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HomeMy WebLinkAboutTT 27561 HOVLEY LANE WEST SINGLE-FAMILY HOMES FILE - 1 1992 Wit, IY Il PM { N � � LI I1r m 73-510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 92260 m tgs \ `622-051-055 1\ U ja t Sue Schmitz 74581 Peppertree Dr Palm Desert, CA 17 Ti, T0; LIN" 5;:. 10 N UADFis SS f w�fSft . . ffufC LESS FFI;; INSIL AFT !I _ I ;{Ql)T +r;7n�t _IC n NO i �� _ ,, „ .111i,ILN11,1 , , In I I. 1 .JJ 131 P ro cam' ►may_" �'• =l E W N qE J 24 J::N d� v l,t �j:ytT3.VffJ'li1 u; /992 a J 1444g� � I �LE_. lJl1lS�' DU �UUu L�17�^NlS 7 v 73.510 FRED WARING DRIVE,PALM DESERT,CALIFORNIA 922 el 9,t, S�.O 0.1p W ON7 'Y°t 4r,4 k? 622-051-052Mt (� �� Maureen P SelVador 4i U W s Shell egeacheCAt SAL�1 3 934491002 1392 06/?_7/92 NOTIFY SENDER OF NEW ADDRESS JI SALVAD P MAUREEN GENERAL ELIVERY i SAN LUIS ODISPO CA 93401--9999 i p i. 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BOX 1032 PALM DESERT, CA 92261 (619) 568-2717 September 11, 1992 City of Palm Desert HAND DELIVERED TO RAY DIAZ Planning Commission Palm Desert, CA 92260 RE: Winterhaven Homeowners Association/JA SCORP Members of Planning Commission: An agreement between Jascorp and Winterhaven Homeowners Association regarding; shared used of the front entrance has been reached by a majority vote of the homea;-%mers at Winterhaven HOA. Jascorp and Winterhaven HOA will work together on implementing this agreement and appreciate your help and guidance in this matter. Should you have any questions regarding the contents of this agreement, please contact this office. ON BEHALF OF THE WINTERHAVEN HOA, AVAIL PROPERTY MANAGEMENT Cam Anderson Project Manager WINTtRHAVEN HOMEOWNERS ASSOCIATION AVAIL PROPERTY MANAGEMENT P.O. BOX 1032 PALM DESERT, CA 92261 (619) 566-2717 RECEIVECS AUG 17 1992 ODMMUNI`ryWEOF P LMEUT,DFFARTMEW ER August 14, 1992 Mr. Joe Swain Jascorp 79811 Country Club Dr Bermuda Dunes, CA 92201 Dear Mr. Swain: Listed below ore the items discussed with the Negotiating Committee, Joan Goldberg, and you on August 13th. Upon mutual approval of these conditions, this proposed agreement will be sent to the entire membership of Winterhaven Homeowners Association for review and voting. The agreement between Winterhaven Homeowners Association and Jascorp is as follows: 1. Jascorp will forthwith take steps necessary, if any, in order to have Joscorp's real property de-annexed from the effect of the existing CC&R's so that Joscorp's real property is not encumbered thereby. If Jascorp is successful in doing so, Jascorp will, upon issuance to Jascorp of a final subdivision public report by the California Department of Real Estate relating to its subdivided property, pay Winterhaven HOA the sum of $28,000.00 and will reimburse it for any of its legal expenses in modifying its organization documents, if necessary. Further, Jascorp will pay Winterhaven HOA, at the close of escrow of each subsequent lot, $1,000.00 to be used to upgrade the shared used facilities. The parties hereby agree to the shared use of certain facilities of each and to a sharing of costs. In that regard, Jascorp and members of the homeowners association to be formed by Jascorp and their guests and invitees shall be entitled to use, in common with members of Winterhaven, i Mr. Joe Swain August 3, 1992 Page 2 the front access gate and its attendant facilities, Winterhaven's streets and walkways, Winterhaven's tennis courts (but not to the use of Winterhaven's swimming pool), and Winterhaven's drainage and flood control facilities. Members of Winterhaven and their guests and invitees shall be entitled to use, in common with Jascorp and members of the homeowners association to be form by Jascorp, facilities of the Jascorp association consisting of the streets and walkways of the Jascorp association and the drainage and flood control facilities on Jascorp's property. 3. Henceforth and as long as the Winterhaven Association is in existence, Jascorp (and later the Association to be formed by Jascorp) will pay and reimburse Winterhaven 50% of Winterhaven's expenses of maintenance and reserves for replacement of the main gate and its related facilities, 509 of Winterhaven's expenses for the maintenance of the tennis courts, including reserves for replacement thereof and a prorata share of utility expenses relating to the main gate and the tennis courts. Because the expenses of each party will be approximately equal for expenses related to the streets and the flood control facilities each party will bear their own expenses in connection therewith. 4. Jascorp will arrange for access to its property during the periods of construction by a means other than the main gate. 5. Winterhaven will be responsible for maintenance and replacement of the main gate and its related facilities, that portion of the perimeter wall which now circles tract 17794-1, all common area facilities which now exist in tract 17794-1 together with maintenance of the landscaping in the Hovely Lane right-of-way adjoining tract 17794-1. Jascorp shall be responsible for the maintenance and replacement of the perimeter wall surrounding tracts 17794-2 and 17794-3 and will construct, maintain, and replace the streets in the Jascorp property. In additions, Jascorp will maintain the landscaping located in the Hovely Lane right-of-way adjacent the Jascorp property. 6. Jascorp may, but only with a prior approval of the Board of Directors of Winterhaven, make any capital improvements and modifications to the facilities. ,1 r Mr. Joe Swain August 3, 1992 Page 3 7. Winterhaven HOA hereby agrees that it will not actively oppose Jascorp's project before municipal authorities by appearing at hearings or otherwise voicing opposition to its project. 0 As it pertains to Item 06, Jascorp shall not prohibit Winterhaven HOA from voicing opposition to the City of Palm Desert should the Architectural integrity of the community be jeopardized by any proposed construction of a structure on Jascorp's property which would be out of character for the surrounding area. 9 Jascorp agrees to withdraw their pending lawsuit filed July 15, 1992, with no further demands to be made to Winterhaven HOA. 10. The essence of this agreement is the continued mutual cooperation and consultation between Winterhaven HOA and Jascorp during the development of the Jascorp property. This letter is intended as on offer which will become an agreement upon signature by the parties hereto. If the foregoing is consistant with the agreement as you understand it, please sign below. Upon receipt of this signed agreement from you, it will be sent to the membership of Winterhaven for approval. The foregoing is agreed to: Joe Swp n, Jascorp Date O&erhaven HOA Date j4 I u 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)340-0574 November 25, 1992 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 27561 APPLICANT (AND ADDRESS) : JASCORP for WINTERHAVEN, 79-811 Country Club Drive, Suite A, Bermuda Dunes, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised exterior wall design LOCATION: South side of Hovley Lane, approximately 730 feet west of o P rtola Avenue ZONE: PR-5 ----------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission approved the revised wall plan as submitted, by minute motion. Date of Action: November 23, 1992 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 . Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS : UIt is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a.m. the Monday eight days prior to the next meeting. I MINUTES ARCHITECTURAL REVIEW COMMISSION NOVEMBER 24, 1992 I . CALL TO ORDER: The meeting was called to order at 12 : 15 p.m. Commissioners Present Current Meeting Year to Date Present Absent Present Absent Rick Holden X 4 0 Frank Urrutia X 4 0 Chris Van Vliet X 4 0 Wayne Connor X 4 0 Richard O'Donnell X 3 1 Ronald Gregory X 3 1 Staff Present : Phil Drell Jeff Winklepleck Steve Smith Steve Buchanan Donna Bitter II . APPROVAL OF MINUTES : It was moved by Commissioner Urrutia, seconded by Commissioner Van Vliet, to approve the minutes of the November 10, 1992 meeting as submitted. Motion carried 4-0-1, Commissioner Gregory Abstaining. III . It was moved by Commissioner Holden, seconded by Commissioner Connor, to approve the following cases by minute motion. Motion carried 5-0. A. Final Drawings : 1 . CASE NO. : TT 25711 APPLICANT (AND ADDRESS) : SIERRA NOVA c/o PALM DESERT PARTNERS, LTD. , 77-900 Avenue of the States , Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of final landscape plans LOCATION: West of E1 Dorado Drive, 1/2 mile south of Country Club ZONE: PR-5 MINUTES ARCHITECTURAL REVIEW COMMISSION NOVEMBER 24 , 1992 Phil Drell reported that the plans were reviewed by Eric Johnson and found that the four model plans were the old oasis style landscaping. He noted that of the four models, one plan should be desert type and one should be a more lush desert type design in order to show prospective homeowners that these type of plans are available. Commissioner Gregory discussed with the applicant, Wes Oliphant, the commission' s feelings on the designs submitted and the commission' s goal of working towards more drought tolerant designs . Commission continued the case to allow the applicant to revise the landscape plans to include two desert type landscape plans for the four models . 2 . CASE NO. : �TT27561? APPLICANT (AND ADDRESS) : LAASCORPIfor iWINTERHAVEN, 79- 811 Country Club Drive, Suite A, Bermuda Dunes, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised exterior wall design LOCATION: South side of Hovley Lane, approximately 730 feet west of Portola Avenue ZONE: PR-5 The applicant discussed how the existing slump stone wall has taken its toll and was requesting approval to add slurry and paint (Meadow Brook X43) to the existing wall . This would match the wall at Hovley Collection. Commission approved the wall plan as submitted. Motion carried 4-0-1 with Commissioner Urrutia Abstaining. 3 . CASE NO. : 3075 SA APPLICANT (AND ADDRESS) : IMPERIAL SIGN CO. for HOLIDAY INN, 46-120 Calhoun Street, Indio, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Reconsideration of location of free standing sign LOCATION: 74-675 Highway 111 ZONE: PC-4 The applicant, Jim Engle, discussed the problems with the approved sign location because of the existing stop sign 2 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 October 16 , 19!tg-LEPHONE(619)346-0611 FAX(619)340-0574 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 27561 APPLICANT (AND ADDRESS) : JASCORP for WINTERHAVEN, 79-811 Country Club Drive, Suite A, Bermuda Dunes, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of final landscape plan LOCATION: South side of Hovley Lane, approximately 730 feet west of Portola Avenue ZONE: PR-5 ----------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted final approval, by minute motion, to the revised landscape plans as submitted. ' Date of Action: October 13, 1992 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. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS: It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a.m. the Monday eight days prior to the next meeting. MINUTES ARCHITECTURAL REVIEW COMMISSION OCTOBER 13, 1992 I . CALL TO ORDER: The meeting was called to order at 12 : 15 p.m. Commissioners Present: Current Meeting Year to Date Present Absent Present Absent Ron Gregory, Chairman X 15 3 Rick Holden X 17 1 Frank Urrutia X 16 2 Chris Van Vliet X 17 1 Wayne Connor X 11 7 Michael O'Donnell X 1 0 Staff Present: Steve Smith Jeff Winklepleck Steve Buchanan Donna Bitter II . APPROVAL OF MINUTES: It was moved by Commissioner Van Vliet, seconded by Commissioner Connor, to approve the minutes of the September 22, 1992 meeting as submitted. Motion carried 5-0-1, Commissioner O'Donnell Abstaining. III . It was moved by Commissioner Holden, seconded by Commissioner Van Vliet, to approve the following cases by minute motion. Motion carried 6-0. A. Final Drawings : 1 . CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of landscape plan for Country Club Drive and portions of El Dorado and Oasis Club Drive parkways LOCATION: Country Club Drive between 42nd Avenue, E1 Dorado Drive and Oasis Club Drive ZONE: PR-5 The applicant, Michael Horton, discussed the minor MINUTES ARCHITECTURAL REVIEW COMMISSION OCTOBER 13, 1992 planting changes due to lay-out modifications . Commission granted final approval to the landscape plans, as submitted, as well as the revised model unit plans . 2 . CASE NO. : CTT_2756'1 APPLICANT (AND ADDRESS) : PAS—CORP for WINTERHAVEN, 79- 811 Country Club Drive, Suite A, Bermuda Dunes, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of final landscape plan LOCATION: South side of Hovley Lane, approximately 730 feet west of Portola Avenue ZONE: PR-5 Steve Smith noted that Eric Johnson had reviewed the revised landscape plans and found them acceptable. Commission granted final approval to the revised landscape plans as submitted. 3 . CASE NO. : 4006 SA APPLICANT (AND ADDRESS) : CHARLES L. MARTIN for LEGACY HOME FURNISHINGS, 40-840 Thunderbird, Rancho Mirage, CA 92270 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised signage plans LOCATION: 72-115 Highway 111 ZONE: C-1 Steve Smith noted that the applicant had run into problems with Cal Trans on the previously approved signage and therefore was now asking for approval to use the existing V-shape monument sign for the new business signage. Commission approved the revised signage plans as submitted. 4 . CASE NO. : 4011 SA APPLICANT (AND ADDRESS) : IMPERIAL SIGN CO. for SLOPE 2 SHORE, 46-120 Calhoun Street, Indio, CA 92201 2 1. � (1 i 15 Fri 2 Southern California Edison Company V 2 7 SUITE 210 430 NORTH VINEYARD AVENUE ONTARIO,CALIFORNIA 91764-5495 EASTERN REG,ON FACSIMILE LAND SERVICES DIVISION REAL PROPERTIES AND ADMIN,STRATIVE SERVICES Honorable City Council October 9, 1992 City of Palm Desert 730510 Fred Waring Drive Palm Desert CA 92260 SUBJECT: Tentative Tract Map No. 27561 Please be advised that the division of pCh�perry shown on Tentative Tract Map No. 27561 will not unreasonably interfere with the free and complete exercise of any easements held by Southern California Edison Company within the boundaries of said Tentative Tract map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easements, nor should this letter be construed as a waiver of any of the provisions contained in said easements or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If additional information is required in connection with the above mentioned subject, please call Lou Salas at (714) 395-3388. Sincerely, C. S. BROOKS Regional Manager BY LOUIS R. SALAS Real Properties Agent LRS/jr cc: First American Title Insurance Company Hunsaker & Associates K. O. Martin, SCE Area Manager �BClding theq re September 29, 1992 City of Palm Desert 27R Planning Dept. 73-510 Fred Waring Dr . Palm Desert, Ca. 92260 ATTN: Steve Smith Dear Steve, Please consider my request for street names within Tract #27561 "Hovley Court" as submitted herewith. As the existing homeowners have a street named Winterhaven which helps identify residences belonging in the Winterhaven Community. I •.believe renaming the westerly portion of the street . Courtside Drive. This will help identify the Hovely Court homeowners and eliminate twenty additional addresses to ' the existing Winterhaven Name. Therefore the perimeter street is proposed to be named Courtside Drive. The new cul-de-sac is proposed to be named Christa Ct. If these names are acceptable 'please sign as indicated and return one ( 1 ) copy to me for my files, also attached are the proposed addresses for the residential lots as well as the common area utilities. Regards, /JosfeA. Swaasc rp JAS/pas 79-811 Country Club Drive#A Bermuda Dunes,California 92201 619-345-8090 FAX 619-345-9753 enured on Mgded ft rr -�' 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 - September-25-,-19=9.2 _ _ -- TELEPHONE(619)346-0611 FAX(619)340-0574 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO. : TT 27561 APPLICANT (AND ADDRESS) : JASCORP for WINTERHAVEN, 79-811 Country Club Drive, Suite A, Bermuda Dunes, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Preliminary approval of landscaping plan LOCATION: South side of Hovley Lane approximately 730 feet west of Portola Avenue ZONE: PR-5 ----------------------------------------------------------------- Upon reviewing the submitted plans and presentations by staff and by the applicant, the architectural commission granted preliminary approval, by minute motion, to the landscape plan subject to confirmation of the existing tree placement and replacement of proposed salvia greggii and myoprum parvifolium. Date of Action: September 22, 1992 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. Any amendments to this approved plan would need to be resubmitted to commission for approval . ) ----------------------------------------------------------------- STAFF COMMENTS : It is your responsibility to submit the plans approved by the architectural commission to the department of building and safety. CONTINUED CASES; In order to be placed on the next meetings agenda, new or revised plans must be submitted no later than 9 : 00 a.m. the Monday eight days prior to the next meeting. 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)340-0574 September 22, 1992 Mr. Joe Swain c/o JASCORP 79-811 Country Club Drive Suite A Bermuda Dunes, California 92201 Re: Negative Declaration for TT 27561 Dear Mr. Swain: Please be advised that TT 17994 was recorded on the subject property in 1983. Less than half of the lots were built upon (i .e. 28 of 62) . Tentative Map 27561 proposes a new subdivision overlaying the vacant westerly portion of that property and the creation of 28 single family lots. The streets and curbs and infrastructure have been constructed. Any impacts associated with the development of this property have been previously assessed. A Negative Declaration was filed in 1981 (copy attached). Considering the above, it has been determined that no further environmental documentation is necessary. Sincerely, STEPHEN R. SMITH ASSOCIATE PLANNER SRS/tm Attachment s i NOTICE OF DETERMINATION (Negative Declaration) TO: (X ) Office of the County Clerk From: City of Palm Desert County of Riverside 45-275 Prickly Pear Ln. 4050 Main Street Palm Desert, Ca. 92260 Riverside, Ca. 92501 ( ) Secretary for Resources 1416 Ninth St. , Room 1311 Sacramento, Ca. 95814 SUBJECT: Filing of Notice of Determination in compliance with Section 15083(f) of the State EIR Guidelines . Project Title/Common Name DP 06-81 and TT 17794 ADAM ADAMEK State Clearinghouse Number if submitted to State Clearinghouse Contact Person Telephone Number Area Code (714) 346-0611 STAN SAWA, PRINCIPAL PLANNER Project Location South Side of Hovley Lane, 500 feet west of Portola Avenue. Project Description 62 Unit condominium project This is to advise that the City of Palm Desert has made the following determinations regarding the above described project: 1. The project has been approved by the City; 2. The project ( ) will ( 4 will not have a significant effect on the environment; 3. An Environmental Impact Report was not prepared in connection with this project; and 4. A Negative Declaration was prepared for this project pursuant to the provisions of CEQA. A copy of the Negative Declaration may be examined at the above City Hall address. /f,�v Y� XXII I' �,InrTn Date Receive7Fn Filing LE Dated: June 30, 1981 SiDE CUUNTY - 6 1981 . SULLIVAN, Cklk yW�,� O.Coe tins on i �""`eee Uepuly P MINUTES ARCHITECTURAL REVIEW COMMISSION SEPTEMBER 22, 1992 ****�rrr,r�r*r**,r,r*,►**s,r*,rtr**r,r�*****rr+rrrr�*�***,r,r*�,rr*r******,rr I . CALL TO ORDER: The meeting was called to order at 12 :20 p.m. Commissioners Present: Current Meeting Year to Date Present Absent Present Absent Ron Gregory, Chairman X 14 3 Rick Holden X 16 1 Frank Urrutia X 15 2 Chris Van Vliet X 16 1 Wayne Connor X 10 7 Staff Present: Phil Drell Steve Smith Jeff Winklepleck Steve Buchanan Bob Smith (arrived 1:00 p.m. ) Donna Bitter II. It was moved by Commissioner Urrutia, seconded by Commissioner Van Vliet, to approve the minutes of the September 8, 1992 meeting as submitted. Motion carried 4-0-1, Commissioner Connor abstaining. III . It was moved by Commissioner Van Vliet, seconded by Commissioner Connor, to approve the following cases by minute motion. Motion carried 5-0. A. Final Drawings : 1 . CASE NO. : TT 26123 APPLICANT (AND ADDRESS) : SUNRISE DESERT PARTNERS for INDIAN RIDGE COUNTRY CLUB, 42-600 Cook Street, Palm Desert, CA 92260 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval to landscape plan for Club Drive medians LOCATION: Country Club Drive between 42nd Avenue, El Dorado and Oasis Country Club ZONE: PR-5 Steve Smith noted that Eric Johnson had reviewed the plans and found them acceptable. Commission approved the plans as submitted. t.� MINUTES ARCHITECTURAL REVIEW COMMISSION SEPTEMBER 22 , 1992 2 . CASE NO. : 4005 SA APPLICANT (AND ADDRESS) : OTAVON CORPORATION for CATALINA ISLE APARTMENTS, 80-899 Indio Blvd. , Indio, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of ceramic the signage for apartment complex LOCATION: 73-625 Catalina Way Commission approved the signage plans subject to the sign conforming to the revised dimensions on file. 3 . CASE NO. : 4004 SA APPLICANT (AND ADDRESS) SANDSTORM ART GLASS for ADRIATIC RESTAURANT, 77-616 Calle Hidalgo, La Quinta, CA 92253 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of revised business identification signage LOCATION: 73-540 Highway Ill Phil Drell presented plans for the requested sign change noting that the applicant was proposing to change the name over the door from "Adriatic" to the word "Cocktails" in red neon. Commission continued the request directing the applicant to provide actual pictures of the restaurant showing where proposed signage would be placed as well as color samples. B. Preliminary Plans : 1 . CASE NO. : TT._27561 APPLICANT (AND ADDRESS) : JASC'_ORP-forLWINTERHAVE_X,J79- 811 Country Club Drive, Suit A, Bermuda Dunes, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Pr eliminary approval of landscaping plan ' LOCATION: South side of Hovley Lane approximately 730 feet west of Portola Avenue ZONE: PR-5 2 CITY OF PALM DESERT / DEPARTMENT OF COMMUNITY DEVELOPMEN STAFF REPORT TO: Planning Commission DATE: August 18, 1992 continued from July 21, 1992 CASE NO: TT 27561 /�✓CG2/ REQUEST: Approval of a tentative tract map to create 288 " 2ingle family lots in the western portion of the Winterhaven development located in the PR-5 zoned property on the south side of Hovley Lane approximately 730 feet west of Portola Avenue. APPLICANT: JASCORP 79-811 Country Club Drive, Suite A Bermuda Dunes, CA 92201 I. BACKGROUND: July 21, 1992 this case was before planning commission. The applicant had designed the tract map to utilize the existing entrance from Hovley. The city attorney has expressed the opinion based on a review of the CC&R's that the developer of this vacant land is entitled to use this entrance provided that they pay their fair share of its maintenance cost. As a result of dispute of this issue planning commission continued the matter to allow the parties to meet to resolve this issue. July 29 , 1992 the applicant and members of the Winterhaven Homeowners Association met with city staff present. As of the writing of this report the matter has still not been resolved. OFFER: Prior to the case first going to planning commission the applicant had offered the association $28, 000 . This was to acquire access for the new residents to the existing tennis courts and general good will . At the July 21 meeting the Winterhaven residents objected to the project for a variety of reasons (see attached minutes) . RESPONSE 1 : As a result of the July 29 meeting the Winterhaven Homeowners Association responded with a letter August 3, 1992 . This response outlines a 10 point proposal which among other items has the applicant de-annex his property from the existing CC&R' s, pay Winterhaven Homeowners $28,000 at map recordation and $1, 000 per unit at close of escrow. JASCORP, the applicant, would be granted the right to use of certain facilities including the tennis courts and front gate provided they pay 50% of the ongoing maintenance. STAFF REPORT TT 27561 AUGUST 18, 1992 JASCORP is required to create a separate construction access . JASCORP is required to obtain architectural approval from the Winterhaven architectural committee and the Board of Directors prior to submitting plans to the city. In speaking with Mr. Swain he indicated he was considering Response 1 as well as other potential offers as follows : A. Payment of $28, 000 for access to tennis courts and good will and he would take over 100% long term cost of maintenance of the gate. B. A new entrance from Hovley is required for construction purposes . This will be west of existing gate and could become a permanent access and with a few minor modifications the JASCORP project could be self contained with a crash gate across Desert Springs Circle separating it from Winterhaven on the west side of Wimbledon Court. The rest of the common lot line would be walled off. II . CONCLUSION: Tentative Map 27561 proposes 28 single family lots which comply with the provisions of the zoning ordinance. The city attorney has opined that the developer of the vacant property is entitled to use of the gate provided they pay for its ongoing maintenance. III . RECOMMENDATION: Staff continues to recommend approval of the map subject to conditions . If the applicant chooses option 'B' above then he would not need to come to agreement with the Winterhaven Homeowners Association and he could proceed in a unilateral fashion. If JASCORP chooses to pursue an option which involves shared use of the entrance gate or other facilities then he will need to come to agreement with Winterhaven Homeowners Association. As of the writing of this report, JASCORP has not indicated the route it wishes to follow. If JASCORP chooses to attempt to work with he Winterhaven Homeownerhe onitions contained sin the July 21t 1992 Association hentreport can be utilized.and cAgreement of the parties could be required, pursuant to condition #6, prior to recordation of the map. If they fail to come to agreement then the map would never record. 2 STAFF REPORT TT 27561 AUGUST 18, 1992 If JASCORP chooses to create a new permanent entrance then the matter should be continued to allow the modification to the tentative map. IV. ATTACHMENTS: A. July 21 Report. B. City Attorney Memo. Prepared by Reviewed and Approved by SRS/tm 3 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)340-0574 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: August 19 , 1992 JASCORP 79-811 Country Club Drive, Suite A Bermuda Dunes, California 92201 Re: V/ T 27561 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of August 18, 1992 . PLANNING COMMISSION APPROVED TT 27561 BY ADOPTION OF RESOLUTION NO. 1586 , SUBJECT TO CONDITIONS. CARRIED 5-0. 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. RAMON AZ, EC ARY PALM DESERT PLANNVCOMMISSION RAD/tm cc : Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal I PLANNING COMMISSION RESOLUTION NO. 1586 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE 7. 79 ACRES INTO 28 SINGLE FAMILY LOTS, LOCATED ON THE SOUTH SIDE OF HOVLEY LANE 730 FEET WEST OF PORTOLA AVENUE CASE NO. TT 27561 WHEREAS. the Planning Commission of the City of Palm Desert , California, did on the 21st day of July, 1992, hold a duly noticed public hearing to consider the request of JASCORP for the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined that the project will not have a significant impact on the environment and has been previously assessed as part of TT 17994 and no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments. if any, of all interested persons desiring to be heard. said planning commission did find the following facts and reasons as justified In the staff report for TT 27561 , dated July 21 , 1992, on file in the department of community development, to exist the approve the tentative tract map: (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site Is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably Injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large. for access through or use of property within the proposed subdivision. WHEREAS, In the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. i PLANNING COMMISSION RESOLUTION NO. 1586 NOW. THEREFORE, BE IT RESOLVED by the Planning Commission of the City Pilm Desert. California, 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. TT 27561 , subject to fulfillment of the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 18th day of August, 1992, by the following vote, to wit: AYES: DOWNS, JONATHAN, RICHARDS, SPIEGEL, WHITLOCK NOES: NONE ABSENT: NONE ABSTAIN: NONE CAROL WHITLOCK, Chairperson ATTEST: RAM N A. DIAZ, Sec t SS/db 2 ii PLANNING COMMISSION RESOLUTION NO. 1586 CONDITIONS OF APPROVAL CASE NO. TT 27561 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. That pursuant to the State Map Act, said approval shall be in effect for two years. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statues now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval , the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That the setbacks and coverage limits for single family dwellings in this project shall be as required in the R-1 zone for 8,000 square foot minimum lot area as prescribed in Section 25. 16.050 of the zoning ordinance. 6. That during construction a fence be erected along the west limit of Wimbledon Court southerly extending across Winterhaven Circle to prevent access of construction vehicles through the existing Winterhaven development unless an agreement is otherwise executed. Department of Public Works: 1 . Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior to recordation of final map. Fees previously paid on subject property may be credited against current fees. 3 PLANNING COMMISSION RESOLUTION NO. 1586 2. Storm drain construction and retention area design shall be contingent upon a drainage study and design prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. 3. Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of final map. Fees previously paid on subject property may be credited against current fees. 4. Full private improvements, as specified in Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. 5. 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 project final . 6. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 7. Landscaping maintenance on Hovley Lane shall be provided by the homeowners association. 8. Waiver of access to Hovley Lane except at approved locations shall be granted on the Final Map. 9. 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. 10. Full improvements of Interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code shall be provided. 11 . 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. 12. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 13. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 4 a PLANNING COMMISSION RESOLUTION NO. 1586 14. Pad elevations, as shown on the tentative map are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 15. Property lines for the individual lots proposed by this subdivision shall be located at top of slope where applicable. 16. As required under Section 12. 16 and Section 26.44 of the Palm Desert Municipal Code, all existing utilities shall be undergrounded per each respective utility districts recommendation. If determined to be unfeasible, applicant shall agree to participate in any future utility undergrounding district. 17. Applicant shall agree to contribute their fair share of the assessed costs for the Cook Street Extension, Interstate 10 interchange and Bridge Fund. County Fire Marshal : 1 . With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized Fire Protection Standards: 2. Provide. or show there exists, a water system capable of providing a potential gallon per minute flow of 1500 for single family. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 GPM for two hours duration at 20 PSI residual operating pressure. 3. A fire flow of 1500 gpm for a I 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' for single family, 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. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the Fire Department prior to request for final inspection 6. 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 issues 5 PLANNING COMMISSION RESOLUTION NO. 1586 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 the 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". "System has been designed to provide a minimum gallon per minute flow of 1500. 7. All buildings shall be accessible by an ail-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments) . Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. Plan submitted is substandard. Cul-de-sacs shall be minimum of 45 feet radius. 8. 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 Knox Box over-ride system capable of opening the gate when activated by a special key 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 16' with a minimum vertical clearance of 13'6". 9. A dead end single access over 500' in length will require a secondary access, sprinklers or other mitigative measure. Plan submitted is substandard. Applicant to provide east half of area map. This may solve second access problem if there is a second access provided to Hovley Lane or adjacent development. 10. A second access is required. This can be accomplished by two main access points from main roadway or an emergency gated access into an adjoining development. 11 . All new residences/dwellings are required to have illuminated residential addresses meeting both City and Fire Department approval . Shake shingle roofs are no longer permitted in the Cities of Indian Wells, Rancho Mirage or Palm Desert. 6 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1992 C . Continued Case No. TT 27524 - WILSHIRE WEST, INC. , Applicant Request for approval of a tentative tract map subdividing 17 . 64 acres of PR 17 . 5 zoned land located on the south side of Hovley Lane, 1930 feet east of Portola Avenue into 82 single family lots having minimum lot sizes of 7200 square feet and minimum widths of 60 feet. Chairperson Whitlock noted that the applicant was requesting a 60 day continuance to October 20, 1992 . She asked if the applicant was present or anyone who wished to address the commission; there was no one. Chairperson Whitlock opened the public hearing and asked for a motion of continuance. Action: Moved by Commissioner Downs, seconded by Commissioner Spiegel, continuing TT 27524 to October 20, 1992 by minute motion. Carried 5-0 . OCase No. TT 27561 - JASCORP, Applicant Request for approval of a tentative tract map to create 28 single family lots in the western portion of the Winterhaven development located in the PR-5 zoned property on the south side of Hovley Lane approximately 730 feet west of Portola Avenue. Mr. Diaz reminded commission that this item was continued to allow the developer and existing homeowners to get together and come to an agreement. He noted that the agreement was before commission and recommended approval of the tentative map with the addition of this agreement as a condition to the community development department conditions . Chairperson Whitlock opened the public testimony and asked the applicant to address the commission. MR. JOE SWAIN stated that he did not want to address the commission at that point. Chairperson Whitlock asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal . 