. Maximum number o° clients, patrons , shoppers, etc. , at one time: I . Maximum number of employees at one time: J. If patron seating is involved, state the number: K. Is there any night lighting of the project: Yes No L. Percent of total project devoted to: Building . . . . . . . . . . . . . . . . . . % Paving, including streets. . . . . . . . % Landscaping and Open Space (Recreation) . . % Are the following items applicable to the project or its effects : Discuss below all items checked yes (attach additional sheets as necessary). c YES NO 21 . Change in existing features of hillsides , or substantial alteration of ground contours. X 22. Change in the dust, ash, smoke, fumes or odors in the project vicinity. X 23. Subject to or resulting in soil errosion by wind or flooding. X 24. Change in ground water quality or quantity, or X alteration of existing drainage patterns. 25. Change in existing noise or vibration level in the vicinity. Subject to roadway or airport noise (has the required acoustical report been submitted?) X O26. Involves the u�a or disposal of potentially hazardous materials, such as toxic substances , X flammables or explosives. 27. Involves the use of substantial amounts of x fuel or energy. 28. Changes the demand for municipal services (police, fire, sewage, etc. ) 29. Changes the demand for utility services , beyond those presently available or planned in the near future. X 30. Significantly affects any unique or natural X features, including mature trees. 31 . Change in scenic views or vistas from existing x residential areas or public land or public roads. `r . 32. Results in the dislocation of people. X a C YES NO 33. Generates controversy based on aesthetics or other features of the project. X [ ] Additional explanation of "yes" answers attached. Project will increase demand on municipal services by .. addition of 16 new residences . CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation, to the best of my ability, and that the facts, statements and information presented are true and correct to the best of my,knowledge and belief. Robert S. Smith Mainiero, Smith and Associates, Inc. Name Print or Type For Signature Date INITIAL STUDY FEE : $30. 00 (Make check payable to the City of Palm Desert and sub— mit with this form. ) . c5dY PAP Lanai f sOm Basso :e C.&922(sa SUBDIVISION MAP Barcon Development Applicant (please print) 68713 Perez Road (619) 324-5667 Mailing Address Telephone Cathedral City CA 92234 Gry State ZIp-Code REQUEST.' (Oescrtbe specific =lure of aporirval requested I. To subdivide approximately 4. 75 acres into 16 single family residential lots. PROPERTY OESCRIPnON: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 8 , TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF; EXCEPTING THEREFROM THE NORTH 33. 00 FEET THEREOF AS CONVEYED TO THE COUNTY OF RIVERSIDE BY DOCUMENT RECORDED JANUARY 31 , 1975 AS INSTRUMENT NO. 12830 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA. ASSESSOR'S PARCEL NO. 622-280-003 EXISTING ZONING PR-5 Property Owner Authorization undersigned states mot they are the antler is) of the property described heroin and hereby give autnor- tlon for the fill of this applloatlon. Agreement aosolving the Ury of Polm Desert of all Ilabllinea relative to arty deed restrictions. 1 00 By MY SIGNATURE ON THIS AGREEMENT, Abed" the City of Palm Desert at all liabilities regarding any deed restrictions mat may be applicable to the property described herein. Signature Own Applicants Signature Signature Date STAFF USE ONLY) Environmental Status Accepted byt ❑ Ministerial Act E.A. No. ❑ Categorical Ezration C^ SIE Ha. ❑ Negative Declaration (,A� w� . ❑ Otnar " Reference Case No. OwwCMi1L fCT/CO/.1f O-rI-�C ' t MIN. M .y" SIDEWALK /B _►.. 