CITY COUNCIL STAFF REPORT DATE: February 1, 2017 NEW BUSINESS

SUBJECT: CASA VERONA, LLC, REQUEST FOR A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 33282; A PREVIOUSLY APPROVED SUBDIVISION OF A 6.1-ACRE PARCEL OF TWENTY-FIVE (25) SINGLE-FAMILY RESIDENTIAL LOTS LOCATED ALONG THE NORTH SIDE OF E. VERONA ROAD AND WEST OF WHITEWATER RIVER (CASE 5.1035/ TTM 33282).

FROM: David H. Ready, City Manager

BY: Department of Planning Services

SUMMARY

This is a request for a one-year Extension of Time (EOT) for a Tentative Tract Map (TTM 33282) for a 25-lot subdivision on a 6.1-acre parcel located on the north side of E. Verona Road and west of the Whitewater River. On October 26, 2016, the Planning Commission voted to recommend denial of the request to the City Council. TTM 33282 was originally approved by the City Council in October 2006.

RECOMMENDATION:

1. Adopt Resolution No. __ , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING A ONE-YEAR EXTENSION OF TIME REQUEST FOR TENTATIVE TRACT MAP 33282; A PREVIOUSLY APPROVED 25-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A 6.1-ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF E. VERONA ROAD AND WEST OF THE WHITEWATER RIVER, ZONED R-1-D, SECTION 6."

ISSUES:

• The Casa Verona subdivision was originally approved in 2006 by the City Council. • Tentative Tract Map 33282 was granted automatic extensions of time from the

State of California between October 2008 and October 4, 2016. • On October 26, 2016, the Planning Commission considered the extension of time

request and, by a vote of 6-1, recommended denial of the extension of time request to the City Council.

ITEM NO. .5 .8.

City Council Staff Report February 1, 2017 Page 2 of 6 Case 5.1035 I TIM 33282- Casa Verona

BACKGROUND INFORMATION:

Related Relevant Prior Citv Actions

09/13/06 The Planning Commission recommended approval of Tentative Tract Map 33282 to the City Council.

10/04/06 Following a recommendation from the Planning Commission, the City Council adopted an MND and approved TTM 33282.

2008-The State of California granted automatic extensions of twenty four (24)

2016 months to all valid tentative tract maps and tentative parcel maps as a response to the economic downturn.

10/26/16 The Planning Commission recommended denial of the extension of time request for Tentative Tract Map 33282 to the City Council.

Most Recent Change of ownership .··

2005 Casa Verona, LLC Related Building Permits/Business Licenses

N/A None Neighborhood Meeting

N/A None . . Field Check

10/26/16 Staff visited the site and its surrounding to evaluate present conditions. Details <>f Application Request

Site Area Net Acres I 6.1 acres

BACKGROUND AND SETTING:

The previously-approved project, commonly known as the Casa Verona subdivision, was approved on October 4, 2006. The project included a Change of Zone from the previous 0-5 (Open Land Zones) to R-1-D (Single-Family Residential; 7,500 Sq. Ft. minimum lot size) consistent with the General Plan designation of Low Density Residential (4.1 to 6.0 dulac) for the site. The previously-approved Tentative Tract Map (TTM 33282) was for the subdivision of the undeveloped 6.1-acre parcel into twenty-five (25) single-family residential lots and two lettered lots (Lots A & B). The residential lots range between 7,582 and 14,837 square feet in size. The subject property is located along the north side of E. Verona Road and south of the Whitewater River.

ANALYSIS:

Time Extension requests for tentative maps are processed pursuant to Municipal Code Section 9.63.110 (Time Extensions) which states:

"The person filing the tentative map may request a time extension of the tentative map approval or conditional approval by written application to the planning commission, such application to be filed at least sixty days before the approval or conditional approval is due to expire. The application shall state the reasons for requesting the extension and the amount of time requested. In granting an extension of time, new conditions may be imposed and existing conditions may be revised or amended."

02

City Council Staff Report Case 5.10351 TTM 33282- Casa Verona

February 1, 2017 Page 3 of6

The Municipal Code further states that any extension(s) of tentative map approval or conditional approval shall not exceed a total of twelve months (§ 9.63.110(c)). The formal request for an extension of time for TTM 33282 was received on September 1, 2016.

In analyzing the time extension request, staff considered the following aspects of the project:

1. What changes, if any have been made to the project's overall plan and site configuration?

There have been no changes to the project's overall layout or site configuration.

2. What specific steps have been taken by the applicant over the past year to advance the project?

The ability to move forward with the development of this tract depended on the development of the adjacent parcel to the south. The main point of access into the Casa Verona development was proposed to be from Tract 30350 located along the southerly portion of Tract 33282. The applicant stated that he has been "primarily waiting on the adjacent property to resolve its future" and that has caused the delay in moving forward with the development of Casa Verona. Since the Planning Commission hearing, the applicant has provided additional documentation showing the acquisition of additional land adjacent to the extension of E. Verona Road. This would allow for the development of the required ultimate right-of-way width; including additional right-of-way for a cul-de­sac at the east end of Verona Road.

3. Are there any recent developments or changes in uses within the surrounding area?

On September 7, 2016, the City Council approved the Serena Park development, a 386-lot residential development. The Serena Park project is located west of the Casa Verona subdivision. There have been no construction activities in the immediate vicinity of the subject site.

4. Does the project still conform to the applicable policies of the General Plan, zoning ordinance and other regulations?

