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BRES2016-0240T_dT 4 441 Qubtm P.O. BOX 1504 Building 78-495 CALLE TAMPICO Address LA OUINTA, CALIFORNIA 92253 Mailing Address 2 ` N YV,nXn n _&W IIIE7t� L li 0 & Classif Designer 'jC+ Lic. # Lic. # G ICI 2 I U LICENSED CONTRACTOR'S DECLARATION I hereby affirm that I am licensed under prowsions of Chapter 9 (commencing with Section 70D0) of Division 3 of the Business and Professions Code, and my license is in full force and effect SiGNATUq DATE OWNER -BUILDER DECLARATION I hereby affirm that I am exempt from the Contractor's License Law for the following reason (Sec. 7031.51 Business and Professions Code: Any city, or county which requites a permit to construct after, improve, demolish, or repair any structure, prior to its issuance also requires the applicant for such permit to hie a signed statement that he is licensed pursuant to the provisions of the Contrac- tor's License Law. Chapter 9 (commencing wan Section 70W) of Division 3 of the Business and Professions Code, or that he is exempt therefrom, and rho basis for the alleged exemption Any violation of Section 7031.5 by any applrcam for a permit subjects the applicant to a crvfl penalty of no more than live hundred dollars ($500) ...I, as owner of the property. or my employees with wages as their sole compensation, will do the work, and the structure ,s riot intended or offered for sale. (Sec. 7044, Business and Profes sions Code: The Contractors License Law does not apply to an owner of property who builds or improves thereon and who does such work himself or through his own employees, provided that such improvements are not intended or offered for sale. If however, the building or improvemenr, is sold within one year of completion. the owner -builder wdl have the burden of proving that he did not build or improve fat the purpose of sate). I, as owner of the property am exclusively contracting with licensed contractors to construct the project. (Sec. 7044, Business and Professions Code- The Contractor's License Law does not apply to an owner of property who builds or improves thereon, and who contracts for such nrm,pcts wit: a contracror(s) licensed pursuant to the Contractor's License Law) I am exempt under Sec. B & PC. for this reason Date Owner WORKER'S COMPENSATION DECLARATION 1 hereby affirm that I have a certificate of consent to sell -insure. or a certificate of Worker s Compensation Insurance, or a certified copy thereof (Sec. 3800, Labor Code. ) Policy No. Company ]Copy is filed with the city. I Certified copy is hereby furnished CERTIFICATE OF EXEMPTION FROM WORKERS' COMPENSATION INSURANCE (This section need not be completed if the permit is for one hundred dollars IS 100) vaiuetion or less). I certify that in the performance of the work for which this permit is issued, I shall not employ any person m any manner so as to become subject to WorkersCompensation Laws of California Date Owner NOTICE TO APPLICANT: It, after making this Certificate of Exemption you should become subject to the Workers' Compensation provisions of the Labor Code, you must forthwith comply with such provisions or this permit shall be deemed revoked CONSTRUCTION LENDING AGENCY I hereby affirm that there is a construction lending agency for the performance of the wart I, r which this permit is issued (Sec. 3097, Civil Code.) Lender's Name Lender's Address This is a building permit when property filled out, sgned and validated and is subject to expiration 0 work thereunder is suspended for 180 days I certify that I have read this application and stale that the above information is correct I agree to comply with all city and county ordinances and state laws relating to building construction, and hereby authorize representatives of this city to enter the above mentioned property for inspection purposes Signature of applicant ._ _ Date Mailing Address City, State, Zip WHITE = BUILDING DEPARTMENT . COZY APPLICATION ONLY BUILDING: TYPE CONST.1V OCC. GRP V- -6 A.P. Number Legal Description Project Description Nr--w R i i Dr-- NT1 & I Sq Ft. _/ No No Dw, I Size pr alp t2t Stones Units New Add ❑ Alter =1 Repair C Demolition 7 Z I Estimated Val tion '7" ,)F I -A OUINTA PERMif AMOUNT Plan Chk. Dep. Plan Chk. Bel, Const. Mech. - Electrical Plumbing S.M.I. Grading Driveway Enc. Infrastructure TOTAL CONTACT INFORMATION NAME: HAl VU iL�,r - Via- _ A*Jk& 4iJL'�ItAArit-jn PHONE: MA" Ij A 6IR p V & 9_C_k k , c.CN\ ZONE: BY: Minimum Setback Distances: Front Setback from Center Line Rear Setback from Rear Prop. Line Side Street Setback from Center Line Side Setback from Property Line FINAL DATE Issued by: Validated by. — Validation: YELLOW = APPLICANT INSPECTOR Date Permit PINK = FINANCE -T4hf 4 41114� QUM& COMM UNII-Y DEVELOPMENT DEPAk: I %11 �\ 1 78-495 CALLE TAMPICO LA QUIN'PA, CALIFORNIA 92253 (760) 777-7012 FAX (760) 777-701 1 CERTIFICATION OF BUILDING AREA STREET ADDRESS OF JOB: 77-210 LOMA VISTA APN: 658-200-004 DESCRIPTION OF WORK: SFD SQUARE FOOTAGE: 5203 SQ. FT. OWNER'S NAME. SWENSON For questions regarding this letter, please call: City of La Quinta Permit Center (760) 777-7012 Coachella Valley Unified School District 83-733 Avenue 55 P O Box 847 Thermal, CA 92274 (760) 398-5909 Desert Sands Unified School District 47-950 Dune Palms Road La Quinta, CA 92253 (760) 771-8515 CITY OF lA QUINTA BUILDING & SAFETY DEPI APPR VED FOR CONST UCTION DATE B Please note: This letter verifies conditioned square footage. Please call your School District to verify school fees, requirement for cashier's check or money order and hours of operation. Earth Systems Southwest 79-811B Country Club Drive Bermuda Dunes, CA 92203 (760)345-1588 (800) 924 7015 FAX (760) 345-7315 January 11, 2017 Mr. and Mrs. Lisa Swenson 62 Ellenwood Avenue Los Gatos, California 95030 Subject: Residential Building Structural Plan Review Project: Proposed Single Family Residence 77-210 Loma Vista The La Quinta Resort La Quinta, Riverside County, California File No.: 12124-01 Doc. No.: 17-01-705 As requested, Earth Systems Southwest (Earth Systems) is providing this structural plan review submitted to Earth Systems. Our review was performed for the residence (house) and is from a geotechnical perspective. Our conclusions are provided below. Background On Wednesday, January 4, 2017, Earth Systems performed a residential building structural plan review (Reference 7; Knapp & Associates, Inc, 2016, Custom Home for Mr. and Mrs. Swenson, 77- 210 Loma Vista, La Quinta, California, 16 Sheets; 11/28/2016) for the subject lot, and had nine (9) redline comments to be addressed by the structural engineer. On Wednesday, January 4, 2017, the redline comments referenced above were transmitted via email to Nicole Cuneo (Architect with Prest Vuksic Architects). On Tuesday, January 10, 2017, Earth Systems received revised sheets from Prest Vuksic (see attached) and reviewed them for conformance. rnnrlucinn Earth Systems comments, provided in the attachments, have been addressed, and it is our professional opinion that, from a geotechnical standpoint, the revised plans were prepared in substantial conformance with the intent of the recommendations in the referenced project soil reports. Additionally, it is our opinion that the recommendations provided in the project soils reports (see Reference Section), including updates, remain applicable to the proposed project and should be followed. Proper geotechnical observation and testing during construction is imperative to allow the geotechnical