18 j SIDEWALK 1/4' £R FOOT CURB A.C. PAVEMENT 1 /"� PER FOOT .,URB 4 _SLOPEell 2 ado I 2% 1 + ;pvE 77 •BASE COURSE COMPACTED SUBGRADE - SECTION A -A TYPICAL PRIVATE STREET f #40w Ae„ E> ems' AND DR41N4GE PL4N 4-� 6 4' C 0TEN TA T / VE TRA T NPREI M NA R y C; RA D N G 2 smile 14 - im wol't ' Acwv .E ANW7K1Y>• � are1 ctwo /� SLOB Amw Cv~ ca"RecrEv$&~A" SECTION B-B HO VLEY LANE41 F.F. ( I F.F. I I F.F. 1 1 (198.20) 1 F.F. I I f198.291 I 1 f198.901 I I F.F. 11 (198.97J I I f198.201 I I I I — -- - ten. I I I U98.921 I I 1 I F.F. f199.431 F.F.I �-- - -J L -- -� �-- - -� i I ;} /oo' I I , L_ — J 1 f204.221 I 76� c , I MIN L Y/Af L- — — — � L— — -T —� �l _ — — — — � I I L- --- J .7 WAL R . ,�' it ,�� „ l.� ,t --�-- . :,v� I I PRIVATE DRIVE 0 kr /iJ►/1?07 ctme A.L/wY[iAOY► AJr/+t I CuAl1 Ni MR pwr EXISTING BLOCK WALL 5' TO 7'H/G clarr+.nro sr.raor 0E�_ 13 2' e6 T- 7 7 8, 77' � \ 8 2 SEC T ION C-C PORTOLA A VENUE F.F. f190.741 ; = / R� 23 8 PALM DESERT CAL IF RN A P.E. oo� ' 20, I P.F. `o,�'.E. P.E. P.E. P.E. LOT ll - - _j � is 196. 0 N I O S• l 196X 19` — 198.8`'a 199.9 201.0 202.10 + (T.W. 20/.251� — — �� ,202� I I 11 PE ---i 4 2 I I' 5 F. VARIES 5 I 3.r 192 F.F. 1/90.72) _ p P.E 1� C/ ( Q ��G — V 0 W E"8�t 1 3 195.0 - � - CU PORTOLA A VENUE 9 `9 J9 / 4% W e� � l.4 X — ' m Q s T.P. 2-00.6 -- I V_ 108 ,� SECTION D-D ' Z T _ J F.F. f190.751 � � I ►�► - , �, ley I PROPOSED CROSS GUTTER , 0, LOT 3' PLANTER — —J LU o W (T.W. 19920) P.E. 19� - � � � I � 2' TO 4' 10e P.E. - 194. 0 N L ti o 20L0 VARIES 3- 8, 0 l5' CVWD Pj ti ap aD 0 � EASEMENT /� o, aD001 o P.E — P. - P.E. O.E. — P. P.E. a 195.Ern 196. 197.8 /98.9 200 O 20�.0 PORTOLA AVENUE 0 SECTION E-E . I - l0 11 12 ---- - - - - D Q (T.W. 19 7.64) 7 7' 7 7' � 132' 89. PROP ED 6'.H! H PE /METER BLOC WALL 77. 77, _J $2'c F— COUNTRY CLUB DRIVE '—' i o PROPOSED RErA4N1NG WALL2�TO 4' HIGH � -- - WITH PLANTER 4i PALM DRAINAGE OUTLEfi J BELOW SIDEWALK 9 — — — - 2 DESERT 00 PROPOSED CURB PPOOPOSED 20' LANDSCAJ� BUFFER Q Q 'S HOVLEY LANE S1 TE PORTOLA A VENUE J LQ O —7Fj- -. - FRED WARING DRIVE ISSUED NOTE: PROPOSED GRADING AND PAD ELEVATIONS ' SCALE 1" = 40' ARE APPDXIMATED ONLY, FINAL PAD ELEVATIONS SEP �� 1988 TO BE SHOWN ON PRECISE GRA 0 I NG PLAN. MAINIERO. SMITH VIClN/ TY MAP AND ASSOC., INC. NOT TO SCALE BENCH MARK NO. DESGN BY PREPARED UNDER THE DIRECT SUPSMSION OF �M� JOB NO. ELEV. $ ��1.SSOGIceSy li lh. PREL IMINA R Y GRA D ING DRA INA GE PLAN 689 LOCATION DRAWN BY Civil & Environmental Engineering SO"TURE R.C.E, NO. . j Bank of Palm Springs Centre BARCON DEVELOPMENT CHECKED BY 777 East TahQuitZ Way, Suite 301 SHEET / eof NO. REVISION APPROVED DATE DATE Palm Springs, California 92262-70166 (619) 320-9811 TEN TA T/ VE TRA C T NO, 23982 1 SHEETS Te 1. f -: si r'�' ...a.. F".W .., •. - a it - ,... .tea .n .. a -r .. -::.. .. -'. -v� :. - .-. �_ r �+ K i R•' F•'� a+, t a •�� I .y a J Uj CC a. * { OLU J�J o , W � U Q J m PRELIMINARY SI TE PLAN : o J I I j \ B ` s B l B I B 1 °' A► C > . i o ' A t IB i CN 2 f \ C C ,A, I G M ' W O O .., Portola Avenue Sam R �► RCONL A DEVELOPME {NT ft e Rf I F r ,a 1 Y m 4 r I I � I i I I •� I � ; 5 4 L 3 2 A i I . ' I C I ! A C t t ! B i I B Li -. I � I I , I I I I I A s \ i .r" ,_ —.�•� --u.t -�.—.��—. .y. ��! ..._ ' .� �{ �- - o �....o ...mi �- -- ....X z� _? ''., i,:. �,�.:`: 't ` y '�, •' :, ,,� 'k +r. 3 _iy«�' y 't P. I I I �r , �- �_ � �'.• e:. � ,� _'!�*� xs 8.;.:� {�,,`�LL.. .� �"5 3�}: � ,�;V,�.°fif P �3 a E k w� $;;� v"' ' a�. Y�`, �y$ �4 a ¢� i �A 4 ,y3� ,[ k t'"�" � I r� ,§� r y.,�.. x d �. , 4. :5::... , _ i. 1. ...:sY}•..a --t .,: ,.. c3 '� < Y ,-.re ,. :_ -. :"::. I � � � 1 + ,. x '...;:. r ,,..p •: ;s�s ,}. :<..,>M. 9• .. ;..t. : � • T kd ..