The Project is consistent with the applicable policies of the General Plan, zoning ordinance and other regulations. The change of zone to the R-1-D designation remains valid.

5. Are there any off-site improvements, installation of infrastructure or other changes within 400 feet radius of project site?

The developer has not installed any infrastructure or completed any off-site improvements in furtherance of the Casa Verona subdivision. The development of TTM 33282 was predicated upon the completion of an abutting parcel to the south, TTM 30350; however, development was never commenced on that subdivision and TTM 30350 has since expired.

03

City Council Staff Report Case 5.1035/ TIM 33282 - Casa Verona

Planning Commission Review:

February 1. 2017 Page 4 of 6

In its report to the Planning Commission, staff recommended approval of the one-year extension as the Casa Verona subdivision as the design of the subdivision is in conformance to the development standards of the R-1-D zoning district, and is in conformance with the General Plan designation (Low-Density Residential) for the subject site. Staff noted to the Planning Commission that the development of TTM 33282 was predicated upon the completion of the abutting parcel to the south (TTM 30350), which serves as the main point of access into the Casa Verona development; it was also noted that the approval of TTM 30350 has since expired.

On October 26, 2016, the Planning Commission considered the extension of time request. By a vote of 6-1, the Commission recommended denial of the extension request to the City Council for these reasons:

1. Lack of access into the subdivision; as originally designed, access into the Casa Verona subdivision was to be from TTM 30350, the adjacent parcel to the south for which the entitlements have since expired.

2. TTM 33282 was approved over ten years ago. Since no development has taken place since its approval, the project should start over and involve members of the surrounding neighborhood.

According to Section 9.63.11 O(e), of the City of Palm Springs Municipal Code, the Planning Commission's recommendation shall be forwarded to the City Council for final action.

Letter from the Applicant: On January 23, 2017, staff received a two-page letter from the applicant. In it, the applicant responded to the Planning Commission's findings for denial. Specifically, the applicant stated the following:

• A lot line adjustment to provide access and public right-of-way to Verona Road was recorded in 2007. The applicant insisted that there will be access to their properly and will dedicate properly to the City for Verona Road when the final map is recorded. The applicant also starled that he is working with the new owners of the adjacent properly to the south for easement and construction access.

• The applicant furlher stated that soon after the approval of the tentative tract map in 2006, the golf course to the west of the properly was closed and abandoned in 2007. This according to the applicant "had a very negative effect on the marketability to build and sell homes since the parking lot and golf clubhouse is adjacent to the properly's entry area. Finally, the applicant stated that the project will be re-designed so that it can be built independent of the other tracts.

The Municipal Code requires that recommendations of the Planning Commission be brought to the City Council for a final action. The applicant's letter dated January 23, 2017 is attached to this staff report.

04

City Council Staff Report Case 5.1035/ TTM 33282 - Casa Verona

ENVIRONMENTAL ASSESSMENT:

February 1, 2017 Page 5 of6

The denial of the extension of time request for TTM 33282 is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical changes to the environment, directly or indirectly.

NOTIFICATION:

The applicant was notified of City Council's consideration of the Planning Commission's recommendation. The surrounding neighborhood organizations were also notified. As of the time this report was written, staff has not received any calls from members of the neighborhood inquiring about this case.

CONCLUSION:

The Casa Verona project was originally approved by the City Council on October 4, 2006. The tract map has benefited from the State of California automatic extensions granted to active Tentative Tract Maps during the recession beginning from 2008. The automatic extensions come to an end this year, hence the applicant's request for an extension of time. The project was approved ten (1 0) years ago; the developer has not installed any infrastructure or completed any off-site improvements on the project site. According to the Planning Commission, not only has the character of the neighborhood changed over the past ten (1 0) years, but also the project may no longer fit in the location and therefore a new project with the neighborhood's involvement will be desired for the location.

SUBMITTED:

Finn Fagg, AICP Director of Planning Services

~~7-7~~ David H. Ready, Esq.~ City Manager

ATTACHMENTS: 1. Vicinity Map 2. Reduced copy of TTM 33282 3. Draft Resolution

I

Marcus Fuller, M , P.E., P.L.S. Assistant City Manager/City Engineer

4. Planning Commission Minutes from the meeting of October 26, 2016 05

City Council Staff Report Case 5.1 035/ TTM 33282- Casa Verona

5. Members of the LLC 6. Letter from the applicant dated January 23, 2017 7. Grants of Rights of Way and Easements 8. Grant Deed

February 1, 2017 Page6of6

06

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CITY OF PALM SPRINGS

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RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING A ONE­YEAR EXTENSION OF TIME REQUEST FOR TENTATIVE TRACT MAP 33282; A PREVIOUSLY APPROVED 25-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION ON A 6.1-ACRE PARCEL LOCATED ALONG THE NORTH SIDE OF E. VERONA ROAD AND \Air::C"'T r"'oL \1\ILJITC\/\/ATCD 01\/CO 7f"\~IL:r"\ 0 o1 n YVCVI Vr VVnlll:.VVM.IL..r\. r\IVL.I,, L.VI'tLLJ l'\.-1-u,

SECTION 6.

The City Council of the City of Palm Springs finds:

A. On September 1, 2016, Mark Temple of Casa Verona, LLC, submitted an extension of time request to the City of Palm Springs for a previously approved Tentative Tract Map 33282 commonly called "Casa Verona".

B. The Casa Verona property is located along the north side of E. Verona Road and west of Whitewater River and is zoned R-1-D; the entitlement was originally approved on October 4, 2006, by the City Council.

