12974 (SFD)CITY OF LA OUINTA
t�lgEPARTMENT OF PLANNING & DEVELOPMENT
BUILDING DIVISION
;l=, , 1 u�' Z��: 24-HOUR NOTICE FOR INSPECTIONS
vi
777-7153
Owner T.D. Desert Development L.P.
Contractor
Sparks Construction
Permit Numbar 12974
POST ON JOB IN CONSPICUOUS PLACE
INSPECTOR MUST SIGN ALL APPLICABLE SPACES
JOB ADDRESS 48-365 Via Solana
FD, Lot 102 -
TYPE OF INSPECTION DATE INSP.
FOUNDATION & SETBACK r.
.FOOTING STEEL
MAIN GROUND SYSTEM
GROUND PLUMBING
PRE-GUNITE
DO NOT POUR CONCRETE UNTIL ALLABOVE HAS BEE IGNED
CONCRETE SLAB G
JOISTS & GIRDERS,
ELECTRICAL GROUND WORK
DO NOT POUR CONCRETE UNTIL ALL ABOVE HAS BEEN SIGNED
ROUGH ELECTRIC
ROUGH PLUMBING
ROUGH GAS & GAS TEST
HEATING & VENT -A/C
FIREPLACE
ROOF -
BOND BEAM
O.K. TO WRAP
GROUT ❑ 4' ❑ 8'
FRAMING
INSULATION -' G
PRE -ROOF
COVER NO WORK UNTIL ABOVE H S BEEN SIGNED
DRYWALL INTERIOR GAyr
EXTERIOR LATH
POOL PRE PLASTER
POOL FENCE & GATE
'SEWER SEPTIC TANK
FINAL GAS TEST
HEATING - A/C
Hnl IRF NI IMRFRS
ABOVE APPROVALS DO NOT INCLUDE RIGHT TO
TURN ON UTILITIES OR OCCUPY BUILDING
4188
X.
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Butler, Manager Building & Safety, City of LFrom: William Horowiti 760771,2180 1 10/17/00 12:03:12
Page.1 of 3 it 1
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'48-385 Via Solana
Rancho a u 92253
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October 17, 2000
Dear John
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° I'am at a loss to understand the tone of your recent letter to me after our having had
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cordial relations for 5 years (during which time your newspapers have been picked up
when you were away)... after you expressed interest several months ago in possibly
buying my property for fanuly or corporate use... and as recently as 2 weeks ago at the
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swimming pool where we chatted with my.new bride about your brides birth and
marriage there in Wisconsin where we had justvisited, I am left to wonder.. ;
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What has suddenly exacerbated a situation which has existed since we both moved in? •
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Was it the ant invasion we both and everyone else experienced a few months ago. I don't
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really think the landscaping or watering had anything to do with it. The other vermin
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you refer to is the presence of rats on all the properties, and you know the Association has
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set out traps for them; again, I doubt the problem you bring up has any.cau'sal connection.-
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• , (Incidentally, the only"vernun" I see from my windows'are beautiful bunny rabbits and .
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humming birds attracted to the bushes, which I would miss if they were not there.) As for
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interference with the light coming,through your block window, the hedge -is cut around it
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and does not block any light. Occasionally the bougainvillea on my patio does cast a t
shadow at certain positions of the sun.
'Ido understand You are concerned about the bushes against your house although I fail to
understand the damage they are doing, and I indicated I am willing and able to rectify the
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'problem, first by reducing the watering to almost nothing, then by removing the hibiscus
and honeysuckle entirely if that is not satisfactory: This, of course, would limit my
easement usage for a garden'and the esthetics of my house. At the moment,.the soil
around the bushes is dry. The property manager's •off ce requests that I drip water the
bushes only. There is a drainage gully running from this side yard to between our grassy
backyards which fills and drains to the golf course when the back yards are watered. -This
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course would also guide heavy storm water away, from my side yard and your foundation,
so there is no danger of flooding around your house.
It must be the possibility of my selling the house which has lent this urgency. Let me .•
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reassure you, I will fix the hedge, if that is what you want and that the house is not on the.
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market presently because' of the state of my health.