engineer the opportunity to verify assumptions made during the design process and to verify that our geotechnical recommendations have been properly interpreted and implemented during construction and is required by the 2013 California Building Code. Observation of grading and fill placement by the Geotechnical Eneineer of Record should be in conformance with Section 17 of the 2013 California Building Code. California Building Code requires full time observation by the geotechnical consultant during site grading (fill placement) January 11, 2017 2 File No.: 12124-01 Doc. No.: 17-01-705 and in accordance with the requirements of the project plans. Therefore, we recommend that Earth Systems be retained during the construction of the proposed improvements to observe compliance with the geotechnical recommendations, and to allow design changes in the event that subsurface conditions or methods of construction differ from those assumed while completing our study. Please review the limitations presented below as they are vital to the understanding of this letter. Limitations Conclusions contained in this letter are based on our previously documented field observations and subsurface explorations, laboratory tests, and our present knowledge of the proposed construction. Variations in soil or groundwater conditions could exist between and beyond the exploration points. The nature and extent of these variations may not become evident until construction. Variations in soil or groundwater may require additional studies, consultation, and possible revisions to our recommendations. If during construction, soil conditions are encountered which differ from those described, we should be notified immediately in order that a review may be made and any supplemental recommendations provided. If the scope of the proposed construction changes from that described in this report, the conclusions and recommendations contained in this report are not considered valid unless the changes are reviewed, and the conclusions of this report are modified or approved in writing by Earth Systems. Additionally, this letter should be included with the project geotechnical (soils) report and specification documents. This report is issued with the understanding that the owner or the owner's representative has the responsibility to bring the information and recommendations contained herein to the attention of the architect and engineers for the project. The recommendations presented within are predicated upon the recommendations presented in the referenced project soils reports. Information and recommendations presented in this supplement should not be extrapolated to other areas or be used for other projects without our prior review and response. If Earth Systems is not retained to provide grading observation and testing during construction, we can assume no responsibility for misinterpretation or the applicability of our recommendations. The above services can be provided in accordance with our current Fee Schedule. The geotechnical engineering firm providing tests and observations shall assume the responsibility of Geotechnical Engineer of Record. Earth Systems has striven to provide our services in accordance with generally accepted geotechnical engineering practices in this locality at this time. No warranty or guarantee express or implied is made. Please note that it is not within our scope of work to check the reviewed documents for conformance to codes or other client and government requirements. As Earth Systems does not practice architectural or structural design, we make no representation as to the accuracy of dimensions, measurements, calculations, or any portion of the design. EARTH SYSTEMS SOUTHWEST January 11, 2017 3 File No.: 12124-01 Doc. No.: 17-01-705 We appreciate the opportunity to provide our professional services. Please do not hesitate to contact our office if there are any questions or comments concerning this report or its conclusions. Respectfully Submitted, EARTH SYSTEMS SOUTHWEST No 60302 � Anthony Colarossi Project Engineer CE60302 LTR/ac/klp/mr Attachments: Final Redlines and Revised Plans Distribution: E-mail/Ms. Nicole Cuneo: nicolec@prestvuksicarchitects.com E-mail/Mr. James Bazua: iames.bazua@thealtumgroup.com 1/BD File EARTH SYSTEMS SOUTHWEST January 11, 2017 4 File No.: 12124-01 Doc. No.: 17-01-705 References: 1. Earth Systems Southwest, 2013, Geotechnical Engineering Report, Swenson Residence, 77-210 Loma Vista, The La Quinta Resort, La Quinta, Riverside County, California, dated March 26, 2013, File No.: 12124-01, Doc No.: 13-03-737. 2. Earth Systems Southwest, 2013, Grading Plan Review, Swenson Residence, 77-210 Loma Vista, The La Quinta Resort, La Quinta, Riverside County, California, dated October 23, 2013, File No.: 12124-01, Doc No.: 13-10-730. 3. Earth Systems Southwest, 2014, Infiltration Testing for Stormwater Retention Feasibility, Proposed Residence, 77-210 Loma Vista, La Quinta, Riverside County, California, dated February 11, 2014, File No.: 12124-01, Doc No.: 14-02-708. 4. Earth Systems Southwest, 201S, Plan Review and Response to City Review Comment Including Retaining Wall Evaluation and Grouted Anchor General Specifications, Swenson Residence, 77-210 Loma Vista, La Quinta, Riverside County, California, dated May 7, 2015, File No.: 12124-01, Doc No.: 1S-05-706. 5. Earth Systems Southwest, 2016, Geotechnical Engineering Plan Review, Retaining Wall with Rock Cladding, Swenson Residence, 77-210 Loma Vista, La Quinta, Riverside County, California, dated July 13, 2016, File No.: 12124-01, Doc No.: 16-07-708. 6. Earth Systems Southwest, 2016, Geotechnical Engineering Report Update, Proposed Single Family Residence, 77-210 Loma Vista, The La Quinta Resort, La Quinta, Riverside County, California, dated July 26, 2016, File No.: 12124-01, Doc No.: 16-07-713. 7. Knapp & Associates, Inc, 2016, Custom Home for Mr. and Mrs. Swenson, 77-210 Loma Vista, La Quinta, California, 16 Sheets; dated 11/28/2016. 8. Knapp & Associates, Inc, 2017, Custom Home for Mr. and Mrs. Swenson, 77-210 Loma Vista, La Quinta, California, 16 Sheets Received 01/10/2016. EARTH SYSTEMS SOUTHWEST RECORDING REQUESTED BY: EQUITY TITLE COMPANY WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: Case Swenson 62 Ellerwood Avenue Los Gatos, CA 95030 APN: 658-200-004-9 TITLE ORDER NO.: OR1258106 ESCROW NO.: 27529-004 TRA CW - 0010 DOC # 2013-0057377 02/01/2013 11:56A Fee:18.00 Page I of 2 Doc T Tax Paid Recorded in Official Records County of Riverside Larry U. Ward Assessor, County Clerk b Recorder IIIIII IIIIII! III 1111111111111111111111111 Hill 11111111 S R U PAGE SIZE DA MISC LONG RFD COPY r"I A t 465 426 COR COR SMF NCHG Fx M D (0 T02 CT-Y THIS SPACE FOR RECORDER'S USE ONLY (0 GRANT DEED C The unde-s fined Grantor(s) declare that the DOCUMENTARY TRANSFER TAX IS: g42 $ 605.00 County XX computed on the full value of the interest of property conveyed, or __computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. OR transfer is EXEMPT from tax for the following reason FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Linda L. Lewis, a Married Woman, as her sole and separate property HEREBY GRANT(S) to See Lxhiba "B" attached hereto and made a part hereof All that real property situated in the City of La Quints, County of Riverside, State of California, described as. Lot 1 of Tract 28335-R, as shown by Map Recorded in Book 259, Pages 42 and 43 of Maps. �n the office of the County Recorder of said County. Commonly Known As: T7210 Loma Vista. La Quinta. CA 92253 Dated: January 17, 2013 STATE OF CAlff COUNTY OF 1\l_4J1 On J0.r f 3013 , before me, 71_ �G Jl ACi a Notary Public personally appeared L;. r do Lu,a, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Ca)ifomia that the foregoing paragraph is true and correct. WITNESS my hand and official sea). Signe Linda L. Lewis RIA D. MEGA b M. #1978191 AK:F Public Californiaerside County 2COTOfires 14.2016+ RECEIVED CITY OF LA QUINTA MAI_ TAX STATEMENTS AS DIRECTED ABOVE Exhibit "B" Case Swenson and Lisa Swenson, Trustees of the Case Swenson Family Trus: dated January 18, 2011 as to an undivided 1/3 interest and Case B. Swenson and Lisa M. Swenson, Trustees of the Swenson 2012 Children's Trust FBO, Sloane Swenson dated December 21, 2012 as to an undivided 1/3 interest and Case B. Swenson and Lisa M. Swenson, Trustees of the Swenson 2012 Children's Trust FBO: Roark Swenson dated December 21, 2012 as to an undivided 1/3 interest. 