7 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1992 MRS . JOAN GOLDBERG of Winterhaven, stated that they had reached a tentative agreement that was subject to the approval of their membership. She said that their meeting was on September 19 and the proxy votes were due in on September 10 . She was confident that everything would go well . Commissioner Spiegel asked if this item was approved now and the homeowners association did not approve the agreement, what would happen. Mr. Hargreaves indicated that a condition of approval based on an action by two outside parties was not appropriate. Mr. Diaz noted that if the agreement was not ratified, all the other conditions would apply and the map would proceed. Commissioner Richards stated that in the past the commission had not intervened in those disputes . Commission discussed a continuance to September 15 to wait for the results of the ballots . Mrs . Goldberg clarified that the vote would be done solely by proxy and the deadline was September 10 . Commissioner Jonathan asked if Mr. Swain agreed with a continuance to allow for this action. MR. JOE SWAIN stated that money was an issue. He said that he had signed an agreement with the homeowners association that he would honor. He informed commission that the four week continuance from last month to this month cost him over $13,000 and another postponement would be another $13, 000 and it was a hardship. He said that he needed a decision now. He said that the CC&R' s had to be re-written, there was a budget being done that had to go to the department of real estate and all that was needed was the planning commission approval . He informed commission that he had made a commitment to the College of the Desert to give them a piece of the donation for the construction management because he wanted to give some of the money back to the community. He stated that a continuance would be a financial hardship. He asked for an action that would allow him to proceed. Commissioner Jonathan noted that Mr. Swain could not go forward until the homeowners vote came in; he would have the planning commission approval a few days following that vote so this would not be a delay to continue it to September 15 . Mr. Swain stated that the last time when he was here when he could not get a decision, he filed an action against the homeowners association to get a decision. He said that there had been some discovery and an opinion that stated that the access rights to the property could exist through the main entry with 8 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1992 or without their approval, except that he wanted an amicable solution and fair share. He signed a document that they would pay half the maintenance costs and contribute capital in exchange for using the tennis courts . He felt that if he had to go another 30 days he would have to re-evaluate his position. Commissioner Richards noted that when a developer come to the city with a proposal, they put their money up and take their chances . When Mr. Swain came before the commission at the last hearing, he did not have the part to the equation that was needed. He was attempting to rescue a situation to the benefit of himself and the city attorney indicated serious problems in dealing with a condition that handles an outside body; the commission was attempting to do what it could, but an applicant took their chance when proposing something. Mr. Hargreaves stated that if the project were approved with the agreement as a condition, if it turned out the agreement was not adopted by the homeowners association, the agreement would disappear as a condition and the project would go forward without this condition and with all the other conditions intact. If commission was prepared to approve the project with or without the agreement, not withstanding that the agreement might disappear in another month, then they could do so. Commissioner Jonathan asked if the agreement was even relevant to what the commission was considering. He said they were looking at a map and if the applicant had to gain legal rights from the association, they could just approve the tract map and it was up to him and them to work the situation out. Mr. Hargreaves indicated that if the project could stand alone without the agreement and meets the codes and the city did not have a problem with proceeding without the agreement, then commission could proceed. Commissioner Jonathan felt the agreement had only to do with whether or not the applicant could get access to the map as submitted. Mr. Diaz stated that the matter had been continued in order to get this matter straightened out; that was done between the board and the applicant . He said that the board spoke as representative of the residents on occasion and if the commission placed the condition on the map to "hammer" that out, if it was not voted in then they would have to fight out the action. He recommended that commission approve it with the understanding the if the homeowners don't approve it, they will end up in court. Commissioner Jonathan asked why the city would condition the approval on the homeowners association voting yes . If they did that and the homeowners said no, then the attorneys could get together and the developer would have to 9 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1992 come back. Mr. Hargreaves indicated that this was a disappearing condition and if it was not agreed upon, it would disappear and the project could proceed without it. He said that the project had to be able to stand alone without any kind of agreement from the homeowners association, but if the project needed an access and this was the only contemplated access, then that was another matter. Commissioner Jonathan stated that was a condition of the tract map; if he could not get that access, then he could not do the project. Mrs . Goldberg noted that in the contract between the developer and homeowners association, Mr. Swain was requesting access through their gate and use of the tennis courts . She said that if Mr. Swain chose to offer another access, then he would just have to deal with the city. She indicated that he wanted his development to be part of their organization as far as the closed community, the gate, the phone system and access to the phone system to enhance the sale of his property. She felt the commission should wait until the result of their vote was in. MR. BILL DALENSKY, homeowner in Winterhaven and on the negotiating committee, felt there was more involved in the agreement than just access to the gate and use of the tennis courts; there was the problem if their membership voted negative, which he hoped they wouldn't, but if they did his layout it would not be acceptable because two of Mr. Swain' s lots were entering onto their streets . Mr. Diaz stated that whether or not Mr. Swain had access would be a separate legal condition if the agreement was rejected. Chairperson Whitlock closed the public testimony. Commissioner Richards moved to continue this matter to September 15 . Commissioner Downs seconded the motion. Commissioner Downs said that the continuance would be faster then going back to court for a decision. Commissioner Richards said that he was assuming that in the by-laws this was the only way the board could pass something of this nature; there was acknowledgement from the audience. Commissioner Jonathan felt this was unfair to the developer; he had presented a tract map that could stand on its own and if he was not able to acquire access through the vote of the homeowners or through the operations of the courts, he would have to come back. Commissioner Spiegel asked if the developer could do anything before the vote on the loth. 10 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1992 Commissioner Jonathan felt that he probably could and did not see a need for the commission to review it again. The tract map would not change between now and then and if they do or don' t get the vote, that wasn't the commission' s concern. Commissioner Spiegel clarified that it should be passed on the condition and if the condition was not met then the developer would come back with a new set of plans with revised access . Commissioner Jonathan concurred. Commissioner Spiegel said that he had no problem with that. Commissioner Richards stated that he did not like a stamp of approval that was conditioned upon a vote that the commission had no control over. Mr. Hargreaves noted that when a condition was attached to a project, for a tentative map there was a process whereby it was determined if the conditions had been met and if they have, they go ahead with the final . The problem with the agreement was that it was a long-term agreement. It wouldn't be completed by a particular date in the future and there were ongoing parts of the agreement that would never be met and was for the life of the association (i .e. 50% of the maintenance fees ) and did not know if the commission should place those kinds of terms into the conditions of approval . Commissioner Richards felt that was a good point. Commissioner Jonathan noted that the condition of approval was entering into the agreement, not performing the agreement. Mr. Hargreaves stated that to get around that one of the conditions of approval could be an agreement between the developer and homeowners association. Mr. Diaz said that was the intent. Commissioner Richards stated that he would withdraw his second. Chairperson Whitlock noted that the commission had dealt with gated community issues in the past and they had always deferred the problems behind those gates for resolutions amongst those owners and did not see why it should be different in this case. She said that because the map could stand alone she was in favor of passing the project. Commissioner Downs stated that he would move for approval . After further discussion it was clarified that the approval was without a condition requiring the agreement. Commissioner Richards seconded the motion. Commissioner Richards asked Mr. Diaz if he concurred with commission' s decision; Mr. Diaz noted that what would occur was that if an agreement was not reached, then the homeowners association would have to litigate and the issue of access would be determined by the courts . 11 MINUTES PALM DESERT PLANNING COMMISSION AUGUST 18, 1992 Action: Moved by Commissioner Downs, seconded by Commissioner Richards, adopting the findings as presented by staff . Carried 5-0 . Moved by Commissioner Downs, seconded by Commissioner Richards , adopting Planning Commission Resolution No. 1586, approving TT 27561, subject to conditions . Carried 5-0 . VIII . MISCELLANEOUS None. IX. ORAL COMMUNICATIONS None. X. COMMENTS None. XI . ADJOURNMENT Moved by Commissioner Spiegel, seconded by Commissioner Downs, adjourning the meeting to September 1, 1992 by minute motion. Carried 5-0 . The meeting was adjourned at 9 : 35 p.m. RAMON A. DIAZ , Secretary ATTEST: CAROL WHITLOCK, Chairperson Palm Desert Planning Commission /tm 12 f CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: August 18, 1992 continued from July 21, 1992 CASE NO: TT 27561 REQUEST: Approval of a tentative tract map to create 28 single family lots in the western portion of the Winterhaven development located in the PR-5 zoned property on the south side of Hovley Lane approximately 730 feet west of Portola Avenue. APPLICANT: JASCORP 79-811 Country Club Drive, Suite A Bermuda Dunes, CA 92201 I . BACKGROUND: July 21, 1992 this case was before planning commission. The applicant had designed the tract map to utilize the existing entrance from Hovley. The city attorney has expressed the opinion based on a review of the CC&R' s that the developer of this vacant land is entitled to use this entrance provided that they pay their fair share of its maintenance cost. As a result of dispute of this issue planning commission continued the matter to allow the parties to meet to resolve this issue. July 29 , 1992 the applicant and members of the Winterhaven Homeowners Association met with city staff present. As of the writing of this report the matter has still not been resolved. OFFER: Prior to the case first going to planning commission the applicant had offered the association $28,000 . This was to acquire access for the new residents to the existing tennis courts and general good will . At the July 21 meeting the Winterhaven residents objected to the project for a variety of reasons (see attached minutes) . RESPONSE 1 : As a result of the July 29 meeting the Winterhaven Homeowners Association responded with a letter August 3, 1992 . This response outlines a 10 point proposal which among other items has the applicant de-annex his property from the existing CC&R' s, pay Winterhaven Homeowners $28, 000 at map recordation and $1,000 per unit at close of escrow. JASCORP, the applicant, would be granted the right to use of certain facilities including the tennis courts and front gate provided they pay 50% of the ongoing maintenance. J STAFF REPORT TT 27561 AUGUST 18, 1992 JASCORP is required to create a separate construction access . JASCORP is required to obtain architectural approval from the Winterhaven architectural committee and the Board of Directors prior to submitting plans to the city. In speaking with Mr. Swain he indicated he was considering Response 1 as well as other potential offers as follows : A. Payment of $28,000 for access to tennis courts and good will and he would take over 100% long term cost of maintenance of the gate. B. A new entrance from Hovley is required for construction purposes . This will be west of existing gate and could become a permanent access and with a few minor modifications the JASCORP project could be self contained with a crash gate across Desert Springs Circle separating it from Winterhaven on the west side of Wimbledon Court. The rest of the common lot line would be walled off. II . CONCLUSION: Tentative Map 27561 proposes 28 single family lots which comply with the provisions of the zoning ordinance. The city attorney has opined that the developer of the vacant property is entitled to use of the gate provided they pay for its ongoing maintenance. III . RECOMMENDATION: Staff continues to recommend approval of the map subject to conditions . If the applicant chooses option 'B' above then he would not need to come to agreement with the Winterhaven Homeowners Association and he could proceed in a unilateral fashion. If JASCORP chooses to pursue an option which involves shared use of the entrance gate or other facilities then he will need to come to agreement with Winterhaven Homeowners Association. As of the writing of this report, JASCORP has not indicated the route it wishes to follow. If JASCORP chooses to attempt to work with the Winterhaven Homeowners Association then the recommendation and conditions contained in the July 21, 1992 report can be utilized. Agreement of the parties could be required, pursuant to condition #6, prior to recordation of the map. If they fail to come to agreement then the map would never record. 2 STAFF REPORT TT 27561 AUGUST 18, 1992 If JASCORP chooses to create a new permanent entrance then the matter should be continued to allow the modification to the tentative map. IV. ATTACHMENTS: A. July 21 Report. B. City Attorney Memo. Prepared by Reviewed and Approved by SRS/tm 3 LAW OFFICES OF BEST, BEST & KRIEGEK August 13, 1992 MEMORANDUM R E c F-g V E D AUG 131992 TO: Steve Smith, Planning Dept. LOMhu"crvO PAALM`DESERTA""F"' City of Palm Desert FROM: Dave Erwin, City Attorne� RE: Jascorp - Tentative Tract 27561 Steve: I previously reviewed the application and the CC&R's relating to this application and the adjacent property. Ideally an agreement hopefully can be worked out with the adjacent homeowners ' association. Failing such an agreement, the application should be modified with a separate entrance for this applicant and property. DJE/vcd DJE26117 MINUTES PALM DESERT PLANNING COMMISSION JULY 21 , 1992 Action: Moved by Commissioner Richards, seconded by Downs, adopting the findings as presented by staff . Carried 3-1 (Commissioner Spiegel voted no) . Moved by Commissioner Richards, seconded by Commissioner Downs, adopting Planning Commission Resolution No. 1581, recommending to city council approval of PP 92-4, subject to conditions . Carried 3-1 (Commissioner Spiegel voted no) . Case No. TT 27561 - JASCORP, Applicant Request for approval of a tentative tract map to create 28 single family lots in the western portion of the Winterhaven development located in the PR-5 zoned property on the south side of Hovley Lane approximately 730 feet west of Portola Avenue. Mr. Smith explained that the request was to place a new tentative map over a previously mapped portion of the Winterhaven Development. He outlined the salient points of the staff report. He explained that access would be taken from the existing gate onto Hovley Lane and the lots would be limited to single story and 35% maximum lot coverage. One area of concern to staff was that the developer needed to come to some agreement as to cost sharing for the use of the gate and the long-term maintenance. He noted a condition was added to address that issue. He said that staff would recommend approval of the map as submitted subject to conditions . He explained that there was a down turn in the condominium market and an up turn in the single family market and they were looking to overlay the proposed map with the previous one. Commissioner Spiegel asked if there would be a problem with the new units using the existing tennis courts and swimming pool at Winterhaven. Mr. Smith replied that they needed to negotiate an agreement for the cost of the monthly fees . Chairperson Whitlock opened the public testimony and asked the applicant to address the commission. MR. JOE SWAIN, JASCORP, distributed a copy of the original map to the commission. He said that the purpose of having this single family units instead of condominiums was because there was not a market for 29 MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1992 condominiums right now. He felt it was a straight forward plan and they were utilizing most the circulation as it existed and indicated that it would be a strong compliment to the community. He noted that Hovley Lane had developed into a strong single family community and this was a continuation of that. Commissioner Downs asked about the agreement with the homeowners association. Mr. Swain stated that he introduced himself to the homeowners association in March or April and informed them that he had the intention of purchasing the property. He met with the board of directors of the homeowners association with the conceptual plan. He said that it had not changed much and wanted a reaction from commission about what they thought about the single family as opposed to the condominium. He indicated that there was some conversation about the 43 homeowners as opposed to an additional 28 homeowners because they would have less dues . In looking at the amount of greenbelt being added and an additional two swimming pools and the existing homeowners dues, they felt their dues were too high. He said that the only thing that would be offset would be the Hovley Lane greenbelt on the outside of the perimeter wall and the gate. He proposed that they would participate in that anyway, whether it was 43 homeowners or not. He made a presentation to the board from a standpoint of his going forward or not. They said that they would have to take it back to their homeowners, but if they were to vote that day, they would approve the proposal . He indicated there was also another person there, the property manager, who said that she could not vote, but would give him her moral support. He said that it was an unfortunate situation where he came before them with a plan and really wanted to have a workable situation with the homeowners association and had numerous meeting and they actually got close at one point where a suggestion was made that he offer them money. He stated that he made them a proposal and was told that this might be the grease that it would take to put this thing to rest. He said that as it unfolded, the meeting never took place and as one homeowner indicated, it was not enough of an offer. Had he been the original owner, he would not have given a cash contribution back to the original homeowners . He was doing it to come in and get the support if that was what it took. He felt there wasn' t objection to the plan, but the issue was money. 30 i MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1992 He said that he was receptive to the conditions and if the homeowners association would work with him. He indicated that he never once received a written response. The only thing he wanted to add to the proposal was to get an agreement that if they won't come to the party, could it be done by mutual arbitration and get someone not emotionally involved with the project to make a decision. Commissioner Downs asked what the applicant would do if he couldn't get access to the gate. Mr. Swain replied that he had an ALTA land survey title that stated that there was no other access to the project except through the gate. Commissioner Spiegel said that on the original plan Mr. Swain distributed, it showed another swimming pool . Mr. Swain indicated it showed two other swimming pools . Commissioner Spiegel noted there was at least one in the area that was proposed for development and asked if Mr. Swain was going to delete the pool . Mr. Swain replied that was correct; the theory was that every homeowner would have their own pool . Commissioner Spiegel asked if they didn't have their own pool, if they would have access to the other existing pools . Mr. Swain replied that they would not and proposed that they would not. He said that was a concern of the homeowners early on. In the current association he proposed to deannex his portion from that annexation and have a shared use agreement. That would be for use of the main gate, fire/emergency circulation or an evening walk and rather than have a we/they atmosphere, he wanted a community atmosphere. Commissioner Spiegel asked about the tennis court. Mr. Swain said that it would have to be negotiated in a shared use agreement and in the event that an agreement could not be made, then he did not see them playing any tennis there. He indicated that as it stood, there was not much tennis being played on those courts, but that was another thing that was part of the monetary contribution. He stated that it was a correct use for the project. He indicated that most of the units averaged 9200 square feet; the 13,900 was an unusually large lot. Commissioner Richards commented that single family homes with yards and fences had a tendency to have more children. People who buy condominiums generally liked the turn-key facet and the sharing of the expenses on a community-wide basis . He did not feel that the applicant was in a good bargaining position. He felt that the uses were like mixing apples and oranges . He 31 v MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1992 indicated that the project should be conditioned that all of these issues be worked out. He did not feel that the commission should be asked to fight the developers battle for him. He indicated that more needed to be accomplished. Mr. Swain said that the matter was brought to the city attorney who rendered an opinion regarding the access issue. With regard to fighting the battle, he had been in there on his own and did not mean to come across as asking the commission to join him in that effort. He was just stating that it had been frustrating that he couldn't get a response. He wanted a neutral party. Chairperson Whitlock reaffirmed that the planning commission would not be the party to help in that endeavor. Chairperson Whitlock asked if anyone wished to address the commission in FAVOR or OPPOSITION to the proposal . MRS . JOAN GOLDBERG, Vice President of Winterhaven Homeowners Association. She said that they did have a group of homeowners present this evening. She indicated that they had difficulty with Mr. Swain in regards to their negotiations . She stated that he misrepresented the truth many times to them and he failed to tell the commission that each party had obtained lawyers and have had a complaint filed in the Indio Court in regard to their property. She said that Mr. Swain told them that he owns part of their gate and tennis courts. This was not true. As a result of this it had caused both of them to engage attorneys to defend their property. Mr. Swain had approached them to try and negotiate with their consent on how he wanted to develop his property. They did not want to stop him from developing his property, but they did want their fair share of what he requested from them. He did want use of the gate, the use of the tennis court, and he wanted it an enclosed community which would add prestige to his lots . That was their negotiating factor to what he would be contributing to them. At this point nothing had been settled and talk and ceased. They had meetings with their homeowners asking their views in regard to their wishes which they compiled and were willing to talk in negotiations, but they wanted the planning commission to be aware that he did not make truthful statements to the commission, their association or his own attorney. MRS. BROWN, owner in Winterhaven, commended their vice president for speaking the facts . She added that of the 32 MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1992 developments on Hovley, none were in gated communities . The only gated communities on Hovley were Casablanca and Winterhaven because they were condominiums . She did not see a need for the developer to "latch" onto them with their gate and did not know why he insisted upon it when he had been successful in building other homes there and not one was in a gated community. They all had street access to Hovley, which would save him a couple of homes . He was not telling the commission all the facts and she wanted this as part of the consideration. MR. DON GOLDBERG, resident of Winterhaven, stated that they had tried to work out a mutual deal and were misrepresented by Mr. Swain when he told them that half the gate and tennis courts belonged to him and there were survey markers at that point, but they were not the property line. They came to city hall and verified that the property line was never changed. He said that broke their confidence in Mr. Swain and then he admitted that was not correct and they went ahead and entered into an agreement with him for the property and one of the conditions was that they told him they had no money to spend on the gate or additional landscaping or improvements at that point and he said that he would pay for all of the changes he wanted to make to the gate, the telephone system and landscaping. He would pay for everything himself. They agreed and he put it in the form of a letter from his attorney signed by him and in paragraph four of that letter it stated that they would enlarge and work on the gate and share the cost which was contrary to their verbal agreement at the meeting. After this was called to Mr. Swain' s attention, he said that his lawyer made a mistake which he did not know was there when he signed it. That letter was dated May 13 . After he admitted that was in error and he would pay for the improvements, then he came back with one or two items . They did not respond because they did not know how to respond to it because every time something was agreed to it came back different. He said that they want the property to be developed which would materially increase the value of their property, but they felt that they had to be compensated and protected. The insurance rates would go up, the maintenance for streets would go up and they did not want him to use their main gate for construction under any conditions . He stated there was cobble stone decorative paving at the gate area and wires under them for the automatic opening and closing of the gates that would be ruined by any trucks . He read the 33 . MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1992 paragraph from the letter, "JASCORP may, but only with prior approval of the board of directors of Winterhaven, make capital improvements and modifications to the front gate and its related facilities and/or the tennis courts and its related facilities. JASCORP and Winterhaven shall equally divide the cost of any such capital improvements provided the maintenance repair, replacement, reserve costs shall continue to be shared. " He said at no point did they agree to pay for that and specifically said they would not and could not pay for that. He indicated that was where the negotiations broke down and shortly thereafter Mr. Swain filed suit against them, which was just answered in Superior Court in Indio on July 16 and each and every one of his allegations were denied and were now pending on litigation on that situation. He said they were willing to negotiate with Mr. Swain to make a deal to let him build. He noted that the first builder of Winterhaven went into bankruptcy; the property was then taken over by Progressive Savings and Loan of E1 Hambra, who ultimately went into foreclosure and Mr. Swain purchased the property at a greatly reduced price from the RTC and he did not have all his plans made when he bought the property. He said they were ready to do business, but on reasonable terms . Chairperson Whitlock closed the public testimony and asked for comments by the commission. Commissioner Spiegel felt that the commission should not take any action until there was a resolution between the builder and the residents . Commissioner Richards indicated that the construction, gate and the other issues needed to be worked out before this application could go any further. He asked how much time the developer would need for a continuance. Mr. Diaz stated that staff would be willing to sit down with both parties providing they leave their legal counsel at home to see what could be worked out. If they could not work something out, staff would come back and tell the commission. Chairperson Whitlock asked Mr. Swain how much time he would need to meet with the homeowners . Mr. Smith suggested at least one month. Chairperson Whitlock noted that would be the meeting of August 18 . Mr. Swain and Mrs . Goldberg agreed to the continuance date. Chairperson Whitlock reopened the public testimony and asked for a motion. 34 P MINUTES PALM DESERT PLANNING COMMISSION JULY 21, 1992 Action: Moved by Commissioner Downs, seconded by Commissioner Richards, continuing TT 27561 to August 18, 1992 by minute motion. Carried 4-0 . G. Case No. C/Z 92-3 - CITY OF PALM DESERT, Applicant Request for consideration of a recommendation of approval to the city council of the prezoning of the Suncrest Country Club site located on the north side of Country Club Drive and east side of Monterey Avenue RIM (Single Family/Mobile Home Residential District) for the purpose of facilitating annexation of the area to the City of Palm Desert and approve a Negative Declaration of Environmental Impact pertaining thereto. Mr. Smith outlined the salient points of the staff report. He informed commission that he met with Mr. Befeld last week and discussed the annexation. He expressed opposition at that time for a variety of reasons, although the city' s rent control ordinance was not one of the obstacles in that he indicated he had long term leases with the majority of his residents . Mr. Befeld expressed concern that non-property owners could initiate and in effect force the annexation of his property even though he could be opposed. Mr. Smith explained that state law allows for registered voter petitions to be one basis for making application to LAFCO. In this instance the city council received a petition at this first meeting in June that was signed by 265 people, of which 15 were Mr. and Mrs . , so there was a potential of 280 total signees . He indicated this represented 227 of the 340 occupied spaces . He noted that state law allows registered voters to initiate annexation requests such as this and it took as little as five percent of the registered voters residing in the area. The city council received the petition and referred it to staff for processing. Mr. Smith stated that he spoke with Mr. Befeld before the meeting and was told he would be requesting a continuance. He also had a call this afternoon from a gentleman asking how this annexation could impact their ability to get a traffic signal at the entrance of their project in that the city had been working with Mr. Befeld for some time to get that signal . Mr. Smith stated that staff ' s recommendation was that commission recommend to 35 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: July 21 , 1992 CASE NO. : TT 27561 REQUEST: Approval of a tentative tract map to create 28 single family lots in the western portion of the Winterhaven development located in the PR-5 zoned property on the south side of Hovley Lane approximately 730 feet west of Portola Avenue APPLICANT: JASCORP 79-811 Country Club Drive, Suite A Bermuda Dunes, CA 92201 1. BACKGROUND: A. General • June 25, 1981 city council approved a 62 unit condominium development on 13.2 acres. September 20, 1983 planning commission reviewed and approved an amendment to TT 17994 to allow 71 condominium units on 14.25 acres. This plan included the property at the southwest corner of the site which was not previously included. The final maps were subsequently recorded and 28 condominium units constructed in the east part of the project along with tennis court and swimming pool . The westerly 7.79 acres is vacant and is now subject to this current tentative map. B. Description of Site: The site is basically rectangular and has an existing perimeter street which connects through the existing 28 unit project. Access will be taken from the existing gated entry onto Hovley Lane. C. Ad.iacent Zoning/Land Use: North: PR-5/Condominiums South: PR-5/Condominiums East: PR-5/Single Family Homes West: PR-5/Vacant STAFF REPORT CASE NO. TT 27561 JULY 21. 1992 D. Zoning and General Plan Designation: The property is designated low density residential 3-5 dwelling units per acre in the general plan and is zoned PR-5. Twenty eight (28) lots on 7.79 acres is fewer units than previously approved and is 3.6 units per acre. The lots vary in size from 8,000 square feet to 13,913 square feet. E. Zone Requirements: The PR zone allows a broad range of residential uses, one of which is single family dwellings. The minimum size single family lot in the city is the R-1 8,000 zone. R-I 8,000 Standards Proposed Lot area 8,000 square feet 8,000 - 13,913 square feet Lot width 70 feet 70 feet Building height 18 N/A Coverage limit 35% N/A Minimum rear yard 15% N/A Minimum side yards 14' total to 5' minimum N/A Minimum front yard 20 feet N/A Plans for dwellings on these lots are not available at this time. However, development will be conditioned to comply with the R-1 8,000 standards as per Municipal Code Section 25. 16.050. F. Project Description: The proposed is to create 28 single family lots on 7.79 acres (3.6 units per acre) . Access is from the existing gated entrance on Hovley Lane on existing 36 foot wide private streets. 11 . AREAS OF CONCERN: The existing section is presently developed and has an operating homeowners association. The access gate is located most adjacent to the existing developed homes. A review of the C.C.BR. 's by the city attorney concludes that Jascorp is entitled to use the existing access and gate facility and street system. Jascorp advises that it is negotiating an agreement with the existing homeowners association to pay its fair share toward the long term maintenance costs for the entry gate and streets. This will be so conditioned. 2 STAFF REPORT CASE NO. TT 27561 JULY 21. 1992 II1 . ANALYSIS: A. FINDINGS NEEDED FOR APPROVAL OF THE TENTATIVE TRACT MAP: 1 . That the proposed map is consistent with applicable general and specific plans. Justification: The proposed map is consistent with the zoning and the zoning is consistent with the general plan. Compliance with the conditions and mitigation measures will assure consistency with the general plan. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Justification: All public streets will be dedicated and improved and sufficient drainage facilities will be provided in conformance with the general plan guidelines and city ordinances. 3. That the site is physically suitable for the type of development. Justification: The 7.79 acre site is of sufficient size to accommodate the proposed project and the topography of the site does not create significant problems. 4. That the site is physically suitable for the proposed density of development. Justification: The design of the project indicates that the site is suitable for the proposed density of development because the site can be served by respective utilities and, as conditioned, to provide full traffic circulation and is designed in compliance with all city codes. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 3 STAFF REPORT CASE NO. TT 27561 JULY 21. 1992 Justification: The design will not cause substantial environmental damage or injure fish or wildlife or their habitat because it will be constructed in compliance with applicable regulations and the proposed negative declaration has determined that there will be no related adverse environmental effect which cannot be mitigated. 6. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems Justification: The design will not cause serious public health problems because it will be in compliance with applicable health, safety and building codes. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Justification: There are no easements acquired by the public at large for access or use of property within the proposed subdivision. 8. That the design of the subdivision or the type of improvements will not restrict solar access to the property. Justification: The project has been designed to conform to code requirements and will not impact solar access to adjacent properties and will provide adequate solar access to this property. IV. ENVIRONMENTAL REVIEW: Tentative Tract No. 17994 provided for up to 43 residential units on this property and was reviewed for compliance with CEQA. This new tentative map proposes 28 residential units versus the previous 43 units. Much of the infrastructure has been constructed. Any impacts associated with the development of this property have been previously assessed. In addition. there are 37 percent fewer units proposed at this time; therefore. no further environmental documentation is necessary. 4 STAFF REPORT CASE NO. TT 27561 JULY 21, 1992 V. RECOMMENDATION: A. Adoption of the findings B. Adoption of Planning Commission Resolution No. approving TT 27561 , subject to conditions VI . ATTACHMENTS: A. Draft resolution B. Legal notice Prepared by: Reviewed and Approved by: SRS/db 5 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE 7.79 ACRES INTO 28 SINGLE FAMILY LOTS, LOCATED ON THE SOUTH SIDE OF HOVLEY LANE 730 FEET WEST OF PORTOLA AVENUE CASE NO. TT 27561 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 21st day of July, 1992, hold a duly noticed public hearing to consider the request of JASCORP for the above mentioned project; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act, Resolution No. 80-89," in that the director of community development has determined that the project will not have a significant impact on the environment and has been previously assessed as part of TT 17994 and no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons as justified in the staff report for TT 27561 , dated July 21 , 1992, on file in the department of community development, to exist the approve the tentative tract map: (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs, with available fiscal and environmental resources. PLANNING COMMISSION RESOLUTION NO. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the commission in this case; 2. That it does hereby approve the above described Tentative Tract Map No. TT 27561 , subject to fulfillment of the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of July, 1992, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SS/db 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. TT 27561 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file with the department of community development/planning, as modified by the following conditions. 2. That pursuant to the State Map Act, said approval shall be in effect for two years. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statues now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval , the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be Presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That the setbacks and coverage limits for single family dwellings in this project shall be as required in the R-1 zone for 8,000 square foot minimum lot area as prescribed in Section 25. 16.050 of the zoning ordinance. 6. That the applicant negotiate an agreement with the existing Winterhaven Home Owners Association for the shared use and the long term maintenance and cost of the entry gate and street system and any other item of mutual concern. Said agreement may be based on the number of lots proposed. 7. That the applicant negotiate an agreement with the Winterhaven Home Owners Association to use the existing entrance from Hovley Lane as the construction entrance otherwise a new, temporary construction entrance shall be provided from Hovley Lane at the west end of the property or through the adjacent vacant property to the west. 3 PLANNING COMMISSION RESOLUTION NO. B. That during construction a fence be erected along the west limit of Wimbledon Court southerly extending across Winterhaven Circle to prevent access of construction vehicles through the existing Winterhaven development. Department of Public Works: 1 . Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior to recordation of final map. Fees previously paid on subject property may be credited against current fees. 2. Storm drain construction and retention area design shall be contingent upon a drainage study and design prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works Prior to start of construction. 3. Signalization fees, In accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of final map. Fees previously paid on subject property may be credited against current fees. 4. Full private improvements, as specified in Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable city standards. 5. 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 project final . 6. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. 7. Landscaping maintenance on Hovley Lane shall be provided by the homeowners association. B. Waiver of access to Hovley Lane except at approved locations shall be granted on the Final Map. 9. 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. 10. Full improvements of interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code shall be provided. 4 PLANNING COMMISSION RESOLUTION NO. 11 . 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. 12. Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. 13. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 14. Pad elevations, as shown on the tentative map are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 15. Property lines for the individual lots proposed by this subdivision shall be located at top of slope where applicable. 16. As required under Section 12. 16 and Section 26.44 of the Palm Desert Municipal Code, all existing utilities shall be undergrounded per each respective utility districts recommendation. If determined to be unfeasible, applicant shall agree to participate in any future utility undergrounding district. 17. Applicant shall agree to contribute their fair share of the assessed costs for the Cook Street Extension, Interstate 10 interchange and Bridge Fund. County Fire Marshal : 1 . With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized Fire Protection Standards: 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of I500 for single family. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 GPM for two hours duration at 20 PSI residual operating pressure. 3. A fire flow of 1500 gpm for a I hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 5 PLANNING COMMISSION RESOLUTION NO. 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' for single family, 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. Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the Fire Department prior to request for final inspection 6. 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 the 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". "System has been designed to provide a minimum gallon per minute flow of 1500. 7. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments) . Fountains or garden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. Plan submitted is substandard. Cul-de-sacs shall be minimum of 45 feet radius. 8. 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 Knox Box over-ride system capable of opening the gate when activated by a special key 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 16' with a minimum vertical clearance of 13'6". 6 PLANNING COMMISSION RESOLUTION NO. 9. A dead end single access over 500' in length will require a secondary access, sprinklers or other mitigative measure. Plan submitted is substandard. Applicant to provide east half of area map. This may solve second access problem if there is a second access provided to Hovley Lane or adjacent development. 10. A second access is required. This can be accomplished by two main access points from main roadway or an emergency gated access into an adjoining development. 11 . All new residences/dwellings are required to have illuminated residential addresses meeting both City and Fire Department approval . Shake shingle roofs are no longer permitted in the Cities of Indian Wells, Rancho Mirage or Palm Desert. SRS/db 7 IN THE CITY OF PALM DESERT RIVERSIDE COUNTY, CALIFORNIA ° TENTATIVE TRACT NO. 27561 NOVLEV _ m _ —LANE _ _ _ _ _ SITE 01 DR/o(vLLaPER b [Y iivu of ounii,[iui°in'u It. _ (NGIHELR/x•P PP[P•P[R LOT•— GUAGUE [ :M:[Iw�o;xo'm[D.xl.x.°. LOCATION MAP } 1n0...-,TV, AID V LOT S ,AA �p /�•,. „Ir —L .. y+.- u' , jCSEe4eC� Y �I ASSESSOR'S`PARCEL NUMBERS IAD=(f=20 s — 9,206 Sf r 9.20e IF IT9.E06 $f A 9.136$f AD=20 e ] AG104 ], f(=20 5 n SECTION •-• 1 \ I 11:f \ - P•D=:a%s- P.o=io..6- P•D=:o..e` rr-_i ss _ "i s zoNIXD AxD uxo usE 1 I P•D=z�s.o- Ee,lm s( _ _ _ _ — _ _ _ EXISTINGf rr=iD2.5_ _ — _ — _ _ _ TENNIS COURTS _pA0=201 E_ _ _ _ — r5=301.5s .. ^� ....ate'-'r-'i"1- � i.IEMI E oi[rrii s r SECTION B-B x°ro5m—I All I., YJ ]] l T5. 11.12. IF- \ V // / ( A ��i GENERAL PLAN DEs6NATmx 'I I, PAD=zoos FO 010 �r 1 lo./m1 sr u.vt sr _—. �\ r ..°.°:<°...> w310° --21099 0\%/(fj19e) X i(=119e7 R' j 1.151 $r 1I\ P D 19e5 10=1.82 IJ d J UTILITIES _ I _ TV $T PA0=199I1 ff=19B5 yD)I { EXISTING .-PLE% _ ff=200.i YAD�9e.0 ff=19].59 n� �PID=199.) / I r e» x.1[v [°I All Ill. ,[x[ux., x».[, Ixx[.x ay. _ yy[ gQ 1 9560 IF ^ .� MADE - v.1[,I.'-'r INTER _ _ "t \ '9.15] 5r\ I 9 [1[[x,[ [w[I— I' n[b1. OUT xa-[as1 1. rr 198. ,I IPAD 96.9 : [.1xID.N[1r [A x»Ix°la.x a[r x p)095( 4 P•DIL y19J.9 us s. 11Dn sT I I' 91A0 ME :. 6 I �.T- I 'L.' 'F xx.xDx ••'�:..x[, [. [.... Dao,n„ 1 1 f' i :5 rr_19e: 1 I BpeS sr I 916o sr ;. 83- .1x i\• J 1 A P•D=I9].] 1s / 1 0 \ AD w°,D.[. ,nw f=1995 (T=199.0 f(=19J.21 o s[xDL - D5[xm[I.II PAD=1985 y f(=19 3 PAD I:(PA0=1990/ Y A 1 1 y PAD-19).] a = 11 1 x p wp° < Ja° �� AREAS y ` L + III1 9i9. 1.'. �'I e1D02 5` aD08 Sr 6.D06 sf e.G.0 sr L, T p /', " I i — v�n7sr pA a 31 12 1, i s r9 413 Sr ] ] ffc]00.0 Do . I ff=19) ff 19]1 f(=196.9 x ((c 1916.) NOi[S I(f='�000 PAD=199.5 ° P• 196 PAD=196161 PAD=196.A PAD=1p6.2 1 u r 10.165 Sf 10 _ P•0 1995 _ 9.116 Sf ,�. 1 _ .:'. % 1.AID 111 PA0=199.6 E f(=19)] .a Wit\ m ,- rbx .r. _ / . [x1,e[uA[IDEA 1•IxED.••1 .l UAA wavx[xlwuDx Dux° r�I b H ROOS[0 P 15' ES . a.. 7f EDAD. u'1 \\' _LIRLIE_ �54' Es� y•'s 7 61N5'AKER R� ASSOCIATES 2 \ r Riverside/San Derunrd,na, INC. \ 1— xlcx nD�a' Planning Engin GO... u19nxc •Surveyiug•GPS TR. '1D0211 RESIDENTIAL — — _ _ "I F cD.,,bo.+a s.,,e.�D,.m�° cm,o.°,1 vr.ne I'll,"I r=rr I RECEIVED JUL 14 1992 INTEROFFICE MEMORANDUM �MM°"'n DEVELOPMENT°CP"NiMEM f, EV PALM DEPARTMENT TO: Department of Community Development/Planning Attention: Steve Smith FROM: Richard J. Folkers, Asst. City Manager/Public Works Director SUBJECT: TENTATIVE TRACT 27561, JASCORP DATE: July 14, 1992 The following should be considered conditions of approval for the above- referenced project: (1) Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid prior to recordation of final map. Fees previously paid on subject property may be credited against current fees. (2) Storm drain construction and retention area design shall be contingent upon a drainage study and design prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. (3) Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of final map. Fees previously paid on subject property may be credited against current fees. (4) Full private improvements, as specified in Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. (5) 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 project final. (6) All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits. (7) Landscaping maintenance on Hovley Lane shall be provided by the homeowners association. (8) Waiver of access to Hovley Lane except at approved locations shall be granted on the Final Map. (9) 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. (10) Full improvements of interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code shall be provided. (11) 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. (12) Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public works. (13) A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. (14) Pad elevations, as shown on the tentative map are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. (15) Property lines for the individual lots proposed by this subdivision shall be located at top of slope where applicable. (16) As required under Section 12.16 and Section 26.44 of the Palm Desert Municipal Code, all existing utilities shall be undergrounded per each respective utility districts recommendation. If determined to be unfeasible, applicant shall agree to participate in any future utility undergrounding district. (17) Applicant shall agree to contribute their fair share of the assessed costs for the Cook Street Extension, Interstate 10 interchange and Bridge Fund. RICHARD J. FOLKERS, P. . (jsgltr27561.iaml RIVERSIDE COUNTY CkUFORxu OEWT of cr— tom. FIRE DEPARTMENT oET�s0i PRO EC/oN Y IN COOPERATION WITH THE ;y._ = *S COUNTY a-x CALIFORNIA DEPARTMENT OF FORESTRY C r19 A RIVERSIDE —M,,, AND FIRE PROTECTION ' - D GLEN J.NEWMAN " Flo F • FIRE CHIEF RIVERSIDE COUNTY FIRE 210 WEST SAN JACINTO AVENUE COVE FIRE MARSHAL PERRIS,CALIFORNIA 92370 70801 HWY 111 �"' — TELEPHONE:(714) 657-3183 RANCHO MIRAGE,CA 92270 (619)346-1870 To: 0(-zy of REF:- - - Z7s�l If circled, underlined or noted, condition applies to project lO With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code, NFPA, UFC, and UBC and/or recognized Fire Protection Standards: 2O. Provide, or show there exists a water system capable of providing a potential gallon per minute flow of A500 for single family , 2500 for multifamily, and 3000 for commercial . The actual fire flow available from any one hydrant connected to any given water main shall be 1500 GPM for two hours duration at 20 PSI residual operating pressure. 3O. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. 4O. The required fire flow shall be available from a Super hydrant(s) (6" x 4" x 2-1/2" x 2-1/211 ) , located not less than 251 nor more than 200, Single family, 165' multifamily, and 1501 commercial from any portion of the building(s) as measured along approved vehicular travelways. Hydrants installed below 30001 elevation shall be of the "wet barrel" type. 5. A combination of on-site and off-site Super fire hydrants (6"x4"x2- 1/2"x2-1/2" ) will be required, located not less than 25' or more than 200' single family, 1651 multifamily, and 150' commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available, from any adjacent hydrant(s) in the system. 6O Provide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the Fire Department prior to request for final inspection. Pnnred 0n re cycled Paper 7O. 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. " "System has been designed to provide a minimum gallon per minute flow of 1500 , 2500 , 3000. " sO. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24 ' of unobstructed width and 13, 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32 ' wide with parking on one side . Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around ( 55' in industrial developments) . Fountains or garden . islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 101 diameter. City standards may be more restrictive.P-kQ LS �UCiSTAtSDARt� , eUI=�E ��IiLS 5�1�>L Se /YMIn11pnom OF gsiF gp"CAI\t . The minimum width of interior driveways for multi-family or apartment complexes shall be: a. 24 feet wide when serving less than 100 units, no parallel parking, carports or garages allowed on one side only. b. 28 feet wide when serving between 100 and 300 units; carports or garages allowed on both sides, no parallel parking. C. 32 feet wide when serving over 300 units or when parallel parking is allowed on one side. d. 36 feet wide when parallel parking is allowed on both sides. 10 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 Knox Box over-ride system capable of opening the gate when activated by a special key 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 16' with a minimum vertical clearance of 1316" . �1 A dead end single access over 500' in length will require a secondary access, sprinklers or other mitigative measure. PL-AQ SU�t-rCeb IS SU�S-SA.tJUAQD, *- SEE 0-ygk2 ] Contact the Fire Department for a final inspection prior to occupancy. 13 A second access is required. This can be accomplished by two main access points from main roadway or an emergency gated access into an adjoining development. (�4 All new residences/dwellings are required to have illuminated residential addresses meeting both City and Fire Department approval . Shake shingle roofs are no longer permitted in the Cities of Indian Wells, Rancho Mirage or Palm Desert. OTHER: AW41P,A,J5-- QQVIDe Farr 1AkL,F- o�- A(Z6A mAP 1 1L5 mRq c— R?,)BLerv, t F 996D�JID6D -mil 6V LI OR P.VEJJ�l;X .1 All questions regarding the meaning of these conditions should be referred to the Fire Department, Coves Fire Marshal , at Phone ( 619) 346-1870 or the Fire Marshal 's office at 70-801 Highway 111 (Rancho Mirage Fire Station) , Rancho Mirage, CA 92270 . Sincerely, MIKE HARRIS Ch/ by Cly%e Chittenden Coves Fire Marshal bbm CITY OF PALM DESERT ,_ ? DEPARTMENT OF COMMUNITY DEVELOPMENT / STAFF REPORT 0 Pill TO: Planninq Commission DATE: July 21 . 1992 ,�,o�� �/�6''/'�o✓u CASE NO. : TT 27561 REQUEST: Approval of a tentative tract map to create7 28 single family lots in the western portion of the Winterhaven development Flo a ed in the PR-5 zoned property on the south side of Hovley Lane approximately 730 feet west of Portola Avenue APPLICANT: JASCORP 79-811 Country Club Drive, Suite A Bermuda Dunes. CA 92201 1 . BACKGROUND: A. General : June 25. TF8 ,ci a2�unit condominium development on 13.2 acres. September 20. 1983 planning commission reviewed and approved an amendment? to TT 17994 to -allow 71 condominium;.units on Q4725' acres. This plan included the property at the southwest corner of the site which was not previously included. The final maps were subsequently rec- or d•and(28_condomin-ium-units' constructed in the east part of`tfie—project calong_-with tenrcis^ �coort-and-swimming-wool . The westerly 7.79 acres is vacant and is now subject to this current tentative map. B. Description of Site: The site is basically rectangular and has an existing perimeter street which connects throuah the existing 28 unit project. Access will be taken from the existing gated entry onto Hovley Lane. C. Adiacent Zonina/Land Use: North: PR-5/Condominiums South: PR-5/Condominiums East: PR-5/Sinale Family Homes West.: PR-5/Vacant *STAFF REPORT , CASE-NO. TT 27561 JULY 21 . 1992 D. Zoning and General Plan Desiqnation: The property" is designated I Iow density residential"3-5dweIIino 'units. per'acre'-in the genera')-plan and-"is-zoned-PR-S:— Twentyi eight (28) lots on 7_. 79 acres is fewer units than previously approved and its 3.6 units per acre. The lots vary in size from 8.000 square feet to 13.913 square-Feet. E. Zone Requirements: The PR zone allows a broad range of residential uses, one of which is single family dwellings. The minimum size single family- lot in the city is the R- 1 8,000 zone. R-1 8,000 Standards Proposed Lot area 8.000 square feet 8,000 - 13,913 square feet Lot width 70 feet 70 feet Building height IB N/A Coverage limit 35% N/A Minimum rear yard 15% N/A - Minimum side yards 14' total to 5' minimum N/A Minimum front yard 20 feet N/A Plans for dwellings on these lots are not available at this time. However, development will be conditioned to comply with the R- 1 8.000 standards as per Municipal Code Section 25. 16.050. F. Project Description: The proposed is to create 28 single family lots on 7.79 acres (3.6 units Per acre) . cAccess--i's--from-the exist-ing`-gated-entrance--on7 Hov.le.y Lane on existing 36 foot wide private streets. It . AREAS OF CONCERN: The existing section is presently developed and has an operating homeowners association. The access gate is located most adjacent to the existing developed homes. A review of the C.C.BR. 's by the c i ty attorney cone 1 udes ['that-Jascorp- i s-en`ti-t I ed_to__use the existi'ng.access--and-gate-facility-and street system— Jascorp advises that it is negotiating an agreement with the existing homeowners association to pay its fair share toward the long term maintenance costs for the entry gate and streets. This will be so conditioned. 2 STAFF REPORT CASE NO. TT 27561 JULY 21 . 1992 -- 111 . ANALYSIS: A. FINDINGS NEEDED FOR APPROVAL OF THE TENTATIVE TRACT MAP: 1 . That the proposed map is consistent with applicable general and specific plans. Justification: ' The proposed map is consistent with the zoning and the zoning is consistent with the general plan. Compliance with the conditions and mitigation measures will assure consistency with the general plan. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. Justification: All public streets will be dedicated and improved and sufficient drainage facilities will be provided in conformance with the general plan guidelines and city , ordinances. 3. That the site is physically suitable for the type of development. _ Justification: The 7.79 acre site is of sufficient size to accommodate the proposed project and the topography of the site does not create significant problems. 4. That the site is physically suitable for the proposed density of development. Justification: The design of the proiect indicates that the site is suitable for the proposed density of development because the site can be served by respective utilities and, as conditioned, to provide full traffic circulation and is designed in compliance with all city codes. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 3 STAFF REPORT CASE NO. TT 27561 JULY 21. 1992 Justification: The desia_'n will not cause substantial environmental damage or injure fish or wildlife or their habitat because it will be constructed in compliance with applicable regulations and the proposed negative declaration has determined that there will be no related adverse environmental effect which cannot be mitigated. 6. That the design of the subdivision or the type of improvements are not likely to cause serious public health problems Justification: The design will not cause serious public health problems because it will be in compliance with applicable health, safety and building codes. 7. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Justification: There are no easements acquired by the public at large for access or use of property within the proposed subdivision. o 8. That the design of the subdivision or the type of improvements will not restrict solar access to the property. Justification: The project has been designed to conform to code requirements and will not impact solar access to adjacent properties and will provide adequate solar access to this property. IV. ENVIRONMENTAL REVIEW: Tentative Tract No. 17994 provided for up to 43 residential units on this property and was reviewed for compliance with CEQA. This new tentative map proposes 28 residential units versus the previous 43 units. Much of the infrastructure has been constructed. Any impacts associated with the development of this property have been previously assessed. In addition, there are 37 percent fewer units proposed at this time: therefore. no further environmental documentation is necessary. 4 STAFF REPORt CASE NO. TT 27561 JULY 21. 1992 V. RECOMMENDATION: Gdntvv o A. Adoption of the findings B. Adoption of Planning Commission Resolution No. I582 approving TT 27561 , subject to conditions V1 . ATTACHMENTS: A. Draft resolution B. Legal notice Prepared bv: p�i0 1 Reviewed and Approved 'bv:, SRS/db 5 I PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO SUBDIVIDE 7.79 ACRES INTO 28 SINGLE FAMILY LOTS, LOCATED ON THE SOUTH SIDE OF HOVLEY LANE 730 FEET WEST OF PORTOLA AVENUE CASE NO. TT 27561 WHEREAS, the Planning Commission of the City of Palm Desert. California, did on the 21st day of July. 1992. hold a duly noticed public ' hearing to consider the request of JASCORP for the above mentioned project; and WHEREAS. said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental O.uality Act. Resolution No. 80-89," in that the director of community development has determined that the project will not have a significant impact on the environment and has been previously assessed as part of TT 17994 and no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said planning commission did find the following facts and reasons as justified in the staff report for TT 27561 , dated July 21 , 1992, on file in the department of community development, to exist the approve the tentative tract map: (a) That the proposed map is consistent with applicable general and specific plans. , (b) That the design or improvement of the proposed• subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large. for access through or use of property within the proposed subdivision. WHEREAS, in the review of this tentative tract map the planning commission has considered the effect of the contemplated action on the housing needs of the region for purposes of balancing these needs against the public service needs of the residents of the City of Palm Desert and its environs. with available fiscal and environmental resources. PLANNING COMMISSION RESOLUTION NO. NOW, THEREFORE. BE IT RESOLVED by the Planning Commission of the City of Palm Desert. California. as follows: 1 . That the above recitations are true and correct and constitute the _ findings of the commission in this case: 2. That it does hereby approve the above described Tentative Tract Map No. TT 27561 , subject to fulfillment of the attached conditions. PASSED. APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 21st day of July, 1992, by the following vote. to wit: AYES: NOES: ABSENT: ABSTAIN: CAROL WHITLOCK, Chairperson ATTEST: RAMON A. DIAZ, Secretary SS/db 2 � I PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. TT 27561 Department of Community Development: I . The development of the property shall conform substantially with exhibits on file with the department of community development/planning. as modified by the following conditions. 2. That pursuant to the State Map Act, said approval shall be in effect for two ,.ears. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statues now in force, or wA444-.hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval . the applicant shall first obtain permits and/or clearance from the following agencies: _ Coachella Valley Water District Palm Desert Architectural Commission City Fire Marshal Public Works Department Evidence of said permit or c.Learance from thb above agencies shall be Presented to the department of buildinq and safety at the time of issuance of a building permit for the use contemplated herewith. S. That the setbacks and coverage limits for single family dwellings in 1 this project shall be as required in the R-1 zone for 8,000 square foot minimum lot area as prescribed in Section 25. 16.050 of the zoning �� ordinance. 1 6. 1 That the applicant negotiate an agreement with the existing Winterhaven Home Owners Association for the shared use and the long term maintenance and cost of the entry gate and street system and any other item of mutual concern. Said agreement may be based on the number of lots proposed. 7. That the applicant negotiate an agreement with the Winterhaven Home Owners Association to use the existing entrance from Hovley Lane as the construction entrance otherwise a new, temporary construction entrance shall be provided from Hovley Lane at the west end of the property or through the adjacent vacant property to the west. 3 PLANNING COMMISSION RESOLUTION NO. 8. That during construction a fence be erected along the west limit of Wimbledon Court southerly extending across Winterhaven Circle to prevent access of construction vehicles through the existing Winterhaven development. 0 Department of Public Works: 1 . Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid Prior to recordation of final map. Fees previously paid on subject o property may be credited against current fees. 2. Storm drain 'construction and retention area design shall be contingent upon a drainage study and design prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. 3. Sionalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55. shall be paid prior to recordation of final map. Fees previously paid on subject property may be credited against current fees. 4. Full private improvements, as specified in Sections 26.40 and 26.44 of the Palm Desert Municipal Code. shall be installed in accordance with applicable city standards. 5. 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 project final . 6. All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid Prior to issuance of grading permits. 7. Landscaping maintenance on Hovlev Lane shall be provided by the homeowners association. 8. Waiver of access to Hovley Lane except at approved locations shall be granted on the Final Map. 9. 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. 10. Full improvements of interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code shall be provided. 4 PLANNING COMMISSION RESOLUTION NO. 11 . 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. 12. Any and a I I offsIte improvements shall be preceded by the approval of Plans and the issuance of valid encroachment permits by the Department of Public Works. 13. A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. 14. Pad elevations, as shown on the tentative map are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 15. Property Iines for the individual lots proposed by this subdivision shall be located at top of slope where applicable. 16. As required under Section 12. 16 and Section 26.44 of the Palm Desert Municipal Code, all existing utilities shall be undergrounded per each respective utility districts recommendation. If determined to be unfeasible. applicant shall agree to participate in any future utility undergrounding district. 17. Applicant shall agree to contribute their fair share of the assessed costs for the Cook Street Extension, Interstate 10 interchange and Bridge Fund. County Fire Marshal : I . With respect to the conditions of approval regarding the above referenced plan check. the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code. NFPA. UFC. and UBC and/or recognized Fire Protection Standards: 2. Provide, or show there exists, a water system capable of providing a potential gallon per minute flow of 1500 for single family. The actual fire flow available from any one hydrant connected to any given water main shall be 1500 GPM for two hours duration at 20 PSI residual operating pressure. 3. A fire flow of 1500 gpm for a I hour duration at 20 psi residual operatina pressure must be available before any combustible material is Placed on the lob site. 5 • PLANNING COMMISSION RESOLUTION NO. 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' for single family. 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. Provide written certification From the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the Fire Department prior to request for final inspection 6. 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. Uobn approval , the original will be returned. One copy will be sent to the responsible inspecting authority. Plans shall conform to the fire hydrant types, location and spacing, and the system shall meet the fire flow requirements. Plans shall be sianed 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". "System has been designed to provide a minimum aallon per minute flow of I500. 7. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13'6" of vertical clearance. Where parallel parkino is allowed. the roadway shall be 36' wide with parking on both sides, 32' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around (55' in industrial developments) . Founta-ins or aarden islands placed in the middle of these turn-arounds shall not exceed a 5' radius or 10' diameter. City standards may be more restrictive. Plan submitted is substandard. Cul-de-sacs shall be minimum of 45 feet radius. 8. Whenever access into private property is controlled through use of aates, 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 Knox Box over-ride system capable of opening the gate when activated by a special key 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 16' with a minimum vertical clearance of 13'6". 6 PLANNING COMMISSION RESOLUTION NO. 9. A dead end single access over 500' 1n length will require a secondary access. sprinklers dr other mitiqative measure. Plan submitted is substandard. Apolicant to provide east half of area map. This may solve second access problem if there is a second access provided to Hovley Lane or adjacent development. 10. A second access is required. This can be accomplished by two main access points from main roadway or an emergency gated access into an ad_ioinina development. 11 . All new residences/dwellings are required to have illuminated residential addresses meeting both City and Fire Department approval . Shake shingle roofs are no longer permitted in the Cities of Indian Wells, Rancho Miraae or Palm Desert. SRS/db 7 IN THE CITY OF PALM DESERT RIVERSIDE COUNTY, CALIFORNIA • . .R .o r.R r.R '•� `�1 ,. TENTATIVE TRACT NO. 27561 m OMNER/OFIFITNER - _ --_NOVLEY _ _ LANE - _ _ --_ - _ 817E new. mn III.R.B Y TIP ouui m Ol laral-us-noaa a u [•<xonxu l u IP ,..n•x..wxR<.r.R.xw nw[a,..N,...wxP CIRCLEyd _ LT..,aa.-un � LOCATION MAP PIT FIT f [ / ' � T` •• ASSESSORS PARCEL NuueERS 1 a e J / IS 6 9.306 Sr G 9}06 $r 9,106 Sr O 9�126 Sr �' \l -xr/ „_NA o" ff=zpl6 % lr=zp51 { rfc}OS $EC11oH A-• PAO=204.3" PAD=20..6" PAp:}OA6 rf=]5.5 IOxIx6 AND InxO USE r \ 1 I Le.Ra 4 — PAO=3�50 - EXISTING _ f \ ff=z0z s_ _ _ _ _ _ TENNIS COURT$ - - - .a�9 \ _f`A( lIS _ ~' _ _ r5=201.55 C'., i� .. .�Ys-a. =',�.. ^ram / [c ostol Kuywrn-s -T l\ / r�•�__ a �IS�i T sl LL \ / \ SECTION 5 B-B CENTRAL ALAN OEs cxulOx A ff 201 p = ::'cmvn , )�` 'I 1 PAD=}005 10 UY0 4,1 1U)GA sf 13,91r sr I - \ - __ rrr•r rrv10 Is 990 rrj�9e) rf_19et i1.151 sr 1 �.•, ^ _J-_���_.__ P O 19e 5 -PAD=19e 3 PA0=19e 1 O \ y unuu[s I 1rI eo6) N 1 1 EXISTING .-PLE% =3003 / — -PAD'.19e0 ��J=1O/34ar^5 rf_19J 59 Nwn .w•wanel i`pll9 _ 7I \ A0=199) _ I �lK�` [owxuA c• nT,, w,afr 1.SA y� / \I 1ar•1 r "r/� li 9,560 Sr t' yrH)[R [_21 � \�. ••6is) Sr\ Ir 91 \°.3• [u u[ <awx,w u.n„•[ Iarn nA-,aar ♦ }I IPAO= - <wwoaw RA S [nr c•n1� lawl I III -- { P.0-191,9 r us s w aj 6)09 S( I I ' r I. 1 SE 1 9 J 0 Sr .. 6 1 r'fr 1w,•xex[ Nro la N .I-I" e{ rf 19e 3 I ^ I 9)63 Sf I 9, CYO Sr\ u \• , +rf 1 ' +\ \ PAO 19)) IS / \ uoa 5[. anac• urar s1Ar[1=199s r1=1990 _ _ I rr=19)} a _ \PAT)=1965 �{ 1 Ef=19b34$, a[ws o <mw PAD-199 0 � an • I•.F I PAD-19).l I PA0=196) w i nop.u •.rer Iwn u,-„• IT / i�_. >m-s)9. 1- �-� ' e�Do: s�- bpp6 sr 6.006 Sf 6.ALTO SF _ xLL°r.' l,.")orri�°°°'r •o . X 1 1 _ L. ;IT A.] S[ r 96}).$f ff 119) rr=19) r1 1 } NO)[5 <r 3 rf=]000 r • fr=19fi9 - r(c196.) P J96 PAD=196I6 D-196A PAp=1b63I4 u� r=R00° :1p i6s sr n0_199 5 .. '4 Q I / _ PADY 199s 3 9,136 Sr ...1 �`I .y/ I ULN. yUP r PA0=199 6 % rr=19)) Fe ♦ F 5 • , [xrm[1nw1,Iw•u•••I xw n1x•pr.r xA•we PA0=191] y ,a a .L • �,. PPo.OSEnzs• [I \ \ ` Lora _�_�_ _ E :•.. • T'IPLD. \ [:- -- � � !/LINS'AKEW A' A.SSOL'/ATF.S .• ... •. . ] Hi ...Je/.S'nn Oerueu dulu, b)c. M \ Yl........ ..uuiug•...'ugmcenng•S'urveyJng•GPS v1nrN a'i1rcN uDEP A.[--I� mz E r.°. D• sro eN.,re.". r.xr,r i'•r'n:).'ae9)... I lF; 'I TJ 2=S RCSI1)c1471A1_- — , REUE. wE JUl_ 1 .1, 1.99? INTEROFFICE MEMORANDUM °""'��""" V-A �'°`"��� ,. TO: Department of Community Development/Planning Attention: Steve Smith FROM: Richard J. Folkers, Asst. City Manager/Public Works Director SUBJECT: TENTATIVE TRACT 27561, JASCORP DATE: July 14, 1992 The following should be considered conditions of approval for the above- referenced project: (1) Drainage fees, in accordance with Section 26.49 of the Palm Desert Municipal Code and Palm Desert Ordinance Number 507, shall be paid- prior to recordation of final map. Fees previously paid on subject property may be credited against current fees. (2) Storm drain construction and retention area design shall be contingent upon a drainage study and design prepared by a registered civil engineer that is reviewed and approved by the Department of Public Works prior to start of construction. (3) Signalization fees, in accordance with City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be paid prior to recordation of final map. Fees previously paid on subject property may be credited against current fees. (4) Full private improvements, as specified in Sections 26.40 and 26.44 of the Palm Desert Municipal Code, shall be installed in accordance with applicable City standards. (5) 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 project final. (6) All public and private improvements shall be inspected by the Department of Public Works and a standard inspection fee shall be paid prior to issuance of grading permits . (7) Landscaping maintenance on Hovley Lane shall be provided by the homeowners association. (8) Waiver of access to Hovley Lane except at approved locations shall be granted on the Final Map. (9) 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 . (10) Full improvements of interior streets based on residential street standards in accordance with Section 26.40 of the Palm Desert Municipal Code shall be provided. (11) 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. (12) Any and all offsite improvements shall be preceded by the approval of plans and the issuance of valid encroachment permits by the Department of Public Works. (13) A complete preliminary soils investigation, conducted by a registered soils engineer, shall be submitted to, and approved by, the Department of Public Works prior to the issuance of a grading permit. (14) Pad elevations, as shown on the tentative map are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. (15) Property lines for the individual lots proposed by this subdivision shall be located at top of slope where applicable. (16) As required under Section 12.16 and Section 26.44 of the Palm Desert Municipal Code, all existing utilities shall be undergrounded per each respective utility districts recommendation. If determined to be unfeasible, applicant shall agree to participate in any future utility undergrounding district. (17) Applicant shall agree to contribute their fair share of the assessed costs for the Cook Street Extension, Interstate 10 interchange and Bridge Fund. v✓�. RICHARD J. FOLKERS, P. . Ijsa1tr21S61.iom1 RIVERSIDE COUNTY CWFOPNI, FIRE DEPARTMENT %5 j M PROTECR oN k 1 2- _ F. IN COOPERATION WITH THE ,., -Y3 !