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T4greg Butler, Manager Building & Safety, City of LFrom: William Horowitz 760 771 2180
.Sent by the Award Winning Cheyenne Bitware
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I know you are/were head of the architectural/landscaping committee and therefore well
versed with the rules and regulations, of this association. Whether the committee was
active when I moved in is yet another question Suff ce it to say, the work was not ! r
bootlegged in, but rather the blocks were installed -by the project's builders themselves
under the direction of Mark Logan who was the'landscape contractor for the whole
project at that time, and his services, plans, etc. Were bought and paid for through the R
Design Center. How much more official can you get? More administrative action was not
;required at that time. Unfortunately, Mimi, who';shepherded the project, is not among us
to supply the eyewitness details, but Mark could if asked. I have the documentation. i t
By the way, his invoice declares that he did not construct a retaining wall but instead
used retaining blocks to correct a "serious slope" (wluch uncorrected would have directed, ; I'
soil and water erosion directly onto your property and left me with no side yard!). The
"original" drainage you refer to was non-existent, except for this "serious slope" directly,
from my house to yours, and.that fact I believe had the builders o.k. this fix to both i
protect your property and mine. And I believe the blocks are functioning exactly as
planned, protecting you rather than directing drainage to your house:
It should be noted that Via Solana slopes downhill from its origin at Rancho La Quinta
Drive to your house, where the slope seems to level off. Each house on my side of the
street has retaining walls between to terrace the side yards and prevent erosion; my side
yard was the last and littlest of the slopes, and therefore not treated as the others.
Apparently the builders felt a retaining wall was not warranted at the time of grading.
Whether you are dealing with my surface watering, or subsurface drainage from the rest
of the hill, is a point to be considered. As is the fact of crumbling walls and mailboxes all;
over the project, pointing to a possible construction defect. Are you aware the sign wall at
the head of our street deteriorated from watering and had to be replaced?
As for your cited rules, here are a few you failed to mention, which also might be
pertinent iu this dispute:
1) The California Civil Code Section 1354 mandates arbitration or mediation before
litigation. -
2) Our by-laws prohibit parking outside the garage: Article VII, #7.5.3
3) Our by-laws prohibit commercial use of the property: Article VII, # 7.
4) There is something in the law. about statute of limitations: 5 years is a long time to
live with a "problem" without complaint, then suddenly "discovering" it. In other
settings, I believe it's called squatter's rights.
To^Gree Butler, Manager Building & Safety, City of LFrom: William Horowitz 760 7712180 10/17/00 12:04:58 Page 3 of 3 f�E
Senlay the Award Winning Cheyenne Bitware
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All these legalisms aside, I don't believe We'need to make a federal case out of this. I am
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willing to, fix the situation which bothers you, -and we can .both go on realizing the
peaceful enjoyment of our, property. My only hope- is that my health will permit me to do
so.1've had a series of evaluations in three cities' during September, and have another this
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week which may tell me if surgical intervention is necessary now. This, as you can
understand, is preoccupying me. That is why I had m wife read our letter several days
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before I felt ready to address your threat, of suit.'But don't -take that as a threat: I am a
peaceful man and propose to stay that way I: cannot afford to be exercised about this or
any other matter. And I like to think of you and Joan as the good neighbors you always
have been to me.
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With kindest regards and best wishes for your health, I remain,
F
.Bill
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Grady N. Sparks, President T.D. Desert Development,'LP and
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Chairman, Master Association for Rancho La Quints
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Gary LeGroy, Property Manager
PCM/Desert Resort Management'
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Greg Butler, -Building and Safety. Manager.
City of La Quints
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THE GALLAGHER` GROUP CITY
OF LAOLINTA
48-365 VIA SOLANA_ OCT. 1 3 C ,
LA_QUINTA, CALIFORNIA 92253 RECD_
760.77 1 ..151 2
Via Registered Mail
October 10, 2000
William S. Horowitz, MD _
48-385 Via Solana
La-Quinta, California; 92253 _
Re: Unauthorized construction of retaining wall, the installation of landscaping and an irrigation system
in the "Use Easement" of John E. and Joan -J. Gallagher's "Private Yard Area." (The legal
description of the Gallagher Property is Lot 102 of Tract 27840, Map Book 248, Pages 50 to 58.)
Dear Bill:
The purpose of this letter is to hereby demand that you remove, restore or repair at your cost and expense:
(1) remove the retaining wall constructed in the "Use Easement"' area, such area as depicted
by cross-hatching_illustrated in the "Use'Easement Plat Map,". Sheet 4 of 5;
(2) remove the'permanent irrigation'system installed in the "Private Yard Area; ~
(3) remove the, vegetation that was planted against the foundation wall of the
Gallagher residence;
= '(4) restore the 'grade level and drainage, system.in accordance, with the. established; ;
dramage:patternestablished by Declarant,.T.D:, Desert Development as, par t -of
the original grading and construction to remove, surface. water away.,from the .