C. Tentative Tract Map 33282, initially set to expire in 2008, benefited from automatic extensions of time granted by the State Legislature, and as a result was set to expire on October 4, 2016.

D. The Planning Commission considered the extension of time request at its regular public meeting of October 26, 2016, and determined that the applicant has not demonstrated good cause for a one-year extension and recommended to City Council denial of the extension of time request.

E. On February 1, 2017, the City Council held a public hearing to consider the recommendation of the Planning Commission to deny the request by Casa Verona for a one-year extension of time.

F. At its public hearing conducted on February 1, 2007, the City Council carefully reviewed and considered all of the evidence presented in connection with the extension of time request, including, but not limited to, the staff report, and all written and oral testimony presented.

The City Council of the City of Palm Springs resolves:

SECTION 1. The above findings are all true and correct.

SECTION 2. The City Council hereby agrees with the Planning Commission's recommendation, regarding the denial of a one-year extension of time request for a previously approved Tentative Tract Map 33282 for a 25-lot subdivision for single-family residential homes, for the following reasons:

09

Resolution No. Page 2

1. Lack of access into the subdivision as originally designed.

2. TTM 33282 was approved over ten years ago; no development has taken place since its approval, the project should start over and involve members of the surrounding neighborhood.

ADOPTED this 151 day of February, 2017.

ATTEST:

KATHLEEN D. HART, MMC, INTERIM CITY CLERK

DAVID H. READY, CITY MANAGER

10

Resolution No. Page 3

STATE OF CALIFORNIA )

CERTIFICATION

COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS )

!, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 1, 2017, by the following vote:

AYES: NOES: ABSENT: ABSTAIN:

KATHLEEN D. HART, MMC, INTERIM CITY CLERK City of Palm Springs, California

11

EXCERPT OF MINUTES

At the Planning Commission meeting of the City of Palm Springs, held October 26, 2016, the Planning Commission took the following action:

3C. CASA VERONA, LLC, REQUESTING A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 33282; A PREVIOUSLY APPROVED SUBDIVISION OF A 6.1-ACRE PARCEL INTO TWENTY-FIVE (25) SINGLE-FAMILY RESIDENTIAL LOTS LOCATED ALONG THE NORTH SIDE OF VERONA ROAD AND WEST OF WHITEWATER RIVER; CASE 5.1035/ TTM 33282 (ER).

Principal Planner Robertson provided an overview of the proposed request for a one­year time extension as outlined in the staff report.

The Commission had technical questions pertaining to:

• Status of other projects that are adjacent to this property. • Approval of map only? • Change of zone from the previous OS (open-land zone).

Chair Calerdine questioned if the map for the adjacent property had expired and if this subdivision is dependent upon development of another subdivision.

Staff explained this is one of the reasons this is item is being brought forward and by granting the extension of time it would give the property owner the opportunity to work out an easement agreement for access to the site (unusual land-locked parcel).

Chair Calerdine commented that he would approve the time extension this time but if they come back in a year he'd like to see a plan for getting access to this site.

MARK TEMPLE, applicant, responded that he has owned this parcel of land for the last 10 years.

Vice-Chair Weremiuk said it's been a long time and nothing has happened. She commented that this is a community that has concerns about Serena Park and traffic and feels it should start over and is not in favor of the extension.

Chair Calerdine spoke in favor of extending the map to allow the applicant to resolve the access issues.

ACTION: Recommend approval to the City Council subject to Conditions of Approval.

MOTION: Chair Calerdine and due to a Lack of Second Motion was Lost.

ACTION: To deny.

12

Planning Commission Minutes- Excerpt City of Palm Springs

October 26, 2016

Motion: Vice-Chair Weremiuk, seconded by Commissioner Donenfeld and carried 6-1-0 on a roll call vote.

AYES:

NOES:

Vice-Chair Weremiuk, Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Hudson, Commissioner Lowe, Commissioner Middleton Chair Calerdine

Vice-Chair Weremiuk stated that the basis for denial is lack of access to the adjacent road during the last ten (10) years and the need for the neighborhood to be involved in the planning for the future.

I, TERRI HINTZ, Planning Administrative Coordinator for the City of Palm Springs, hereby certify that the above action was taken by Planning Commission of the City of Palm Springs on the 10th day of October, 2016, by the following vote:

AYES: Vice Chair Weremiuk, Commissioner Donenfeld, Commissioner Hirschbein, Commissioner Hudson, Commissioner Lowe, Commissioner Middleton

NOES: Chair Calerdine __-----;-_

'--------"/::~4 Terri Hintz ::=:;:;> Planning Administrative Coordinator

2 ·• .~ 13

CASA VERONA, LLC, MEMBERS

1. Mark Temple 2. Janette Temple 3. MUTT Investment Trust 4. TTPJ Investment Trust 5. Temple LLC

14

Casa Verona, LLC

january 23, 2016

Edward Robertson City of Palm Springs Planning Department 3200 East Tahquitz Canyon Way Palm Springs, CA 92262

Dear Edward:

699 S Indian Trail Palm Springs, CA 92264

760/323-5310 Cell 760-774-3294 Fax 760/323-4303

We were disappointed that the planning commission did not recommend approval to extend Tentative Tract Map 33282. I should have spoken before the open hearing time was closed and believe if all the information and history of the project was presented to planning commission they would have recommended approval.