}-CbctiTYY- CAUFORNIA DEPARTMENT OF FORESTRY C RIVERSIDE .,., ,,,, AND FIRE PROTECTION p GLEN J.NEWMAN — ^ ilo J. :� P FIRE CHIEF RIVERSIDE COUNTY FIRE 210 WEST SAN JACINTO AVENUE COVE FIRE MARSHAL PERRIS,CALIFORNIA 92370 70-801 HWY l I (p— c)—q2 TELEPHONE: (714)657.3183 RANCHO MIRAGE,CA 92270 (619) 346-1870 To: � DF 'FALM REF: TT Z7r/ -� If circled. underlined or noted. condition anolies to project lO With respect to the conditions of approval regarding the above referenced plan check, the Fire Department recommends the following fire protection measures be provided in accordance with City Municipal Code , NFPA, UFC, and UBC and/or recognized Fire Protection Standards: 2. Provide, or show there exists a water system capable of providing 2 potential gallon per minute flow of �1_500 for single famil , 2500 for multifamily, and 3000 for commercial . The actual fire flow available from any one hydrant connected to any given water main shall be 1500 GPM for two hours duration at 20 PSI residual operating pressure. OA fire flow of 1500 gpm for a 1 hour duration at 20 psi residual operating pressure must be available before any combustible material is placed on the job site. OThe required fire flow shall be available from a Super hydrant(s) (61, x 4" x 2-1/211 x 2-1/211 ) , located not less than 25' nor more than 200 ' single family, 165E- multifamily, and 150' commercial 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. A combination of on-site and off-site Super fire hydrants ( 6"x4"x2- 1/2"x2-1/2" ) will be required, located not less than 25E or more than 200E single family, 165' multifamily, and 150 ' commercial from any portion of the building(s) as measured along approved vehicular travelways. The required fire flow shall be available, from any adjacent hydrant(s) in the system. OProvide written certification from the appropriate water company having jurisdiction that hydrant(s) will be installed and will produce the required fire flow, or arrange field inspection by the Fire Department prior to request for final inspection. pnntw on,ec Yn&o pap&i y 7O. 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. " "System has been designed to provide a minimum gallon per, minute flow of 1500 . 2500, 3000. " 8O. All buildings shall be accessible by an all-weather roadway extending to within 150' of all portions of the exterior walls of the first story. The roadway shall be not less than 24' of unobstructed width and 13 ' 6" of vertical clearance. Where parallel parking is allowed, the roadway shall be 36' wide with parking on both sides, 32 ' wide with parking on one side. Dead-end roads in excess of 150' shall be provided with a minimum 45' radius turn-around ( 551 in - industrial developments) . Fountain's or garden islands placed in the middle of these turn-arounds shall not exceed a 51 radius or 10' diameter. City standards may be more restrictive.PL-4J SuBrni-rrEp lg SUCi$TAtsDAR� , CVI�DE SACS S�I�iL / Be mInlim m of 1-4,7nF'r 5 . 9. The minimum width of interior driveways for multi-family or apartment /// complexes shall be: - a. 24 feet wide when serving less than 100 'units, no parallel parking, carports or garages allowed on one side only. b. 28 feet wide when serving between 100 and 300 units; carports or garages allowed on both sides, no parallel parking. C. 32 feet wide when serving over 300 units or when parallel parking is allowed on one side. d. 36 feet wide when parallel parking is allowed on both sides. P g 10 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 Knox Box over-ride system capable of opening the gate when activated by a special key 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 16 ' with a minimum vertical clearance of 1316" . }7 �1 A dead end single access .over 500' in length will require a secondary access , sprinklers or other mitigative measure. P[-,c&3 S�Srnt,rc�D IS SU�S-TAQ1DARD , c 5G�5 0-c-4E2 Contact the Fire Department for a final inspection prior to occupancy. 13 A second access is required. This can be accomplished by two main access points from main roadway or an emergency gated access into an adjoining development. �4 All new residences/dwellings are required to have illuminated residential addresses meeting both City and Fire Department approval . Shake shingle roofs are no longer permitted in the Cities of Indian Wells; Rancho Mirage or Palm Desert. OTHER: off- AREA mpAp 1WLS ry)A� All questions regarding the meaning of these conditions should be referred to the Fire Department, Coves Fire Marshal , 'at Phone (619) 346-1870 or the Fire Marshal 's office at 70-801 Highway 111 (Rancho Mirage Fire Station) , Rancho Mirage , CA 92270 . Sincerely, MIKE HARRIS CleChittenden , by C Coves Fire Marshal bbm Memo 'z°m CAM ANDERSON �O Joe Swain 8-4-92 Please read this agreement over and sign as specified if you agree with the terms. Your prompt attention in this would be appreciated, as I need to send this to the homeowners ASAP for their votes. Also, the board requests that I also send with this proposed agree- ment a copy of your tract plan showing the placement of the lots and the streT. Do you have a small 8 x 10" (approx) size of that drawing I can duplicate to send to owners? Thanks for your prompt attention. AVAIL PROPETY MGT P.O. Box 1032 Palm Desert, CA 92261 619-568-2717 Fax 619-568-0324 1 AUG - 51992 1' WINTERHAVEN HOMEOWNERS ASSOCIATION AVAIL PROPERTY MANAGEMENT P.O. BOX 1032 PALM DESERT, CA 92261 (619) 568-2717 August 3, 1992 Mr. Joe Swain Jescorp 79811 Country Club Dr Bermuda Dunes, CA 92201 Dear Mr. Swain: Pursuant to the conversation on July 29, 1992, listed below are the conditions the Negotiating Committee submits to you for your approval. After these points are mutually agreed upon, the conditions will then be sent to the entire membership of Winterhaven Homeowners Association for o �3� vote approval. The a►greemJyent between Winterhaven Homeowners Association and Jascorp is as follows: 1. Jascorp will forthwith take steps necessary, if any, in order to have Jascorp's real property de-annexed from the effect of the existing CUR's so that Jescorp's real property is not encumbered thereby. If Jascorp is successful in doing so, Jascorp will, upon issuance to Jascorp of a final subdivision public report by the California Department of Real Estate relating to its subdivided property, pay Winterhaven HOA the sum of $28,000.00 and will reimburse it for any of its legal expenses in modifying its organization documents, if necessary. further, Jascorp will pay Winterhaven HOA, at the close of escrow of each subsequent lot, $1,000.00 to be used for routine expenses directly related to the maintenance and repair of Winterhaven HOA. Mr. Joe Swain August 3, 1992 Page 2 2. The parties hereby agree to the shared use of certain facilities of each and to a sharing of costs. In that regard, Jascorp and members of the homeowners association to be formed by Jascorp and their guests and invitees shall be entitled to use, in common with members of Winterhaven, the front access gate and its attendant facilities, Winterhaven's streets and walkways, Winterhaven's tennis courts (but not to the use of Winterhaven's swimming pool), and Winterhaven's drainage and flood control facilities. Members of Winterhaven and their guests and invitees shall be entitled to use, in common with Jascorp and members of the homeowners association to be form by Jascorp, facilities of the Jascorp association consisting of the streets and walkways of the Jascorp association and the drainage and flood control facilities on Jascorp's property. 3. Henceforth and as long as the Winterhaven Association is in existence, Jascorp (and later the Association to be formed by Jascorp) will pay and reimburse Winterhaven 50% of Winterhaven's expenses of maintenance and reserves for replacement of the main gate and its related facilities, SOX of Winterhaven's expenses for the maintenence of the tennis courts, including reserves for replacement thereof and a prorata share of utility expenses relating to the main gate and the tennis courts. Because b( the expenses of each party will be approximately equal for expenses related to the streets and the flood control facitilites, each party will bear their own expenses in connection therewith. 4. Jascorp m4gkut only with a pri ) oval of this Board of Directors of Winterhaven, make capr ants and modifications to the front gate and its relate cities end/or t is courts and their related facilities. 5. Jascorp will arrange for access to its property during the periods of construction by a means other than the main gate. 6. Winterhaven will be responsible for maintenance and replacement of the main gate and its related facilities, that portion of the perimeter wail which now circles tract 17794-1, all common area facilities which now exist in tract 17794-1 together with maintenance of the landscaping in the Hovely Lane right-of-way adjoining tract 17794-1. Mr. Joe Swain August 3, 1992 Page 3 Jascorp shall be responsible for the maintenance and replacement of the perimeter wall surrounding tracts 17794-2 and 17794-3 and will construct, maintain, and replace the streets in the Jascorp property. In additions, Jascorp will maintain the landscaping located in the Hovely Lane right-of-way adjacent the Jascorp property. 7. Winterhaven HOA hereby agrees that it will not actively oppose Jascorp's project before municipal authorities by appearing at hearings or otherwise voicing opposition to its project. B. Jascorp agrees to withdrew their pending lawsuit filed July 15, 1992, with no further demands to be made to Winterhaven HOA. ,r 9. Prior approve the Architectural Committ the Board of Directors for Winterhaven, she i re any architectural plans �j are submitted to the Cit m Deser inal approval on any proposed structure o Jascorp property. 10. The essence of this agreement is the continued mutual cooperation and consultation between Winterhaven HOA and Jascorp during the development of the Jascorp property. This letter is intended as an offer which will become an agreement upon signature by the parties hereto. If the foregoing is ccnsistant with the agreement as you understand it, please sign below. Upon receipt of this signed agreement from you, it will be sent to the membership of Winterhaven for�ote approval and then sign by the Board. /nafCWIly The foregoing is agreed to: Mr. Joe Swain, Jascorp Winterhaven Homeowners Assoc. O:ff a�D�ILI-TLra 1�=xtj 3 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 REQUEST FOR COMMENTS AND CONDiTI(NIS OF APPROVAL CASE NO(S) : 7T 9-7 S6/ PROJECT: a (� � 5 APPLICANT: -�y-,qScovp l �vn�udq OkN�s, 922a i Enclosed please find materials describing a project for which the following Is being requestedr ,4ppraUyL OF 77a756/ fo �cv� �2 j7 u r»tyJ►-c otuifevi 'k! V) 6&4 Wi�nv�de l P Pav d r^/��% 1C a� P K S ea 1'm SfO& 4 pPmJ 737 {�lek— w�-S�r of Po�e,owt ,g�owua- _ . ,g PrJ ( 2 —a3o _OY`l �/ czz z8o_vv7�t,.-N The attached data was prepared by the applicant and is being forwarded two you for corments and recommended conditions of approval . the city Is Interested in the probable impacts on the environment ( including land, air, water, minerals, flora, fauna, noise, objects of historical or aesthetic significance) and recommended conditions of approval based on your expertise and area of concern. Your comments and recommended conditions of approval must be received by this office prior to 4:30 p.m. 5 � � In order to be discussed by the land division committee. The land division committee (comprised of director OF community development, city building official , city engineer, fire marshal , and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the planning corixnisslon through the staff report. Any infornk3tion received by this office after the receipt deadline will not be discussed by the land division committee. Sincerely, RAMON A. DIAZ DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING /tm Attachments PLEASE RETURN 11AP WI111 COMMENiS li it C J U . �a501 . . 10 — VI011V0/ 10 00 ti w IL AV Yh30Y1 �p 'M10 S0H1l7dS Y o ow w 10 J 3 Wz Y Ixl cr ��, ` ���� • -�=; ', J ICl / z 1 Ni w Cc ri II OHO 311V0 I I it .� I LO OYNYY1Hv)"" I� I� I VONOj Vie ^ I I � r • it � / w LLI cn � I IN THE CITY OF PALM DESERT RIVERSIDE COUNTY, CALIFORNIA TENTATIVE TRACT NO. 27581 — - - NOVLEY - m LANE _ - _ _ SITE OWNER/DEVELOPER vuovER 1•,•1-.n w•n '. ENGINEER/M1P[PREPARES j — — LOT .— • R sw a[•w•vn0 cuuvaxi[[zao• `w.vxv Ynv[w • CIRCLE to$ B 7- \!\ `�1�y SPp�i, LOCATION MAP van a[•vu (l— ]� l• •• •6 e ar . JY O SLP GPG� +r r� O ASSESSOR'Se1PARCEL•NUMBERS "I go$7Gr r I. os s Is T 36 v �(e •I ,Ao=3os� C 9.30fi�F 9.IOfi $[ G 9,30fi S[ u 9�13fi Sf \\� SECTION A-1 N]-wv-w• p ff=$0I5 R rr=305.1 p rr=305 5 � F= 1 1 I ]� \ - PADc]81.1 PAO=]01.fi" PAO=IO..e - rr=3 5.5 !- I_ NITS ZONING AND LAND USE EXIS71NG 6,130 Sr _ _ _ _ _ \ [[=3033 _ — = \ iENN15 COURTS �Y nn�:ii SO USE\ .yA0=3p18_ __ _ _ _ _ _ _ • rs=301.55 / y _s¢�i. v 1 JJ1 u• s•— --u s[— • < \`li, � SECTION 6-B nvwsm uxv m[ n s eT 1,12.RI- \ f 1 \ \.\\ /// / / •\ ....,.,,.,., L, �JT� y axERu vury D[swAnoN 'yy°I II \ PAO=]o0.5 ro ,GOO 8f ICLOA sr.`ug1( sr ti �/ (\v ID990\"/rT 1(9e] Y e 11,151 $f 1 f 31" Pp 19es 10_19B3 rr=l9et ' J IlQu_\�� UTILITIES III PAD=19 1 dY Sr 9 [r=198s EXISTING 1-PLEx r=$o0.3 2 -PAo'+19e o O(S rf=19].S9 _ \v.D=191.] I. sttl•c• 111.1 �� 1 9568 Sr 1 St.. -11, IONS<T 1 _ — wIN1[R �)'' z. \ „n1S] Sr` 'I 9 a :..n la n 1.t.•. 1 rr 198 1 a PADzlRR 9 c.xww c r,c. 12111xv1 •11za•aa r�\ a•a 8109 Sr 5 PA.=1V S z • us x av j - z a• •F .uu s..... c. I. \ �ihD ] s/ r 9 s10 sr 6 1 // vM.xvxo a1n 1:.,rz t \ 1 5 e. IF=19e3 I " 9]e3 ST O tav0 \� lff=1995' /. •.f \ " PAD=19].] / \ = 5<xvtt xvw.[. .z1v v s<xvw wsnn rr=1990 _ IS I ff=19>3 _ J PAD_1990 \. ' j PA0=19e5 (r=19 ] PA0=196] !v PAO-19]l )J wv�v IS arzzvl lavl fa-tz• ` 3� I� I• TOO OR ,yP 1+'• /•Tn' <, •s< ry evl5. '•� ARFAS _' 7 I ' . AII p / TO-LOTS 20 A PAD1191l la ��I elDO] J e00fi<Sr 6Dofi sr TT-1 o00 Sr 1 .1$viK°0°' V 1 1 ' r 9i3]isr D J la u oc".,"Y. .e ` 19 S sr r S 11_2aoD -a<IS \5E I I rr 19]� " rr 19]1 rr_1969 " rr 196.] I P, �0o 0 PAD=199 5 - PAD�,961 PA0 1961fi 1 PA0 196.1 PAD_166.3 1 u Nmcs _ PAO 199.5 `"-'D Sf PA.=199.E • ff 19)] E , .� i•\ Fa • I a [xT•[1•[ IT.1T Ill. A P10-19) 1zt•1.x I...S SO——PS. 3 Yu V r P. St I( s "1 _SLOT B _z f _ ^s \ ? •• NUNS'.4ti F,R & ASSOCIATES •\ ] Ki l'enide/Sau Oerunrdino, INC. \ \I—ulerwc r x1cN 9LopLu -� Planning-ENgiu CO,,ng•S'Nrveying-GPS' / Tr. 19,324 RE5IDEIV(1%\\I_- — _ _. _ na E.w.,�.R..o,.sw e..tlm..e.w....AA.,zara m. ea9lzr I - xs.- IN THE CITY OF PALM DESERT RIVERSIDE COUNTY, CALIFORNIA r—P M 11 ^° UNI ... TENTATIVE TRACT NO. 27551 m OWNER/DEVELOPER NOVLEY _ LANE _ - - SITE _ E 3 ENCIN[ER/YAP PRCPARCR LOT A %+- MAVFM - GIP- S 5wI I..°m° .un°xxr.,a mLisw xxxw,tln sp.+° LOCATION MAP iiii'n:ril'o.:i` ` I,,.IA Or B p /]� " 1. AA IPCI ° EWt] ASSESSOR'S PARCEL NUMBERS 1=205 s - \�♦.(° I^ zs 26 v �Te • - -^^ )RAT L RAT=20511 J 1 v 9.306 5( 9.2..Sf 9,106 sr 9,136 5( .» F—I G V F F SECTION A-A \ „21 C PAD=20 3 F PI- PAD40'eI • M USE 3 N.15. \ II \ I I I e,E20 S! \ - _ _ _ - 1A1=2A10- EXISTING - ( rt=m2.n_ _ — _ — _ — — — \ TENNIS COURTS /.\ 1 \ \ _pAD=2D1.e_ _ _ — — — — — Is=zm IS ~ _Je.�. ••r.,,• - [Riv[°u l 11••11-1 _ e — — —s. u. — _ ,Cv^^ /• SECTION B-B 22 l GENERAL PLAN DESIGNATION ` 1^1` a 6.IIO S(— fir \ \ /J/ / I � _ _ a ^�v A , x - \ I 1 FF=3010 \1e♦` r..,."=♦ — •• \ [v5n[ ms E1 10.70 kr 1 0mk Sr u.91i s!aAD=300.5 - 1 IF BR\.'/rrj�9e] e lr=IiJ1,Iv sr f m°.°:m e v D+9es a.O=19e: 1] UTILITIES e06) Sr PAD=191,1 ff=196.5 f9` Il EXISTING .-PLE% YAD'y196 0 _ _ FT-200 PIo�55 ff=19]59 'M11.11 _\. F ' \PAD=199] •vL' nvac 11,56.SF Nx MNANF ` 11 .4 sc•n m,cx°w u , ,. Vul uxyn, rf-196 L e.n 4•.e_ _ a I6 :I u x°..c cx1 Il 11111 x llv19B.1 n PA0=196 9 ♦ L1[clxc �OI.,n lx.-..•, y ,I \, `_� '1_� 'S ✓.,I PAD=19>.9 • y r, °.s - s1. Y. ,.,o. ♦ ' r,u xUNNIONE ruxcs u.x1x. Ia,N n1-ll.r IO.I)A sl "'I',, 'v.5.0 sr 6 1 I ( .. . I, 1 5 \ e R (r=196.3 =I I _ T AU 9)53 5( 1O _ - ir=199.0 SF i5 I FF-19].2 p.r=199� PA0=196.5 ~ I = !(=196'2 u aCm - °Fx mmcl 'P 0=...D �.0 e .S. I♦ PADjll9).) I v PAD=196) 1 Ix°n.e, ,no, •wA'N Yl-1v1 f a. AREAS 1 � ] I 1 a .,I ,.y3 a - ,,..;1. ] r(=19)9 iai�L z T•"_ _ _A PAD- le ��� ILDD2 S�. 5.00. S! 6,006 Sf 6,000 s( >�.:;. ll:'$°��°°° • I - _ 9�Z)sf 1 Iu a �'1 1 2 11� _ m 9,.A3 5! 11=197 (r=19]1 - fF=196.9 rr=196.) NOTES PAD=1995 ( PAD,1961 PAD-196161 PA0=196.A PAD=1p621 u ` AD,:I995y ID.]ss BE - _ _ 9.u6 sf d / ,;y 3 .I1 PAD=199.6 ♦ _ _ a nlucn['111.~N,f.l,x.i m1.IT.,f4nc° 77 I C PAD=19]2 4 sx ~ ♦•• l m151x � u[suslw[ �PRorosm I5 1 JT - 'SLOT a " ••_ Lsrr i� i-.. ♦v _ _y1-r \' ..x .. . PIT O 11UNS'AKER & ASSOCIATES Im 4IM \ _ Ri verside/S'xu DO,nx('din D, IN, ' Exlsuxc r/wcN nokx WLL A Planning•Engineeriug•5'urveying•GPS M, 10:j24 RLSIDEPITIAL - — — _- _ "IF r,....a.Ol 5..e•,rr.1- 011",,91ARtl ',I-"I"I 1 Iaa-I c� July 28, 1992 I Ramon A. Diaz, Secretary RECEIVED Palm Desert Planning Commission JUL 2 9 1992 City of Palm Desert 73510 Fred Waring Drive COMM NLIN Of PALMEnT DESERT APiMEMT Palm Desert, CA. 92260 Dear Mr. Diaz Ref: Address Change F G Russell # 622-050-062 Please be advised of the following address change: From: 11823 NE 75th Street Kirkland, WA. 98033-8109 To : 41695 Navarre Ct. Palm Desert, CA. 92260-2359 Please call if you have any questions. Our phone number is (619) 340-9156. Sincerely Z;� F G Russell � h 73-510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260-2578 TELEPHONE(619)346-0611 FAX(619)340-0574 PLANNING COMMISSION MEETING NOTICE OF ACTION Date: July 23, 1992 JASCORP 79-811 Country Club Drive Suite A Bermuda Dunes, California 92201 Re: VtT 27561 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of July 21, 1992 . PLANNING COMMISSION CONTINUED TT 27561 TO AUGUST 18, 1992 BY MINUTE MOTION. MOTION CARRIED 4-0 (COMMISSIONER JONATHAN WAS ABSENT) . 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. eARY lh9L�� RAM N A. DIAZ, PALM DESERT PLACOMMISSION RAD/tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal pd 1 ad2 01 01 99 pru city f., )OF OF PUBLICATION (2015-5 CCP) Proof of Publieauon of: 04382 This gene is for the ca,my Clerks Filing Sump CITY OF PALM DESERT CITY OF PALM DESERT LEGAL NOTICE CASE NO.TT 27561 NOTICE IS HEREBY GIVEN that a Pudic hearing will be held before the palm Desert Planning Corttmissldn to consider a request by JASCORP,tor,approvel of,a,2e rot STATE OF CALffO1L'vIA, single fit" subdivision within the vacant arse cf`tlta wdef ng Wlntenuven development an ale south side of County of Riverside, 1 am a cid- k Horsey Law approdmarey Too feet west of Fonda zen of the United Stales and a re- Avenue. sident of the County aforesaid; I SAID public hearing WAD be held on Tuesday.July 21.1992. at7'00 pm In Owl Ccundl Chamber at If*Paim Desert Gry an over the age of eighteen years. Heo,73.510 Fred Waring Drive,Palm Desert CaOtornia,at and not a party to or inter es Led in which We mat piece a0 interested persons are Irrvmed o the above-entitled matter.I am the am and be heard. Written comments cortcemmg 80 Oenw =.red by thh public hearing notice sha0 be principal clerk of theprinterof the accepted up to the data of the hearing. Informeaan Desert Post,a newspaper of gen- coneerning the proposed project and/or negative circulation.printed end pub- declaration Is available for review In the department of cral co nrnur" deveicpmenYpeaNrig at the above address lished weekly in the City of Palm between the house of 8:00 sun.an P�P.M. Desert County of Riverside, and through Friday.If you eMeOenpe which newspaper has been ad- cour4you may ball sled re ral"only dose issues you or Some"else raised at the pubOC hearing described In this judged a newspaper of general notice. w N written correspondence delivered to the circulation by the Superior Court panning commission(or city councl0 ar,Or Prior re,the public g of the County River side,State fiA7AON A. DIAZ, Secretary of California.ia, under the date of Palm Desert panning Commission 10/5,1964,Case Number 83658; 04352 (PUB. JUN 24, 1992) that the notice, of which the an- nexed is a printed copy (set in type not smaller than nonpareil), has been published in each regu- br and entire issue of said news- paper and not in any supplement thereof on the following date,to- wic 6/24 all in the year 1992.I certify (or declare)under penalty of per- jury that the foregoing is true and correct. Dated at Palm Desert California, this 24th day of 6/92 :.)'vd 0 30NVN13 -t ,ej AO Ai10 (Sigrcd) 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (619) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NO(S) : 'T a'7$6� PROJECT: p8 $ (N9L< Fc sc�%✓isitv�, — APPLICANT: �i15GoeF 7 j -g(f CAbw;�ti C.P.-(! ` l- Pe.j,,Mudq Oti C-Sj /2201 Enclosed please find materials describing a project for which the following Is being requesteds Apev%044� C)c 7797s-6/ to c�c.oeAtC7 ;2e ju 'v-c"��Irrn+ ati j/ G )J)11Terf09t/eA/ Peuedorrft"" ,11oc �+, r u PR-s 7x.yJee( I& D�1 GGu 5f� �°�1 �wwux a1°��'�zryP7Ky 73c� �e•y� _ 0-0-5vf op PoeTo&4 ig4*44cu. _ A PPP ( 2-a80 -0vV o�W 6zz - zo0o-vS/74iwr C117 The attached data was prepared by the applicant and is being forwarded to you for comments and recommended conditions of approval . The city is Interested in the probable Impacts on the environment ( including land, air, water, minerals, flora, fauna, noise, objects of historical or aesthetic significance) and recommended conditions of approval based on your expertise and area of concern. . Your comments and recommended conditions of approval must be received by this office prior to 4:30 p.m. T(t�� �7-� g in order to be discussed by the land division committee. The land division committee (comprised of director of community development, city building official , city engineer, fire marshal , and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the planning commission through the staff report. Any infornk3tlon received by this office after the receipt deadline will not be discussed by the land division committee. Sincerely, RAMON A. DIAZ DIRECTOR OF COMMUNITY DEVELOPMENT/PLANNING /tm Attachments PLEASE RETURN MAP WiTH COMMEN15 IN THE CITY OF PALM DESERT RIVERSIDE COUNTY, CALIFORNIA �- I A, 10 .,a A1NE TENTATIVE TRACT 6 NO. 27551 m OWNER/DEVELOPER NOVLEY _ _ —LANE _ SITE ti' :n:�lD.`o9:n=:wDE«':iie. rvlu-n>-ADAA ENGINEER/YAP PREPARE. LOT A 1 '� Ew =r _ a.cLE T-• 1e— — III plc% LOCATION MAP iM:[:»mro .I..,....11...z..Oln.N nll —_ LOT B ' • Y�n. 17J", Rs SP ns — .Y .I Ir ur. 1• 6. I� OLSL W`'� __ ASSESSOR'S PARCEL NUMOERS =303 5 — I'\ 3s 26 3] RAP �� ' AD=3O3 q \ II \ \ \ 9.m6'sF 9sofi sr 9.zD6 sr 9.1:6 sr NI-ND-DD. G G L \ SECTION A-A rr=211e rr=$Ds.l FF=:osS 5 ° IL_\ I 1121� � ' PA0=2015- PAO=IOAb" PA0=Z.,A rF;ZR55 I x15 ZONING AND LAND USE ( \ I PAD=205.0- Ir E \I le/$o sr — _ _ _ n Ex15iwG .,.. - $lo:oz�o ixoaua r:.'-z rrczm.3� TENNIS COURiS �� _PAD=30, _ _ _ n�nu[w'n Rss 1-1 SECTION 0-0 nwm[u mo us[ r.e NIS 33 f I \ 1 \GT y GENERAL PLAN DESIGNATION 6.40 SF'— A \ V A �// / .... .c ...r u �� \� \' lr=i010 — II / / I '` 'j Ni51xa rAs A PAD=3005 D.o)D ;r 1 lamb s! `u91# sr woa[o r., 2. 1/9/ IA ...... Sr I \ $la rF=199-0\ 'FF�19BJ P rr=19AY �'••' J P D�98.5 A0=1903 I] '�� NTIIIIIES e0m Sr PADcl9 I 9 rr=19es EXISTING 1-PLE% —_ \III 1r=200 2 YAD� is 0 � 1 5 rr=19].59 PAN. - ..1 A .1-1 i PAD=199,J i I [oA[x[w.cA..11s. E/ \ .m/ram 19.560 Sr A., - .A.n .1-1.-Inl 5 .^iYa y% — WA 7ER _ _ "} \ e•e�%5, 5! 9 .c e u ua lnaol •. _"� + _ A V/ y \ r1=19e.A a IPA0=1969 ' ti [Y[ene ixRU 1.1 ll.-.... I� T y! e.]095F w P„Da`I97.9 a us c. T \\ �101] 5( I "I 93AO SF r fi I Y I e „ y '^ NLLrxaxt rAu r.nci,u . . P(A..I Yi-rl.l / A \ a E 0. rr=196 3 - I e • I 9.]63 sr 19 16]0 5!\ Y 'Y ?,\• I, s 5 A PAD=W 7 i Is \ u ¢xm I"'A I T D"A—OPIAKI r1=1995 rr=199.0 _ I rr=19>.3 0 r IPAD=199.0 �. PA0=19e5 _ Fr=19 3 PAD=196] 1: I / r e I I q —0 a esiw N.,I All-IIAI x PADp- m.] BODO Sr las Ia.D- a. ..a ,a 'j�b?v� u AREAS IT 7 If u '. �••� Y5 A 'Ao=isJw / 4�I ' e.b02 s� 6.OD6lsr 6.006 sr e.00O sF '..I .. u P LA::n ss PAIR A[.:. 12 H� I9,Au sr 13 Fr=$000 .a .. \ I rXI9r3 " rr,9]1 - fF=1..,l " fl=X61 a IT _ IFr=200.0 pAD=1995 0 PA0�196'Q PAD=196I61 PO=196.. PAO=Ih. I w Nm[5 O.J65 Sr o PADi1995 l 9.1]6 Sr �. ,�•I T 01 PTION PA0=199.6 FF=19].] \ 4 PADm9].2 •• F � •• s [wu[T-11T LOOP STREET A m..L.1I.1 ANx.wa OAAµD PROPOSE 1s • :•=I \ ��_ 9aLor 6 _ _ x An_ " \ r. .. ® 11UNS'A ER d' ASSOCIATES - Riverside ESan Oeruardino, INC. �ulsn.'I,/.IO.eLO X IRA Ylxnuing ngineering•5'wveying•GPS' -19:j1'S RCSIUE:1\1 ' cnA 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA 92260 TELEPHONE(619)346-0611 FAX TRANSMISSION COVER LETTER FAX: (619) 341-7098 TO: Ili Ulf l,�/7 DATE: —J—&-vp 190— COMPANY• �j �� FAX NUMBER: 9/o 78 FROM: � �>° l{'I��(Ti/ DEPARTMENT: l FSyti�lj ,�/�9s+I i ,6 ---------------------------------------------------------------------- MESSAGE: C )owed r e �/�lGe 6 P d�JGtt� .4✓vt S�G77Uyy2 -2 /�G.ry Z �r.10�lP�9✓'S '� (/LiC�/�� �{ � GNI`� /LiO�ct .ZT � Z a i / cc% 0 r C u V a ^emu vaP �lMiio n s r�L* L rra' +� � Number of pages transmitted b ( including cover page) cc.Gee� �Z.���(.t�/✓ G�+�✓Lc..P�„c,c:� d�nor.>�' Z�/..���C/�7i tt.4 �cv�o-�f TJ7C HT 0 pain o 0 0 A 73.510 FRED WARING DRIVE, PALM DESERT,CALIFORNIA 92260 TELEPHONE(619)346-0611 June 19. 1992 CITY OF PALM DESERT LEGAL NOTICE CASE NO. TT 27561 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by JASCORP for approval of a 28 lot single family subdivision within the vacant area of the existing Winterhaven development on the south side of Hovley Lane approximately 700 feet west of Portola Avenue. J;pS/AN [ I II I UCC F r ll 11 CLL O 3 O P K P C J u U HOVLEY LANE i SILVER SUB ECT QERTY o �� REu= �r- -1 ......... .WILLOW "LAKE ...DRIVE......: I I :RERBLE FLOWER I CREEK HILL LANE T LANE' WOOOCREST ....... Q� LANE—- ' I I LAKECRESf -- �� I I :LAKE\\ LANE I LANE.... WILLOW LAKE DRIVE SIERRA MAORE N0fT ` Tom/ -) SO. V SAID public hearing will be held on Tuesday, July 21 , 1992 at 7:00 p.m. in the Council Chamber at the Palm Desert City Hall , 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are Invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the department of . community development/planning at the above address between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues your 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 June 24, 1992 Palm Desert Planning Commission • LAW OFFICES OF BEST, BEST 6 KRIEGEP: RE7ce:j ® JUN 2 6 1992 June 25, 1992 CUMMUIiIry Clry EPALM 0 mE OF R rPARM ENM MEMORANDUM < C_ r a � N fTl TO: Steve Smith, Planning Department c' h P-L City of Palm Desert l --a _-B m FROM: Dave Erwin, City Attorneyco i -7 RE: Jascorp/Winter Haven rn Steve: Attached you will find a copy of a letter I recently received, by hand-delivery, from Lynn Crandall regarding the above subject. I guess my current position is let's wait and see and let them sort this thing out. I need you to give me a call and tell me the status of this project by Jascorp or Swain so we will know how to react. DJE/vcd attachment DJE24442 LAW OFFICES OF LYN N D. CRAN DALL ATTORNEYS AT LAW LYNN D. CRANDALL 43-645 MONTEREY AVENUE, SUITE D TELEPHONE (619) 346-7557 TELECOPIER 16191 773-35B9 WALTER J. R. TRAVER PALM DESERT, CALIFORNIA 92260 LISA A. SEGO ELIZABETH OLIVIER June 24 , 1992 DELIVERED BY MESSENGER David J. Erwin, Esq. BEST, BEST & KRIEGER 39-700 Bob Hope Drive, Ste. 312 Rancho Mirage, CA 92270 Re: Jascorp/Winter Haven Dear Dave: As I mentioned on the telephone, we represent Joseph A. Swain, Inc, which does business as Jascorp. It was recently the purchaser of some undeveloped lots behind gates to a condominium project located on Hovely Lane near the corner of Portola. The project is known as Winter Haven. Winter Haven has had a shaky history. The project was first developed in the early 1980's. It was designed more or less as the typical condominium project behind a wall with an electrically operated access gate. The developer evidently planned to develop the project in phases and the first phase consisted of 28 condominium units together with some greenbelt improvements, a swimming pool, tennis courts and street improvements covering the tract map of the first phase. The first phase was known as tract number 17794-1 . The 28 condominium units and the common area improvements were constructed. The developer had final maps recorded covering the rest of the area within the wall of the community consisting of tracts 17794-2 and 17794-3. In connection with the first phase, the developer caused typical CC&R's to be recorded. The project was completed during economic times similar to those now being experienced and sales were slow. The project was eventually lost by foreclosure to the construction lender. I am not sure but I think that the foreclosure took place at least four or five years ago. The lender worked with the project for a time and eventually that lender was taken over by Resolution Trust David J. Erwin, Esq. Page 2 June 24, 1992 Corporation. Jascorp has purchased the remaining vacant property within the project. Its desire is to not be a part of the existing homeowner's association but to cooperate with it. Its desire is to sell lots to builders and perhaps to build some houses itself in a price range similar to the homes now being constructed in the area of Hovely Lane and Monterey. We were asked to do an analysis for the developer of its rights in that regard and we concluded that under the existing documentation, the existing CC&R's, as supplemented, do not bar Jascorp from doing as it desires and that Jascorp and buyers from it would have the right to access property through the existing security gate. Jascorp essentially had what it believed to be an oral understanding worked out with the homeowner's association concerning an arrangement by which Jascorp and its buyers would share access gate costs and other expenses and would form its own- association as outlined above. As often happens with homeowner's associations, some of the owners are objecting and the matter remains unresolved, at least for the time being. It is part of our task to work with the association's attorneys in an effort to resolve the matter. However, I understand that one or more of the association members may have contacted the city's planning department; aside from that, Mr. Swain has had several conversations with the people at the planning department and that department is cognizant of the general nature of the problem. My purpose in contacting you is to apprise you of our thoughts concerning Jascorp's legal status so that the city is not under a false apprehension as to its position. I believe that it will be successful in working out an arrangement with the homeowners but because of the sensitive nature of the matter, I wanted you to be apprised of Jascorp's position in the meantime. The confusion on the part of the homeowners revolves around two aspects. The first is whether the CC&R's encumber Jascorp's property so that it necessarily will be a part of the association and subject to the association's architectural review process and so forth. The second matter concerns access rights through the gate. A few members of the association, particularly a retired attorney, Saul Goldman, seems to be taking the position, at least informally, that Jascorp must deal on whatever basis the association desires because the CC&R's encumber its property and secondly, the association is able to bar Jascorp from access through the existing gate. This particular homeowner has advised me that he believes a preferable solution is for a second access gate to be constructed to service Jascorp's portion of the property. David J. Erwin, Esq. Page 3 June 24, 1992 Concerning the last point, I am sure it was the city's desire that there only be a single access point on Hovely Lane. This is a rather small development. As stated above, there were 28 original units and I believe the original plans called for the addition of about 45 units. Jascorp's desire is to create 28 additional lots for single family residences. Consequently, the project is hardly large enough to have two access points on the same street with the consequent dangers that would entail . Our reading of the CC&R's has lead us to the conclusion that they do not encumber Jascorp's property. Although the CC&R's are somewhat confusing because blank spaces were never filled in where there should have been a legal description of property be annexed in the future, it is very clear by the CC&R's reference to what is encumbered that they only encumber the area of tract 17794-1. Enclosed herewith is page 1 of the CC&R's and as you can see, the legal description describes the property and refers only to that tract. Obviously, the CC&R's contemplate that there would be annexation property and the CC&R's contain typical annexation provisions on pages 28 and 29, copies of which are enclosed. Further validating our conclusion was a supplement to that declaration which was recorded by the construction lender when it owned the property and which was designed to effect, subject to conditions, an annexation. It is enclosed. Section 1 on page 2 of the document annexes phase 2 of the project. However, that same section provides that the annexation shall be effective only upon close of the first escrow within phase 2 of the project. This obviously refers to a sale to the public and there has never been any development of phase 2 nor has there ever been a sale of any lot to the public. Further, section 2 of that document provides for a de-annexation so that even if the annexation could be deemed to have taken place, Jascorp is in a position to de-annex because all of the conditions to such de-annexation are in a position to be satisfied. That is, Jascorp can file a notice of de-annexation; no vote has been exercised with respect to phase 2, assessments have not commenced, no escrow has closed, the association has not made any expenditure concerning phase 2 and no public report has been issued. Our conclusion, therefore, is that Jascorp is not prevented by the CC&R's from doing what it desires to do. The remaining question relates to access. I will not bore you with the legal details but we believe ample authority exists under either of two theories to sustain Jascorp's access rights. Some easement litigation have resulted in blurred concepts but not so with respect to implied easements which David J. Erwin, Esq. Page 4 June 24, 1992 exist by reference to a map. It is very clear from the subdivision mapping that has been done on this property that the only possible means of access is through the main gate. An easement by implication can arise very easily when there has been mapping as has been done here. A second independent basis exists by an easement by necessity. No other access to this property exists. In fact, the city caused the developer to give up access other than by the main gate as would be its normal practice in connection with this sort of walled community. Last, independent of any provisions in the CC&R's the subdivision maps covering all three of the relevant tracts show the developer as retaining lot "B" which is, in each tract the perimeter and only private street, for access purposes. Language in the owner's certificate creates an easement for the private streets for the "sole benefit of ourselves [the developer] , our successors, assigns and lot owners within this tract map. " We believe that no doubt can exist but that Jascorp and its buyers may have access through the main gate. Certainly how costs with respect to the gate are to be shared must be resolved but that is a subject separate and apart from access itself. The cost sharing arrangement with respect to the gate is a rather minor matter and I am sure it can be worked out once the association's attorneys have reviewed the matter. Very truly yours, LAW OFFICES OF LYNN D. CRANDALL Lynn r all LDC:sgc 6193 .04 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: COPY of Document Recorded i n2, ts.to as PALMIERI , TYLER, WIENER, OULI .I WILHELM u WALDRON (DCT) has not been compared with 4000 MacArthur Boulevard Original. East Tower - suite 1000 WILLIAM E. CONERLY Newport Beach, CA 926GO County Recorder RIVr-F.!ilf.`F COUNTY, CALIFORNIA SUPPLEMENTARY DECLARATION Or COVENANTS, CONDITIONS AND RESTRICTIONS AND DECLARATION Or ANNEXATION FOR TP.ACT DIO_17794-3 (PIIASG 2) THIS SUPPLEMENTARY DECLARATION is made this 7 n/day of �yILL� y , 198$, by PROGRESSIVE SAVINGS AND LOAN ASSOCIATION, a California corporation (the "Declarant" ) with the following facts and circumstances : R E C I T A L S : A. The Declarant ' s predecessor in interest executed a Declaration of Covenants, Conditions and P.esLrictions which oas /YC recorded on October 12 , 19,94, as Instrument No . 221524, Official Records of Riverside County, California (the "Declaration" covering real Property in the City of Palm Desert, County of Riverside, State of California, described as Lots 1 through 28 of Tract No . 17794-1 , as per map recorded in Boo)c 145 , Pages 12 and 13 of Maps, Records of Riverside County, California ( "Phase 1 of the Project" ) ; B. Lot 29 of Tract No. 17794-1 was previously conveyed to the Association by Declarant ' s predecessor in interest by deed recorded June 6, 1985 as Instrument No. 121745, which deed is subject to the Declaration; C. In cunformance with the detailed plan of tine �I " . . u.G.,o ::3Lds,u, ., t;, wa:t-,� ny �� Iu..� ,�,ir t;., .;;iL...•�? �..{ .A:::., .:.;:. G, overall project, Declarant desires to annex the real property P J P P Y described in Recital D below to the Project and thereby make such additional property subject to the jurisdiction of the Association as defined in the Declaration; D. Declarant is the owner of the real Droperty in the City of Palm Desert, County of Riverside, State of California , described as Lots I through 18 and Common Area Lots 19, A and B of Tract No . 