2913-9957377 02/91/2913 It III loll Pill 111111111111111111111111 2 of 2- DUDEK +0-004 COOK STREET SUITE l PALM UESERI, CALIFOKNIA 92211 r 76o 311.066o F 26o 3.16 61 1a MEMORANDUM To: Enclave Mountain Estates HUA — Board or Directors From: Charles Greely, PE, LEED AP, QSD Subject: Swenson Residence (6) Mountain Estates Date: January 28, 2015 Please accept this memo as our formal response to your request for engineering review of the precise grading plans associated with the proposed Swenson Residence construction within The Enclave Mountain Estates located in La Quinta, California. Pursuant with you request, Dudek has reviewed the grading and utility plans (with a submittal date of 10/28/2014) associated with the residence primarily for concerns associated with drainage from the site. Dudek understands that the City of La Quinta is reviewing the plans for permitting concurrent with our review. This review in no way intended to supersede or countermand the plan review provided by the City Public Works or Building Department personnel. The following is a list of comments and/or concerns associated with the plans: 1) The drainage system is comprised of a series of area drains connected to a localized storm drain system that terminates in an underground retention system adjacent to the driveway. Though sizes and material specifications are missing from the plans (and should be added in future submittals) the system appears to consist of 4" to 12" storm drain piping with minimum slopes of 0.5%. Hydrology and hydraulic (II&H) calculations should be provided to verify that the system has adequate capacity to convey up to a 100- yr storm event into the downstream retention structure. 2) The underground retention system is comprised of a sloped 48" diameter pipe connected to a drywell to facilitate percolation. The location of the drywell is approximately P from the limits of the existing culvert pipes that convey drainage from the channel system underneath Loma Vista to the downstream drainage facilities in the La Quinta Resort. The close proximity of the proposed drywell to the existing culvert pipe causes concern for the following reasons: WWW,DUDEK.COM Memorandum Subject: Swenson Residence @ Mountain Estates a. Constructability — Can the drywell be installed while adequately protecting the existing culvert pipe from damage b. The drywell will dispose of storm water through percolation to surrounding soils. The result will be additional lateral pressure on the culvert pipe during times of percolation. The culvert pipe needs to be analyzed to verify that adequate structural capacity exists for this load case. c. Are collapsible soils present around the drywell that could cause structural damage to the culvert in the presence of percolated water? d. Has adequate geotechnical testing occurred to verify that the drywell will completely percolate within 72 hours to satisfy vector control concerns? e. The proposed underground retention system will encroach into the exiting private drainage easement. Will special permission be needed from the HOA for this encroachment? f. What maintenance protocols are (or will be) in place to ensure the system is inspected and maintained? 3) The project proposes to construct an access route from the private driveway to the drainage easement for maintenance equipment access. The proposed route requires tight turning movements that may restrict anything but small equipment from access the channel. Additionally, a 10' wide gate is proposed to restrict access to the channel. The applicant should show justification for the proposed gate and demonstrate that the turning movements will not restrict access for typical maintenance equipment (backhoe, track loader, skid steer, etc.) If a gate is proven to be justified, we recommend a rninirnum width of 15 to accommodate the full drainage easement width. 4) Based on the quantity of impermeable rock material that currently makes up the lot, we would not expect a significant increase in runoff associated with the building footprint and associated hardscape surfaces. Therefore the proposed construction should have no appreciable impact on the existing flood control channel and no increased risk of exceeding the channel capacity. Please note; this plan review is based on preliminary design documents provided by the applicant. Dudek anticipates that final design documents (precise grading, H&H study, fire department approval, CVWD approval, etc.) would be prepared and submitted to the City and HOA for final approval. 8050 D U D E K 2 Jarwary 2014 Memorandum Subject: Swenson Residence @ Mountain Estates Based on our review of the preliminary engineering plans, we recommend that the HOA Board approve the submittal subject to the review and approval of final design documents that address the items noted above. Should the Board have any questions or wish to discuss our review comments, I can be contacted at 760.601.3411 or cgreely@dudek.coni. Sincerely, Charles Greely, PE, LEED AP, QSD Senior Project Manager 8050 D U p E K 3 January 2014 EXHIBIT D S%vensonSettlenimAgmi Flnal.030415 wpd Page 10 of 12 Sculcmenl Agri) EXHIBIT E S%ecnsonSclticmcn1Agmt.Final. 030415 %vpd Page I I of 12 Sctlkment Agmt. EXHIBIT F SwensonSctdementAgmt.Flnal 030415 wpd Page 12 of 12 Settlement Agmt u� aL- L Rc,,-- i A M,-\ The Enclave Mountain Estates Homeowners Association Architectural Review Committee Ruling December 31, 2014 SENT VIA FIRST CLASS MAIL SENT VIA FIRST CLASS MAIL Case and Lisa Swenson Case and Lisa Swenson 62 Ellenwood Ave. c/o Barry Swenson Builder Los Gatos, CA 95030 777 N. 1st Street, 5th Floor San Jose, CA 95112 Re: Your Architectural Application for Proposed Development of Your Residential Lot Located at 77210 Loma Vista, La Quinta, California ("Proposed Residence") Dear Mr. and Mrs. Swenson: The Association's Architectural Review Committee ("ARC") has reviewed your Architectural Design Submittal of November 20, 2014 for the Proposed Residence ("Submittal") and provides you with the following conditional approval of your Subminal, as more particularly enumerated below: ASSOCIATION'S GOVERNING DOCUMENTS The Association's Declaration of Covenants, Conditions and Restrictions and Reservation of Easements ("CC&Rs") provide as follows: Article VIII 8. Architectural Control. 