I believe the planning commission concerns were: 1) Access to the property and 2) The ten year project history, neighborhood involvement and traffic. We will address these issues;

1) In 2007 we recorded a lot line adjustment so we would have access to Verona Rd. and the public right-a-way. We do have access to the property and will dedicate property to the City for Verona Rd. when the map is recorded and are working with the new owner of the adjacent 11 acres to the south for easements and construction access.

2) As part of our process to obtain the tentative map approval we completed several reports including an environmental assessment. The reports address many issues including the single family home designation, adjacent homes, traffic, etc. and concluded with only 25 homes we would have minimal traffic and environmental impact and no new off- site road improvements would be necessary. We purchased the property in 2004 and the tentative map was approved in 2006. just after this time the golf course closed in 2007and was abandoned. As the parking lot and clubhouse is adjacent to our property and is at our entry area, this had a very negative effect on the marketability to build and sell homes. In addition Con tempo Homes purchase the 11 acres to the South and was working with the Agua Caliente Indian Tribe to lease the 20 acre parcel south of them to Via Escuela. As these two adjacent properties were progressing on engineering plans and designs, it was planned to coordinate utilities that ran south through these properties to Via lS Escuela and Vista Chino. As the recession hit and the real estate market bottomed out, Con tempo Homes was foreclosed by their bank and their projects never came to fruition. We now have designed our project so it can be built independently.

In addition, now that the Serena Park project is approved, the old clubhouse and other structures has been removed and the uncertainty of the abandoned golf course resolved, this opens up the opportunity for our project, "Casa Verona" and the 25 homes approved, to be successfully develop and sold. This project will certainly help with affordability of homes within the Palm Springs market. I have talked to Serena Park and hope to help coordinate our projects together as much as possible.

We are the only vacant land property owners in this area that have stayed with the project and weathered the storm and are committed to complete this project. I have lived permanently in the Palm Springs since 1977 and Temple Development has developed over 1,800 resort homes and condominiums in Palm Springs and can visit our web site at http://www.templeconstructioninc.com/

In consideration of the above information and project history, we respectfully request the City Council to approve the requested map extension.

Thank you,

Mark Temple Manager

16

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RECORDING REQUESTED BY AND \\TEN RECORDED RETURN TO'

Casa Verona. LLC c/o Temple Development 610 South Belardo Road, Ste 1200 Palm Springs, CA 92264 MAIL TAX STATEMENTS TO:

same as above_

DOC ~ 2007-0325358 05/16/2007

Conformed Copy Has not been compared with original

coun~~r~r ~,~:~~ide Assessor 1 County Clerk' Recorder

Computed oo tne cons1aerauon or va~ue Ot prup:=rry conveyed; OR - Computed ·on the consideration or value less liens or - Encumbrances remaining at time of sale

No consideration

Signamre of Declarant or Agent determining tax - Finn

GRA.'ITS OF RIGHTS OF WAY AND EASEMENTS (by Alexander and Contempo)

FOR VALUABLE CONSIDERATION. reccipi of which is hereby acknowledged,

ALEXANDER VISTA ESTATES, LLC, a California linrlted liability company, and CONTEMPO HOMES, INC., a California corporation (collectively "Grantor"), does hereby

. GRANT to THE CITY OF PALM SPRINGS, a municipal corporation ("City"), RIVERSIDE COUNTY FWOD CONTROL AND WATER CONSERVATION DISTRICT, a public ageocy of the State ofCalifonria ("RCFC"), and CASA VERONA, LLC, a California limited liability company ("Casa Verona") rights of way and easemeors as follows:

Grams to Citv: Grantor grants and irrevocably dedicates to the City in perpetuity a right of way over, under, across and through the twenty foot (20') wide strip of land legally described and/or depicted OD Alexander and Contempo Exhibit "A" attached hereto ("20' Strip"). Said right of way and dedication is for public street and aU utility purposes (including, wlthout limitation, water, sewer, gas, electricity, telephone, television and dr.tinage), and im:.Iudes ~e right to install and thereafter operate and maintain all improvements necessary, expedient and/or convenient for such public street and utility purposes.

Grants to RCFC: Grantor grants and irrevocably dedicates to the RCFC in perpetuity a righl of way over, under,across and through the 20' Strip. Said right of wity and dedication is for storm water drainage purposes, and includes the right to install and thereafter operate·and maintain all_ improvements necessary, expedient and/or convenient for such storm water drainage purposes.

Grants to Casa Verona: Grantor grants to Casa Verona an easement (for a reasonable period of time as appropriate to accommodate construction) over. UDder, across and through the 20' Strip. Said easement is -for purposes of init" ly constructing public street, utility and stonn water drainage improvements (as required by the City and/or RCFC). '

STATE OF CALIFORNIA :ss/ =UNTY OF RIVERSIDE /y

On _.../' , before me, • personally appeared Michael D. Hut:rhi~sonally koown to me- or- D proved_ro· m~ on the basis of satisfactory evidence. to be me person whose name is sub-scribed to the-within instrument and acknowledged to me that he executed ~ same in h.i.s a~rized capacity), IU'Id that by his signa~ oc ili= instrument th! person, or the. entity upo(l behalf of whl~ lhe person acted, ex.ectned ~ instrumen: . .•. -Wimess my .. fu.nd and offic.ia.t seaL

