2012 03 21 DHCity of La Quinta
Director's Hearing Agendas are now
available on the City's Web Page
www.la-guinta.org
DIRECTOR'S HEARING
AGENDA
A Meeting to be Held at the
La Quinta City Hall. — Study Session Room
78-495 Calle Tampico, La Quinta, California
MARCH 21, 2012
2:00 P.M.
BUSINESS ITEM:
A. Item ................... TENTATIVE PARCEL MAP 36433
Applicant........... Eden Rock RPW, LLC
Location............ Within the Original PGA West Specific Plan Area; NorthSide
of PGA Boulevard, Bounded by the Palmer Private
Clubhouse on the West and the Tournament Clubhouse on
the East.
Request ............. Consideration of the Subdivision of 41.95 Acres Comprising
the Approved Eden Rock Project Area, into Four (4) Parcels
for Financing Purposes.
DECLARATION OF POSTING
I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the
foregoing Agenda for the Director's Hearing of Wednesday, March 21, 2012, was posted on
the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at
the La Quinta Cove Post Office, 51-321 Avenida Bermudas, on Thursday, March 15, 2012.
DATED: March 15, 2012
ZROILYWALKER, Executive Secretary
City of La Quinta, California
STAFF REPORT
DIRECTORS HEARING
DATE: MARCH 21, 2012
CASE NO.: TENTATIVE PARCEL MAP 36433
APPLICANT: EDEN ROCK RPW, LLC
OWNER: EDEN ROCK RPW, LLC
ENGINEER: MDS CONSULTING
LOCATION: WITHIN THE ORIGINAL PGA WEST SPECIFIC PLAN
AREA; NORTH SIDE OF PGA BOULEVARD, BOUNDED BY
THE PALMER PRIVATE CLUBHOUSE ON THE WEST AND
THE TOURNAMENT CLUBHOUSE ON THE EAST
REQUEST: SUBDIVIDE 41.95 ACRES COPRISING THE APPROVED
EDEN ROCK PROJECT AREA, INTO FOUR (4) PARCELS
FOR FINANCING PURPOSES
CEQA REVIEW: THE LA QUINTA PLANNING DEPARTMENT HAS
DETERMINED THAT THIS REQUEST IS CATEGORICALLY
EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), PURSUANT
TO ARTICLE 19, SECTION 15315 (CLASS 15, MINOR
LAND DIVISIONS), CEQA GUIDELINES AS AMENDED
(RESOLUTION 83-63).
GENERAL PLAN
DESIGNATION: RMU (RESORT MIXED USE)
ZONING: TC/RSP (TOURIST COMMERCIAL/RESIDENTIAL SPECIFIC
PLAN)
BACKGROUND:
The subject property is located within the PGA West development, generally
along the north side of PGA Boulevard, between the Palmer Private and
Tournament course clubhouses (Attachment 1). The property currently
consists of one 41.95 acre parcel, which is vacant but is used for various
activities, such as temporary clubhouse and tournament parking. The site is.
currently under construction, related to the perimeter wall for the approved
Eden Rock project.. Eden Rock was approved in April 2008, for 264
condo minium/townhome units. The approval included applications for a
development agreement, general plan and specific plan amendments, zone
change, tentative tract map and site development permit. To date, the site
development permit has been granted 2 annual extensions.
PROPASOL-
The applicant is proposing to subdivide the 41.95 acre site into four (4)
parcels, intended for financing purposes, ranging in size from 1.35 acres to
16.24 acres (Attachment 2). The parcels relate to the development approval
as follows:
• Parcel 1 — 12.18 acres, corresponding to the approved Village unit
product.
• Parcel 2 16,24 acres, corresponding to the approved Manor and a
portion of the Courtyard unit products;
• Parcel 3 — 12.18 acres, corresponding to the a majority portion of the
approved Courtyard unit product; and,
• Parcel 4 — 1.35 acres, corresponding to a small portion of the
Courtyard unit product.
The applicant has indicated that Parcel 4 may be sold to the controlling
interests at PGA West, for development as additional parking for the
Tournament clubhouse and related golf events held there. This use is not
permissible under the existing approvals and the applicant has been advised
that a fairly significant amendment process would be necessary to
accomplish this. Tentative Tract Map 33226 (Attachment 3) was approved
on April 15, 2008 for this site, to implement the land use and development
approval for SDP 2006-852 (Attachment 4).
ANALYSIS:
1. The applicant has stated that the proposed map is intended to establish
parcels for the purpose of financing related to project implementation.
However, the applicant has also indicated that Parcel 4 may be sold to
PGA West ownership, to establish an adjunct parking area for their
Tournament Clubhouse. As this is a use not provided for in the current
specific plan or the underlying approvals, it cannot be done without
amendments to those approvals. Development of Parcel 4 can only be
accomplished based on the currently approved land use scenario, and
approval of this parcel map would not alter that. Based on consult with
the City Attorney, approval of this parcel map does not invalidate the
underlying tentative tract approval; either one can be recorded over the
other, depending on the applicant/owner intent. Regardless, staff has
included a condition to clearly reiterate that no development in conflict
with the underlying site approvals can be undertaken (Condition 32).
2. Staff initially had concern, based on the above consideration, that
approval of this map application could compromise the existing approvals
(specifically the underlying Tentative Tract Map), and allow the applicant
to somehow develop the property under the less restrictive requirements
of a parcel map. After consultation with the City Attorney and further
internal discussion, staff concluded that a verbatim incorporation of the
current approval conditions into this parcel map was not necessary, as
the current land use approvals effectively limit this parcel map to the
division of land, which must be consistent with those approvals. In
addition, the amended Specific Plan in effect, being the controlling land
use document, would need to be amended, which would either trigger the
requirement to amend the existing approvals, or invalidate the existing
approvals, making it necessary to file new applications. To address this
concern, Condition 4 was incorporated from the existing approvals, along
with the provision of Condition 32, as referenced in Item 1.