8.2 Review of Plans and Speci rcations. ... The ARC may also issue rules or guidelines setting forth procedures for the submission of plans for approval,'... The ARC shall approve plans and specifications subrnitted fov The Association's Architectural and Landscape Design Guidelines are made a port hereof and incorporated herein by this reference. AssociaDesert Resort Management, Inc. 42635 Melanie Place, Suite 103, Palm Desert, CA 92211 (760) 346-1161 ♦ (760) 346-9919 fax its approval only if it deems that the installation, construction, alterations or additions contemplated thereby in the locations indicated will not be detrimental to the appearance of the surrounding area of the Properties as a whole, that the appearance of any structure affected thereby will be in harmony with the surrounding structures, and that the installation or construction thereof will not detract from the beauty, wholesomeness and attractiveness of the Common Area and Association Maintenance Areas or the enjoyment thereof by the Members.... 8.7 Scope of Work The ARC shall review and approve, conditionally approve or disapprove all plans submitted to it for any proposed Improvement, alteration or addition, on the basis of (i) compliance with Specific Plan 121-E and all applicable provisions of this Declaration and the Rules and Regulations, (fi) compatibility with the development within the Santa Rosa Cove community in terms of architecture, mass, height and bulk of structures and landscape design, (iii) consistency of the building architecture, building materials and colors with the design theme of the Santa Rosa Cove community, and (iv) aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and the Properties generally. The ARC shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color schemes, exterior -finishes and materials and similar features. The ARC's approval or disapproval shall be based solely on the considerations set forth in this Article VIII .... The Architectural Committee may consider the impact of views from other Dwelling Units or Lots and reasonable privacy right claims as factors in reviewing, approving or disapproving any proposed landscaping, construction or other Improvement. RULING ■ The ARC, in reliance on the recommendations of the consulting architects (Bradley C. Hammerstrom of the Diehl Group Architects, Inc.), hereby CONDITIONALLY APPROVES the Submittal provided, however, that the items listed below require further information, plans and/or revisions and will need to be submitted / resubmitted prior to the commencement of any construction; Drainage — The overall drainage from the hillside lot is still of a concern. How will the on -site drainage flow'? Where will it flow? Will there be a percolation trench? What modeling of the proposed drainage plans have occurred since the August 2013 and September 2014 rain storms? Receipt of confirmation that the proposed drainage plans are sufficient to handle any run off and erosion from similar rain storm events, without further taxation of the existing Flood Control Channel. Further drainage plans and how drainage will impact the community and the Association's reeds to be provided. DRAINAGE IS NOT APPROVED. AssociaDesert Resort Management, Inc. 42635 Melanie Place, Suite 103, Palm Desert, CA 92211 (760) 346-1161 ♦ (760) 346-9919 fax 2. Applicant to be responsible for and/or indemnify the Association or its members for the maintenance and inspection. costs associated with any approved drainage system on Applicant's lot as well as, any modifications, if required, of the existing Flood Control Channel (Applicant's Drainage System). Applicants shall be solely responsible for and shall indemnify the Association for any costs of any maintenance, ,inspection and/or cleanup of any rain run off and/or mud or sediment erosion that may flow from Applicant's lot/Drainage System onto the Association Common Areas, including streets, or any neighboring properties. Applicants agree to follow the maintenance and inspection obligations as set forth in Paragraph 9.2 of the Association's CC&Rs as they apply to Applicant's Drainage System. Applicants to provide to the Association's BOD annual certificates confirming completion of the required maintenance and inspections, including certification by a licensed civil engineer as required in 9.2 as to Applicant's Drainage System. 3. Driveway Wall —Insufficient information provided. NOT APPROVED. 4. Rock Fall Hazard — Note page C.0.2 of the submitted plans has a note that states "rock fall hazard note" and that insufficient information has been provided NOT APPROVED. i. Grading: Not approved without submission of Final Grading Plans and proof of compliance with the recommendations of Earth Systems Southwests' Geotechnical Engineering Report, dated March 26, 2013. Applicants further agree, at their sole cost, to allow Mr. Hammerstrom or his (HOA's) designated representative notice of and access to all site clearing, grading, soil compaction and bedrock cuts and shall be provided access to all geotechnical observations ,analysis and testing. 6. Landscape — final landscape plans must be submitted for review / approval. 7. Schedule — in light of the CONDITIONAL APPROVAL and the further in formation/submission requested herein, the Construction Schedule is NOT APPROVED. i. VARIANCES — Applicants and their Architectural consultant represents that no variances are sought. To the extent there are any variances required which must be approved by the Board of Directors, it is hereby requested that the Swensons and their architects, Prest-Vuksic, and the Association's architect, Bradley Hammerstrom of Diehl Group Architects, Inc. get together to review the 7 page May 16, 2014 letter from Brad Hammerstrom which references approximately 10 possible variances to determine if actual variances for any of those items will be required and report back to the Architectural Committee for further determination. Any variances must be approved by the Board of Directors. A copy of said letter is attached hereto and made a part hereof by this reference. t. Applicants to submit written confirmation that the remedial measures set forth in Mr. Vuksic's letter dated July, 8, 2014 addressed to the Members of the Architectural Committee are included and incorporated in the present Submittal. 3 AssociaDesert Resort Management, Inc. 42635 Melanie Place, Suite 103, Palm Desert, CA 92211 (760) 346-1161 ♦ (760) 346-9918 fax 10. Applicant shall post a completion bond in an amount to be negotiated with the Architectural Committee to ensure completion of the Applicant's Drainage System in the event the Applicants are unable to complete Applicant's Drainage System for any reason after the commencement of construction. 11. Applicant to execute an Architectural Improvement Agreement to be recorded against Applicant's Lot to incorporate the conditions contained herein as well as a Type 1 indemnity/insurance requirements for the benefit of (he Assoc iation/BODs/Managing Agent and a deposit requirement equal to the projected amount of architectural/engineering fees that the Association may/will incur to review additional plans and assure completion consistent wi'li the plans submitted and to be submitted to the Association for approval Architectural Review Committee THE ENCLAVE MOUNTAIN ESTATES HOMEOWNERS ASSOCIATION AssociaDesert Resort Management, Inc. 4 42635 Melanie Place, Suite 103, Palm Desert, CA 92211 (760) 346-1161 0 (760) 346-9918 fax • Irrigation systems are to be kept in proper working condition to avoid unnecessary loss of water. Owners shall be responsible for adjusting, repairing, and cleaning such systems on a regular basis. • The irrigation system shall be designed and be checked regularly to ensure that water from emitters or spray heads is not spraying onto walks, or driveways, or off the owner's property causing excessive water loss, staining or irrigating areas not designed to receive water. 