/ /

~NATURE OF NOTARY

contem?O easement deed2.wpd4/18/D7

18

STATC o:= a f~;?.r-rrrt:'?-_ COUNTY OF ,/2-;_~ /~ r'dz:_ } ss

/7,_;-t. /'l, ;:2bo] //~.-7 _/-( ,?:'~o~ On _ _t_CJ'_~----'-----'--- before me, / r:a-• a Notary Public, personally appeared __ ,,.}(~~-?,/;o::_:>::;:<a<::::_:·_:L=--=/f-L~/?(c..:...:::...:h~h-=·-,_:S::_~-~'-------

personally known to me (ooe-r p;oved te 111e Bli tf.le 19a!9~ ef seti:sfsetoJ 9 eoidEIICC:) to be the person(s) whose name.sC!ifare subscribed to the within instrument and acknowledged to me that.:::B)/she/the.y executed the same in @her/their authonzed capacity(ies), and that by@her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seaL

Si

(This area for offlda! notarial seal)

19

EXHIBIT "A"

ALL THAT PORTION OF GOVERNMENT LOT BIN SECTJON 6, TOWNSHIP4 SOUTH, RANGE 5 EAST, SAN BERNARDINO BASE AND MERIDIAN, ALSO BEING A PORTION OF PARCEL "A" AS SHOWN ON LOT LINE ADJUSTMENT NO. 06-02 RECORDED MAY 12, 2006 AS INSTRUMENT NO. 2006-0348366, OFFICIAL RECORDS OF RlVERS!DECOUNTY CALIFORNIA, DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8, THENCE SOUTH 89°-26'-30" EAST ALONG THE NORTH LINE OF SAID LOT 8 A DISTANCE OF 618.85 FEET; THENCE SOUTH 00"-32'-58" WEST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°-26'-30" EAST A DISTANCE OF 74.69 FEET TO THE SOUTHWESTERLY RIGHT OF WAY OF THE RIVERSIDE COUNTY FLOOD CONTROL D!STRJCT; THENCE SOUTH 40"-59'-56" EAST ALONG SAID RIGHT OF WAY A DISTANCE OF 26.73 FEET; THENCE NORTH 89"-26'-30" WEST A DISTANCE OF 92.41 FEET; THENCE NORTH 00"-32'-58" EAST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING.

20

EXHIBIT "8"

0 0 @ @ 0 @

DATA DELTA/BEARING LEN./DIST.

N 00°32'58-E 10. oo· N 00°32'58-E 20.00'

N 40°59'56UW 26.73'

N 89°26'3o·w 74.69'

N 89°26'3o"w 92.41'

@@0fl. fb@'il fjgj

f?fX]fX]g§(b "[2. PER L.L.A. 06-02

POC N.W. COR. LOT 8

COMMON LINE BETWEEN LLA. PARCELS A & B

f?fX]fX]g§(b "fX}. PER L.L.A. 06-02

EXHIBIT "'B"' - PLAT

LEGAL DESCRIPnON: PORnON OF LOT 8 OF TH£ NORTHWEST OUART£R S£CnON 6, T4S, RS£, S.B.M.

OHN L. SANBORN. PLS NO. 4146 EXP. 6/30/08

DESIGN BY:

Q.G.H.

CHECKEIJ BY.-

J.L.S.

SCALE:

1" = 100'

.. o., 04-244

II

• -

~ I

nLE NO.:

SHEET NO.:

7 OF 1

21

Recording Requested by and After Recording Retumto:

Public Wolks and Engineering Department City of Palm Spr1ngs Box 2743 Palm Springs, CA 92263

File No. LLA 06-02 PI"'\ '. p{

M s u

' A • '

GRANT DEED

DOC l 2006-0348366 0~/12/2005 08:00A Fee:34.00

Pa;• 1 or 11 Recc~d•d in Orflcial Reoo~ds

County of Riversid. Larr-y U. Uard

IIH~ii~~~lilliill~ llii~illl~ iliii~lil~ 1111 ·~·

... " ""' """" - ... \b

b YL """ "'"' """" ..... """

NO DOCUMENTARY STAMPS NEEDED

·For a Valuable Copslderation, receipt of which is hereby acknowledged,

Alexander VIsta Estates, LLC, a California limited Liability Company

Hereby GRANT(S) to

Cesa Verona, LLC, a Ca\lfomla Limited Liability Company

That certain properly In the City of Palm Springs, County of Riverside, State of California being Approved Legal Description Parcei'AM and Parcel'S' of that certain Owner's Certlflcata of Lot Una Adjustment No.

· 06·02 as more parllcularlydescr1bed In ExhlbH "A • attached hereto and made a part hereof. comprising 2 pages.

Note: This grant deed Implements the revised lot configuraHons pursuant to Lot Line Adjustment No. 0~2 as approved by the City of Palm Springs. The primary funcHon of the deed Is to provide constructive noHce of the revised lot configurations pursuant to Government Code Section 66412 (d), and to perfect the intent of the Lot Line Adjustment No. 06-02 as approved.