- residence2, and
(5) repair any damage'to the Gallagher residence caused by water damage
resulting from the subject construction.
- We specifically request that this work is completed within the next thirty -days (30) due to the oncoming_
winter weather ,and flooding that is incurring because of the subject construction. If this work is not so
completed, we intend to retain a land surveyor, civil engineer and contractor to perform the work required-
_ to restore the property"to its original approved grading. We. will file an action in the appropriate court_ for
damages and the reimbursement of expenses incurred, including reasonable attorney's fees.
- Encroachment in "Private Yard Area"
Under the "Master Declaration of Covenants, Conditions and Restrictions and Reservation of Easements,
for Rancho La Quinta'(CC&R's),`"Private. Yard Area". shall be:used only as general recreational and
garden areas.' Section 3.10.2(iii)'states,,"....Each owner -shall -have the�right:to.plant vegetation, establish an
irrigation. systern thereon; and install. such other: improvements as are allowed by..this.Master Declaration
The "Use Easemenf' is created in Section 3. 10.1 of the Master' Declaration subject to the "Specific`Plan" prepared for the City
of La Quinta with the developmental standards applying to property designated as Residential Specific Plan (RSP) on the Land
Use Plan. `
2- See approved "Grading Plan," "Rancho La Qui a; Tract 27840, Parcel 2," prepared by Sanborn/Webb, Inc., Civil Engineers.
THE GALLAGHER GROUP
William S. Horowitz, MD
October 10, 2000
_ .Page 2 -
and approved by the Architectural Committee...." The Section continues,."...the private yard area on
each Lot shall not be used in any way which would damage, destroy or interfere in any way.with use and
quiet enjoyment of the adjacent lots...." The Section states further, "...No improvements may be installed
in the Private Yard Area if they have' -the potential to disturb the foundation or structural integrity of
the adjacent Residence...." Further, All improvements installed in the Private Yard Area must meet the
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setback requirements and any other applicable requirements of the City...." (Bold added.)
There is a "Private Yard Area" between our lot 102 and your lot 103; the use of which is -governed by.
Section 3.10.2(iii) of the CC&R's and the Building Code of the City of La Quinta, as approved in the
Specific Plan for a development filed by T.D. Desert Development, L.P. T. D. Desert Development _
required each Buyer 'at Rancho La Quinta to sign an "Acknowledgement of Disclosures" that stated in
paragraph (6) Use Easements (Ranchos Only), "...Installation of all improvements must meet the set -back_
requirements and any other applicable requirements of the city. As a result; Owners may be prohibited
_ from installing certain improvements along or within the Use Easement area for their residences....
After researching the file for the property at 48-385 Via Solana (Horowitz), the property manager for
Rancho"La Quinta, PCM Resort Desert Management,"...was unable to locate any type of material
pertinent to any wall or other architectural notification...." All architectural records received by any prior
property manager at Rancho La Quinta have always been "...enclosed in the owners file...." No
-Architectural ,Comm1ttee_gpproval is on record for this construction.
A retaining wall exists in the "Private Yard Area" between Lots 102 and 103. This illegal wall allows
- water to accumulate against the foundation jeopardizing the Gallagher residence. The grade level and
drainage system approved for the Developer as part of the grading -and original construction to remove
surface water away from the residence has been destroyed. The vegetation rubs against the -wall of the
Gallagher residence and restricts the natural source of outdoor light for the kitchen glass brick wall.
Further, the density of the vegetation -harbors spiders and rodents along the length of the entire westerly
foundation wall.. _
The Building Code approved by the City of La Quinta, page 3.13, specifies that property designated as
Residential Specific Plan on the Land -Use -Plan have a Side Yard Setback of five feet. The Specific Plan
approved for T. D. Desert Development permits only the installation of, "...Residential unit supporting
mechanical equipment shall be, allowed within side yard setback area including eave overhang...."Any
other encroachment in the side yard area setback is in -violation of the Code.
We wrote to you about this matter on July 8, 2000. We continue to be available to discuss this matter in an ,
effort to reach an amicable solution. The purpose of the CC&R's is to preserve and_protect the value, -
attractiveness and desirability of our properties. They must be binding on all parties and enforced.
-Very truly yours,
John E. Gallagher_,