7. Modifications to the Landscape. • Any modifications to the landscape, visible to the public, or adjacent properties shall require approval by the ARC prior to the modifications being made. D. CONSTRUCTION STANDARDS. 1. Owner/Contractor Responsibilities. • Each Homesite Owner and their general contractor will hold both the developer and the homeowners association harmless from actions of the owner, general contractor, subcontractors, suppliers or any other person connected with the construction of the home. A general liability insurance policy from the owner and/or the. general contractor naming both the developer and the homeowners association as additional insured must be received prior to final approval of working drawings. • Each Owner is responsible for hiring contractors and subcontractors licensed in California. • The Owner is responsible for making certain that all construction personnel are familiar with and obey the rules governing their activities. • Each general contractor or superintendent is responsible for familiarizing their employees, subcontractors and suppliers with all relevant construction requirements and provisions in these design guidelines, and enforcing them. Each general contractor or superintendent is responsible for controlling employee work hours,- and controlling any activities of employees that may be deemed as an annoyance or nuisance to other homeowners. • Each general contractor or superintendent is responsible for providing Security personnel with an up to date listing Revised 5/6/99 25 of names and telephone numbers of all employees, subcontractors .and suppliers that shall have access to the construction site. The Owner and/or general contractor or superintendent is required to construct the Residence and surrounding Improvements according to the plans, specifications and revisions approved in writing by the ARC. The use of property adjacent to homesites under construction for vehicular access purposes, parking or material storage will not be permitted without the written consent of the adjacent homesite owner. The written permission must be on file with the ARC prior to use of the adjacent property. All adjacent property must be returned to its original condition at the end of construction. 2. Temporary Construction Facilities • A temporary water riser together with 150' (minimum) of 3/4" heady -duty rubber water hose irrigation facilities for dust control and a hose stand shall be provided and installed. -� • A metered power outlet shall be provided and installed in accordance with the requirements of Imperial Irrigation, the City of La Quinta, and the ARC. No signage is permitted on the temporary power poles. Pole shall be painted a gray or tan color. • A temporary portable toilet in good condition shall be provided with a bi-weekly chemical maintenance program. These units shall be maintained in a clean, sanitary and odorless condition. Toilet facilities shall be located in such a manner as not to infringe on neighboring homesite owners and shall be placed so the entrance faces toward the house, away from the street. Color shall be gray or tan. • It is the responsibility of the contractor to ensure there is no drainage onto adjoining property during construction. • A minimum three (3) yard steel roll -off dumpster shall be maintained on the homesite in clean exterior condition and free of graffiti for the duration of the construction phase for adequate containment of all construction waste. A bi- weekly dumping service shall be maintained so that overflow and unpleasant odors do not occur. Color shall be gray or tan. Revised 5/6/99 26 • Construction Trailers are prohibited. 3. Speed Limit. • The speed limit is 25 miles per hour. 4. Site Signage, • No signs other than an approved builder and site address sign located on the plan box or standard ARC homesite identification signs will be permitted. on homesites under construction. 5. ARC and Association Access to Homesite. • Representatives of the ARC and the Association shall have full access the Homesite and buildings while under construction. • In progress building review inspections will be required during construction to assure compliance to the approved plans. It is the builders responsibility to notify the Mountain Enclave's management association representative of builder's readiness for each inspection. Each of the following 4 inspections must be scheduled 10 working days in advance of necessary inspection: lst Inspection — When forms are up and prior to the pouring of the foundation. 2Id Inspection — Framing Inspection to verify conformance with submitted plans. 3rd Inspection — Landscape Inspection to verify conformance with submitted plans. 4th Inspection —Final Inspection If any irregularities are found, the work must be revised to conform. All homeowners and builders must sign attached "Inspection Form". 6. Site Conduct and Safety Precautions. The general contractor, job superintendent, and their employees, subcontractors and suppliers shall: • Comply with all of the construction provisions established in these Design Guidelines and the Declaration. • Not consume alcoholic beverages. • Playing of Radios, compact disc players and tape decks are prohibited. • Not damage or disturb the work of others Revised 516199 27 Take all necessary precautions for the safety of all persons, materials, and equipment on or adjacent to the site. Furnish, erect and maintain approved barriers, lights, signs and other safeguards to give adequate warning to everyone on or near the site of dangerous conditions during the work. Not disturb the residents or guests of the community. No children, guests or pets are allowed on the job site. 7. Site Mainteriance, The general contractor, job superintendent, and their employees, subcontractors and suppliers shall: • Maintain the site in a neat, and clean condition, neatly stockpile all materials delivered for or generated by, the work and immediately remove any waste material or debris generated by the work on a continual daily basis. • Contain all blowable trash and bottles, cans and lunch debris. • Remove all equipment, materials, supplies and temporary structure when any phase of the work is complete, leaving the area neat and clean. Equipment not in daily use must be removed from the job site and adjacent homesite if. used. "Equipment may not remain stored or parked over the weekend". Keep the streets, gutters anc free of dirt, trash, debris or caused by the work and clean Maintain dust control on the utilized. adjacent property clean and other material related to or up all street spills. site and adjacent homesite if • Blocking of mailboxes from normal mail delivery is prohibited. • Parking is prohibited if front of existing homes. 8. Disposal of Site Spoils. • Any spoils generated from the site grading must be placed on the Homesite. No material may be placed on the street, golf course, common areas or adjacent homesites. • Storage of spoils on adjacent property will not be permitted without the written permission of the adjacent homesite Owner. �. Revised 5/6/99 28 9. Comtruction Hours. Cor,struction' hours shall be limited to: • October 1- April 30 Monday through Friday • 7:00 a.m. - 5:30 p.m. • MAY-1--thyQugh September 30 Monday through Friday . 