Grantors: Alexander VIsta Estates, LLC,

. o California Umited liability Company

By L, "'"'"''" Homes, Inc., Manager/Member

9902081 prop: Lot 28 of Block 20- RV:2006 00348366 06/14/2006 09:15AM I ofiO

22

------·-······· ··-···-·

ALLPURPOSEACKNOWLEDGMENT . state of CALIFORNIA CAPACITY CLAIMED BY

SIGNER .County of RIVERSIDE

On 05/03/06 bef018 Me JON M. LIZARRAGA, A NOTAR 0 INDI\10UAL(S) .Date Name TIUe of Oflloer MI-IC.1 OCORPORATE personally· appeared MICHAEL D. HUTCHISON

OFACER(Sl NAME(S) OF SIGNER(S) . TrnE(S)

li pef800aUy known to me OPARTNER(S)

·OR- 0ATTORNEY·IN-FACT

0 proved 1o me C!fl the basis of saUafaotoJY evldence to be lhe OTRUSTEE(s) pet'80118Ci() whose narne(:II)@J3 subscribed to the within lnsl.rument and acknowledged to me the ~Y executed the same In 0 SUBSCRIBING WITNESS ~Jib(lr authorlzBd capac!~). and that ~rMQr

0 GUARDIAN/CONSERVATOR tu~ on the instrument the person ,~~C) or 100 entity upon behalf of which the person~ acted, executed the Instrument

OOTHER . Wl~ my .[land and olflclal seal. cc·l 11~ =- /

) Slgna~of Notary C ~ .

,. ¥JNM.~ SIGNER 18 REPRESENTING: Cgmrnllak::ln II 16299 .. 4

i -..--ca-... ~ ·-co.nv ~ ••• !:t5o:ns~.~2'ex:'

ATTEI:fl!ON NOTARY: Although lha Information requesled below Is OPTIONAL, It could prevent fraudulent attachment of lhla cerflflcate to unauthorized document

THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT:

Title or Type of Docliment

Number of Pages DATE of OOCOMENT

Signer{&) OtherThan Named AbOVII ·

· Ill~ IIIII~ M~ II ~~~~ 1111~ ~1111 ~ 11~1 ~1111~ 2006-ll3483SS

"/121fefi6 !i18•etA 2: Q( Jl

I .l

I I

i

9902081 prop: Lot 28 of Block 20- RV:2006 00348366 06/14/2006 09:15AM 2 of10

23

OWNER'S AFFIDAVIT FOR LOT LINE ADJUSTMENT

IN ACCORDANCE WITH CITY OF PALM SPRINGS COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

We, the undersigned, do hereby certify that wa are all and the only parties having any record title Interest In the property as desclibed In the attached description and plat and do hereby approve of, join In, and consent to the preparation and execution of this Affidavit for Lot Line Adjustment as described in the attached descliption and plat.

lexander Vis~a Estates,LLC Casa Verona,LLC ,qt,mJIO Homes, Inc, Its Man ging Member Member

STATE OF CALIFORNIA

COUNTY OF RIVERSIDE

On APRIL 7, 2006 DATE

, before me, JON M. LIZARRAGA, A NOTARY PU¥LIC

personally appeared __ M_I_C_HAEL ___ u_._B_u_T_cu_r_s_o_N ___________ _

i<fpersonally known to me eR 0 pl'll'le~ le me on the beeie el eetisfaetof') etidMee to be the personps:) whose nam~@~ subsclibed to the within Instrument and acknOwledged to me that

, tfiii]sl:!ellhey executed the same l~her/~Jeh authorized · "elipacity~. and that blt'1\TsJ~ slgnatur~n the

Instrument the person1-):brlhe entity upon behalf of which the person(:IQ acted, executed the Instrument.

11111111111111111111 ~11111~11111111111111111111111 2006-6346366 9511212996 sa'~~

3 or UJ

9902081 prop: Lot 28 ofB1ock 20- RV:2006 00348366 06/14/2006 09:15AM 3 of 10

24

STATE OF CALIFORNIA COUNTY OF Riverside

On ADdl 10. 2006

} SS:

before me, Jon M. Lizarraga

~ _NE.~'Y Publ~c, personally appeared _.M,a.,rJ<.IWTcs•.um.Lio,.le._ _______________ _

personally known to me {or pn;wvd to ~e ert the basis oF satisfacto• J ewfdence) to be the person~ whose nam~jl(e subscribed to the within Instrument and acknowledge~ me tha~ohelthey executed the 'same irvfii?/lle;ftheli authorized capacity~), and that by~~r Slgnatur<;lllj on the Instrument the~erson.(:li1, or the entity upon behalf of which the perso~ acted, executed the Instrument.

WITNESS my hand and official seal.

STATE OF CALlFORNIA COUNTY 0 F Riverside

On April 10.2006

(This arel! for official notarial seal)

} SS:

before me, Jon M. Lizarraga

a Notary Pu~J!~, personally appeared _;S"c.,o,.,tt...;S.,a':'u':':!ll'!"'d"ers"'----------------

personi!IIIY known to me f'of JJr&:reB te FRB GA ~~ balilc af u'llifilebP) e:ridaR;;e) to be t~erson~ whose names157~ ~ub cribed to the within instrument and acknowledge~ me tha~&f:ta/tl:lt.v e:.c:ecuted the~me I t'lel/tl•elt authorized capadty{;tl), and that by~/he•/tlicil stgnature..f:a:l on the Instrument the rsonpo), or the entity upon behalf of which the person~ acted, executed the Instrument.

WITNESS my hand and official seal.

(Thls areZI tor official notarial seal)

1111111 HmiiiHIII ~Ill~~~~~~ 111111111~ 1111 2996-8349366

s:~ll212&&s sa ·aM 4 er 11

9902081 prop: Lot 28 of Block 20 - RV:2006 00348366 06/14/2006 09:15AM 4 of 10

25

I(We), the undersigned, as beneficiary(ies) of Trust Dgd(s) recorded as Instrument No. 2005-1078923 /!4 ,datedoocember JO zoos ,doherebyapproveof,jolnin, and consent tot epreparatlon and execution of this certificate for Lot Line Adjustment in the aHached description and plat.