�a, „ *, .. u'... . a. .. I I 1 I 12 14 E B B ► i A I I C A I , 1 I I I t I I � k I i14 - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- --�- ---- — - - - -- — -- - --+-- — — — — — -� - - - , r +- 3 NO. ti �PEfARFE l, R '^E 0 E�'� y;vRv11IUN JF 1���� r /'���h 10B NO E LFV. , Irr.. LOCATION �— - -- — ------ — — --- '— ----- -- - DRAWN BY SIGNATURE A, Civil & Environmental Engineering — ------- — ----- — -- ---- --- — RCE NO k of Palm Springs Centre i L—T-1 }' --- — ------ — ---- - - - - - - - - ...- n—Ban SHE ET 777 East Tali uitz Way, Suite 3101 of S --- --- — -- --------_- ---- — CHECKED BY I� t ;r,> .. Q Yr Palm Springs, California 92262-7066 (619) 320-9811 --. -- - -- -- DATE _- SHEETS NO. 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A.L „ r AL . , 1 i i • t • A 'z t P - • • • 0 Isss cu ru LL — . PLANT LEGEND WO sYrlt+Cl i +_�PyT PJi1i;'s SIZE t? IWI r 1 TREE! PP 13rac.•hychi toh '-1 c)1 .tlnet�5 " Ftc�;. - LIMIT OF WOR rr rr3c a-; �'11_tmrla�-t 13 4 Our--_r Palm 10.1 4 ,T� �c?C ?"'it'1Cjci �Glltl f Jl �t 24" Fiox 2 30" Box ST 1=cl-iir)u7 Terebinthiful. ius 2 4" PC) _ Bra i I i art Pepper Tree 1�%() Bay. 4 Ir!R t4a ,hi iigtoni a Rob-istct g• 4 Hf ;i f::.:t:► Fam Pa l fl 10' 9 1 5' 3 SHRUBS HM.I FsOXLIs Mi crophi 1 s JiAporii ca 5 Gall oil 40 Japanese ©oxwood Giv GArdc d ,i x 0,%smi nui de-s `Vei t r-!)i. i ' G Gallon 57 Vni lt_hi i ©cr dui1.i .t I� HD Hut, ;1r r`t Pi c:L)Itit :id( 1 un 1 :►k low Fortnight Lily l0i MCtd4^1rlina DornatGtic_a `C:ampac_ta' S Gal lurl �.';' T 1 � e. �� LU Compact 1-140 ,un l y Bamboo 1 10) 1 a.• hIPp hJer-i ilfn Oleander `f'LA i Le Fink' 5 Gal 1 art 36 ; 1 lot � #� Dwarf O1 QaridQr � LL O 1 (1) J PTW Pi ttaspol- L(m Tobi i• it `ta-,cel cr s Dwarf ' 5 Gal l on 74 1 Dwarf Mccl: Or i.'lq © l UJ v Z s il' F(1F: F{r-t,)*11c)lE'fl- �; I:ldica `Ror�ua Dwarf ' S Gallen ZZ a W w Indian HawUiurn J P I R Fk'aphicilepis Indica `Springtime' 5 Ga11(ill 41 �. � Us! India India llawtt)orrl �` Z TJ Tr +.chel o7,pPrmu(n J=zmi not des 5 Gallon 25 V Star Jasmi nn �`.. 1 ; J Jffl 0 � - Z oc I_Fa b1hJ711 To !)c• sf-• (P d or Ryegrass i I i' LL CM t_he season- Y 1 ` L.CII__OR 7 o - ,1 r 1, 6 , r, hc- c.t�1 r�1•• la all,.,, at. 12 O.C. � a • s^l acted by oairler aL 'rime of planting WL 1 ( ' I 1 ( i: �dll 4ru 10 C !. ro 0 IR 12 8 7 1 l5 - Z 1 13 1 Ma SIR• »a > D c ,,` > 5, m 0 0 a j_ tr7 � lot Iol 16 BSI 0� ( �= 0� 0 Q r.. a �� , 2 • h _ < w r a r 3 1 1 r r f 1 ?f - ii Y -1 5 5 �..�., . .. 4 b t 2 ZA ... `1 8 !I {� � Iv ... l2 r�8 w r� ids JA P TQL�,A �.• . AVENUE WR.. rib rA V• 1 2 ,^ "E^FZ To NT1 N No?�s 1 PALM TREE PLANTING NOTES PLANTING NOTES LL ; Palms shall be planted using established planting procedures. Refer to Palm Before ear plants are planted, all planted areas are to have been graded OTree Planting Detail. in an sasaptable manner to assure positive drainage per the grading notes. 1 Soils generated from the palm tree excavation shall be dispersed in the Separate all shrub/ground cover areas from lawn arose with 2"x 4" redwood adjacent area, and leveled to blend into the existing grade contours. headerbo6rd or 3 layers of redwood benderbonrd with staggered joints ar ' (refer t* planting plane) . Stake headerboard with 1"x 2"x 12" redwood Palm tree root balls shall be trimmed or cut to ensure recovery from trans- stakes spaced 40" on center maximum. planting shock. as• Plant shCUbs a minimum of 30" from all landscape light fixtures. eJ Pal trees must be in a healthy condition at time of delivery. Palm trees detem rmined unhealthy or damaged