6:00 a.m. - 7:00 p.m. No construction -related activities shall be permitted during Saturdays, Sundays or official holidays. Revised 5/6/99 29 Enclave Mountain Estates ALA Proposed Swanson Home - 4ih Submittal Preliminary Checklist of CCR and Design Guidelines May 16,2014 VlNi GROUP ltCHlrrcrs Purpose and Process The pupose of this report is to advise the Archllecutral Review Commilee of the Enclave Mountain Estates regardngthe proposed Swenson home project. The Intent of this report Is to review the proposed project against the Governing Documents (CC&R and Architecture and Landscape Design Guidelines). Relevant Sections from each have been excerpted here for ,elewxe. My judgement regarding whether or not the proposed project compiles with each excerpted Section Is provided, along 41 my comments. It should be noted that the proposed project has unique characteristics that set it apart from any other lot in the community: ► The lot Is combined of two lots, each of which Is much larger than any other single lot in the Mountain Estates ► The lot is undeveloped, yet partly disturbed, and not fine -graded, unlike any other lot in the Mountain Estates ► The lot contains areas of nativo, untouched land and landscape, unlike any other lot In the Mountain Estates >D The lot Is the only lot in the Mountain Estates located on the "far side" of the storm channei. ► The proposed home Is elevated roughly two stories above all other homes. ► The lot does not have the typical front yard, side yards, rear yard setup like all other homes. ► The proposed home faces the rear yards of six homes, like no other home In the Mountain Estates It should also be noted that the Architecture and Landscape Design Guidelines were last revised 5/6199, which post-dates the anexallon of the Swenson lots to the Mountain Estates In 6/14/93. In the chart below, I have provided a quick means to check the compliance, or not, of the various Sections cited. Some Sections are advisory In nature, rather than prescriptive, and are Included due to their relevance to the Swenson project. Those Sections have no relevant Comply response so 'n/a" is shown. Where additional information or conlirmation Is needed a'moro into" or "Yes, Conditionally" response Is entered. Blue highlights Indicate my emphasis added. Respectfully, Bradley C. Hammerstrom AIA Comolfes? Governing Document Sectlen ExceM Hammerslrorn Commerce CCR Article VIII Archlterlural Cnntrnl Yes Yes, conditionally 8A Members of Com ' '?he ARC shag have the right and duty to The design of the home itself "conforms'to the design and promulgate reasonable standards against which to materials of olherbuildings in the projed,which Is quite examine any request made pursuant to the Article, diverse. The oast stone walls are Intended to "conform In order to ensure that the proposed plans conform harmoniouslyr' to the surrounding hills. 0.3a sloe note. I harmoniously to the exterior design and existing would point -out that the Mountain Eslateslske, waterfall, materials of the buildings in the Properties! round non -granite boulders do not, In myopinlon,'conform harmoniously" with the existing materials. 8.2 w Of Plans ang b5gggificatiging "The ARC shall approve plans ... only if It deems that Some homeowners certainly feel the project will be the (project) will not be detrimental to the "detrimental to the appearance of the surrounding area", appearance of the surrounding area of the I.e. their back yard views. The Common Area Is not Properties as a whole, that the appearance of any affected, except visually, It could be argued. It the cast structure affected thereby will be in harmony with stone is done convincingly, then I believe imi not be the surrounding structures, and that the Installation "detrimental". or construction thereof will not detract from the beauty, wholesomeness and attractiveness of the Common Area and Association Maintenance Areas or the enjoyment thereof by the Members..." Diehl Group Architects, inc. -PRELIMINARY- Page 1 of 7 Enclave Mountain Estates Proposed Swenson Home - 4th Submittal Preliminary Checklist of CCR and Design Guidelines May 16, 2014 Complles7 Governing Document Section Exorpj rJa mora Info more Info Na Na Na nfa A L� e IINL 6 It V1 i1C% 11 It fS u.. n "Decisions of the ARC and the reasons therefor Advisory re: time limit to respond shall be transmitted by the ARC to the applicant... within forty-five (45) days after receipt by the ARC of all materials required by the ARC." 8.7 a of Bgvigw v "The ARC shall review and approve, conditionally (1) 1 am not familiar with "Specific Plan 121•E". approve or disapprove all plans submitted ... on the (11) The design of the home Itself Is corn ilNe in terms of basis of: "architecture, mass, height and bulk". (1) compliance with Specific Plan 121-E and all (III) The project uses consistent materials and colors. applicable provision of this Declaration and the (Iv) This Item Is subjective. Rules and Regulations, (it) compatibility with the development within the Santa Rosa Cove community in terms of architecture, mass, height and bulk of the constructions and landscape design, (III) consistency of the building architecture, building materials and colors with the design theme of the Santa Rosa Cove community, and (iv) aesthetic considerations and the overall benefit or detriment which could result to the immediate vicinity and the Properties generally." "The ARC shall take Into consideration the aesthetic This Is under consideration still, with the only remaining aspects of the architectural designs, placement of issues being, perhaps, the "placement'oiThe building on buildings, landscaping, color schemes, exterior the east side and the look of the cast sue with regard to finishes and materials and similar features." "aesthetic aspects". "The ARC's approval or disapproval shall be based Advisory: ARC does not grant building penits solely on the considerations set forth in this Article Vlll, and the ARC shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safely or conformance with building or other codes." "The Architectural Committee may consider the Advisory to: view Impacts Impact of view from other Dwelling Units or Lots and reasonable privacy right claims as factors In reviewing, approving or disapproving any proposed landscaping, conslructlon or other improvement." "However, Declarant does not warrant any protected Advisory re. view Impacts views within the Properties, and no Dwelling Unit or Lot Is guaranteed the existence or unobstructed conllnuaUon of any particular view." 8.8 variance "The ARC may authorize variances from compliance Gives the ARC power to grant varlances,ahlch, given the with any of the architectural provisions of this many unique characteristics of the Swermn lot, may be Declaration, Inciuding without limitation, restrictions justiffed for some provisions. upon height, size, floor area or placement of structures, or similar restricUon, when circumstances such as topography, natural obstruction, hardship, aesthetic or environmental consideration may require." Diehl Group Architects, Inc. -PRELIMINARY- Page 2 of 7 enclave Mountain Estates Proposed Swenson Home - 4th Submittal Preliminary Checklist of CCR and Design Guidelines May 16, 2014 Compiles? Ggverntnq Document Section Excerpt Hemmerstrom CommelTte Article X Use RQ frictions We Yes Yes Yes Yes No Yes 6!!Nl C A 4 It I I C M I T E C TS 10.3 uis nc "No horns, whistles, bells, or other sound devices, The outdoor TV might be considered an "ether sound except security devices used exclusively to protect device" and be disallowed. the security of a Dwelling Unit and its contents, shall be placed or used on any Lot." 10.10 OutsUg In3taltations "No fence or wait shall be erected, altered or Advisory: walls and fences are in ARC'spurview. maintained on any Lot on the Properties, except with the prior approval of the ARC' 10.15 View Ob Ir c lon "...each Owner, by accepting title to a Lot, hereby ARC has no duty to preserve anyone'sviews. acknowledges that: (a) there are no protected views within the Properties, and no Lot Is assured the existence or unobstructed continuation of any particular view, and (b) any construction, landscaping or Installation of Improvements by Declarant or other Owners may impair the view from any Lot, and the Owners hereby consent to such view Impairment.' "No other Improvement or obstruction shall be The project does not "unreasonably obslrwr the view from constructed, planted or maintained upon any Lot In anyone's tot. such location or of such height as to unreasonably obstruct the view from any other Lot In the vicinity thereof." 