17794-3 , as per map recorded in Book 150, Pages 6 and . of Naps, Records of Riverside County, California, and Common Area Lots A and B of Tract No. 17794-1 , as per :nap recorded in Book 115, Pages 12 and 13 of Naps, Records of Riverside County, California ( "Phase 2 of the Project" ) . Declarant now desires to annex Phase 2 of the Project to Phase 1 of the Project and thereby make Phase 2 of the Project subject to the terms, conditions , covenants and restrictions of the Declaration. NOW, TF.!IEFORF , Declarant hereby declare-. as follows : 1 A141':F.X='.T I nip Section Itnn6xation. Pursuant to the terms of the Declaration, Declarant, as the owner of Phase 2 of the roject , declares '.hat Phase 2 of the Project shall Le. annexed and made a part of Please 1 of the Project, and su}bp:-ct to the functions , Dowers rind jUr].SdiCtion of the Association a- described in the Declaration; provided, however, this annexation shall only be effective on "lie close of the first escrow within Phase- 2 of the Project. Upon the effective date of the ,......0 �,.: all ` t'-e r- l PrnnP t:y in Pita-e 2 of tile Project shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions of the Declaration. -2- Section 2 . Deanner.ation . Declarant may delete all Or a portion of Phase 2 of the Project from coverage of the Declaration and the jurisdiction of the Assoriati Oa, as long as Declarant is the caner of all of Phase 2 of the Project, and provided that ( a) 3 Notice of Deletion of Territory or Declaration of Deannexation is recorded in the Office of the Riverside County Recorder in the same manner as this Sups_ erert ary Declaration was recorded; (h) Drc_ a:an- has not exercised any Assc•ciation vote with respect tc any portion of 7r.a sE Of i...e PrC•]eC ( r ) a-sessme.,`_s ha :E not yet cJ,T,menced wit: respect to ar.V portion Of Phase 2 Of the : ro] ect, (d ) no escrc.w has clCsed for the sale of any Lot in any _ crtion Of Phase v_ the to tnE public ; e the Ss^ i on has( ) . ._ c_ a:i _ ,a_. not made a-.Y ela•<_ndit' res or Incurred any Obligati0.^.S n'it:: respect to „as_ 2 of t.^., ?rC eCC ' and ( f ) a Final Public Re-c. t has. not _?c7. for P:.a_ . _ oil the Pro' ect . ' T I D_....N" :CN ( a ) LOLS l throuch 12 Of saiC. ..�_ id= �Cts as dr•fi pled in C,rri __e. ' , j,c-Cti Gr: .3 . 21 C_ the Dec larati or. . (hj Lo: s 19 , A and E of Tract No . 177' -5 and Lots A and E of _raft NC . shall be "COmmor. Area" as defined ir, Article 3 , Section: 3 . 8 of the Declaration. III EASEMENTS All eas-rmer.ts reserved by Declara.nt in the Declaration are hereby reserv:ad by Declarant over Phase 2 of the crdja��, together with the right to grant and transfer the lame as provided in the Declaration. -3- IV LAXDSCAPE MAINTENANCE AREA That portion of Phase 2 of the Project which is described in Article 15, Section 15 . 3 of the Declaration, is hereby designated to be Landscape Maintenance Area . The Association shall become responsible for the maintenance of such Landscape Maintenance Area concurrently with the commencement of Regular Assessments for the Lots in Phase 2 of the Project . An casement for the maintenance of the Landscape Maintenance Area located within Phase 2 of the Project is hereby reserved for the benefit of Winter ?laver; homeowners Association . V ASSESSMENTS All assesomant.s provided for in the Declaration ..mall commence as to all Lots within Phase 2 of the Piojert ( including assessments on all unsold Lots owned by Declarant ) on the first _•a_J o: he month follcwinq the conveyance by Lie'-;.aran* of the first Lot within 1hase 2 of the Project to aI; Owner ( as defined in the Declaration ) or earlier at the discretion. of Declarant . VI NCC O^ATION OF DECLARATION All the terms, covenants, conditions restrictions, easement and other provisions of the Declaration are hereby incorporated by reference and shall be as enforcoaKe and effective against Phase _ of the Project as though the Declaration had been recorded directly against Phase 2 of the -4- IN WITNEE-S WHEREOF, Declarant has executed this Supplementary Declz;ration on the date first above written . PROGRESSIVE SAVINGS AND LOAN V ASSOCIATION, a California corporation By By. :TFor CALI Fop,414 Oul"t,Y OF ryp O� aele Pe's"n I 1p ba.1 mi")Y a'nPel'ed--- Jam- One n10 the unde"signed,a tjohlry pIhIe in and I" C CLIlh M &'jd' 4 F oce)10 be th Per"nally kn,,n I, and 7 G cut,i-ve vi(Wa I Pl,-In, who,""'led the within instrument as .rtP. �vslden:and V for Prnv" GM In 1.1"Ll Ac Qlr"eahon the., in "Onied, C-F'O'ahon C"ecu!edthewi and a"nclwl,dged 10 me that China" nsflurne:,;PuFsUnnj 10 its Z Ora; "O"'"On of its boaf N'Ii NEd Of cfireclor--. %V A:,sr�' tL MY hand and Officia! e�j, N�TA� Ull Alf- LES ::C, "n 'I'MY c6lm XP. (Ths area III Of!'cial 10!ari.rj seal, 1 7-161-1 11--- 4_` •y T r` f .P 'u0!ibelpa0 uVl JO swRiweJd aVl p1 lail4ns •~j' p INVt pve IpafeJd SYf )o lJed a se padolswap a4 uodnajaVl IP- �ff♦u'. +? •YsJ ♦ p1 Itt4 oa A I*W leu1 ppe p!n put 'uwlea:auuV A4 IUICJd 441 01 ^i fa A1Ja0oJ uoprnuu SVf )ol l.ed Aug Jo Ill DM Am J>dolaw>0 "'��: '6jsu.0 *,Ain) J.D41 put 1*01d 00l 6 bA1j lepusp put aVl Jo IR J' VJsua4 sul .I put Put 6SJd p!n )0 "od, d WHI put Al!lluNOn alup 'a put p llgvls Jad Put 6Sit Put _�.. ' nodJnd s41 Jo) .put uawo. put 41 a4 url A4aJS4 fi Put •AIJ SOOJd p!n )o aln put ivawawoJdw! aVl Jo) urld a )o a>uuaVLn/ ul a4 01 put puel 841 Vl!. unJ of p"jfw put ps,tpsp A4SJs4 p aJt Vp!V• Jo lit •tuo!tlnud Put tuO9p!JltaJ 'SV Ilpuaa 'gUVU0A" •{ bw-ollo/ 041 of Ual4ns panoJdw! put W!dm» 'pasn 'psiwJ 'patesl 'psjagwnpua •psIt3sglodAW 'plos *PoAawuao 'PI&M a4 1101% put play s! Ai+adoid p!es 1,41 caJtl>ap A4sJSV Jad0lawa0 NO11VbY1D30 1 31D111!lv :<rollo) se 't+aurp a,mn) fU Put 'l>alo.d sut u� '� ..........' t'♦<, pd ayi Jo lit Jo 1psus4 Sul Jq luaw>ACJdw! )p utld IeJau16 a 'spun tuoND4ltaJ le!,!)au>4 Allenlnw AlJadwd p!n uo ssodw! a1 'AIJ>daid Mrs IJodn (.Ia !OJd.) 1*01d i.SuW0lawa0 Itpuap!say pauueld • J0 5•�i-`M..��+"•� uoneaN SN Vl!a uoilpsuuoo u! 'spuslu! put fan<ap A4aJaV Jadolawa0 J: •eyo>ay 41unu•J api C.A.iV 'id♦A J^ h pve e, e>>••G ••yya ..dr}' Swl aoog ui .111 uo 4. Ao .rout It 'I-16Lll 11-11 Ju He u)nu,ul I t:ol 4Y.;• �•Lr'- VIVD311 (.Iulolda) srollo) se pWuosap AlJtino¢Jed a,aW 'Mu,oJ!IeD )o gelS 'ap!tJSAI'd )o Alumo '1181460 wltd )o AIID &%I u! Alia00ud Its, *4% )o Jau.o SV1 sl ' Jadco-s0. a .ola4 0l pun/sJ •HDnON00pit 'A Svl'f0H1 put '11o11e,od,03 vuJopleD a --ONO '"S 'NVWMVM 03MA )o pssodwop aJnivSA iuiof a 'Bn17 13nODVM SDNIMdS 1M3530 N3AVH U31NIM do 1 SN011DIVIS311 ONV 'SN0111040D 'S1NVN3AOD 10 N011V11Y*30 j 1 •�l I .. II Ir %:r i•'<l^::7, „yc•p a `'j':nci�iL rnj r - 11,/, Meetings. The Committee shall meet from time to time ` p as necessary to perfom its duties hereunder. The vote or written I(fY3 constert of a maprtty of the eavnoers, at a meeting or otherwise, shall <y H constitute the act of the COmemittee unless the unanimAas omission of the Committee is required by any other prevision of this Declaration. The N Committee shall keep and maintain a written record of all actions taken by it at such meetings or otherwise, Members Of the Committee shall not receive any compensation, for services rendered. 17.1. Architectursl Rules, The Committee may, from time to time, and in its foe anT�abioTuu 7,uretion• adopt, amend, and repeal, by unanimous vole or wriltM consent, rules and regulations to be known as 'Architectural Rules'. Said Rules shall Interpret and implement this Declaration by setting forth the standards and procedures for Committee review and the guidelines for architectural a• design, placement Of buildings, landscaping, color schemes, eeterior finishes, and materials and similar features which aR recommended (or use within the project. 17.10. Waiver. The approval by the Committee of any plans, drawings, or %peci Mu inns for any work done Or proposed• or for any other matter requiring the approval of the Committee, shall not be :t deemed to constitute a waiver of any rights to withhold approval Of any ;,j b'3•'' similar plan• drawing, specification, or matter subsequently submitted 4 L for approval, -s 17.11. Liabilit . Neither the Deveoper, Committee nor any a member thereof sha�able to the Association. any Owner, Or to any other party• for any damage, loss. or prelutlice suffered or claimed on account of lei the approval or disapproval of any plans, drawings. or ;�;%•• specifications: or lb) the construction Or performance of any work, "y r whether or not Pursuant to approved pans, drawings, and y� Latas. specifications: provided that with respect to the liability of a member, s ' i' such member has acted in good faith on the basis of actual knowledge V= possessed by him. m'-"• v' - ^'��,- - ARTICLE 11 ' i '"•'fit - ANNEXATION rr Upon the recordation at any time, and from time to time. •?' '' prior to the third anniversary of the original Issuance of the most '`wl.•d. recently issued California Department of Real Estate Final Subdivision ~ Public Report for a phase of the project. of an Instrument or M instruments entitled 'Notice of Annexation of Territory- (hereinafter referred to as 'Notice-) filed by the Developer covering all or any portion of the Annexation Property: and any final subdivision map ^y' recorded in accordance thereto, containing a provision making this '1 .:.� Declaration specifically applicable to aid Residential tots and/or •r, t. �,kysf ComieNm Area in the ame manner as if It were originally covered by C. = y ..ii�l. �..<.hj P.P;-i+�C:.,orr;::`.�_•"f'3,.�--1T I .......i � l � I this Declaration and thereafter the rights• powers and responsibilities of the p+rbes 10 this Oeclafahon with respect to the annexed N Res.denlul Lots and Common Area shall be the same as with the original I,) project covered by this Declaration and the rights, privileges. duties y@; Hand liabilities of the Owners and the imposition of assessments and M enforceability of liens shall be the Same as in the rJw of the originel Project. provided that regular assessltenlS AS to s"h Residential Lots so annexed shall commence upon the Clow of escrow for the Safe of the first Residential Lai or Residential Lots fo annexed. All such Owners of the added Residential Lots shall, upon the snnexation of such ' Residential Lots to the project as herein provided, become Members of the Assdelatitl• as provided in this Declaration. Articles and By-U.S of the Association, with all the rights and obligations pertaining theftlo. prior to the conveyance of any Residential Lot to a Class A ••' Member in the property w annexed, Developer covenants and agrees that 1t shall convey to the Association the applicable Common Area for '• i'i' the uses and purposes set forth in Article a of this Declaration. Developer shall have the right to grant to the Owners of the annexed Residential Lots a nonexclusive easement to use the Common Area of the protect for the uses and purposes set forth in this C.7f Declaration. _ w F'� U<veluper agrees that it .ill not exercise its rigor to annex oily of said property to the prpleCt unless the tlwellings to be .x. .•� constructed on said property are of a size, style. quality and cost comparable to the Units located in the existing project• and the number ;t.�:L.- j7 of Units net the aggregate do not exceed several Y-five I7S). ARTICLE 19 •_°(<• }Y DAMAGE AND DESTRUCTION Of COMMON AREA In the event the Common Area or any portion of it is damaged �- -%^'- LY C. flood, Or other casualty• the Board shall take such steps as aa{�•tlaj �y +A .F are proper to t make the necessary repave and reconstruction result of the _ dan.age. In the event any insurance proceeds d ll a result of the j,� ''•YYee ,Ya the in do nut cubed Inc sum o/ Ten Thousand Dollars (fIs 0utio1. the insurance proceeds small be held by the Board for reconstruction. any—^ In the event the insurance proceeds do exceed such sums, then all of t the insurance proceeds shall be paid to the holder of any Mortgage of dead of trust upon the Common Area or any portion of it, in trust. however, for the purpose of making payment upon the cost of repairs and reconstruction. Any insurance proceeds in excess of the amount reused to pay such costs shalt be disbursed to and belong 10 the Assne,azno•t. In the event the Insurance prxe<ds are insufficient to _ , k! WV .il of pia coils of the repairs And reconstruction, the Board shall rtEj a D Y. t I"y + S ,e assessment against mp the such r in bawl amounts r. such aiGFL3P'� alznn +spore nccessa rig to :omplele such reconstruction repair. The '.'f�rti X%w:ab_. --i Rom. > "K•i. k . G 1 y I - - ---- J N ATEq 'Y ESTABLISHED IN 1918 AS A PUBLIC AGENCY 1 ��srRlcj >A (�✓j/// COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1058•COACHELLA,CALIFORNIA 92236•TELEPHONE(619)398-2651 DIRECTORS OFFICERS TELLIS CODEKAS,PRESIDENT THOMAS E.LEVY,GENERAL MANAGER-CHIEF ENGINEER RAYMOND R.RUMMONDS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY JOHN W.McFADDEN R� OWEN MCCOOK,ASSISTANT GENERAL MANAGER DOROTHY M.DE LAY June 18, 1992 �� REDWINE AND SHERRILL,ATTORNEYS THEODORE J.FISH A �o le File: 0163.1 Department ef ryonmental Services cixPAp City of Palm Desert ok`EpAR7 73-510 Fred Waring Drive Palm Desert, California 92260 Gentlemen: Subject: Tentative Tract 27561, Portion of the Northeast Quarter of 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 District No. 80 of Coachella Valley Water District for sanitation service. If you have any questions please call Bob Meleg, stormwater engineer, extension 264. Yours very truly, P Levy General Manager-Chief Engineer RF:lg/e6 cc: Don Park Riverside County Department of Public Health TRUE CONSERVATION USE WATER WISELY -p,�, ORANGE Cis;: RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: a �•�w�KTR� ````� 's"'"4`` Copy P Y of Document Recorded PALMIERI , TYLER, WIENER, �n"� n. 8 191,19. as PJo. �...,r.a. WILHELM & WALDRON (DCT) has not be(.,n CoMprjrod With 4000 MacArthur Boulevard original. East Tower - Suite 1000 WILLIAM C-. CONI RLY Newport Beach, CA 92660 County Recorder RIVr--p;ilCF COUNTY. CALIFORNIA SUPPLEMENTARY ,DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND DECLARATION OF ANNEXATION FOR TRACT NO. 17794-3 (PHAS ?. THIS SUPPLEMENTARY DECLARATION is made this __/77 //day of U_Rtf s/ 198$, by PROGRESSIVE SAVINGS AND LOAN ASSOCIATION, a California corporation ( the "Declara4rt" ) with the following facts and circumstances : R E C I T A L S : A. The Declarant ' s predecessor in interest executed a Declaration of Covenants, Conditions and Restrictions which was l recorded on October 12 , 1984, as Instrument No . 221524, Official Records of Riverside County, California ( the "Declaration" ) t covering real property in the City of Palm Desert, County of Riverside, State of California, described as Lots 1 through 28 of Tract No . 17794-1, as per map recorded in Book 145, Pages 12 and 13 of Maps, Records of Riverside County, California ( "Phase 1 of the Project" ) ; B. Lot 29 of Tract No . 17794-1 wa:; previou :l.y conveyed to the Association by Declarant ' s predece^sor in interest by deed recorded June 6, 198S as Instrument No . 121745, which deed is subject to the Declaration; C. In conformance with the detailed plan of the � & d f - . .irj rl..S ;.1', ' .S r� '7•,b ..: tJ .:R.t+'yNow almM- . i / overall project, D,:ciarant desires to annex the real property / described in Recital D below to the Project and thereby make such additional property subject to the jurisdiction of the .8sociation as defined in the Declaration; D. Declarant is the owner of the real property in the City of Palm Desert, County of Riverside , State of California , described as Lots 1 through 18 and Common .rea Lots 19 , A and B of Tract No . 17794-3 , as per map recorded in Boo;: 150, Pages 6 and , of Naps, Recc,rds of Riverside County, California, and Common Area Lots A and B of Tract No . 177/ 44-1. , as per map recorded in Look .l-IS , Pages 12 and 13 of Maps, Records of Riverside County, California ( "Phase 2 of the Project" ) . Declarant now desires to annex: Phase 2 of the - rcect tr, Phase 1 of the Project and thereby make Phase 2 of the Project subject to Ln.e terms, conditions , covenants and restrictions of the Declaration. NOW, THE'iELUi:E , Declarant hereby deciare- as follows : i ANNEXF.T 1 ON Section, Fnnexation. Pursuant to the terms of the Declaration, D,-,clarant, as the owner of Phase 2 of the roject , declares ILA-at "ha=e 2 of the Project ei-,all 1-,e annexed and made a part of Phase 1 of the Project, and suL-ject to the functions, powers ::nd j Uri scii.ction of the A socir:t.ion as ciescribeci in the D;-claration; provided, however, this annexation shall only L-•e effective on the close of the first escrow within F,hase 2 of the Project. Upon the effective date of the ,.pnaTty in Phase 2 of the Project shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions of the Declaration. -2- Section ^ De annexation. Declarant ma'y delete all or a portion of Phase 2 of the Protect from coverage of the Declaration and the )urisd..iction of the Association, as long as Declarant is the a•aner of all of Phase 2 of the Project, and provided that ( a ) 3 Notice of Deletion of Territory or Declaration. of Deannexation is recorded in the office of the Riverside Coun�y Recorder in the same manner as this Declaration Was recorded ; ()---) Dec . a:sn: has not exercised any As_ _ iation :ete With respect tG and :portion of 7hase 2 or rhec Prc]eC ( c ) a-.se55m_.. _.. }:L :E not yet CGT„T:e..Ced respect to any por--!= of Fnase 2 of the : :Gje; (d ) no escrow has closed for the sale of any Lot in any Orti Gn of P.^.ase _he PrC,, eCt tG t'ne public ; ( e ) th C- .. c^C = 6 __ on hR5 not made. or incLire❑ any orllOatio.n. Wit". respect Lo 2 of t^_ Pi- ec . and ( f ) a Lira. Public F.e- . '. has. no_ Of 7 T ( a ) Lots 1 tnroua: I8 of sa. .. a c Nc Gi3 . - 7=: tf -al L('tc " as deft- ned in Secti 21 f the Dec:aya,: on . (bj Lor.s 19 , A ang E of Tract Nc . 17. 79-.- 3 and Lots A shall " and .. of _ raft Nc . i779=- 1 c.r�a b_o "Cnr,:mcr. '.---ea" as defined in Ar-icle 3 , SECtiG;: 3 . D of the Declaration. III EASEMENTS All eas:rments reserved by Declarant in the Declaration are here-by reser•:,�d by Declarant over vhase 2 of the rroj.c , together With the right to grant and transfer the same as provided in the Declaration. I i I IV LANDSCAPE MAINTENANCE ?:REP. That portion of Phase 2 of the. Project width is described in Article 15, Section 15 . 3 of the Declaration, is hereby designated to be Landscape Maintenance Area . The Association shall become responsible for the maintenance of such Landscape Maintenance Area concurrently l:ith the commencement of Regular Assessments for the Lots in Phase 2 of the Project . An casement for the maintenance of the Landscape Maintenance Area iocate6 within Phrase 2 of the Project is hereby reserved for the benefit of Wrote: Haven homeowners. Association . V ASSESSMENTS 11 as_-,eoLmants provided for in the DeK arat.ion shall commence as to al: Lctc within Phase 2 of the . : o>: L ( including assessments on all unsold Lots owned by Declarant )) on the first day of the month ] olJowina the conveyance by Del .avant of the first Lot within Ihase 2 of the Project to an Owner ( a_ defined in the Declaration ) or earlier at the discretion of Declarant . VI 'NCORPORATION OF DECLARATION All the terms, covenants, conditions. reetrietions, easements and other provisions of the Declaration are hereby incorporated by reference and shall be as enforceable and it effective against: Phase _ of the Project as though the Declaration had been recorded directly against Phase 2 of the J _4_ 1 IN WITNEE.S WHEREOF, Declarant has executed this Supplementary Decli.ration on the date first abode written . p ^-'cRGGJ.t..S.VE cr`,-]NCS p•t3r: LOAN . ASSOCIATION, a California corporation By' Its 'A,TF OF CALIFG-,,,t - 7GF LGE *- o .. c 'yF.Derma nal y •1ne u d_ _J?�`> T - ,c*lure me the untlersi In nd,a Hry n - - ch sr l u� ._ Con;3].e ,�nl[ and '�n C to: I'::i!.el salisf actoly evitlnncel IC be the Pe - - -_.- o --- - l -_ -.____- ._ ..Derv:onalll'known la Inc.rn o, .... �;��d vVc- I proved Io nle-on the an: .r�^n5 who e"ctned the within instrument as_ .. 'vent and �'i;•n P ��reesi.v� - . ._,re�ir3cr,t�••,- , -- .. -d/51 7Y.on h[ha of . I•ic 1 lr•�n _ -- -j or <. bon Iherr•in '11119d,and fichnowd�ed Ic my Iha; -. G a :ua_ c r nr2hon ayr.cohpdfh[within instrum, , a`� I ^y Ta purluanl lotls , II :asolutlon of"I homd [ %'- -�r 11'Ii NCS Iort. /:IIi1'!i Ya':_? u S my handaacf 99 !• .,.,,�,.;•a.::_.. k Official seal. ppv '�1;' LO -.... ;: .,,YG okim • 15 A.17i:CL[; is G!:;; .P. J'JH: •� (This area 'or ofbcia! no!eriai.'.2nli I I t CALIf Ok%'IA 1-4AY) 11ILE A5.50CIATIO," A STAyDARD COVERAGE.POLICY MO II3 CHICAGO TITLE INSURANCE COMPANY SUBJFCT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONfAINED IN SCHWULF 8 AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE J:0,NlVANY,aNli' insures,as of Date of Policy shown INSIMANCi S%OLjri corporation, hcrein called the Company, in Schedule A, against loss or damage, not exceeding the Amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of; 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarkelabilky of the title; 4. Lack of a right of access to and from the land; and in addition, as to an insured lender only: 5. The invalidity or unenforceability of the lien of the insured mortgage upon the title; 6. The priority of any lien or encumbrance over the lien of the insured mortgage, said mortgage being shown in Schedule B in the order of its priority; riforceability()I any assignment of the insured mortgage, provided the assignment 7. The invalidity or tine is shown in Schedule B, or the failure of the assignment shown in Schedule B to vest title to the insured mortgage in the named insured assignee free and clear of all liens. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title or the lien of the insured mortgage, as insured, but only to the extent provided in the Conditions and Stipulations. Ill Witness 117iereof,CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY By: Issued by: CHICACO TITLE COMPANY 3880 Lemon Street /`�GVY�/��i��CsG' Riverside, CA 92501 President (714) 686-4180 By: L ... JS Secretary • _ Policy No. 528699 - age I i a DESCRIPTION PARCEL A: THE SOUTHERLY 250.00 FEET, MEASURED ALONG THE WESTERLY LINE THEREOF, OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF. EXCEPT ANY PORTION LYING WITHIN TRACT NO. 17794-2, AS PER MAP RECORDED IN BOOK 150, PAGES 4 AND 5, OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. PARCEL B: LOT(S) 1 THROUGH 15 INCLUSIVE AND LOTS A AND B, OF TRACT NO. 17794-2, IN THE CITY OF PALM DESERT, AS PER MAP RECORDED IN BOOK 150, PAGE(S) 4 AND 5 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: LOT(S) 1 THROUGH 19 INCLUSIVE AND LOTS A AND B, OF TRACT NO. 17794-3, IN THE CITY OF PALM DESERT, AS PER MAP RECORDED IN BOOK 150, PAGE(S) 6 AND 7 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Policy No. 528699 13 e SCHEDULE B EXCEPTIONS FROM COVERAGE 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 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. Proceedings by a 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. 2. Any facts,rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances,or claims thereof,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 the 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. PART II 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1992-93, NOW A LIEN, NOT YET DUE OR PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES, IF ANY, ASSESSED PURSUANT TO THE PROVISIONS OF CHAPTER 3.5 (COMMENCING WITH SECTION 75) OF THE REVENUE AND TAXATION CODE OF THE STATE OF CALIFORNIA. 3. RESERVATIONS CONTAINED IN THE PATENT FROM THE UNITED STATES OF AMERICA, RECORDED APRIL 16, 1959 AS INSTRUMENT NO. 32321 OFFICIAL RECORDS, AS FOLLOWS: "SUBJECT TO ANY VESTED AND ACCRUED WATER RIGHTS FOR MINING, AGRICULTURAL, MANUFACTURING OR OTHER PURPOSES, AND RIGHTS TO DITCHES AND RESERVOIRS USED IN CONNECTION WITH SUCH WATER RIGHTS AS MAY BE RECOGNIZED AND ACKNOWLEDGED BY LOCAL CUSTOMS, LAWS AND DECISIONS OF COURTS, AND A RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY AUTHORITY OF THE UNITED STATES." 4. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: UNITED STATES OF AMERICA PURPOSE: ROADWAY AND PUBLIC UTILITY RECORDED: APRIL 16, 1959 AS INSTRUMENT NO. 32321 OFFICIAL RECORDS AFFECTS: SAID LAND asnouee a/m/es I • Policy No. 528699 -1 Page 2 e SCHEDULE B (CONT. ) Part II 5. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COACHELLA VALLEY COUNTY WATER DISTRICT PURPOSE: UNDERGROUND PIPELINE RECORDED: MAY 16, 1963 AS INSTRUMENT NO. 50883 OFFICIAL RECORDS AFFECTS: SAID LAND 6. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: COACHELLA VALLEY WATER DISTRICT PURPOSE: BUILT AND MAINTAIN AN UNDERGROUND PIPELINE RECORDED: SEPTEMBER 17, 1984 AS INSTRUMENT NO. 202004 OFFICIAL RECORDS AFFECTS: SAID LAND 7. THE MATTERS SET FORTH IN THE DOCUMENT SHOWN BELOW WHICH, AMONG OTHER THINGS, CONTAINS OR PROVIDES FOR: CERTAIN EASEMENTS; LIENS AND THE SUBORDINATION THEREOF; PROVISIONS RELATING TO PARTITION; RESTRICTIONS ON SEVERABILITY OF COMPONENT PARTS; AND COVENANTS, CONDITIONS, AND RESTRICTIONS. RECORDED: OCTOBER 12, 1984 AS INSTRUMENT NO. 221524 OFFICIAL RECORDS SAID COVENANTS, CONDITIONS AND RESTRICTIONS PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT THE LIEN OF ANY MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. SAID INSTRUMENT ALSO PROVIDES FOR THE LEVY OF ASSESSMENTS, THE LIEN OF WHICH ARE STATED TO BE SUBORDINATE TO THE LIEN OF A FIRST MORTGAGE OR A FIRST DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE. THE PROVISIONS OF SAID COVENANTS, CONDITIONS, AND RESTRICTIONS WERE EXTENDED TO INCLUDE THE HEREIN DESCRIBED LAND BY AN INSTRUMENT RECORDED: MARCH 18, 1988 AS INSTRUMENT NO. 72588 OFFICIAL RECORDS SAID MATTER AFFECTS: TRACT 17794-3 8. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE MAP OF THE SUBDIVISION SHOWN BELOW SUBDIVISION: TRACT NO. 17794-2 PROVISIONS: AS FOLLOWS: CLTABBC 12/16/98 Policy No. 528699 Page 3 SCHEDULE B (CONT. ) Part II TO RETAIN LOT "A" AS A PRIVATE STREET FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT MAP AND TO DEDICATE THE EASEMENTS OVER LOT A FOR EMERGENCY AND PUBLIC SECURITY, INGRESS AND EGRESS AND PUBLIC UTILITIES PURPOSES. 9. PROVISIONS, HEREIN RECITED, OF THE DEDICATION STATEMENT ON THE HAP OF THE SUBDIVISION SHOWN BELOW SUBDIVISION: TRACT NO. 17794-3 PROVISIONS: AS FOLLOWS: TO DEDICATE TO PUBLIC USE FOR STREET AND PUBLIC UTILITY PURPOSES, LOT Ap AND TO RETAIN LOT B AS PRIVATE STREETS, FOR THE SOLE BENEFIT OF OURSELVES, OUR SUCCESSORS, ASSIGNEES AND LOT OWNERS WITHIN THIS TRACT HAP; AND TO DEDICATE THE EASEMENTS OVER LOT B FOR EMERGENCY AND PUBLIC SECURITY, INGRESS AND EGRESS AND PUBLIC UTILITIES PURPOSES. 10. THE FACT THAT THE OWNERSHIP OF SAID LAND DOES NOT INCLUDE RIGHTS OF ACCESS TO OR FROM THE STREET OR HIGHWAY ABUTTING SAID LAND, SUCH RIGHTS HAVING BEEN RELINQUISHED BY THE MAP OF SAID TRACT. AFFECTS: HOVLEY LANE 11. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY PURPOSE: ELECTRIC LINES RECORDED: MAY 13, 1985 AS INSTRUMENT NO. 100506 AND RE-RECORDED MAY 21, 1985 AS INSTRUMENT NO. 107859 BOTH OF OFFICIAL RECORDS AFFECTS: ALL STREETS, ALLEYS, HIGHWAYS AND PUBLIC PLACES AND THE COMMON AREAS (EXCLUSIVE OF BUILDING SITES) OF LOT 15 OF TRACT NO. 17794-2 12. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SOUTHERN CALIFORNIA EDISON COMPANY PURPOSE: ELECTRIC LINES RECORDED: MAY 13, 1985 AS INSTRUMENT NO. 100507 AND RE-RECORDED MAY 21, 1985 AS INSTRUMENT NO. 107860 BOTH OF OFFICIAL RECORDS AFFECTS: ALL STREETS, ALLEYS, HIGHWAYS AND PUBLIC PLACES AND THE COMMON AREAS (EXCLUSIVE OF BUILDING SITES) OF LOT 15 OF TRACT NO. 17794-2 CI.TA66C-- 12/16/86 i SCHEDULE A Policy No: 528699 _ 13 Premium: $1,516.00 Amount ofInsurance: $600,000.00 Date of Policy: May 18, 1992 at 8:00 AM 1. Name of insured: JOSEPH A. SWAIN, INC. , A CALIFORNIA CORPORATION, DOING BUSINESS AS JASCORP. 2. The estate or interest in the land which is covered by this policy is: A FEE 3. Title to the estate or interest in the land is vested in: JOSEPH A. SWAIN, INC. , A CALIFORNIA CORPORATION, DOING BUSINESS AS JASCORP. 4. The land referred to in this policy is situated in the State of California,County of RIVERSIDE and is described as follows: SEE ATTACHED DESCRIPTION CLTAOAM-- 111NIM This Policy valid only if Schedule B is attached. Policy No. 528699 Page 4 SCHEDULE B (CONT. Part II 13. AN EASEMENT FOR THE PURPOSE SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT GRANTED TO: SOUTHERN CALIFORNIA GAS COMPANYII PURPOSE: PRIVATE ROADWAYS RECORDED: SEPTEMBER 27, 1985 AS INSTRUMENT NO. 218128 OFFICIAL RECORDS AFFECTS: THOSE PORTIONS DESIGNATED AS PRIVATE ROADWAYS LYING WITHIN THE FOLLOWING RECORDED TRACTS: TRACT NO. 17794-2, RECORDED IN BOOK 150, PAGES 4 AND 5, OFFICIAL RECORDS AND TRACT NO. 17794-3, RECORDED IN BOOK 150, PAGES 6 AND 7, OFFICIAL RECORDS END OF SCHEDULE B SF/RW C"V AUTHORIZED SIGNATORY n 1,lJI q.TALBC-- 12/16/88 �7 � _ l • 1 ' .. r bot g I, N lNhf S • __ _ __ _ _ _ _ : rrLr�p.ru - 1300 • �� � b � � h N � �' �O+ Y F l • • n4 �30IIV9 .;—r_Vd-V O9 to 1, I -? ] /FpCNEFLY 0E5��SRPMGS C/N./ 1�,(�e rqx�:_� i , ,�1 p � IN Id S tl t V) I O l- � e �•'JI.I ..�I IIM JI.oI l .• •• O gO ,ry i 0O4•, S l i'• l' �.. ,e.e IMh Y r r {� e ^ O ; 0• i w � lye. r,.w . xM.I I I : J:I :®•°` � rl .oe.00 a.v-�-'t for — i.r •�+��/ • I R I ]r] _ �,Q�t w1A,re H4£N -�J�• p lY Ie.11 , {®T%w 5 i ©naa js. /'•'" <<-on it wg .r•r ,I.2 i®,.."t.o s W a„aa ° q � /N T ERN4VEN—'off \b.� • � _ Ill. ./ :' ....� a �� RECORDING REQUESTED BY: i e WHEN RECORDED MAIL TO: "�F N 1 all ! 1 1Move bpace- or ecor er s se n yl � I r DECLARATION OF 6 (' COVENANTS,.CONDITIONS AND RESTRICTIONS 6 FOR WINTER HAVEN 07/067584 I TABLE OF CONTENTS - Pape ARTICLE 1 - DECLARATION 1 ARTICLE 2 - NON-PROFIT CORPORATION - 2 ARTICLE 3 - DEFINITIONS 3.1 Annexation Property ........................... 2 3.2 Architectural Control Committee ................ 2 3.3 Articles ...................................... 2 - 3.4 Association .................................... 3 3.5 Board .......... 3............................. - - 3.6 Boundaries - 3 ' 3.7 By-Laws ..................................... 3 3.8 Common Area ................................ 3 - 3.9 Declaration..................................... 3 3.10 Developer....................................... .3 3.11 FRLMC.......................................... 3 3.12 First Mortgage.................................. 4 3.13 FNMA .......................................... 4 3.14 Lender......................................... 4 3.15 Member......................................... 4 3A6Mnrtgage....................................... 4 - 3.17 Mortgagee....................................... 4 3.18 Mortgagor...................................... 4 3.19 Owner.......................................... 4 3.20 Project ........................................ 4 3.21 Residential Lot ................................. 4 3.22 Unit .......................................... 4 ARTICLE 4 - PERMITTED USE AND RESTRICTIONS COMMON AREA 4.1 Title to Common Area........................... 5 4.2 Use of Common Area ........................... S 4.3 Property Rights in Common Area .............. S ARTICLE 5 - RESERVATION OF EASEMENTS 5.1 Residential Lot Maintenance ................... 6 5.2 Residential Lot Access Easement ............... 7 S.3 Utility Easements ............................. 7 5.4 Encroachments ................................. 7 S.5 Crading ........................................ 7 II) TABLE OF CONTENTS (CONTINUED) Page ARTICLE 6 - MEMBERSHIP AND VOTING RIGI:TS . 6.2 Membership Voting .embership .................. 7 6.2 Classes of Voting Membership 8 Class i1 Membership 8 Class B Membership 8 6.3 Transfer ...................................... 9 6.4 Notice of Sale ................................ 9 6.5 Person Entitled to Vole ...................... 9 6.6 Commencement of Voting Rights ................ 10 6.7 Voting Requirements ........................... 10 AF':ICLE 7 - ASSOCIATION AND BOARD OF DIRECTORS 7.1 Meetings of Association ........................ 10 7.2 Association and Board of Directors 11 7.3 Notices ....................................... 11 ARTICLE 6 - POWERS. DUTIES, AND LIMITATIONS OF BOARD OF DIRECTORS 8.1 Powers and Duties ..........................:.. 11 8.1.1 Management of Common Area ............ 11 8.1.2 Maintenance of Residential Lots ......... 11 8.1.3 Maintenance of Unit ..................... 11 8.1,9 Maintenance of Hovley Lane Landscaping ............................ 12 6.1.5 Insurance .............................. . 12 8.1.6 Payment from Maintenance Fund ......... 12 8.1.7 Utilities ............................... . 12 8.1.8 Taxes and Assessments ................. 12 8.1.9 Management ............................. 12 8.1.10 Legal and Accounting .................. 13 8.1.11 Entry ................................... 13 8.1.12 Rules .................................. . 13 8.1.13 Discipline ............................... 13 8.1.14 Enforcement............................. 13 8.1.15 Delegation of Powers .................... 13 8.2 Limitations .................................... 13 8.2.1 Contracts ............................... 73 8.2.2 Capital Improvements.................... 19 8.2.3 Sale of Property ........................ 14 8.2.4 Compensation............................ 18 8.2.5 Claims .................................. 14 ARTICLE 9 - INSURANCE 9.1 Insurance...................................... IV 9.2 Properly Insurance ............................ 19 (II) t TABLE OF CONTENTS (CONTINUED) Page 9.3 Liability Insurance IS 9.4 Required Provision .............................. is 9.5 Fidelity Coverage 16 9.6 Worker's Compensation .. 16 9.7 Other Insurance ............................... 16 9.8 Limitation on Proceeds of Hazard Insurance .... 16 ARTICLE 10 - RULES AND REGULATIONS 17 ARTICLE 11 - RIGHT OF ENTRY 17 ARTICLE -12 - BOONS AND RECORDS 17 ARTICLE 13 - ASSESSMENTS 13.1 Creation of Lien and Personal Obligation of Assessments ...................... to 13.2 Assessments ................................... 18 13.3 Capitalization of Association ................... III 13.4 Payment of Assessments ........................ 19 13.5 Limitation of Assessments....................... 19 13.6 Assessment Lien ............................... 20 13.7 Foreclosure of Assessment Lien ................ 20 13.8 Subordination of Assessment Lien .............. 21 13.9 Special Assessment for Capital Improvements.................................. 21 ARTICLE 19 - USE RESTRICTIONS 14.1 Residential Purposes ............................ 22 14.2 Obstructions ................................... 22 14.3 Insurance Rates ............................... 22 14.4 Waste .......................................... 22 14.5 Nuisances ...................................... 22 t4.6 Parking and Vehicular Restrictions ............. 22 16.7 .Signs .......................................... 23 14.8 Animal Restrictions.............................. 23 14.9 Unsightly Items ................................ 23 14.10 Temporary Buildings-Outdoor Antenna.......... 23 14.11 Drilling ........................................ 73 14.12 Drainage ....................................... 23 j ARTICLE IS - MAINTENANCE 15.1 Association Maintenance ........................ 29 15.2 Exterior Maintenance of Units .................. 29 IS.3 Landscape Maintenance ......................... 24 15.4 Owner Maintenance............................. 29 15.5 Party Walls..................................... 25 l tii) i f 1 TABLE OF CONTENTS (CONTINUED) III' Page .ARTICLE 16 - RIGHTS OF DEVELOPER 16.1 Common Area Rights ........................... - 25 16.2 Development Rights 25 ARTICLE 17 - ARCHITECTURAL CONTROL 17.1 Approval Requirements .......................... 26 17.2 Limitations .................................... 26 _ 17.3 Completion of Work .......................... 26 17,9 Architectural Control Committee ..........:..... 26 17.5 Manner of Approval ....................::...:.. . 27 17.6 Failure to Obtain Approval ..................... 27 17.7 Duties of Committee ........................... 27 -17.8 Meetings ....................................... 28 17.9 Architectural Rules ............................ 28 17,10 Waiver ......................................... 28 - 17.11 Liability ...................................... 28 ARTICLE 18 - ANNEXATION 28 ARTICLE 19 - DAMAGE AND DESTRUCTION OF COMMON AREA 29 - t ARTICLE 20'- CONDEMNATION - 30 ARTICLE 21 - ENFORCEMENT - - - 30 ARTICLE 22 - COMPLETION OF COMMON AREA IMPROVEMENTS - - 31 ARTICLE 23 - GENERAL PROVISIONS - 23.1 Waiver ......................................... 32 23.2 Rights of Lenders ........................ 32 23.3 Amendments ................................... . 34 - - 23.9 Attorneys Fees ................................ .35 23.5 Interpretation - Conflicts .......a.............. 3S li 23.6 Severability of Provisions ...................... 35 23.7 Binding on Successors ......................... 