12,41 ~ Printed Name & Title

STATE OF ...!~~a4·/...~IM~·-==.._~ ) - ~ } ss COUNTY OF ~.......,..... )

On Atw110,2odC. ,beforeme, L;$<o. c. rvlo..-Qj•"""'r.:J. Nkr,)' 'Publ<c., u DATE

personally appeared 1)."!61" < I Avy . . Qr personally known to me R D proved to me on the basis of satisfactory evidence to be

the person!S) whose nam~) Cii/are subscribed to the within instrument and acknowledged to me that 118/she/they executed the same in ~/her/their authorized capacity(i,eS), and that by !Olslher/thalr signaturll(t:) on the instrument the person(t}, or the entity upon behalf of which the person~ acted, executed the Instrument.

The Engineering Division has examined this Lot Line Adjustment in conformance with Section 66412 (d) of th overnment Code of the tate of California.

APPROVED: ,..,....jiU.<~~~~:.....:=:'c?~::=s~._,_­Marcus Fuller, Assistant Director of Public Worl<s I Assistant City Engineer

DATE: _S--1-,/ti----'/(_,_/c_o {.. __

The Planning Department has reviewed this application and finds it consistent with previous Planning Commission ons on the subject property.

' DATE: 4/~ APPROVED: • ifl~~~Nr~to~a;;;;fnCSeirviOes-e of Planning Services

This application Lot Line Adjust ent is in accordance with Section 9.60.090 of Palm Springs Subdivision Ordinance.

Notary Statements for Asst. Dir. of Public Works and Dir. of Plannjno on following page

!lUI~~~~~ 1~11111~ 1m1110 m 1111~ I 9902081 prop: Lot 28 of Block 20- RV:2006 00348366 06/14/2006 09:15AM 5 of 10

26

STATE OF CALIFORNIA } ss

COUNTY OF RIVERSIDE )

on Mo.~ 11, aoo~,> OATE

, before me, --~Ca""'m'-'·e.,Ro~v:<:n:=ef.iy,:;:N~o:l':ta!;':;rv~P~u.,b,.,li,_c ___ , Name 1rx1 nue d Of'ker

personally appeared :::::======~M~afC!~Js~fy~l~le!!=r ========= twne(s) d Slgnerts)

l8l personally known to me OR D pFe'ied Ia me eR lila basis Elf saliefasleF)' eYideRae

STATE OF CALIFORNIA }

to be the personf&) whose nam~) ls/ar&-Subscribed to the within instrument and acknowledged to me that hel&ReARey executed the same In hisRler/IReir authorized capacity~, and that by hlsllleFI'J1eir signatur~ on the instrument the personf&), or the entity upon behalf of which the personf&l acted, executed the Instrument.

} ss. COUNTY OF RIVERSIDE }

On Apri I ~~. 9000 , before me, ___ _.c .. a..,m ... ·e~R;::o::vn-=ev~, Ni":o~!a~rvl:::'Pu.,b,.,lic,.__~ OA TE Name n:1 Ttcs. d Ol'ftc«

personally appeared Craio EWfna Nllme(t) d SiQMr(t)

l8l personally known to me OR 0 pra¥ed Ia ma aR IRa baa is ef saUelaG!apt eviEieRaa

to be the parsonf&l whose namef&l) is/ar&-subscribed to the within instrument and acknowledged to me that helelieARey executed the same in hisRlei'J#Ielr authorized capacity(ie&}, and that by hls.l!larltlleit signaturef&l on the instrument the personf&), or the anUty upon behalf of which the personf&l acted, executed the instrument.

Witness my hand and official seal.

Co~.~

Ill~ II ~UII W 1111111~ ~ lllllm I .,:.~m~~.

9902081 prop: Lot 28 ofB1ock 20- RV:2006 00348366 06/14/2006 09:15AM 6 of 10

27

LOT LINE ADJUSTMENT LEGAL DESCRIPTION

NO. LLA 06-02

EXISTING LEGAL DESCRIPTIONS

GOVERNMENT LOTS 8 AND 13 LOCATED IN THE WEST ONE-HALF OF SECTION 6, TOWNSHIP 4 SOUTH, RANGES EAST, SAN BERNARDINO MERIDIAN, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF.

I ~II IIIII~ 111111111111111~ lOIII~ IIIII lUII~ 2~83SS

"'12/ZS&S 99•18A ? of 18

9902081 prop: Lot 28 of Block 20- RV:2006 00348366 06/14/2006 09:15AM 7 of 10

28

EXHIBIT "A" LOT LINE ADJUSTMENT

LEGAL DESCRIPTION NO. LLA 06-02

APPROVED LEGAL DESCRIPTION

PARCEL "A"

GOVERNMENT LOT 8 LOCATED IN THE WEST ONE-HALF OF SECTION 6, TOWNSHIP 4 SOUTH, RANGES EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF. IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, EXCLUDING THEREFROM THAT PORTION DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8;

THENCE SOUTH 89'26'30" EAST 618.86 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 8;

THENCE SOUTH 00'32'58" WEST 23.00 FEET;

THENCE NORTH 89'26'30" WEST 618.73 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 8;

THENCE NORTH 00'13'37" EAST 23.00 FEET TO THE POINT OF BEGINNING.

DESCRIBED PARCEL "A" CONTAINING 11.09 ACRES, MORE OR LESS AND AS SHOWN ON THE ATTACHED PLAT EXHIBIT "B", BY THIS REFERENCE BEING MADE APART HEREOF.