10.18 Constructlon gj a Qwellinci "No Dwelling Unit or other structures (other than The pad appears to not have been "graded by Delcarant", chimneys) may exceed a height of twenty-two (22) so this provision Is, strictly, not appllcab:e;however, the feet above the finished pad as graded by Intent Is followed In that the Owebing 1.10-Including the Declarant' chimne -• s; less than 2211 high. "All mechanical equipment (including without AC equipment is hidden on garage roof, Pool equipment is limitation pool heaters and motors and air conditions in underground vault. units, wherever located, must be hidden from view from all Lots, Common Area, streets and the golf course adjacent to the Properties" "The front yard landscaping on each Lot shall Strictly speaking, the project has no "Iwrdyard",but contain not less than two (2) lights. Such lights: perhaps the yard areas between the relift walls and the (i) shall contain a maximum of one hundred lihy storm channel could be considered the Nont yard`. Those (150) watts, areas have no lighting planned. Assumirg the intent of this (II) shall not cause any glare on any adioining provision is to require lighting In the pub'bty visible yard of property or streets, a home, then the project's entire yard arei should follow (iii) must be controlled by a photocell, these requirements. I believe, however, thal the consensus (Iv) may not be oolored, but may be incandescent or of adjoin ng neighbors would prefer no hNing In these fluorescent, and areas. A variance should be considered to; this provision. (v) may not be mounted on the Dwelling Unit or any walls osls or poles." Architectural and Landscape Daslan Guidelines I. Phi "...a small group of unique homesites.... Their lReasonebte differences of opinion are possible on this, but uniqueness requires a sensitive and respectful in my opinion the project meals this goal. Integration ... with the natural environment." Diehl Group Architects, Inc. -PRELIMINARY- Page 3 of 7 Enclave Mountain Estates Proposed Swenson Home - 4th Submittal Preliminary Checklist of CCR and Design Guidelines May 16, 2014 Compiles? Governing Docurrignt Section.Excer t Yes Yes Yes n/a Na rVA rda "The intent...is to encourage and cultivate quality deslgh... while still allowing an Individual expression..." it IIH IOIJN V1I 11 II MIUS The project meets this goal, In my opinim "A principle concern Is the preservation and creation Certainly the project will create much rnorevalue on the of value." Swenson lot being developed, as compared to Its current stele. Reasonable differences of opinbnare possible regarding the "preservation" of value of the lot and of the entire neighborhood. In my opinion, the x1lihborhood's value would not be diminished by this proecl; but Improved, by virtue of one less vacant bt, poorly graded and disturbed, "The character of the architectural design should be The project meets this goal, in my opiniut expressive of the desert environment. Colors and materials should be composed of tones and shapes responding to the adjacent Improved and natural environment." --- U La IV JrjioO VU Cltl lllltl5 A. Design RavlAw Prnrorilrrwc 1.DeMan R vl P "The ARC...may require that changes be made to Advisory: These guidellnes are not exhaustive. The ARC comply with the (Governing Documents] and such may use It's discretion and has broad purrs. additional requirements as the ARC may, in it`s discretion, Impose as to structural features of any proposed Improvement, the type of material used, or other features or characteristics thereof not expressly covered by any provisions of this document, Including the siting or location of any proposed Improvement with respect to the topography and finished ground elevations:' 7. "Approval... by the ARC does not waive the Advisory: ARC does not grant building pamrits necessity of obtaining the required city and any other public agency ermits and approvals.' "Any... approval as given by the ARC refers only to Advisory: ARC does not review for Codes Engineering or its conformity with these Design Guidelines, the Safety. Declaration and such other rules as may be promulgated by the ARC. The ARC ... makes no representations with respect to plan conformance with governmental codes, engineering or structural design ... or design for structural safety and conformance with building or other codes." 2. Pad Eleva "Each homesite has a finished grade elevation as It appears the project does not have a City approved pad approved by the Cily of La Quints, No fill material elevaticn--or a level `pad' at all. The Swenson lot Is unique may be placed on the lot to raise the approved pad In that the lot Is raw except for some vegvude grading. elevation." The Intent of this provision, in my opinkA Is to maintain all pads at their originally designed elevalbn.Strictly speaking the Swenson lot has no originally designed pad elevation, so this provision does not apply. In myopiiion this provision is not meant to address the useof fill, per se. Diehl Group Architects, Inc. -PRELIMINARY. Page 4 of 7 Enclave Mountain Estates Proposed Swenson Home - 4th Submittal Preliminary Checklist of CCR and Design Guidelines May 16, 2014 Complies? Governln Do umen S action Excer t Yes No Yes No No A Yes Yes, condatonarly No No Yes ®LEA ertu cIourttcirrttcrs 3. o oot H I lmlt i ..�,�Mlull a "The highest point of the roof structure must not The highest portion of the roof Is 20'-3'. Wctly speaking exceed twenty-two (22) feet from the approved pad the lot appears to have no "approved pad elevation", but elevation." the Intent of this orovislon Is met. 6. garden Wall i m 1 A. General: 'AII homeslte owners are required to construct A variance should be considered for thfspmvision, since garden walls where their property adjoins another.' the lot is unique —it adjoins the propenybes of lots 16-21. The property line is along the top of the storm channel retaining wall. It Is unreasonable, Imprac'kal and, I believe, undesirable for these owners to have a Voot garden wall atop their storm channel retaining wall. "No wall will be permitted along rear properly lines The project conforms with this provislort, although defining without ARC approval. Homesltes one (1) - five (5) the 'fear property line" far the Swenson is difficult. No are excluded." property line "garden walls" are proposed,A retaining wall Is proposed along the first 144-feet of lheleft aide of the driveway, of up. 8. Waif Hel ht and Finish: "Six (6) toot high masonry block walls must be A variance should be considered for INaprovislon, since provided along common residential properly lines to the lot Is unique --it adjoins the rear properly tines of lots 16- enclose side yards." 