35 23.8 Duration of Restrictions 35 ,j SUBORDINATION AGREEMENT - 37' I DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS t} OF WINTER HAVEN DESERT SPRINGS RACQUET CLUB, a Joint Venture composed of FRED HARMAN, aM, INC., a California corporation, and THOMAS F. McDONOUGH, referred to below as "Developer", is the owner of the real property in the City of Palm Desert, County of Riverside, State of j California, more particularly described as follows ("Project"): (LEGAL[ Lots 1 through ]H of Tract 17194_1, ;s shown oy nap an file in Pooh 14S pages 12 and 13 .1 Raps, Hlveretde County Hecords. Developer hereby desires and intends, in connection with the creation of a Planned Residential Development Project ("Project") upon said property, to impose on said property mutually beneficial restrictions under a general plan of improvement for the benefit of all of the Lots in the Project, and its future Owners, as follows: ARTICLE I DECLARATION Developer hereby declares that said property is held and shall be held, conveyed, sold, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions. restrictions and provisions, all of which are hereby declared and agreed to _run with the land and to be in furtherance of a pTan for the improvement and sale of said property, and are hereby established and agreed upon for the purpose of enhancing and perfecting the value, desirability and attractiveness of said property, and for the benefit of all of the Residential Lots in the Project and their future Owners. Developer may add all or any part of the Annexation Property to the Project by Annexation, and said additional property so annexed ei will thereupon be developed as a part of the Project and shall be 7[' subject to the provisions of this Declaration. - - 4 _t_ ARTICLE 2 }} NON-PROFIT CORPORATION iV Developer has deemed it desirable for the efficient LNY preservation of the value, desirability and attractiveness of said _ properly, pursuant to the provisions of this Declaration, to create a non-profit corporation to which shall be delegated and assigned the powers of holding title to, maintaining and administering the Common Area and the facilities thereon, and administering and enforcing these covenants, conditions and restrictions and collecting and disbursing funds pursuant to the assessment and charges hereinafter created.and referred to and doing and performing such other obligations and responsibilities as are imposed by this Declaration; and WINTER HAVEN HOMEOWNERS ASSOCIATION, a non-profit mutual benefit corporation, has been incorporated under the laws of the State of California for the purpose of exercising the powers and functions aforesaid. Upon the conveyance of the first Residential Lot in the Project to a Class A Member the Association shall-be vested with title to and shall assume management and control of the Project and the Common Area and recreation and community facilities. ARTICLE 3 DEFINITIONS Unless otherwise expressly provided, the following terms shall have the following meanings: 3.1 'AAn�nnee_xation Pro pert shall mean all or any portion of real properly in t e tt� elm Desert, County of Riverside, State of California, described as follows, which may be annexed to the Project as provided herein: ILECALI 3.2 "Architectural Control Committee- shall mean the Committee established rein for the purpose o approval and control of architecture and design standards established for the Project. 3.3 -Articles- shall mean the Articles of Incorporation of the Association and asas lTWy_may from time to time be amended. -2- 3.1 "Association" stall mean WINTER HAVEN HOMEOWNERS - ASSOCIATION, a non-profit mutual benefit corporation, incorporated under the Non-Profit Mutual Benefit Corporation laws of the State of California, its successors and assigns. 3.5 "Board" shall mean the Board of Directors of the Association, 3.6 "Boundaries" shall mean that in interpreting deeds and plans, the then existing physical boundaries of a Unit, whether in its - original state or. reconstructed in substantial accordance with the original plans thereof, shall be conclusively presumed to be its boundaries rather than the boundaries expressed in the deed or plan, - regardless of settling or lateral movement of the building and regardless of minor variance between boundaries shown on the plan or deed, and those of the building. 3.7 "B Laws" shall mean the By-Laws of the Association and as they may rme to time be amended. 3.8 "Common Area" shall mean all real properly now or hereafter owned y-bTFs—sociat ion or which the -Association is the Grantee of an .easement for the common use enjoyment of the Owners. and vehicular access but excluding easements granted to the Association for purposes of maintenance of the Residential Lots. All of said Common Area, which, subject to Articles 4.2 and 4.3, shall be for the use and benefit of not only the initial Owners of Residential Lots in the Project, but also the Owners of Residential Lots hereafter annexed to the Project and made subject to this Declaration. The initial Common Area of the Project is described as follows: ILEGALI 3.9 "Declaration" shall mean this enabling Declaration nt Covenants. Condnions anTRestricbons, and any amendments thereto. 3.10 "Develo ., shall mean DESERT SPRINGS RACQUET CLUB, a Joint Venturecomposed of FRED HARMAN, aM, INC., California corporation and THOMAS F. McDONOUGH, its successors and assigns. 3.11 "FHLMC" shall mean Federal Home Loan Mortgage Corporation. -3- 3.12 "First Mortgage- shall mean a First Deed of Trust as _ well as a First Mortgage. }1 3.13 "FNMA' shall mean Federal National Mortgage lCY! Association. 3.14 "lender" shall mean every person, firm, corporation, - government agency or financial institution who is the Mortgagee of a Mortgage or beneficiary of a Deed of Trust encumbering a Residential Lot or the Common Area in the Project. 3.15 "Member" shall mean every person or entity who holds membership in the Association. 3.16 "Mortg9ag9e" shall mean the conveyance of a Residential Lot or other portor�the Project to secure the performance of an obligation, which conveyance shall be void upon full performance of the obligations secured. The term "Mortgage" when used herein shall be synonymous with the term "Trust Deed' or "Deed of Trust". 3.17 "Mortggaaggee" shall mean a beneficiary under or holder of a Deed of Trust as we a Mortgagee. 3.18 'Mortgagor" shall mean the trustor,of a Deed of Trust _ as well as a Mortgagor. 3.19 "Owner" shall mean the record owner, whether one (1) or more persons or entities, including Developer, of the fee simple title or long-term leasehold interest of record to any Residential Lot which is a part of the Project, including contract sellers, but excluding those _ having such interest merely as security for the performance of an obligation. 3.20 "Project" shall mean the real property in the City of Palm Desert, County of Riverside, State of California, described as follows, and such Annexation Property as may hereafter be annexed: (LEGAL( 3.21 "Residential Lot" shall mean any plot of land shown upon any records sa u63ivTslon map of the Project, except the Common Area and public streets. 3.27 "Unit" shall mean the residential structure constructed or to be construction a Residential Lot. -4- ARTICLE I PERMITTED USE AND RESTRICTIONS COMMON ARrK- 4.1. Title to Common Area. Developer covenants as follows: (a) Prior to the conveyance of the first Residential Lot .. in the Project to a Class A Member, it shall grant and convey to the Association, fee simple title to. the Common Area. Such conveyance -- shall be free of all monetary liens and encumbrances except non-delinquent real property_ taxes, easements and covenants, conditions and restrictions then of record, including those set forth in this Declaration. - (b) It shall grant and convey to the Association upon annexation as provided in Article 18 such additional Common Area as is shown as Non-Residential Lots upon any final subdivision map of the property so annexed. Such conveyances shall be free of all monetary liens and encumbrances except non-delinquent real property taxes, . easements, and covenants, conditions and restrictions then of recortl, including this Declaration and any instrument of annexation, 4,7. Use of Common Area. The Common Area shall be used, improved, and mamtaine on y or active and passive recreational purposes, for ingress, egress. vehicular and pedestrian access. landscaping, and vehicular parking where authorized by the Association or this Declaration, and other such structures, appurtenances and improvements as in the sole discretion of the Developer or the Association shall serve the recreational needs of the Owners, their occupants and guests. Y,1. Property Rights in Common Area. Every Owner shall have a non-exclusive eaea es44 or ene cia use and enjoyment in and to the Common Area for the purposes set forth in Article 4.2 and said easement shall be appurtenant to and shall pass with the title to every Residential Lot, subject to the following provisions: (a) The right of Developer or the Association, depending upon which holds record title thereto, to charge reasonable admission and other fees for the use of any recreational facility situated Upon the Common Area and to reasonably limit the number of guests of Owners: (b) The right of the Association to adopt and enforce reasonable rules and regulations governinn the conduct and activities of ail Owner-., lessees, and guests on the Lommon Area, including pets. The right of the Association to suspend the voting rights and right to use of the recreational facilities by. an Owner for any period during which any assessment against his Residential Lot remains unpaid, and -S- f� for a period not in excess of sixty (60) days, for any infraction of its fr published rules and regulations, after notice and an opportunity for a uM5 - hearing by the Board, and subject to the rights of enforcement so. provided in Article 21; (c) The right of the Association or Developer to dedicate or transfer all or any part of the Common Area, depending on which has record title, to any public agency_authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members; No such dedication or transfer shall be effective unless an instrument approved by the vote or written consent of two-thirds (211 of each class of Members, and signed by the President and Secretary, agreeing to such dedication, has been recorded; - (d) The right of the Association, in accordance with its Articles and By-laws, to borrow money for the purpose of improving the Common Area and facilities thereon and, in aid thereof, to Mortgage or Deed in Trust the Common Area; provided, however, that the rights of the Mortgagee or Beneficiary shall be subordinate to the rights of the Members; (e) The right of the Association to take such steps as are reasonably necessary to protect the Common Area against foreclosure; and If) The right of the.Developer to complete the Project in accordance with the development plans, and in performance thereof, to regrade any portions of the Common Area necessary to comply with the Developer's site grading plan, provided that the Developer shall restore or otherwise install any landscaping or other improvements removed or destroyed by such grading. Any Owner may delegate, in accordance with this Declaration, the By-laws and rules and regulations adopted by the Board, his right of enjoyment to the Common Area and facilities located thereon to the members of his family, his tenants or contract purchaser- ^- o reside on . his Residential Lot. ARTICLE 5 RESERVATION OF EASEMENTS 5.1. Residential Lot Maintenance. Developer hereby reserves an easement, together with the right to g•ant and transfer the same to the Association, over every Residential Lot for purposes of ingress, egress, and exterior maintenance and repair of the residential structure located thereon and for the planting, irrigation, maintenance, fertilization and trimming of all landscaping thereon. -6- 5.2 Residential Lot Access Easement. Each Residential Lot and the Common rea shall e.conveye su lecl to an easement over that portion of such Common Area improved with a driveway constructed H with concrete asAnstalled by the Developer, in favor of the Residential ty Lot as depicted on the subdivision map for the purpose only of lY vehicular and pedestrian ingress and egress.. 5.3. Utility Easements. Each Residential Lot and the Common Area shall be convey su iect to any and all easements of record at the time of the initial conveyance of the particular Residential Lot and/or Common Area for the use and benefit of the several authorized - - Public and/or other utilities and the Association, including, but not limited to, cable television, sanitary sewers, water, gas, and electrical and drainage easements, and no Owner shall damage or interfere with the Installation and maintenance of such utilities, or in any manner change the direction or flow of drainage channels in any such easements, or in any manner obstruct or retard the flow of water through drainage channels in any such easements. 5.4. Encroachments. Each Residential Lot shall have an easement over al a lo1ntng esidential Lots and over the Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of buildings on such Residential Lot, or any other cause. There shall be valid easements for the maintenance of said encroachments so long as - they shall exist, and the rights and obligations of Owners shall not be altered in any way by said encroachment, settlement, or. shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an Owner if said encroachment occurred due to the willful misconduct of such Owner. In the event a structure on any Lot is partially or totally destroyed, and then repaired or rebuilt, each Owner agrees that minor encroachments over adjoining Lots shall be permitted and that Inere�shall be valid easements for the maintenance of said encroachments so long as they shall exist. S.S. Grraadiins. Developer hereby 'reserves an easement over the Common Area r purposes of grading and regrading all or any portion of such area for the purposes of completing Developer's development plan for the Project in accordance with the grading plans approved by the City of Palm Desert. If Developer regrades any portion of the Common Area, it shall restore all improvements damaged or destroyed as a result of such regrading. ARTICLE 6 MEMBERSHIP AND VOTING RIGHTS 6.1. Membership. Every person or entity who is a record Owner of a Resider,' ia Lot in the Project, or as my be enlarged -7- pursuant to the annexation provisions set forth in Article 16. shall be a Member of the Association, - - 6.2. Classes of Voting Membershi . There shall be two 12) classes of Mem ers n� owra ass Members and "Class B" Members. r♦ Class A Membership shall be held by all those persons and entitiesenuxw to—Mem hip as provided herein other than the - Developer, Class A Members shall be entitled to one (1) vote for each Residential Lot owned. When more than one (1) person holds an interest in any Residential Lot, all such persons shall be Members. - The vote for such Residential Lot shall be exercised in accordance with Article.6.4, and in no event shall more than one (1) vole be cast with respect to any Residential Lot. Class-B Membershi shall be heldby the Developer, and shall be entitle to t ree votes far each Residential Lot owned, Class B membership for a-Residential Lot shall be converted to Class A membership upon conveyance of such Residential Lot to a person or persons entitled to be Class A Members, and, thereafter such Class B membership shall forever cease to exist. All remaining Class B member- - ships shall be converted to Class A memberships, and, thereafter, such Class B memberships shall forever cease to exist upon whichever of the following first occurs: (a) The total outstanding votes held by Class A Members equals the total outstanding Class B votes; or (b) In case of annexation pursuant to Article 18. on the second anniversary of the original issuance of the most recently issued - California Final Public Report for a phase of the Project; or (cl Not later than the fourth anniversary of the original issuance of a California Final Public Report fur the first phase of the Project, or if annexation does not take place, on the second - anniversary of the issuance of said first phase report. ', Upon the expiration of the Class B membership, with respect to each provismn of this Declaration which requires the vote of loth classes of Members-, the same shall be read as requiring the affirmative vote or written consent of the prescribed percentage of the total voting power of the Association and of the prescribed percentage of the total voting power of the Class A' Members other than the Developer. The terms and provisions set forth in this Declaration which are biudiriq upon all Owners of Residential Lots, and all Members in the Association are unt exclusive, as both the Member and the Residential .Lot, shall, in addition, be subject to the terms and provisions of the Articles, by-Laws, and this Declaration. The foregoing is not intended . _6_ to include persons or entities who hold an interest merely as security for the performance of an obligation. Membership shall be appurtenant to and may not be separated from the Residential Lot. Ownership of such Residential Lot shall be the sole qualification for membership. The Developer shall hold a membership as to any Residential Lot that has N not been conveyed. A N6.3. Transfer. The membership held by any Owner shall not be lransferre_peJged, or alienated in any way, except that such membership shall automatically be transferred to the.transferee`of the interest of an Owner required for membership. Any'attempt to make a prohibited transfer is void and will not be reflected upon the books and records of the Association. The Association shall have the right to record the transfer upon the books of the Association without any further action or consent by the transferring Owner. 6.9. Notice of Sale. Within five (5) business days after the consummation o t any Residential Lot under circumstances whereby the transferee becomes an Owner thereof, the transferee shall notify the Association in writing of such sale. Such notification shall set forth la) the name of the transferee and his transferor; (b) the street address of the Residential Lot purchased by the transferee; (c) the transferee's mailing address; and (d) the date of sale. Prior to receipt of such notification, any and all communications required or permitted to be given by the Association or the Board shall be deemed to be duly made and given to the transferee if duly and timely made and given to his transferor'. 6.5. Person Entitled to Vote. There shall be one (1) Person designated as "voting owner' for Residential Lot, who shall be designated by the Owner by notice to the Association. The voting owner need not, but may, be an Owner, and his designation shall be by the written notice given by the Owner to the Association. The designation as to any Owner shall be revocable at any time by actual notice to the Association of the death or judicially declared incompetency of the Owner, or by a written notice of the revocation to the Association by the Owner. Such power of designation and _ revocation may be exercised by the guardian of the Owner's estate or by his conservator or in the case of a minor having no guardian, by the parent entitled to his custody, or during the administration of the Owner's estate. by his executor or administrator if his Residential Lot is subject to administration in his estate. If no such designation is made as to a Residential Lot, or where a designation has been made, the voting owner shall be the Residential Lot Owner. "Owner" as referred to herein shall be deemed to mean the record owner of the Residential Lot reflected in the Official Records of the Riverside County Recorder. In the event as to any Residential Lot there is more than one (1) Owner, the power of designation and revocation, and the right to vote irk the absence of a current designation, must be exercised by a majority of such Owners. In the event there are two (2) Owners and -9- sn no current designation of one (1) as voting owner has been made, the 1 Owner appearing at the meeting shall have the right to vote in the absence of the other, but if both are present at the meeting there must be unanimity between them in order to have a vole. Class A membership shall be entitled to one (1) vote for each Lot which shall be exercised in accordance with the foregoing, Class B membership shall - be entitled to three (3) votes for each Residential Lot. Except where cumulative voting is authorized, a voting owner shall be entitled to cast one (1) vote or three (3) votes, as the case may be, on such matters as Members are authorized to vote upon, providetl, however, that the right to cast a vote at any such election shall not vest as to any Residential Lot until such Residential Lot has been subject to levy of assessment by the Association. 6.6. Commencement of Voting Rights. An Owner's right to vote shall vest im�iateTupon t e '.',Le er An commence upon such Residential .Lot as provided in this Declaration. All voting rights shall be subject to the restrictions and limitations provided herein and in the Articles, By-Laws, Association Rules and Regulations, and other documents of the Association, - 6.7. Voting Requirements. Notwithstanding anything to the contrary containe n t i—Ti s 6 ara tTon, any provision of this Declaration or the By-Laws calling for or requiring membership approval of action to be taken by the Association, except actions taken or to be taken pursuant to Article 22 of this Declaration, shall require the affirmative vote or written consent of the prescribed percentage of each class of membership, during the period of time there are two 121 outstanding clasxs of membership. If there is no longer any Class 8 membership and the Developer holds only Class A membership, any provision of this Declaration, and of the By-Laws, except action taken to enforce any bonded obligation as provided in Article 22. excluding the vote of the Developer, shall be read as requiring the affirmative vote or written consent of the prescribed percentage of the total voting power of the Association and of the prescribed percentage of the total voting power of the Class A Members other than the Developer. ARTICLE 7 ASSOCIATION AND BOARD OF DIRECTORS - 7.1. Meeting of Association. The first meeting of the Association shall be—field within—(arty-five (45) days after the close of escrows for the sale of fifty-one percent (5l%) of the Residential Lots in the Project, but in any event riot later than six (6) months after the close of escrow for the sale of the first Residential Lot in the Project, whichever first occurs. Thereafter, regular meetings and special meetings of the Association and of its Board shall be called, held and conducted in the manner provided in the Association By-Laws. At the first regular meeting of the Association the Members shall elect a Board -to- as provided in the Association By-Laws to replace the original Owed. The Board shall give written notice of all meetings of the Association to each Lender, who requests such notice, and each Lender shall be permitted to designate a representative to attend all such meetings. 7.7. Association and Board of Directors. Any duty, obligation or aul ority veste or require to a performed and any power or privilege which may be exercised by the Association pursuant to this Declaration shall be Performed or exercised only by the Board or its authorized delegates, agents and servants, and any power, duty, obligation or authority vested- or conferred on the Board by this Declaration shall be deemed a power, duty, obligation or authority of the Association. 7.7. Notices. Unless otherwise provided in the By-Laws or in this Declaration, any notice permitted or required to be delivered as provided in this Declaration may be delivered either personally or by mail. If delivery is made by mail, such notice shall be deemed to have been delivered to a person twenty-four t]u) hours after a copy of it - was deposited in the United States mail, Postage prepaid, certified or registered. addressed to such person at the Residential Lot address in the Project. Such address may be changed from time to time by written notice delivered to the Association in accordance with the foregoing. ARTICLE B - POWERS, DUTIES, AND LIMITATIONS - B.I. OF BOARD OF DIRECTORS Powers and Duties. The powers and duties of the Board shall inclu e, ut not a Imlted to, the following: - 8.1.1. ManacCommon Area. Managing, maintaining, repairing, rep acing, an operating--the-ommon Area and _ facilities thereon, including, but not limited to, landscape lighting, driveways, gutters, walks, slopes, drainage facilities, water and sewer lines, landscaping, stairs, buildings, and other improvements and facilities situated on Common Area. The Association shall be reimbursed for the cost of repairs by any Owner who causes damage to the Project making such repairs necessary or proper., The Association shall cause curbs, if any, to be painted red fifteen (15) feet in either direction _ from a fire hydrant. Maintenance of Residential Lots.. Exterior maintenance and repair of the kesidential Lots. me u mg structures located therwn and driveways, and all landscaping on such Residential Lots excluding landscaping in courtyard and atrium areas. 8.1.7. Maintenance of Unit. Maintenance and repair of any Unit, d such maintenance or repair is required by this Declaration 11- reserve or protect a or is necessary in the discretion of the Board to 0 !V the Common Area or another Unit from damage, destruction, or unusual It) and if the Owner las to which such maintenance or repair Is necessary) shall have failed or refused to perform the maintenance or repair within a reasonable time after delivery to him by the Board of written notice of demand for the maintenance or repair. The Board shall recover from the Owner of which such Unit is a part, all costs of any such maintenance or repair paid for by the Board in accordance with the. foregoing. 8.1.9 Maintenance of Hovle Lane Lantlsca in . Plant, replant, irrigate, fern¢e, an mamtam a an scapmg within the public right of way-along Howley Lane adjacent to the Project. 8.1.5. Insurance. Contracting for casualty, liability, and other insurance on TeTiaR of the Association and as required herein, so long as FNMA and/or FHLMC, holds a Mortgage or beneficial interest in a trust deed encumbering a Residential Lot, or owns a Residential Lot in the Project, the Association shall continuously maintain in effect at least the insurance and fidelity bond coverage provided for in Article 9, except to the extent that such requirements may have been waived in writing by FNMA andlor FHLMC. The Association shall continuously maintain in effect such casualty, flood and liability insurance policies and fidelity bond meeting the. requirements as established by FNMA and/or FHLMC for Projects, as set forth in the FNMA andlor FHLMC Servicer's Guide, or otherwise. Such casualty insurance shall include, but not be limited to, a master's policy of casualty insurance including full replacement cost coverage' with an agreed amount endorsement. The Board shall review all insurance policies required by Article 9 on at least an annual basis to assure full insurance protection at all times. 8.1.6. Payment From Maintenance Fund. Provide and pay for from the maintenance un any an a 90o s andlor services for the Common Area, facilities, and interests or for the Association to fulfill any duty or responsibility of the Association imposed by this Declaration, or for the benefit of the Owners, or as may be imposed by law, subject to the limitations set forth below. 8.1.7. Utilities. - Provide and pay for all utility services necessary or desirable ToFtFle benefit of the Common Area, including,but not limited to, water, gas, electricity, telephone, community communications, refuse collection and sewage disposal. 8.1.8. Taxes and Assessments. Payment of taxes and assessments which are, or coo ecome, 'en on the Common Area or a portion thereof. 8.1.9. Manaesement. Services of a person or firm to manage the Protect and services of such other personnel as the Board 1= {� shall deem necessary or proper for the operation of the Project. Unless N the prior written approval of seventy-five percent f75Y1 of the first .4 trust deed holders is first obtained. the Board shall not terminate professional management and assume self-management of the Project. Notwithstanding any provisions to the contrary in this Declaration, no agreement for the services of a person or firm to manage the Project shall exceed a term of three (3) years and any such .agreement shall provide for termination by either party, without cause, and without payment of a termination fee on ninety )90) days or less written notice. - - - B.1.10. Legal and Accounting. Legal and accouming services necessary or proper Tr t-ie�tion of the Project or the recreational facilities or for the enforcement of this Declaraton. 8.1.11. Entry. Entering upon any Residential Lot for the Performance of maintenance as required by this Declaration, or as necessary in connection with construction, maintenance or emergency repair for the benefit of the Common Area or the Owners in common. 8.1.12. - Rules. Formation of rules for the operation of the Project and Common-tea and facilities owned or controlled by the. Assouation. 8.1.13. Discipline. Initiation and execution of chs- ciplinary proceedings againstlrbers for voolalions of provisions of the By-Laws and this Declaration in accordance with the procedures set forth in said documents. 8.1.14 Enforcement. Enforcement of applicable pro- visions of this Declaration, rl�, By-Laws and other instruments for the ownership, management, and control of the Project. _ 8.1.15. Delegation of Powers. Delegation 4of its Powers to committees, officers, or emp� Me Association as expressly authomeed by the Articles, By-Laws and thu Declaration. 8.2. Limitations. The Board shall be prohibited from tali... any of the follow utg aclwns, except with the vote or written .....sent of a majority of the voting power of the Association residing in Members other than the Developer. 8.2.1. Contracts. Entering into a contract with a third person wherein the IhiTd person will furnish goods or services for the Common Area r the Association for a le-m longer than one (l) }ear with :hc mlluwuog exceptions: 13 y� (a) A management contract, the terms of which have been approved by the Federal Housing Administration or Veterans Administration; (b) A contract with a public utility company if t;1 rates charged for the materials or services are regulated by the Public Utilities Commission provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate; and (c) Prepaid casualty and/or liability -insurance. policies of not to exceed three (3) years duration provided that the policy permits short rate cancellation by the insured. 8.2.2.- Capital - Improvements. Incurring aggregate expenditures for capita; ov,imprements lo�Common Area in any fiscal year in excess of five percent (5t) of the budgeted gross expenses of the Association for that fiscal year,, 8.2.3. Sale of Property. Selling during any fiscal year property of the Assoclatwn�ing an aggregate fair market value greater than five percent (5t) of the budgeted gross expenses of the Association for that fiscal year. 8.2.4. Com ion. Paying compensation to Directors or to Officers of the Assou�r services performed in the conduct of the Association's business provided, however, that the Board may cause a Director or Officer to be reimbursed for expenses incurred in carrying on the business of the Association. 0.2..5 Claims. Bring any action or commence litigation for any claim involving more than Ten Thousand Dollars (l10,000.001. ARTICLE 9 INSURANCE 9.1. Insurance. The Board shall obtain and maintain in force the --(oo owing policies of insurance: 9.2. Property Insurance. A "master" or "blanket" policy of property insurance in an amount equal to the full replacement value (i.e. one hundred percent (100%) of current "replacement cost" exclusive of land, foundation, excavation and other items normally excluded from coverage) of the Residential Lots and all structures located thereon, the Common Area and all structures located thereon, including all building service equipment a-id the like and any fixtures or equipment within the Common Area, with an "Agreed Amount Endorsement" or its equivalent, a "Demolition Endorsement" or its equivalent, and, if necessary, an "Increased Cost of Construction _la_ Endorsement" or "Contingent Liability From Operation of Building Laws m Endorseent" or the equivalent, such insurance to afford protection against at least the following: _ (a) Loss or damage by fire and other hazards covered by the standard extended coverage endorsement, and by sprinkler - leakage, debris removal, cost of demolition. vandalism, malicious mischief, windstorm and water damage; and (b) -Such other .risks as shall customarily be covered with respect to projects similar in construction, location and use. 9.3. Liability Insurance. A comprehensive policy of public liability insurance covering all the. Common Area with a "Severability of Interest Endorsement" or equivalent coverage which wcold preclude the company from denying the claim of an Owner because of the - negligent acts of the Association or another Owner, will, limits of not less than One Million Dollars 4f1,000,000.001 covering all claims for personal injury and/or property damage arising out of a single occurrence, such coverage to include protection against water damage _ liability, liability for non-owned and hired automobile, liability for property of others, and such other risks as shall customarily be covered with respect to projects similar in construction, location and use. 9.V. Regan c' Provision. All such property and liability insurance shall be su I— e� ct tot a following provisions and limitations: (a) The named insured under any such policies shall be the Association as a trustee for the Owners or their authorized - representative, including any trustee with which such Association may enter into any Insurance Trust Agreement, or any successor trustee, each of which shall be hereinelsewhere referred to as the "Insurance Trustee" who shall have exclusive authority to negotiate losses under said policies; _lb) In no event shall the insurance coverage obtained and maintained pursuant to the requiranent of this Article be brought j into contribution with insurance purchased by the Owners or their Mortgagees; Icl Such policies shall provide that coverage shall not be prejudiced by lil any act or neglect of the Owners when such act or neglect Is cant within the control of the Association; or (ill by failure of the Association to comply with any warranty or condition with regard to any portion of the Project over which the %%ssoc:3tion has no control; or (ill) making a cash settlement, such option shall not be exercisable ,without the prior written approval of the Association (or any Insurance Trustee) or when in conflict with the provisions of any Insurance Trust _Ig_ Agreement to which the Association may be a party, or any requirement of law; and N (d) All such policies shall provide that they may not be q/ cancelled or substantially modified (including cancellation for [t`V! non-payment of premium) without at least ten (10) days prior written notice to the Association and to each Lender. 9.5. Fidelity Coverage. The Association shall be required to maintain adequate ty coverage to protect against dishonest acts on - the part of Officers, Directors, trustees and employees of such Association and all others who handle, or are responsible for handling funds of the Association. Such fidelity bonds shall meet the following requirements: (a) All such fidelity bonds shall name the Association as an obligee; fb) Such fidelity bonds shall be written in an amount equal to at least one hundred fifty percent 1150%) of the estimated annual operating expenses of the Project, including reserves; fc) Such fidelity bonds shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of "employee" or similar expression; and (d) Such bonds shall provide that they may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least thirty (70) days' prior written notice to Lenders. 9.6. Worker's Compensation, A policy of worker's compensation insurance to t enx necessary to comply with ' applicable laws. 9.7. Other Insurance. Such other policy or policies of insurance which 1—>�$oarlTTems necessary and proper for the operation of the Project and the protection of the interests of the Owners of the Association. 