Prepared under the supervision of:

~ bcv\, Date: '5ll\lo<_. AngeJa:!iorf, P.L.S. 48010 Expires 12/31/06 STANTEC CONSULTING 73-733 Fred Waring Dr., Suite 100 Palm Desert, CA 92260 (760) 346-9844

1 ~1111 miiiiiiUIII m111111111 ~Ill m 11111111111~ 0:\A(J778\4D77BOJ'Idr&winp\1Lirvcy\U.J\\l.I.ALEGAWES.doc:

Po.ge 2 of3

[xp. 12/31/06

200S·S3483SS G'/U!/~ tli•li9A

eo£ n

9902081 prop: Lot 28 of Block 20- RV:2006 00348366 06/1412006 09:15AM 8 oflO

29

EXHffiiT "A" LOT LINE ADJUSTMENT

LEGAL DESCRIPTION NO. LLA 06-02

APPROVED LEGAL DESCRIPTION

PARCEL"B"

GOVERNMENT LOT 13 LOCATED IN THE WEST ONE-HALF OF SECTION 6, TOWNSHIP 4 SOUTH, RANGE 5 EAST, SAN BERNARDINO MERIDIAN, ACCORDING TO THE OFFICIAL PLAT THEREOF, IN THE COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INCLUDING THAT PORTION OF GOVERNMENT LOT 8, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8;

THENCE SOUTH 89"26'30" EAST 618.86 FEET TO A POINT ON THE NORTHERLY LINE OF SAIDLOT8;

THENCE SOUTH 00°32'58" WEST 23.00 FEET;

THENCE NORTH 89°26'30" WEST 618.73 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOTS;

THENCE NORTH 00°13'37" EAST 23.00 FEET TO THE POINT OF BEGINNING.

DESCRIBED PARCEL "B" CONTAINING 6.44 ACRES, MORE OR LESS AND AS SHOWN ON THE ATTACHED PLAT EXHIBIT "B", BY THIS REFERENCE BEING MADE A PART HEREOF.

Prepared under the supervision of:

~(k ~ DateSt~t\o).. Allgclll: Dorf, P:LS:i(n o Expires 12/31106 No. 8010 STANTEC CONSULTING 73-733 Fred Waring Dr., Suite 100 E•p 11/31/05

Palm Desen, CA 92260 (760) 346-9844

1111~ 11111\llllllll~lllllllll~m ~I U~lll~ ftll · 05/~::r:~i~:.. 0:1407781407780l"<lr>wingsllurvc)IUJ\\LIALEGALDES.doc

Pagdofl

9902081 prop: Lot 28 of Block 20- RV:2006 00348366 06114/2006 09:15AM 9 of 10

30

1/lnllllllll Ill~~ 1/~llllllll llllfl/111111111111111 2006-834~366

8:YI2/l5&6 11S •88A I& or IS

P.o. e.

PREPARE BY:

PARCEL~· 11.09 AC

COVT LOT 8

EXHIBIT "B"

S8Y.J2'48"£ 150.$8'

~~;wr 5/u(~ ~TE:

LS 8010 EX~ 12-Jl-06

•

CITY OF PALM SPRINGS PUBUC WORKS & ENGINEERING

DEPARTMENT

LOT LINE ADJUSTMENT I.IIIM. .......

SEE EXHIBIT • A • OCIDI'I'\

A.E.D

SHEET 1 OF 1

--N£W LOT UNE

_ ORICJNAL LOT UNE TO REIIAIN

ORIGINAL LOT LINE - - - TO BE D£l£1TO

NOT£: THIS LOT UN£ ADJUSTMENT 00£5 NOT AFFECT OR SUPERC£0£ ANY EXISTING EASEMENTS ON THE PROPERTY

SCALE: 1" ., ~00'

~ PUND.J

1• • 300' UA 08-02

lULl IIGT ND.J

1 OF' 1

9902081 prop: Lot 28 of Block 20- RV:2006 00348366 06114/2006 09:15AM 10 of 10

31

STEVEN FORD I Real Estate Development Consulting Services

Acquisition Feasibility I Regulatory Analysis I Entitlement I Project & Site Development Management St«V«nfordi@Ltva.com I 760-902-8781

Date: January 24, 2017

To: Edward Robertson

Copies:

Project:

Reference:

Subject:

Via:

Hello Edward,

City of Palm Springs Planning Department

3200 East Tahquitz Canyon Way

Palm Springs, CA 92262

Shaul Mezrahi

Mark Temple I Temple Construction

Tentative Tract Map 33282

Temple Construction Tentative Map Extensions Request

Easements required from Shaul Mezrahi for completion of Verona Road full width improvements as

conditioned on the Temple Construction project north of Verona Road

email: edward.robertson@palmsprings-ca.gov

Mr. Mezrahi and I have been working closely with Mark Temple the last two weeks to coordinate the easements for

road construction that the City is conditioning on his Tentative Map. Additionally, as Mr. Temple moves forward

through the entitlement process to construction of site development improvements we will be working with him to also

coordinate other infrastructure improvements of mutual benefit to both property owners.

We support his project application. Please contact me with any questions you or other members of City staff may have

regarding our efforts to work with Mr. Temple on resolution the infrastructure issues that impact our respective

projects.

Regards,

STEVEN FORD

liPage

STEVEN FORD I Real Estate Development Consulting Services

'3Z