at time of delivery or installation shall be WI-1— Cilreumstances permit, plant no tree closer that 18" to an edge of rejected by Contractor and replaced by Subcontractor at his expense. paving er'•1leaderboard. All palms shall be cleaned of excessive dead and raqqed fronds or frond Prpvide 441 shrubs which need support with 112" square redwood stakes. • stubble. Cut fronds should be cut to a maximum length of 6". once installed, trim top of stake 6" below top of shrub. Use green plastic "as. Called out heights of palms shall be the height from top of root ball to Remove all stakes from vines. bottofs of live fronds. ' Palm trees to be properly watered in and soils properly tamped around the Refer to planting details. root balls when planting, leaving no voids of soil around root balls. WheneveM possible, use plant materials acclimated to the Coachella Valley. Palm trees shall be planted vertically, unless specifically changed by the Landscspt Contractor when t.yiny vines is to use a drill to establish the Contractor, ilot p h4de to receive tire red-head portion of the molly. Trunks should be rough with frond bases still securely attached. When t1i09 vines or espalier, wires should he spaced as follows: first ®Trunks may not be totally skinned unless noted otherwise. two (2 �t 1'-6" apart. from finish qrade, the next three (3) at 1'-0" North apart to Make the top wire at 6'-0" above finish grade. Wires should be ...•�"�'°�y , � ^rRT Trunk bases may be skinned to a maximum height of 3'-4' (taller trees 6') . closerw* of 8'-0" luny center on plants. When vines or espaliers are Mlsh 10' apart, use a continious wire between both plants. CI r i, Skinned areas above the 6' level will be accepted, at the direction of Mike Cont-ratter is to supply and install arbor guards on all box trees. Arbor r-, Horton. guards ate to be approved by Landscape Architect' Care should be exercised in the cabling during transport and planting so as not to damage or loosen bark. All Ficus Retusa 'Nitida' and Ficus Retusa trees are to be thinned upon ^" Job No. i arriving on site to prevent wind damage. Pruning method should be �yl � y, � • No severe cracking or holes in the basal trunk area will be acceptable. approved by Landscape Architect and in conformance with c..1 standard nursery practice. O��vss.a�� One initial watering will be performed by Subcontractor. Basin will be left tree �� on each palm so subsequent watering can be performed by others. It is recommended that any palm tree, planted within 5' and speciutan tree _..---- planted withing 10' of any walk, wall. or st-ructure be planted with Deep -_ DAit Subcontractor to untie frond tops (60) days after planting. Root, root barriers to a depth of 2' minimum to protect against root damage. 6 Gar 1;THIN Palm trees shall be planted a minimum of 18" away from building eaves. � WARNINCt Plant material listed may or may not have been approved by the C' r ;�dAL• It is recommended any palm tree planted within 5' of any walk, wall or Agricu feral Commissioner's office. Landscape contractor, please I structure be planted with Deep Root root barrier to a depth of 2' minimum to contact the developer for status of Agricultural Commissioner's approval Sheet No. protect against root damage. or denial. Plant material not conforming with quarantine laws mr:y be destroyed and civil action taken. All plant material is subject to NOTE: No palm tree shall be out of the on nal ground for more than (48) inspect jat the discretion of the Agricultural Commissioner's office. sect hours prior to relocation and planti4. All plat material must be free from Red Scale (Aonidiella auranti%) of � ,