9.8. Limitation on Proceeds of Hazard Insurance. Unless seventy-five percent of the Lenders holding First Deeds of Trust or Mortgage liens on the Residential Lots have given their prior written approval, the Board shall not use hazard insurance proceeds for losses to any property (whether to Residential ats or to the Common Area) for other than the repair, replacement, or reconstruction of such properly. -16- Q ARTICLE 10 �n=V`tyi7lt RULES AND REGULATIONS The Board shall have the right, from time to time, to adopt reasonable rules and regulations not inconsistent with the provisions of this Declaration governing the use of the Common Area, by the Owners - and other occupants of the Residential Lots and their guests, and to the conduct of such persons regarding the parking, recreational vehicle parking and storage, storage, trash, and garbage disposal, laundry, pets and animals, and other activities as to which such conduct might adversely affect the Project or its appearance or might offend, inconvenience or endanger the Owners or other occupants of the Residential Lots or their guests. The Board shall also have the right to impose and collect reasonable fees from Owners, occupants, and guests for the use of the Project recreational facilities. A copy of the rules and regulations shall be delivered to the Owner of each Residential Lot and posted in the Common Area at a place or places where it may be conveniently observed. The rules and regulations shall be binding upon the Owners and occupants and their guests of the Residential Lots, and shall be enforceable to the same extent as if they were specifically set forth as provisions in this Declaration. ARTICLE it , RIGHT OF ENTRY The Board or its agents or other persons duly authorized by it may enter any Residential Lot and any structures located thereon when reasonably necessary in order to perform maintenance repair, construction, or other work for which the Board has authority, or for any other purpose related to its responsibilities pursuant to this Declaration. Any such entry shall be accomplished with as little inconvenience to the Owner as practicable, and, except in the event of an emergency, entry to a structure on a Residential Lot shall be upon reasonable notice to the Owner. ARTICLE 17 BOONS AND RECORDS The Board shall keep and maintain complete and accurate books of account relative to its operation of the Project and the books and records shall be available for inspection by any Owner at all reasonable times at such location as may be approved from time to time by the Board. The Board shall cause an :ndependent audit to be made annually of such books and records by a certified public accountant, and a copy of each audit, including a statement of income and disbursements, shall be delivered to each Owner within one hundred twenty (120) days after the close of the fiscal year adopted by the -17- Board for the Project. Any Owner may at any reasonable time, at his own cost and expense, cause an audit or inspection to be made of the books and records by an accountant or other representative duly authorized by him. Any Lender shall, upon request, be entitled to inspect the books and records of the Project during normal business lO hours and receive an annual audited financial statement of the Project ry within one hundred twenty 11101 days following the end of any fiscal C! year of the Project. lV ARTICLE 13' ASSESSMENTS 13.1 Creation of Lien and Personal Obligation of Assessments. The eve oper, or eac ev enba of ow n9 et�y it w1l Wn T Project hereby covenants and agrees to pay, and each Owner, except the Association as to the Common Area, whether or not it shall be so expressed in any deed or other conveyance,. is hereby deemed to covenant and agree to Pay to the Association assessments established and collected from time to time as hereinafter provided. Such assessments, together with such interest thereon and costs of collection therefor, as hereinafter provided. shall be a charge on the Residential. Lot and the personal obligation of the Owner of the Residential Lot at the time the assessment fell due. 13.2. Assessments. Immediately following the first regular meeting of the Association, and thereafter at least sixty (60) days prior to January 1 of each year, the Board shall estimate the total charges to be assessed against the Project and to be expended by the Board during the succeeding year, which shall constitute the maintenance fund (including a reasonable provision for contingencies and adequate reserves for replacements, less any expected surplus from the prior year's fund). The estimated amount required for the maintenance fund shall constitute the aggregate regular assessment which shall - be assessed to and paid by the Owners in equal shares, one (I) share per Residential Lot. If the estimated cash requireawot proves to be inadequate for any reason, including nonpayment of any Owner's assessment or unforeseen expenditures. the Board may at any time levy a special assessment which shall be assessed to the Owners as provided herein for regular assessments unless otherwise provided in this Declaration. 13.3. Capitalization of Association. Upon acquisition of record title to aes,HinUST�rom Developer. such Owner shall contribute to the capital of the Association an amount equal to twice the monthly equivalent of the then annual as:essmenl for that Residential Lot as determined by the Board. This amount shall be deposited by the buyer into the purchase and sale escrow and disbursed therefrom to the Association. _I0. 13 a Pa ment of Assessments. Each Owner shall be to t e oar is regu ar assessment in twelve 1121 Obligated to Pay of each calendar a equal monthly -installments on or before the first aY s special assessments within thirty Ide days afterAll LV month, and to pay Pe I!! their levy or at such other times la the Board shall designate. L�j assessments shall be paid at such place as the Board shall designate. (� The regular assessments shall commenc�fu h�^f��s first after the close of ¢scrow l Reside tial Lot ino the ular assessments on Residential Lots included for the Sale Project. Provided that.reg annexed pursuant to Article IB shall commence upon within the territory nth after the close of escrow for the sale of and the first day the of the mo Residential Lots so annexed. Regular first Residential Lot or able for each unsold Residential and be the debt of Deveoper or special assessments chargeableatl byPaY Residential Lot. All Lot shall be charged to and P Residential Lot shall its successor I^c a�nassessmenIS aI vied cupon sany shall regular and ape .assessments which are not paid when due shall constitute a debt ofAthe Owner al the lime of the assessment as ss Cel ngUent d shall be promptly Pald.Assessments more than thir tv I30) Y be delinquent. be subject to a Ten Dollar (510.00) late charge. f Assessments. In any fiscal year the 13.5. Limitation u royal of fifty-one percent Board shall be pro i de wd out t to a special 151%) of the Class A voles from levying a special assessment other than reatel than twenty a special assessment budgetedunder Article '13-9 whichnse Is Association for that percent-130%) - fiscal year. not fix the In addition to the foregoing. the Board may tree., (2081 more than the annual regular amount of the annualyregular assessment against each unit at an amount in excess of twenty p year or an amount in excess Department of Labor Consumer Price index assessment for such unit for the previous y of the increase in the led for the area nearest the location of the for such period, r, except with the vote or written consent greater,project. whichever is Members. of a majority of the Class A Anything to the contrary notwithstanding, tout(include a for human occupancy shall be exempt from the and any other Owner of a subdivision interest which does structural improvement Payment of that portion of any assessment which is le the purpose o expenses and reserves directly altribufSaid fexemptono the 15tshall andence def the use exterior and the use of the structural Improvement, to, roof replacement. cable include, but shall not be limited lighting, refuse disposal' such maintenance, walkway and carport9 television, and domestic water supplies to Residential Lots. Any from the payment of assessments shall be in effect only until m t ion 'm rovement has been filed,xe structural p exemption ( the strut ( a building e of Complclim o r the issuance o a Notice f3p) da s afte until ene hundrnl twenty ( y whichever first occurs. permit for the structural improvement, -19- I 10.6. Assessment Lien. The amount of all regular and ill, @- special assessments, pus—interestthereon and any expenses reasonably 0�7Y Incurred in collecting and/or enforcing such assessments, including ey reasonable attorneys fees, shall be and become a ben upon the ' (V Residential Lot so assessed, which shall attach to the Residential Lot as LY of the time the Board cause to be recorded in the office of the County Recorder of Riverside County, California, a Notice of Assessment Lien, which shall state the amount of the assessment and such related charges as may be authorized by this Declaration, a description of the Residential Lot against which the lien has been assessed, and the name of the record or reputed Owner. The notice shall be signed by any _ two (1) Members of the Board. The assessment lien shall also be deemed to secure all of the foregoing items which shall become due and/or incurred relative to the Residential Lot subsequent to the recordation of the Notice:of Assessment Lien until the completion of the enforcement of the lien or the payment of the full amount secured by the lien, or other satisfaction to be made in connection therewith. 17.7. Foreclosure of Assessment Lien. No proceeding or action shall be instituted to foreclose the lien, either judicially or under the power of sale granted herein, until notice of intention to proceed to foreclose the lien shall have been delivered by the Board to the'Owner affected by the lien at least thirty (00) days prior to the commencement of any such action or proceeding. The assessment lien may be enforced by judicial foreclosure, or by sale by the Board conducted in accordance with the applicable provisions of law relative to the exercise of powers of sale in mortgages and deetls of trust, or any other manner permitted by law. The Board is hereby expressly given the power to bell any Residential Lot as to which any assessment has not been paid, in order to effect collection thereof. Upon any such default in payment, the Board may cause to be served and recorded any necessary notice of default and notice of sale which may then be required by law, and after the lapse of such time as may be then required by law, the Board may sell such Residential Lot at the time and place fixed in such notice of sale, or atsuch other time and place to which such sale may be postponed by public pronouncement at the time and place so fixed. The sale shall be made at public auction to the highest bidder for cash, or its equivalent, payable in lawful money of the United States, at the time of sale. After deducting all costs and expenses of sale, including cost of evidence of title, the Board shall apply the proceeds of the sale to the payment of all sums .secured by the assessment lien, plus accrued interest to the date of sale at the rate of ten percent (10%) per annum; the 'remainder of such proceeds. if any, shall be paid to the person legally entitled thereto. The foregoing rights of enforcement shall not be exclusive, but shall be in addition to any other rights and remedies which the Owners and the Board may have under this Declaration or otherwise .n accordance with law. - The Board shall have the right to bid at any foreclosure sale and to hold, lease, mortgage and convey such Residential Lot upon Its purchase. Upon payment ut the full amount secured by an assessment lien, -70- Including all authorized charges in accordance with the foregoing, or upon any other satisfaction duly made in connection therewith, the Board shall cause to be recorded a notice setting forth the fact of such payment and/or satisfaction and of the release of the assessment lien. LV N Notwithstanding the foregoing, a monetary penalty imposed by the Association as a disciplinary measure for failure of an Owner to comply with the Articles of Incorporation. By-Laws and this Declaration or as a means of reimbursing the Association for costs incurred by the - Association in the repair of damage to Common Area and facilities for which the Owner was allegedly responsible or in bringing the Owner and his Residential Lot into compliance with the Articles of - Incorporation. By-Laws and this Declaration shall not be a lien forecloseable pursuant to this Article. 13.8. Subordination of Assessment Lien. Any assessment lien as to any esi entia of s a at a limes be subject and subordinate to any recorded First Mortgage or deed of trust on the Residential Lot which is created in good faith and for value and which is recorded prior to the date of recordation of the assessment lien. In . the event any assessment lien is destroyed by reason of the foreclosure of any prior Mortgage or deed of trust on a Residential Lot, the interest in the Residential Lot of the purchaser at the foreclosure sale shall be subject to a lien to secure future assessments levied upon the Residential Lot subsequent to the date of the foreclosure. Each Owner shall and hereby does waive and subordinate the benefits of any homestead or exemption law in favor of all the assessment liens, which shall be prior to the rights of any Owner under any applicable 'homestead or exemption laws. 13.9. Speci:J Assessment for Capital Improvements. The _ Board may levy a spear assessmen�or capitTl mprovements to the Common Area or to defray the cost of any action or undertaking on behalf of the Association which shall be assessed, levied, and collected in the form, manner, and method, and with the effect set forth for regular assessments in Articles 13.1. 13.2. 13.9, 13.6. 13.7. and 13.8 of this Declaration, provided that any such special assessment in excess of five percent (5i.) of the gross budget expense of the Association for that year shall require the affirmative vote or written consent of filly-one percent (519) of the total voting power of the Association, and fifty-one percent (518) of the voting power of the Association, ex- cluding those votes held or controlled by the Developer. Notwithstanding the foregoing, a special assessment against Owners to raise funds for the rebuilding or major repair of the Common Area shall be levied and collected as provided in Article 19. and a special assessment levied against an Owner as a remedy utilized by the Board to reimburse the Association for costs incurred in bringing the Owner and his Residential Lot into compliance with the provisions of this Dehlaralibn ar the By-Laws, shall be levied and collected as provided in -21- Articles 13.1. 13.11, 13.6. 13.7. and 13.8 not inconsistent herewith shall be fully applicable thereto. ARTICLE Ie H !V USE RESTRICTIONS CV The Residential Lots shall be used and occupied in accordance with the following; - - 14.1. Residential Purposes. Each Residential Lot shall be used only for resIdent,a purposes. The minimum livable area of all Units constructed or erected on any of the Residential Lots exclusive of any basement, patio, porch, and garage shall be not less than one thousand (1,000) square feet for ode-story residential Units. With the exception of a Lender in possession of a Residential Lot following a default in a First Mortgage, a foreclosure thereon, no Owner shall be permitted to lease his Residential Lot or building or other structure thereon for transient or hotel purposes. Any lease agreement shall be required to,provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration, By-Laws, and related documents of the Assxiabon; and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. All leases shall be required to be in writing, and no lease shall be for a period of less than thirty 1301 days. No Unit shall be subdivided for timeshare or stock cooperative purposes. 14.3. Obstructions. No Residential Lot Owner shall store or construct anything on, or oGstruct the Common Area. 19,3. Insurance Rates. No Owner shall do anything which shall increase the rates oF�insurance. or result in cancellation of _ insurance relative to the Project or any portion of it. 14.4. Waste. No Owner shall commit any waste in the Common Area, -nor moo anything in or about or in connection with the Project which would be in violation of any statute, law, ordinance or governmental rules or regulations. 14.5. Nuisances. No Owner shall do anything in the Project which would obstructorinterfere with the rights of, or annoy or be offensive to. other Owners. 14.6. Parking and 'Vehicular Restrictions. No boat, trailer, _ recreational vehicle, camper,mper, truck, or er vehicular machine in excess of nineteen (19) feet shall be parked or left on any Common Area or be repaired on any Residential Lcl or Common Area within the Project, in such a manner as to be visible from any neighboring property, provided, however that the provisions of this section shall not apply to emergency vehicular repairs. Automobiles may be parked -22- . . l on Common Area, subject to this Declaration and regulations adopted Ql pursuant thereto by the Board, VYy1 'a.7. Si ns. No sign of any nature, except as provided in Section 7t7 of the Livii Code, shall be displayed to the public view on or from any Residential Lot without the prior written approval of the Board as to size. shape, color, and content; however. Developer,may, during the sales period provided for in Article 16, place reasonable signs upon the Project in connection with the sale of the Residential Lots owned by it or in which it has'a security interest. 14.8. Animal Restrictions. No commercial raising of pets, - reptiles, or other aroma—'—Is of any nature shall be conducted on any - Residential Lot. No more than two (2) dogs not exceeding twenty-five pounds (75 lbs.) upon mature growth, two (2) cats, and caged birds, or other household pets shall be permitted on any Residential Lot. Except as herein provided, no other animals of any kind, nature, or description shall be permitted or allowed to remain in or about the Project. No public or private nuisance or activity which may become a '.. nuisance to the neighborhood shall be permitted on any Residential Lot, 19,9, Unsightly Items. No laundry or other unsightly items - - shall be permilteiT-ta ill rom or hang over the windows of any Unit, or the exterior thereof, or on any Residential Lot. No window shall be covered with aluminum foil or any unsightly material. 19,10. Temporary Buildings - Outdoor Antennas. No shed, lent, trailer, or temporary building s a eFll a eect3,maintainedl or used on any Residential Lot provided, however, that temporary buildings used only for purposes incidental to the initial construction of improvements may be allowed thereon. Said temporary buildings shall be promptly removed upon the completion of such construction work. No individual outdoor television or radio antennas shall be erected or maintained on any Residential Lot or exterior of any building or structure. 14.11. Drilling. No property within the Project shall be used in any manner to explore for or to remove any water, oil, or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance, or other minerals of any kind. No machinery or equipment of any kind shall be placed, operated, or maintained upon the Project except such machinery or equipment as is usual and customary in connection with use and maintenance of the Residential Lots and the Common Area and structures thereon, 19,12. Drainage. No buildirg, structure, grading, or improvement shall constructed, erected, altered, placed or - maintained on any Residential Lot in such location or manner as might danage or interfere with established slope ratios or drainage functions, or as will unreasonably obstruct or interfere with the view of any other -23- i Residential Lot; provided, that all buildings, structures and improve- ments as originally constructed by Developer, or its successors or �- assigns, shall be deemed to not unreasonably obstruct or interfere with the view of any Residential Lot in the Project. Each Owner shall not in any way interfere with the established drainage pattern over his Residential Lot from adjoining or other Residential Lots; provided, however, each Owner shall make adequate provisions for proper drain- - - age in the event it is necessary to change the established drainage over his Residential Lot. For the purpose hereof, "established drainage" is defined as the drainage which occurred at the time the overall grading of said Residential Lot was completed by Developer. Each grantee of a Residential'Lot agrees for himself and his heirs, assigns, or successors in interest that he shall permit free access by the Association to slopes or drainage ways located within his property for the maintenance of permanent stabilization for protection and use of property other than the Residential Lot on which the slope or drainage way is located. ARTICLE 15 MAINTENANCE 15.1. Maintenance. The Association shall maintain and provide for the manilenance of all the Common Area and all improvements thereon in good repair and appearance. The Association shall .provide landscaping and gardening to properly maintain and periodically replace when necessary the trees, plants, grass, and other vegetation originally placed in the Common Area by Developer. - 15.2. Exterior Maintenance of Units. The Association shall provide exterior maintenance for the Unit s, which maintenance shall include and not be limited to painting, maintaining, repairing, and replacing roofs, gutters, downspouts, and exterior building surfaces, when and if required by reason of normal wear and tear or deterioration. Each Owner shall be responsible for the maintenance and repair of the interior of his Unit. all glass surfaces included in, attached or appurtenant to his Unit. 15.3. Landscape Maintenance. The Association shall plant, replant, irrigate, ert�malntain, antl trim all landscaping, planted or instilled on the Residential Lots by the Developer, - 15.e. Owner Maintenance. Each Owner shall keep and maintain in good repair ai Wr times the interior of his Unit, including the exterior glass, walls, windows, ceilings, floors, and fixtures and - appurtenances thereto, in a clean and sanitary conditi,ri, reserving to each Owner, however, complete diserel it as to choice of furniture, furnishings, and interior decor. Each Owner shall also keep and maintain in good repair at all times and free of debris the courtyard, atrium, including landscaping and drainage on the Residential Lot, . . including,tlie driveway. 1a l IS.S. Party Wall X (a) Each wall or fence which is built as a part of the - Horiginal construction of a Unit and placed on the dividing line between M Residential Lots shall constitute a party wall, and to the extent not lY inconsistent with the provisions of this Declaration, the general rules of law regarding party walls and of liability for property damage due to negligence or willful acts or omissions shall apply thereto. The cost of reasonable repair and maintenance and any necessary rebuilding or - restoration of a party wall, except such as may be occasioned by the negligence or willful acts or omissions of an Owner using the wall, shall be shared by the Owners who use the wall in proportion to such use. _ The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the Residential Lot and shall pass to such Owner's successors in title. , (b) In no event shall an Owner modify or remove any portion or surface of those walls of his Unit which serve to separate said Unit from another immediately adjacent Unit. Should repairs become necessary to a separation wall as described above, said Owner - shall obtain a Building Permit, if required, from the applicable agency of the City of Palm Desert prior to proceeding with repairs, which repairs shall be executed in a manner that the designed fire-resistive qualities of said wall are not diminished. Nothing in, this subparagraph (b) shall be construed as applicable to normal wall surface repainting or decorating. ARTICLE 16 - RIGHTS OF DEVELOPER 16.1. Common Area Rights. Notwithstanding any of tire foregoing restrictions, eve oper. rts successors, assigns, agents and representatives, shall have the right to the nonexclusive use of the Common Area and any Residential Lots owned by the Developer for maintaining a sales complex, including the exclusive use of a sales facility, together with sales models, a sales and decorator office or offices, and signs, parking areas antl other displays and exhibits to be used for the sale of the Residential Lots; said use of the Common Area shall be for a period of not more than five (5) years after the date on which this Declaration is recorded, or until all Residential Lots are sold, whichever is less, provided, however, that no such use by Developer or its agents or representatives shall otherwise restrict the Owners or their use and enjoyment of the Common Area or facilities thereof. h 6.2. Develohl menl Rights, teveloper, its successors, assigns, agents an7—representatives shall have the right to the non-exclusive use of the Common Area and any Residential Lots owned by the Developer and the facilities thereof during the construction of -75- Ql the Project, and the improvement of said property to park or place It) portable offices or any vehicle, trailer, or structure used as a ey temporary office or facility by Developer or it; successors, assigns, p} agents or representatives, provided, however, that no such use by, ls! Developer or its successors, assigns, agents or representatives shall otherwise restrict the Owners in their use and enjoyment of the Common - Area or facilities thereof. ARTICLE 17 - - ARCHITECTURAL CONTROL - 17.1. Approval Reyuiremenls. No building, improvement, grading, fence, ww�l,RI'7oror ot�cture, including but not limited to landscaping, patios, lights, shall be commenced, erected, placed, maintained, or altered upon any Lot, nor shall any exterior addition to or exterior change, alteration, or exterior improvement be made until _ the complete plans and specifications showing the nature, kind, shape, height,. color, -materials, and location of the same shall have been submitted to and approved in writing as to the color and type of - building exterior, harmony of exterior design and location in relation to surrounding structures and topography by the Architectural Control Committee, and the Owner has obtained a building permit as may be required by local governmental authorities. If such activities are undertaken by the Association, the approval of the Architectural Control Committee is not required. 17.2. Limitations. Any building, structure, improvement, grading, fence, wall or landscaping erected or installed by the Developer as part of the original Project or annexation thereto shall not be subject to the Architectural Control provisions provided herein. , 17.7. CompPletion of Work. After approval by the Architectural Cont roTCommttt OM of constructing and erecting any building or other structure on any Residential Lot shall be carried out diligently from the commencement thereof and the same shall be completed within a reasonable time and in no event later than one hundred twenty (1201 days after commencement of construction. Provided, however, that said time for completion shall be extended for such period as construction is delayed by reason of labor disputes, inclement weather, or other reasons beyond the control of Owner. 17,4, Architectural Control Committee. The Architectural Control Committee, hereinafter referred to as the "Committee` shall consist of five IS) members. Any three (7) members shall constitute a quorum of the Committee. A majority of the Committee may designate a representative to act for it. In the even,. of the death or resignation of any member of the Committee, the remaining members may have full authority to designate a successor. Notwithstanding the foregoing, the Developer shall appoint all of the driginal members of the Committee antl _76_ all replacements until the first anniversary of the issuance of the original Public Report for the first phase of the Project. The 14(g Developer hereby reserves to himself the power to appoint a majority of CY the members of the Committee until ninety percent (90%) of the Residential Lots in the Project, subject to this Declaration, are sold or until the fifth anniversary date of the original issuance of the Final Public Report for the first phase of the Project, whichever occurs first. Thereafter,- the Board shall have the power to appoint all of the members of the Committee. Members appointed to the Committee by the Developer need not be Members of the Association. Members appointed to the Committee by the Board shall be from Members of the Association. The Committee shall serve at the pleasure of the Board. 17.5. Manner of App __royal. The Committee's approval or disapproval as require i-1-' Fn t u's rd� cle shall be in writing. In the event the Committee or its designated representative fails to give its approval or disapproval within thirty (30) days after plans and specifications have been submitted to it, said plans and specification shall then be submitted to the Board for approval or disapproval within thirty (30) days after submittal to it. 17.6. Failure to Obtain A rova 1. In the event that any improvement, change or a terabon was one without obtaining approval of the Committee, or was not done in substantial compliance with the plans approved by the Committee, the Committee shall notify the Owner in writing of failure to comply, specifying the particulars of non- compliance. If, upon the expiration of thirty (30) days from the dale of such notification, the Owner has failed to remedy such non-compliance, the Committee shall have the right and authority to remedy the non-compliance, including the removal of any improvement. The Committee's members and agents shall have the right to enter upon the Residential Lot where a non-compliance exists, or where they reasonably expect any such non-compliance exists. Any cost of com- pliance, including the removal of any improvement, directed by the Committee shall become a charge to the Owner of the Residential Lot and shall, upon demand. be promptly reimbursed by the Owner to the Association. 11.7, Duties of Committee. It shall be the duty of the Committee to consi FF anIT act upon any and all proposals or plans submitted to it pursuant to the terms hereof, to ensure that any improvements constructed on lhe.Projecl by anyone other than the Developer conform to plans approved by the Committee, to adopt Architectural Rules, and to perform other duties imposed upon it by this Declaration, The Committee, on behalf of the Association, may exercise all available legal and equitable remedies to prevent or remove ally unau9turized and unapproved constru:tion of improvements on the Project or any portion thereof, -27- 17.8. Meetings. The Committee shall meet from time to time eft as necessary to per arm its duties hereunder. The vote or written (VQS consent of a majority of the members, at a meeting or otherwise, shall constitute the act of the Committee unless the unanimous decision of the Committee is required by any other provision of this Declaration. The Committee shall keep and maintain a written record of all actions taken by it at such meetings or otherwise. Members of the Committee shall not receive any compensation for services rendered. 17.9. Architectural Rules. The Committee may, from time to time, and in its so an—lnaabso to tGsc retinn, adopt, amend, and repeal, by unanimous vote or written consent, rules and regulations to be known as "Architectural Rules". Said Rules shall interpret and implement this Declaration by setting forth the standards and procedures for Committee review and the guidelines for architectural design, placement of buildings, landscaping, .color schemes, exterior finishes, and materials and similar features which are recommended for use within the Project. 17.10. Waiver. The approval by the Committee of any plans, drawings, or speciiTcauons for any work done or proposed. or for any other matter requiring the approval of the Committee, shall not be deemed to constitute a waiver of any rights to withhold approval of any similar plan, drawing, specification, or matter subsequently submitted for approval. 17.It. Lab lllt Neither the Developer, Committee nor any member thereof shag ble to the Association, any Owner, or to any other party, for any damage, loss, or prejudice suffered or claimed on account of (a) the approval or disapproval of any plans, drawings, or specifications; or (b) the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; provided that with respect to the liability of a member, such member has acted in good faith on the basis of actual knowledge possessed by him. ARTICLE 18 ANNEXATION Upon the recordation at any time, and from time to time, prior to the third anniversary of the original issuance of the most recently issued California Department of Real Estate Final Subdivision Public Report for a phase of the Project, of an instrument or instruments entitled "Notice of Annexation of Territory" (hereinafter referred 10 as "Notice") filed by the Developer covering all or any portion of the Annexation Property; and any final subdivision map recorded in accordance thereto, containing a provision making this Declaration specifically applicable to said Residential Lots and/or Common Area in the same manner as if it were originally covered by -28- this Declaration and thereafter the rights, powers and responsibilities of the parties to this Declaration with respect to the annexed N Residential Lots and Common Area -.hall be the same as with the original Ifs Project covered by this Declaration and the rights, privileges, duties Mand liabilities of the Owners and the imposition of -assessments and t4 enforceability of liens shall be the same as in the case of the original Project, provided that regular assessments as to such Residential Lots so annexed shall commence upon the close of escrow for the sale of the first Residential Lot or Residential Lots so annexed. All such Owners of the added Residential Lots shall, upon the annexation of such Residential Lots to the Project as herein provided, become Members of the Association as provided in this Declaration. Articles and By-Laws of the Association, with all the rights and obligations pertaining thereto. Prior to the conveyance of any Residential Lot to a Class A Member In the property so annexed, Developer covenants and agrees that it shall convey to the Association the applicable Common Area for the uses and purposes set forth in Article a of this Declaration. Developer shall have the right to grant to the Owners of the annexed Residential Lots a nonexclusive easement to use the Common Area of the Project for the uses and purposes set forth in this Declaration. Developer agrees that it will not exercise its right to annex any of said property to the Project unless the dwellings to be constructed on said property are of a size, style, quality and cost comparable to the Units located in the existing Project, and the number of Units in the aggregate do not exceed seventy-five (75). ARTICLE 19 - DAMAGE AND DESTRUCTION OF COMMON AREA In the event the Common Area or any portion of it is damaged by fire, flood, or other casualty, the Board shall take such steps as are proper to make the -necessary repairs and reconstruction of the damage. In the event any insurance proceeds paid as a result of the damage do not exceed the sum of Ten Thousand Dollars ($10,000.00), the insurance proceeds shall be held by the Board for reconstruction. In the event the insurance proceeds do exceed such sums, then all of the insurance proceeds shall be paid to the holder of any Mortgage or deed of trust upon the Common Area or any portion of it, in trust, however, for the purpose of making payment upon the cost of repairs and reconstruction. Any insurance proceeds in excess of the amount required to pay such costs shall be disbursed to and belong to the Association. In the event the insurance proceeds are insufficient to Pay all of the costs of the repairs and reconstruction, the Board shall levy a special assessment against the Owners in equal amounts for such - sums as are necessary to complete such reconstruction repair. The -29- special assessment shall be levied and collected as provided In Article 13. The distribution of any insurance proceeds for any damage or destruction to the Units or Common Area shall be subject to the prior rights of Mortgagees. Each Owner shall be liable to the Association for any damage to the Common Area not fully reimbursed to the Association by insurance which may be sustained by reason of the negligence or willful misconduct of said Owner or his family or guests, both minor and adult. Notwithstanding the foregoing, the Association, acting through the Board, reserves the right (a) to determine whether any claim shall be made upon the insurance maintained by the Association; and (b) to charge, after Notice and Nearing, a special assessment equal to the increase, if any, in the insurance premium directly attributable to the damage caused by such Owner. In the case of joint ownership of a Residential Lot, the liability of such Owners shall be joint and several, except to the extent that the Association has previously contracted in writing with such.joint Owners to the contrary. The cost of correcting such damage, to the extent not reimbursed to the Association by insurance, shall be a special assessment against the Owner's Residential Lot and may be collected as provided herein for the collection of common assessments. ARTICLE 10 CONDEMNATION If at any time all or any portion of the Common Area, or any interest therein, be taken for any public or quasi-public use, under any statute, by right of eminent domain or by private purchase in lieu of eminent domain, the award in condemnation shall be paid to the holder or holders of fee title to such area,.their Mortgagees, and the Association, as their interests may appear. Any such award payable to the Association shall be deposited in the maintenance fund. No Owner shall be entitled to participate as a party, or otherwise, in any proceedings relating to such condemnation. The Association shall have the exclusive right to participate in such proceedings and shall, in its name alone, represent the interests of all Owners. ARTICLE 31 ENFORCEMENT The provisions of this Declaration shall be deemed covenants, conditions and restrictions and equitable servitudes, which may be enforced by any Owner or the Board, and which shall be liberally construed to effectuate the purpose of creating a uniform plan for the development and nperation of a residential project. In the event of a default in the performance of any of the provisions of this Declaration, the Articles, the By-Laws and rules, or the failure of any Owner to -30- uj comply with this Declaration, the Articles,.the By-Laws or rules, such M default or failure may be resolved by all appropriate legal proceedings including but not limited to by injunction, abatement of nuisance and damages. In addition to any other means of enforcement provided by this Declaration, the Board shall have the right to suspend the voting rights of any Owner and use of any recreational facility, for any period during which any assessment against his Residential Lot remains unpaid and delinquent, and for a monetary penalty not exceeding One Hundred Dollars ($100.00), for any single infraction of the rules and regulations of the Board or any breach of this Declaration provided