21 and adjoins no side yards. The Swerson's "side yard' Is difficult to define. "Walls must extend from the front of the residence A variance should be considered for lhlsptavlsion, since to the rear property setback tine." the lot Is unique --the rear property setback line is 110 h behind the garage, up the steep mountatiwhoro nobody, I believe wants anything built. "All garden walls shall be masonry and at least six This provision does not apply since no'ouden walls" are (6) Inches thick and appropriately finished to match proposed or required (if a variance is grail.ed). or compliment the exterior of the house." C. Garden Gates "Shall be substantially constructed .... Side yard The projects meets this provision. gates and gates to service areas must be of a solid composition to visually screen such areas." 7. Area5 and Uffilly entrance L II "Electric meters and panels, gas meters, sub- This level of detail Is not provided in the rielerials provided. panels, telephone and televlslon entrance panels, The design team should be made aware of this and similar Items must be out of sight when viewed requirement and future Inspections sli enforce this. from the golf course, street or adjacent homesites." 8. Residgatial Ex1priors B. Materials/Colors: "All exterior materials shall be authentic and It could be reasonably argued that the proposed cast stone genuine." is simulated, not "authentic and genulne'. But, I think the consensus of all -concerned is to conceal the required relarriing walls with simulated stone. A variance for thls provision should be considered If this isihe case. C. Roofs "The slope of all pitched roots shall be no flatter The plans show the main metal tool Is sipped at 314:12, In than 3:12 ratio," apparent violation of this provision. I do not understand the Intent of this provision. Given the elevated lot the rooftop is not visible In any of the pholoslms provf*. A variance should be considered for this provision. "Roof-mot,nted mechanical equipment shall not be Sheet metal shrouds surround rooftop equ'pmenl on the visible from adjacent properties or public areas.' garage. This provision Is met. Diehl Group Architects, Inc. -PRELIMINARY- Page 5 of 7 Enclave Mountain Estates Proposed Swenson Home - 41h Submittal Preliminary Checklist of CCR and Design Guidelines May 16, 2014 Colpolles7 Governing Document Section Exr Yes. cendiuonaNy Yes Yes No Yes Yes Yes, condnronmy Yes Yes No No ALAAC E. Roof Gutters: "Roof gutters shall be constructed Into the root The plans show no gutter at the main rneW roof, which has structure with downspouts being run within the a slightly curved eave when viewed In planvlew. Olher roof walls. Exposed gutters, downspouts, or scuppers areas have concealed downspouts. If guaers are provided are not acceptable:" on the metal roofs, they should be concealed. L. Driveways: "All drives shall be brick, stone, concrete pavers, or Pavers are shown on the plans. concrete either stamped, salt finish or punctuated by the masonry used on the buildings. Asphalt driveways will not be approved." 11. E r i "Exterior lighting shall be low scale and directed Proposed lights In soffits are deeply recessed. downward, recessed, or shielded so that the light source Is not visible or obnoxious..." 1. er I uldel' "Any portion of the homeslte not used for buildings, A variance should be considered for thisprovislon, since patios, driveways, or sidewalks shall be landscaped the lot is unique --much of the lot area Isoanned to be left in accordance with these guidelines and shall be undisturbed. Irrigation and landscaping is not desired provided with an automatic Irdgallon system." except where screening landscaping is fanned to shield the views from adjoining lots. Some adjonktg homeowners would prefer no landscaping In the undhturbed areas. 2. Exposed rock surfaces shall be treated with an The lot Is unique In that the majority of stela "exposed approved 'desert varnish' (also called an oxldizing or rock surfaeas" planned to remain undislwbed. Where any aging agent) such as Eonite or Permeon. Tills "grey" disturbed rock surfaces remain arer grading and process restores the natural desert coloration to landscaping (whether pre-existing or nev*created), this disturbed surfaces. The color shall match as nearly provision should be followed. as possible tho color of the surrounding rocks/mountains." 4. Icthtlno. "Any landscape lighting utilized shall be shielded to No landscape lighting is proposed In the'bndisturbed prevent nuisance glare onto adjacent properties or areas' outside of the retaining walls. Drhleway lights and the golf course." others shown on sheet L3.0 Lighting Plan are shielded. The project meets this provision. "Lighting shall be automated and controlled by a The plans do not contain this level of detail, but the design timer Inside the house or photo -cell electric sysiem, team should be made aware of this requ'rement and future and shall be active at all lime, Including those Inspections should verify. Periods when the house is not occupied." "All outdoor fixtures shall utilize Incandescent or The project meets this provision. florescent lamps. No lens, which Is colored, shall be permitted.* "Walk lights may be used along walkways and The project meets this provision. driveways and shall prolect downward only." "Fixtures shall not exceed lifteen (15) inches In Sheet L3.0 Lighting Plan shows "path lighla' as Vista height.' model 2128 at 17-inches tali, In violation of this provision. 6. Maintenance. "The homeowner shall maintain all plantings In a A variance should be considered for INS Provision, since healthy growing condition." the lot Is unlque--much of the lot area Is planned to be left undisturbed. Irrigation and landscaping is not desired except where screening landscaping Is panned to shield the views from adloinlrip lots. Diehl Group Architects, Inc.-PREL1MiNARY- Page 6 of 7 Enclave Mountain Estates Proposed Swenson Home - 41h Submittal Preliminary Checklist of CCR and Design Guidelines May 16. 2014 Complies9 22Yjr&g Documei+t Section EXCerpt NO "Dead and dying plants shall be removed and replaced promptly." Ne Wit n/a ENO Gons,rurtinn Standa ALL 01INk c RO Of I k C N r It[ is variance should be considered for 1Nsprovlslon, since a lot is unique —much of the lot area Isplanned to be left rdisturbed. Irrigation and landscaping ls not desired ;cept where screening landscaping Ispfamed to shield 5. nj A ,,UUi;igljRn Acgem site "In -progress building review Inspections will be Advisory required during construction to assure compliance to the approved tans." 'Each of the following 4 inspection must be Advisory scheduled... 1st Inspection - When forms are up and prior to the pouring of the foundation. 2nd Inspection - Framing inspection to verity conformance with submitted plans. 3rd Inspection - Landscape Inspection to verify conformance with submitted plans. 4th Ins ectIon - Final Inspection." "If any Irregularities are found, the work must be Advisory revised to conform. All homeowners and builders must sign attached "Inspection Form"." Diehl Group Architects, Inc. -PRELIMINARY- Page 7 of 7 EXHIBIT C SwensoriSel lementAgmt F1na103041i% pd Page 9 of 12 Settlement Agmt.