that any suspension of such voting rights or restriction from use of the Common Area or portions thereof or monetary penalty shall be made only after _ hearing by the Board upon fourteen (IV) days' notice given in the manner prescribed in Article 7.3 of this Declaration. Said notice shall - state the exact violation of rules for which discipline is proposed and the facts supporting the violation, The Owner shall have the right to be represented by counsel. - The Board shall give notice to the Lender, who requests such notice, as defined in Article 23.2, holding the First Deed of Trust or Mortgage on the Unit of any default by the Owner in the performance of such Owner's obligation under this Declaration, the Articles, and By-Laws which is not cured within thirty (30) days. In accordance with Article 8.1.4,- the City of Palm Desert is hereby granted the power to enforce all provisions of this Declaration, and for such purposes is hereby made a party to this Declaration. Nothing herein shall be construed as imposing an obligation or requiring the City of Palm Oefert to enforce any provisions of this Declaration. ARTICLE 22 COMPLETION OF COMMON AREA IMPROVEMENTS If the Common Area improvements in the Project have not been completed prior to the issuance of the California Final Public Report of Subdivision and the Association is obligee under a bond or other arrangement to secure performance for the completion of said improvements, the Board shall: (a) Consider and vote on the question of enforcing obligatimis under the bond with respect to any improvement for which a Notice of Completion has not been filed within sixty (60) days after the completion date specified for the improvements in the planned; construction statement appended to the bond unless said date has been extended, and, i1 extended, unless a Notice of Completion has not been filed within thirty (30) days after the expiration of said extension; - _J1- (b) Call a special meeting of the Members for the Npurposes of voting to override a decision by the Board not to initiate N action to enforce the obligations under the bond, or, upon failure of N the Board to consider and vote on the question, The Developer shall LV not be entitled to vote on the question so presented. The meeting shall be held not less than thirty (30) days nor more than forty-five (45) - days after receipt by the Board of a petition for such meeting signed by members representing at least five percent (5�) of the total. outstanding Class A votes; and (c) If the Board.under subparagraph (a) or a majority of the voting power of the membership, excluding the voting power of the Developer, under subparagraph (b) vote in favor of taking action to enforce the obligations under the bond, such vote shall be deemed a decision of the Association and the Board shall thereafter promptly initiate and pursue appropriate action in the name of the Association. ARTICLE 23 - GENERAL PROV15ION5 23.1. Waiver. Failure to enfefce any prm.lsen of this Declaration or any waiver of any breach shall not constlivte a waiver of that or any other provision or any future breach, or of the future right to enforce that or any other provision, 23.2. Rights of Lede n nrs. Any Owner may .encumber his Residential Lot by o t�sl or Mo-upge. The beneficiary of the deed of trust or the Mortgagee of a hiorigage is referred to in this Article as a "Lender". A breach of any of the provisions of this Declaration shall not affect or impair the lien er charge of any bona fide deed of trust or Mortgage made in grout faith and for value encumbering any of the Residential Lots. It is ...leaded that any loan to facilitate the resale of any Residentidl Lol :utter foreclosure is a loan made in good faith and for value and entitled In all of the rights and protection afforded to other Lenders. All hens rr,dted by this Oecla- ral.0o, including, hot 1,of limited le, any re gll lar or special a,e,,ro"t, _ for the payment of money. shall be subordinate to Ile hen created by any such bona fill, First Deed of Trust or First Mortgage given to di y Lender. _ Any Lender who comes into possession of a Residential Lot pursuant to the remedies provided in the First 'Mortgage or First Deed of Trust, uder than by deed in he. of foreclosure, shall take the Residential Lot free of any claims for unpaid assessments or charges against such Residential Lot which accrue prior to the time such Lender comes into possession of the Residential Lot, but such clam shall remain the responsibility of the former Owner. It is specifically understood, however. Oat a Lender is liable for all .uch assessments during the actual period of timm the lender holds title to a Residential Lot. This liahildy for :narssm,nb on the part of the lender is on a pro rota basis with the pro rata period commencing on the (Idle the Lender -32- acquires title and ending upon resale or other transfer by the Lender, whereupon the liability will attach to the transferee. No amendment to Nthis Declaration shall affect any Lender to the extent it defeats the N Lender's then priority position with respect to its lien or which would convert the Lender's loan to an illegal status under such governmental regulations then applicable to the Lender involved, unless the approval in writing of any such Lender is obtained. Any amendment to this Declaration adopted in accordance with Article 23.3 shall affect all Lenders, provided that unless fifty-one percent (51%) of the Lenders holding First Deeds of Trust or Mortgage liens on the Residential Lots have given their prior written approval, neither the Association nor the Owners shall be entitled to: (1) Change the pro rate interest or obligations of any Unit for purposes of levying assessments and charges, allocating distributions of hazard insurance proceeds or condemnation awards, and determining shares of the common elements and proceeds of the Project; (2) Except as provided in Paragraph 5 of this Declaration, by act or omission, seek to abandon, partition, subdivide, encumber, sell, or transfer the common elements of the Project; nor (3) Make amendment 1. this Declaration or to the By-Laws of the Association, which would change the percentage interest of the Owners in the Project, or to amend subparagraph (d) of Paragraph 12 of this Declaration, relating to termination of professional management, or subparagraph (p) of Paragraph 12 relating to the proceeds of hazard insurance. In addition to the foregoing, the consent of fifty-one percent (5181 of the Lenders holding First Deeds of Trust or Mortgage liens on the Residential Lots shall be required to add or amend any material provisions of this Declaration which establish, provide for, govern or regulate any of the following: (a) Voting; (b) Assessments, assessment liens or subordination of such liens; - (c) Reserves for maintenance, repair and replacement of the Common Area; (d) Insurance or Fidelity Bonds; (e) Rights to use of the Common Area; (f) Responsibility for maintenance and repair of the several purl ions of the Project; -33 (9) Expansion or contraction of the Project or the addition, annexation or withdrawal of property to or from the Project; N N (h) Boundaries of any Lot; N (i) The interests in-the Common Area; (I) Convertibility of Residential Lots into Common Area or of Common Area into Residential Lots; _ (k) Leasing of Residential Lots; (1) Imposition of any right of first refusal or similar restriction on the right of a Residential Lot Owner to sell, transfer, or otherwise convey his or her Residential Lot; and (m) Any provisions which are for the express benefit of mortgage holders, eligible mortgage holders or eligible insurers or guarantors of First Mortgages on Residential Lots. An addition or amendment to this Declaration shall not be considered material if it is for the purpose of correcting technical errors or for clarification only. Any Lender who receives a written request to approve additions or amendments who does not respond within thirty (30) days, shall be deemed to have approved such addition or amendment. Because of its financial interest in the Project, a Lender may appear at meetings of the Members and of the Board to present objections if violations of this Declaration have not been remedied. A Lender-is authorized to furnish information to the Board concerning the status of any loan encumbering a Residential Lot. All applicable fire and extended coverage insurance policies shall contain loss payable clauses naming the Lenders who encumber Residential Lots by Deed of Trust or Mortgage, as their interest may appear, 73.3 Amendments. This Declaration may be amended by an instrument in writing, signed and acknowledged by the President and Secretary of the Board after approval of the amendment at a meeting of the voting owners duly called for such purpose. The approval of the amendment shall require the affirmative vote or written consent of (a) at least seventy-five percent (75%) of the Class A Members; and (b) at least seventy-five percent ()5%) of Class 8 Members. If a two (7) class voting structure is no longer in effect because of the conversion of Class B votes to Class A votes, any amendment of this Declaration shall require the affirmative vote or wr.tten consent of (a) at least seventy-five percent (75%) of the total voting power of the Association; and lb) at least seventy-five percent (75%) of the total votes of the Alembers other than the Developer. Notwithstanding the foregoing, the percentage of a quorum or the voting power of the -34- Association or of Members other than the Developer necessary .to amend a specific clause or provision of this Declaration, shall not be less than the prescribed percentage of affirmative votes required for action to be taken under the clause or provision. The amendment shall become effective upon the recordation in the Office of the County Recorder of Riverside County, California; but no such amendment shall affect the right of the holder of any Mortgage or Dead of Trust recorded prior to the recordation of the amendment, unless approved in accordance with Article 73.7. Ho amendment shall affect provisions contained in this ` Declaration concerning Hovley Lane without the prior written consent by. the City of Palm Desert. 73.4 Attorney's Fees. In the event an attorney is engaged by the Board for t—a nTorcement or defense of any of the provisions of this Declaration, then the Board shall be entitled to recover from the adverse party to the controversy a reasonable sum for attorneys fees so incurred and the costs incurred and such costs and attorneys fees shall constitute a lien on the Residential Lot. 1 73.5 Interpretation - Conflicts. As used in this Declaration, the masculine gender s a inc u e t e eminine and the singular number shall include the plural, as the context may require. - The titles or headings of the paragraphs of this Declaration are not a part of it and - shall have no effect upon the interpretation of any of its provisions. In the case of any conflict with the Articles and/or the By-Laws and this Declaration, the Declaration shall control. 23.6 Severabilit of Provisions. The provisions of this Declaration shall a deem to epen ent and severable, and the partial or complete invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, 73.7 Binding on Successors. The provisions of this Declaration shall lama alit t�t�roperty and shall inure to the benefit of, and be -binding upon, the heirs, legatees, devtsces, executors, administrators, guardians, conservators, successors, successors in interest, purchasers, lessees, encumbrancers,- donees, grantees, mortgagees, lienors, and assigns of and from each Owner, and each person having or acquiring any right, title or interest in the Project or any portion thereof. 73.E Duration of Restrictions. This Declaration shall terminate and its provisions shall be o no further effect upon the -75- expiration of sixty (601 years from the date of the recordation of this Q- Declaration. to•x DATED: /;i. i'- '%fj4 DESERT SPRINGS RACQUET CLUB, a.Joint Venture BY:O !/ J*✓JIZN BY: THOMAS F. McDUNfJUfH 9M, INC.-, a California corporation - ���. BY: Idfx.'C� (,(,�(l1.4•Q�. /LtN.<s-i BY: ,tt _�,t. i� .tic 7,J._til to of California 1 1 55. County San Oiego 1 - On this t day of 19 before me, the undersigned Lary - u tBI c. personalty appeared personally known to me for proved to me on sis of satisfactory evidence] to be the persons) who executed th within instrument on behalf of the partnership, and acknowledged to that the partnership executed it. WITNESS my and and official seal. ISEALI -36- STAIE CA' CALIFOR::IA I CuUNTY UF RIVER51DE I n thir. I"U. day • y Plblicl. !n roonoy ..:,d ....... tll F,-,d it,..!, '--I of .., JI.::.1 t x,wl uteri the "I rl to , that "N" ,, v .................. jolot Said 1.11"t F..nt ..I. CTFICIAL SFAL LV 'nIj j0hil votl t th" UPPA A S101E j& Not., STME OF CALIFORNIA ? C(A)NIY 'o' HiVo.RSIOL. I Qn thi, !6tf, J.r: I,f 1041., Njo:­ 'U". 1%4", In And i'tir said ou,:ty :....I At". :I,,d kno,on to I, to I— th.. r,-.,Iid-o! and it,.. S'.4"!--ary 1!% :", corporation otw, t-it,,we: m, wilohl !:,:;f It....t :,lid ...... I...:n.: ko.,mv. the P,,"mul 1, who ('X,-,'j t:. t4w VI t It I, I mi t IL' ut on t f : ! corporatton L,I,lfart knivr: o m,- to tw (,o, "', I'.. J'A". ii,il....I.:. or ........ Racquet Club 1.1:t Joint Vool..., that '-,-'Ut" tn,- vM.11. Insdrmrnt and aC9..l.IvJ,-j 44 to, " that Such corporation Xt,cutf-d tow sAm,- 14 path Individual)! Plat as a jowt volltu"r ol, aald jolot, vt-tilurc acid 'I'al vu,fi Join, 11M OFFICIAL SEAL Or C ,,'..ture nEF'R A'A n_ So Blau tt�. MIA., C.' tc Pl. in o% expiration o1 sixty (601 Years from the date of the recordation of this Declaration.. DATED: DESERT SPRINGS RACQUET CLUB, N a Joint Venture N BY: .. BY: I em, INC., a California corporation BY: BY: State of California 1 SS. l 1 St atr ni Glilorni") . - ) S5. County ni Sun Ole"') On this 9tn ddv of I1C."Aw, PT:4 before Iue V,e ondertihnce .i rwtaryrnFl lc, in ,Ind fur •,.yid county .Ind state, per:nnally d Voedred llwmds F. M.c Ponoudh inuwn to Ile to be one of the NJoint venturerl 61 the Joint l'entilre th.1t e,et Uted the within ini.trunient N Ond dtlnowle.l,led to Me thdt he a-Mated the Saine both individually and as Joint 'venturers ui said Joint venture .ind that s.nd Joint Venture ale. - ereU:ted the Sd.w. .�<..:..� *c:.. .:..�1�.`. EO-7-1' AlUttdrjo/-�r i;�wl.l tklaugnl in nDUry {'ublq yip.r. �aoca.m -76- SUBORDINATION AGREEMENT PROGRESSIVE SAVINGS AND LOAN ASSOCIATION, beneficiary under that certain deed of trust filed for record on the 20th day of April, 1989, as Instrument No. 03131 of Official Records of Riverside County, hereby agrees that the lien and charge of said deed of trust is and shall be subject and subordinate to the within Declaration of Covenants. Conditions, and Restrictions. PROGRESSIVE SAVINGS AND LOAN ASSOCIATION By. C1.teca.lXcA_ i Patricia Carter, Assistant Vice President State of California 1 1 SS. County of 1 On this the 5tb day of 19 before me, the undersigned Sur ary ub rP Ic. pe'so';ally appeared personally krunso, w me l,r proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. ew NI ri..•. !OS A.W2.LS sM N %Lh LY. (I=Bpt &. :.. ...... ... . .r n...r'PATRICIA CARrLR rA74RTNE M. .,r.. .awv ... � (sxrawa4aaka rrdt . I ' SUBORDINATION AGREECENT - .THE ALEXANDER ADAMEK FAMILY 1979 TRUST, beneficiary under that certain deed of trust filed for record on the I6th day of September, 1983, as Instrument No. 196311. of the Official Records of Riverside County, hereby agrees that the lien and charge of said deed of trust is and shall be subject and subordinate to the within Declaration of Covenants, Conditions, and Restrictions.THE ALEXANDER ADAMEK FAMILY 1979 TRUST sv�K4RQ1 GL. liAtAt..li r,u;;lee State of California ) I SS. County of Rivrrsido ) On this the day of 19 . before me, the underrs�g ned No ary u �c, personally appeared S / r personally mown to me or prove to me on the asls of sahsla�Lary evidence to be the person(s)whose name IS subscribed to the within instrument and acknowlednes that he executed the Same. WITNESS myha,,d and official seal. [SEAL] yy tY _37- ,a• 'i'S. casE Na. a � '� �.�ST 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: (61 TASGa2 -79-811 f7 #,4 uNpS CA 2. Name, address and telephone number of person to be contacted con- 9zz G/ cerning the project (such as architect, engineer, or other repre- sentative) : _--3os,.,1, A e y- Ml�'c �M (TN `NUiJSA�E2 � AS C� - ENS �2 I]ty�g�� -LZZZ 3. Common name of project (if any) : i / Q_Ta;2R40Ll .J �..U _�s 4. Project location (street address or ngeneral location) : dPnrcnC 1�� / .4N / ror i a L A 5. Precise legal description of property (lot and tract number, or meets & bounds) : 7- , r s re A. Pn1 * GZz - zoo - oo 6ZZ—Z8o-ooZ 622-2so�o / 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): use !� a �o ✓ A S r� cd al T�iest 11 ✓ c./ S�jZ o.J AuP�A or> 4 rA a ^ 7La 13s 9/s /.a7.01oimua t . 7. Relationship to a larger project or series of projects (describe how this project relates to other activities , hases , and develop- ments planned, or now underway) : -�� rS w, ' C PJ i _ �rojPcl. 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) : 2 Ae, ,9Dra,,/ 9/ c,e /i/n ,aL,-1-a� I 1'eursec-I� CG'-F2 ca-.-,�f SG�ic�scd EXISTING COINDITIONS 9• Project site area: 779 tic�e (Size of property in sq. —It—or acreage) 10. Present zoning: 2- .S (Proposed zoning) :_ FIR- ti-- 11 . General Plan land use designation: i2�stday, al (Py D 12. Existing use of the project site: 1�e 13. Existing use on adjacent properties : (Example - North, Shoppingng�Center; South, Single Family Dwellings; East, Vacant, etc. ) . / Wesr }CAM_,, Cz8 Co Odom .s ) — 2k FALMS ' Pu D -a rcNec� uT— VacQ bdf P"dposej 14. Site topography (describe) : w 15. Are there any natural or manmade drainage channels through or S/r � ���'�' adjacent to the property? NT— YES �_ 16. Grading (estimate number of cubic yards of dirt being moved) : z 17. List the number, size and type of trees being removed: V61 v Try) 18. Describe any cultural , historic, or scenic aspects of the project site:__/� n i, 19. Residential Project (if not residential do NOT answer) A. Number and type of dwelling units (Specify no. of bedrooms ) : r . 60 L/N e'rS 4 e 2 ro P-0 Pd A,— /r +C1•S r+1,�, 1�S La-{' se1,s w,l) .� �i�a�-� l ..z-g "lam /•rdi�io�e .�S. B. i Schedule of unit sizes : CD CDC) ZS-010 1n/, 6E5—, TAB C. Number of stories_ Height feet. D. Largest single building (sq. ft. ) 3, 000 (hgt. ) 1 s E. Type of household size expected (population projection for the project) ; // !�a,es lf� {�� A l ) t,i Z341 S haves hi reel '7 z IWO �GJ! e oz�.o% (X—o02 N 1&-S7 C_r 1 Z 4 Z• S/v c1,�" F. Describe the number and type of recreational facilities : J PooL 3 ,��cJ G. ' Is there any night lighting of the project: N o e g /mac dry cy , Fi Z c �T 79- 7 A>_d4rWa 3 H. Range of sales -prices or rents : $ 00600 to $ oa.Sa, 00d I. Percent of total project devoted to: Building . . . . . . . . . . . . . . .2S Paving, including streets. . . . . . . . . . 13 % Landscaping, Open, Recreation Area . . . . . . S / % it 20. Commercial , Industrial , Institutional or Other Proiect: A. Type of use(s) and major function(s) (if of/ices , specify type & number) : B. Number of square feet a •q e_t in total buildin are... C. 1 Number of stories Height feet. i D. Largest single building (Sq. Ft. ) (Hgt. ) E. Number of square feet in outdoo storage area: F. Total number of required parki g spaces , number provided G. Hours of operation: H. Maximum number of clients patrons, shoppers , etc. , at one time: I. Maximum number of emp/nyvolved, ees at one time: J. If patron seating is state the number: K. Is there any nigh lighting of the project: Yes No L. Percent of to project devoted to: Building . . . . . . . . . . . . . . . . Paving, incl ing streets. . . . . . . . . . Landscaping nd 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) . YES NO 21 . Change in existing features of hillsides , or substantial alteration of ground contours. 22. Chance in the dust, ash, smoke, fumes or odors x in the project vicinity. 23. Subject to or resulting in soil errosion by wind ^' or flooding. / 24. Change in ground water quality or quantity, or 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?) 26. Involves the use or disposal of potentially hazardous materials, such as toxic substances , v flammables or explosives. 27. Involves the use of substantial amounts of 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. 30. Significantly affects any unique or natural features, including mature trees. 31 . Change in scenic views or vistas from existing residential areas or public land or public roads. X 32. Results in the dislocation of people. 33. Generates controversy based on aesthetics or YES NO other, features of the project. [ ] Additional_ explanation of "yes" answers attached. I 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 mi,knowledge and belief. � oslE 14 41,J _3ASCo2� Name Print or Type Fo7 6 Sign ure Date INITIAL STUDY FEE: $30. 00 (Make check payable to the City of Palm Desert and sub— mit with this form. ) i 73-510 ' ED WARING DR., PALM C 3ERT, CA 92260 i SUBDIVISION MAP & I ,PFL=A1n©W FCRA : mg tITIztcn a A0011cont ( Dbase Pnntl 24 7 9 — -E� I( CaJ,4 17-V C/Li 6 � 2 #� �_y.�= � 0 9 c� Mailing Aadr!U oisonans clty 9fGte ZID ccao REQUEST: (Describe s0e0fta nature of 000Ma11 reauesred I. fZ�efeJa� a { �v nriv,oz) s La 3 ✓a �8. ' trc���� a,.� Flo.) fear a n�S .J,Jc(ja�a� AcIc! c%-sAc s �� Zg SF2 L0 s PROPERTY OESCRIPT104: f I �P.S O�r-an r /d/ C./�JJ/AtJYSI/ ✓1 N/.t17S kkiJi 777c�r A d ��ct rrdcv t� 2 E AC T-i yr 2� rrr / 9.�s 19 A ASSESSOR'S PARCEL NO. � Z2 —�Z^SU oo / � Z2" ZSo '-OOZ ,. (d 'ZZ^ ZYC7 - bb�} EXISTING ZONING Property Owner Autnoniatlon The undersigned states Met "MY arty Me owner W of tM property esscrlbed nererrl and nersay give autnar itatlatr ter fire ailing of this coollaatlat. Z — 12 7- - Date Agresment a0edrving file gly 0 rmrn Desert in I IIGDllltlse nNative to any Geed rsstrtatlons. 1 DO Sy My SIGNATURE ON THIS AGREEMENT, About" ate City of Palm Desert of all Iloalltles regarding any dead restr+cnons Met may be aapiaabte b the prapm y described Wmn. \ nature Date Applicants Signature nature oats (FOR STAFF USE ONLY) ErAmn~ml Status Accepted tryw ministerial Act E.A. No. � Cmsgerieal E:omoMm %T2� CASLs b®e 4 (p ❑ Negative OewOaration Ofnef Reference CGN No. I [IMegn1[Inll tnrYtO �Te ry1-et i I VOTc: Applications Nill not be processed until the application and all required materials are round to be complete. Receive I . Completed Application Form (one copy) I Ii . Supplemental Information - ',bitten Statements and Reports Subdivision building or development plan (Design Review Plans ) /g:- V""� Storm Water Control Method Preliminary soils reocrt and grading plan E Xl T j Proposeddllandsca p n& ndirrgation iSH,TViVj F_-(1STjNLA - Proposed covenants , conditions , and restrictions (C.C. & R' s ) fix,i T Method of sewage disposalX1$T Private street maintenance program ( if applicable) W 0 A III . Property Owner' s Information Typed listing of owners , assessor' s parcel numbers (two copies) - Assessor' s Parcel Mao(s) (one set) -' Gummed mailing labels (two sets) IV . Address labels for projec- sponsors (three sets ) V. Tlntative Subdivision ,Map -exhibit Twelve (12) full size maps -, One full size sepia . Twenty-three reduced copes (8'=" x 11" , or 13" ) VI. Environmental Assessment Form (received by Planning Division two weeks prior to formal filing of application) VII. Application filino fee: $250.00 + S2.50 per lot ' IENTA1 :'/E SJ�Di'/i" C' I . OPticnal plans and exhibits , as required b Department or Environmental Services by. the - Aerial Photos) or the site i - . Other exhibits ( TJ4,owi4f v 1 Spegiry I Tentative Subdivision Map Exhibits Received and Checked by: Planning Division Staff Date I I I I i TENTATIVE SUBDIVISION MAP Required Submittal Detail NOTE: Applications will not be processed until the application and all required materials are found to be complete. I . APPLICATION FORM: One (1) copy. Fill out completely and secure all signatures. ttach a sheet listing parties directly involved in representing the project (such as architect, engineer, etc. ) and their addresses and telephone numbers. II. SUPPLEMENTAL INFORMATION: Reports and written statements on the following matters shall accompany the tentative map unless waived in writing: (Subdivision building or development plan as follows: :A. Where the subdivision implements a specific development for the property, submit the plot plan approved through the City Design Review process; or, IB. If the subdivision involves the sale of lots for future unplanned development, show any unique setbacks or common lot features (i .e. , zero lot lines and common access). IStormwater control method, show onsite retention features and any other drainage facilities on, or off the site which relate to this ! division. Define compatibility with City's adopted Master Drainage Plan. Preliminary soils report and grading plan, have report prepared by a soils testing labratory. This information relates to anticipated grading which is to be illustrated in relation to , the existing topography. - Proposed landscaping and irrigation plan for lot sales programs and other types of developments where the subdivision landscaping would be reviewed separately from a plan for building construction (i .e. , industrial tracts and residential lot sales perimeter treatment) . Include plans for any required street center median islands. C.C. and R's, provide a draft outline of agreements, limitations, or restrictions proposed to be recorded with the subdivided land. (Final set of C.C. & R's is to be provided at the time of Final (, Tract Map Review) . Method of sewage disposal , indicating sanitary sewer (where lines ( would be connected from) , or other method/system. ( Private street maintenance program, provide details of how private streets created by the Tract will be maintained, (funds, responsi- bility, etc. ) . t TENT 7I'1E SJBDT'/TSTCi; i^AP ;.ge -_- Ili . PROPERTY OW IER INFORMA71ON: Typed listing of surrounding See "Illustrations far obtaining Properrterty e rs o copies ) . yOwnersNames attached to this application. Assessor' s Parcel Map(s) (one (1) set) , illustrating the subject property and the surrounding property within 300' . Draw boundary or subject property and 300' radius in red. Gummed mailing labels (two (2) sets) for surrounding and subject property owners (with name and address as shown on the latest assessor' s roles) . The labels will be used to mail public hearing notices. IV. ADDRESS LABELS FOR PROJECT SPONSORS: Three (3) sets of gummed mailing labels for those persons who need to be sent hearing and action notices (such as applicant, architect, engineer, etc. ) . V. TENTATIVE SUBDIVISION MAP: Twelve (12) full size copies, containing the following information (except those items determined by City Staff as not being pertinent to a particular tract) : 1. Tract number, title of map, and section description of property; 2. Name and address of owner and subdivider; 3. Approximate acreage and over-all dimensions; 4. Name and address of person preparing map; 5. North point, scale and date; minimum scale 1" - 1001 ; 6. Subdivision boundary line and vicinity map; 7. Names and book and page numbers of adjoining subdivisions; 8. Names, locations and widths of adjacent streets; 9.. Identifying landmarks and existing structures, both above and below ground; 10. Names, locations and widths of proposed streets ; cross-sections ; 11. Approximate grades of proposed and existing streets; 12. Streets and rights-of-way providing legal access to the property; I 13. Excavations within 200 feet of the subdivision; 14. Approximate radii of curves ; 15. Widths of alleys and easements ; 16. Names of utility companies and location Of existing and proposed public utilities ; 17. Elevations of sewer at proposed main connections ; 18. Existing culverts and drain pipes ; . 19. Water courses and channels including existing and proposed facilities for control of stormwaters; 20. Land subject to overflow, innudation or flood hazard. 21. Railroads and other rights-of-way; 22. Lands and parks to be dedicated to public use; 23. Dimension of reservations; 24. Proposed lot lines and approximate dimensions; 25. Adjoining property and lot lines; 26. Setback lines from front streets and side streets (if adjustments are requested) ; 27. Contours, with maximum interval as follows : Slope Interval (percent) in feet 0 - 2 2 3 - 9 5 10 plus 10 Copies of U.S.G.S. maps are not acceptable. 28. Existing use of property immediately surrounding tract; 29. Proposed land use of property immediately surrounding tract; 30. Source of water supply; 31. Method of sewage disposal ; 32. Existing zoning and proposed zoning; f�AP Pace 33. Name of school distr ct and boundary i wdistr thin ttvo (2) 34. Names of any special districts serving the proposed subdivision and location of boundary if within area of tentative map; 3�. If it is contemplated that the development will proceed by units , the boundaries of such units shall be shown; 36. Two cross sections of the property at the mid-points . One (I) ciear,. reproduc=able cop Of the g y of the Tentative %1ap containing_ all eneral information described above, except that it is to be drafted or photographically reduced to an 83-."sheet. (All lettering to be legible; include x I1", or 13" sizegraphic scale) . One (1) copy of the Tentative Map an reproduceable sepia paper (do not fold) . VI. ENVIRONMENTAL ASSESSMENT FORM: One (1) copy, completely filled out form should be submitted two weeks prior to formal filing of the application, so as not to delay processing. For is not necessary, if it has been previously filed in connection with the plan of property development. VII. APPLICATION FILING FEE: Provide check payable to the City of Palm Desert in the specified amount. - Two hundred, fifty dollars ($250) , plus $2. 50 per lot. VIII. OPTIONAL PLANS AND EXHIBITS.- Discuss with Planning Division Staff any additional exhibits to be submitted with a specific application. Large projects will normally need to present aerial photos of the site and surrounding area. Other detail exhibits may also be called for to illustrate the subdivision. NOTE: All maps (except Sepias) are to be folded to a maximum size of 8:" x 13" , prior to submitting with an application. CITY OF PALM DESERT DEPARTMENT OF ENVIRONMENTAL SERVICES PLANNING DIVISION APPLICANTS ' GUIDE TO PROCEDURES I . FILING PROCEDURE: Prior to submittal , the applicant shall discuss his proposal with the Planning Staff to determine whether or not the proposal is in conformance with the General Plan and to determine zonino ordinance_ , subdivision ordinance, or other requirements. II . GENERAL INFORMATION: A. Meetings: 1) City Council meetings are held on the second and fourth } ca nuT rsoay of each month, at 7:00 P.M. in the Council Chambers in the 45-275 Prickly Pear Lane. 2) Planning Commission meetings are held on- Tuesday; nine {-g-)--day.s--pr4or-to-the-first-C-ounc44--meeting of--the-mortr.r- so at 7-00-P,M-- --tlw-Counc44-Chamber- and ���ay -e4-§?*t-44H-day-s-pr-for—to the-sec-ond-Gouncr---meet-i-n =- 1. in the Council Chambers. The-{and-6+v;isron-Co eh, at convenes-OrThursday;ar-l-0:00-A.M.-,-beface_thP r��oe�14Tn#ng Commi-ssion-meeting. B. Public Hearing: Public hearings are held when the C.ity considers requests for a change of zone, variance, conditional use permit, general plan amendment, etc. Legal notices for these hearings are Published in the Palm Desert Post at least ten (10) days prior to the hearing. Public hearing items before the Palm Desert Redevelopment Agency are published in the Desert Sun. C. Aooeals: Where the Zonino_ Ordinance provides for appeal to the City Counci , the appeal shall be made within fifteen (15) days of the date of the decision by filing an application of appeal with the Director of Environmental Services. i D. Fees: All required fees are listed in the Fee Schedule, as approved by the City Council , and specifically noted for this application. E. Building Permits: Building permits are issued by the Department of Building and Safety and are required before any new construction, reconstruction, Plumbing, mechanical work is commenced. F. Business License: Prior to engaging in an enterprise for profit, zoning and building code clearance for the proposed use is required and a city business license obtained. Application should be made to the Code Enforcement Supervisor. G. Private Deed Restrictions: Many parcels of land in the City of Palm Desert are suoject to private covenants, conditions , and deed restric- tions which may conflict with the requirements of the City Zoning Ordinance. The applicant is responsible for resolving conflicts with deed restriction requirements. f / 17 16 (5 (1 1p 9 c 4 9 15 16 21 z 2 a 10 14 17 7 11 !3 / 20 1s 19 G SUSJECT � 122 12 PARCEL 5 6 \ 5 !3 7 (! f0 9 8 1 4 I 14 o \ I 3 15 21 \ ZO 19 /G 17 1e /0 Ili 11 ! !7 15 14 Z I 12 I I` NOTE ` THE SUBJECT PARCEL. ANO THE THREE HUNDRED FOOT PERIt1FTFtZ ..�TO RF n..r. 'INSTRUCT'C;i r01, i �pCprpi( O'riil��$ ilA;i�� IIn order to expedite the procassin° of Chances o, ; Conditional Use pe- it; , all applican - Zone , Var,ances , and Services with a list (in duplica.e is will furnish the Depart.:-ent of nrirpnme.^.tal all parcels within 300 f2et � of the property owners and their addresses fer Of the prooert °T t.e application. Said list shall include the owner y undo, ccn 'deration• These property owner names may > one °; the �,vo following manners : be obt_ined A. Contact a title company and request that they furnish you with a list of names , for which there will probably be a charge. B. Yau,may obtain them yourselves in the following manner: I. Secure from the County Assessor's Office parcel maps covering_ Your application and all lands within at least 300 feet. 2. Indicate the area of your request by a red outline on the parcel maps. 3. Delineate, in red, all property within 300 f a Of your request. e_t of the area 4. From the parcel map, make a list of book and parcel number within the above 300 footace areabiock number, S. Using the Visual Numerical Index File, which is to be found in the Assessor' s Office, place the name and address for each parcel opposite the number described in No. 4 above. 6, Sign Affidavit attesting to name list. 7. Return this list with your application to the Departrant of Environmental Services. I PLANT LEGEND - Olt SYMBOL PLANT NAME SIZE QUANTITY ' � TREES %0 . RL Rhus Lancea 24 Box 1 , S ,, c African Sumac o o = . . SHRUBS 75 r . •-( o CN Cassia Nemophila 5 Gallon 7 ` Green Cassia UT Ligustrum Japonicum 'Texanum' S Gallon 34 Wax Leaf Privet { LMT Lantana Montevidensis 1 Gallon 34 := r Purple Trailing Lantana ' MP Myoprum Parvifolium 'Prostratum' 1 Gallon 16 (Myoprum NDC Nandina Domestica 'Compacta' 5 Gallon 23 Compact Heavenly Bamboo ,IBIS Rhaphiolepis Indica 'Springtime' 5 Gallon 17 - India Hawthorn SG Salvia Greggii 5 Gallon 13 Red Sage i — IVINES — — — 2 BBK Bougainvillea Barbara Karst 5 Gallon, 9 I (� S Bougainvillea �, .. L L F u MATCH LINE t Q MATCH LINE J� l W W v� W o 13 I' � Q ,I J � a» 2 o i w m to a �. c Q I k ' O D t 0 _ .: � 0 00y— Q- s _�W �. . w { WINTER HAVEN CIRCLE T � _ Z ,a r- . _ J IL �• A 3 7 17 l0 2 i3 ►n Icy 7 I� U. Q I ® � North �4 Job N o. Y 072-92 Sheet No. . I I _ HQVLE LANE _ �/ -7 — ' ff \Wh1 LL L '�' = i ��� E N R Y rib ' • - WI LATER HAVEN CI RCLE _ t. IZ - .,-. Y� .,,.. .:a...«.. .r•aC+i!q ,3 t....«... ... - `qs%•,, 1� F'Sr.,.. Y^IXv..,: , 4= • :.. ,.. ,.'• .- ...+. ?;.. ",: •.° .: ' wig:[,": +«.....,v j ....,.... .: 4 :,.,.. -. �, � #, H�' - Y. y.,,. >«n 4,?+....Vb _,.,.... Yvr. ,,. .. �"r.- ..+:N ♦;.' ��°:;•;. .......:�... �v: •-.x.,. .., ": 2,, •�--... _.,rr.. �^�•���,- ._.. .. •,' .: r>t?S•.. .-.., ,.,. ,vas .,,i '-•..wr x a 5"5. d. i, M.' 411 4 PLANT T^ LE END Z r SYMBOL P NT NAME SIZE QUANTI ' ; 1 JIL j r I r TREESF I � z, FU Fraxinus Uhdei 15 Gallon 6 i Evergreen As 0 RL Rhus Lancea 24" Box 2 �° �� Q ff � African SumacW Ix ► 1/ i4 � WF Washingtonia F lifera 8 ft 2 (, a a California Fan Palm loft 1 Q WU ! 12 ft 2 ' (� � 0 3 21 J A SHRUBS i EXISTING �: J � i TENNIS COURTS BLD Bougainvillea 'L Jolla Dwarf 5 Gallon 7 f (v � Bougainvillea 1 L — r BMJ Buxus Microph la Japonica 5 Gallon 46Uj - '^ J ! Japanese Bo ood y � r ;I CN Cassia NemopNila 5 Gallon 49 1/ ., Green Cassia 1 m VI - - - - - - I LFG Leucophyllum F utescens 'Greencloud' 5 Gallon 30 i (� Texas Ranger L1J -LJT Ligustrum Japo icum 'Texanum' 5 Gallon 38 -- a Wax Leaf Privet �! a > m 3 = LMT Lantana Monte idensis 1 Gallon 12 N Zi;1AX, Q t ; � l - Purple Trailing Lantana ' LIMIT OF W K _ w o N 1 4 � MP Myoprum Parv� olium 'Prostratum' 1 Gallon 134 + �i��� �.�� �����������������►��• _ w z >� o Ww o Z Myoprum I Z b , RIS Rhaphiolepis In ica 'Springtime' 5 Gallon 118 � India Hawthorn .. w SG Salvia Greggii 5 Gallon 79 >_� 4 r'm r 4, Red Sage OPEN SPACE �o r m _ S" 1U- Y z VINES �� ,> O a _�' c fl �� � BSK Bougainvillea arbara Karst' S Gallon 18 �-- . ' Bougainvillea h i s - - CI Calliandra Ine ilatera 5 Gallon 8 Pink Powder uff I541 � 1 „ •, � J 1 a t Ar 1Ar 0 ��- _— - - WINTER HAVEN CI RCLE _ 8 � � GIs �. p ,�!' �� •�, � t� MATCH LINE f �sssslEsssssE sssstsssssssssssssssss ssssssss ssfesssssisssssssssssssssasliiiiii�•ii��l���l�!!lsss � , „Y __ .' �-- �� MATCH LINE �rsssssrrsssssssssssssssssEr��e�: ss ssssa�s�ssssst '�'`�" sass sss esits�e.r��EEs�rs�rsssssssssssrssssssss�€sE -_ _ , 1 North 1f Job No. 072 -92 'f Sheet No. j L of A v m. r e,.. .. ... ... .. .y.. .. :.. -.. .. .. + . v e- , ✓. '. .-: ..a:_ ... aM.r a..o..w..:c e=•�. a.....,n rx .. _