Public Notice
This application was advertised in the Desert, Sun newspaper on March 9,
2012. All property owners within 500 feet of the site were mailed a copy of
the public hearing notice as required by the Subdivision Ordinance of the La
Quinta Municipal Code. In addition, all properties within the original
boundaries of PGA West were notified, based on past procedures for
noticing the existing approvals for the site. As of this report draft, staff has
received one verbal inquiry on the notice from Mr. Howard Culver. Mr.
Culver has been very diligent in monitoring the progress and activities
associated with the Eden Rock project since its original approval. Staff has
responded to Mr. Culver's questions/concerns, and is confident that they
have been addressed.
Public Agency Review
All written comments received are on file with the Planning Department. All
applicable agency comments received (Fire, Public Works only respondents)
have been made part of the Conditions of Approval for this case, as
applicable.
APPROVAL FINDINGS:
A Statement of Mandatory Findings of Approval necessary to approve this
request have been prepared, and are included as part of the attached
Conditions of Approval.
Approve Tentative Parcel Map 36433, subject to the attached Findings and
Conditions of Approval.
Prepared by:
Wallace Nesbit, Principal Planner
Attachments:
1. Vicinity Map
2. TPM 36433 map exhibit
3. Approved Tentative Map 33226 exhibit
4. Approved Site Plan exhibit
CONDITIONS OF APPROVAL - DRAFT
TENTATIVE PARCEL MAP 36433
EDEN ROCK RPW, LLC
MARCH 21, 2012
STATEMENT OF MANDATORY FINDINGS OF APPROVAL:
1. General/Specific Plan Consistency _The proposed Tentative Parcel Map 36433 and
its design is consistent with the Residential Mixed Use General Plan and Tourist
Commercial/Residential Specific Plan Zoning designations, in that the lots proposed
for the subject property will be developed consistent with the approvals granted
under those designations, which were previously determined consistent. The lots
proposed are consistent in their configuration with the existing approved Tentative
Tract Map 33226, previously approved for this property.
2. Likelihood of Environmental Damage - The design of Tentative Parcel Map 36433 is
not likely to cause environmental damage, nor substantially injure fish or wildlife, or
their habitat, as the site has been previously mass graded, has no wetlands, surface
water bodies, or other potential habitat and is located in an urbanized resort setting
surrounded by existing residential and golf development. Furthermore, the proposed
Tentative Parcel Map 36433 has been determined categorically exempt from
environmental review pursuant to the provisions of Section 15315 (Class 15, Minor
Land Divisions) of the California Environmental Quality Act (CEQA).
3. Public Health - The proposed Tentative Parcel Map 36433 will not result in any
increased hazard to public health or welfare, as the design has been reviewed by the
appropriate responsible agencies for health and safety issues, with none identified,
and the subdivision will not result in any further development within its boundary.
4. Suitability of the Site - The site of Tentative Parcel Map 36433 is physically suitable
for the proposed type and density of development, as previously determined during
review of the existing approvals for the Eden Rock project. This Tentative Parcel Map
is consistent with those approvals in terms of site design and parcel configuration.
5. Zoning and Subdivision Ordinance Consistency - The proposed Tentative Parcel Map
36433 is consistent with all applicable provisions of Title 13 (Subdivision
Regulations) and Title 9 (Zoning) of the La Quinta Municipal Code (LQMC), including,
but not limited to, minimum lot area requirements, any other applicable provisions of
this code, and the Subdivision Map Act. The proposed Tentative Parcel Map 36433
proposes parcel boundaries consistent with the underlying approved Tentative Tract
Map 33226 for the Eden Rock project, and is consistent with the design and
proposed improvements as approved for the Eden Rock development.
6. Public Easements - The design of Tentative Parcel Map 36433 will not conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision. This tentative parcel map has been conditioned to
provide any necessary easements related to establishing the proposed parcel
'boundaries. In addition, said tentative parcel map is required to comply with those
related requirements, as applicable to the existing approvals for the overall Eden Rock
project.
CONDITIONS OF APPROVAL
GENERAL
1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta
("City"), its agents, officers and employees from any claim, action or proceeding to
attack, set aside, void, or annul the approval of this Tentative Parcel Map, or any
Final Map recorded thereunder. The City shall have sole discretion in selecting its
defense counsel.
The City shall promptly notify the applicant of any claim, action or proceeding and
shall cooperate fully in the defense.
2. This Tentative Parcel Map shall expire on March 21, 2014, unless recorded or
granted a time extension pursuant to the requirements of La Quinta Municipal Code
9.200.080 (Permit expiration and time extensions).
3. This Tentative Parcel Map, and any Final Map recorded thereunder, shall comply with
the requirements and standards of Government Code § § 66410 through 66499.58
(the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code
("LQMC").
The City of La Quinta's Municipal Code can be accessed on the City's Web Site at
www.la-quinta.org,
4. Tentative Parcel Map 36433 shall comply with all applicable terms, conditions and/or
mitigation measures for the following related approvals:
• Tentative Tract Map 33226
• Subsequent EIR; SCH #2007061056
• Specific Plan 83-002, Amendment No. 6
• Site Development Permit 2006-852
In the event of any conflict(s) between approval conditions and/or provisions of these
approvals, the Planning Director shall adjudicate the conflict by determining the
precedence.
5. Prior to the issuance of any grading, construction, or building permit by the City, the
applicant shall obtain any necessary clearances and/or permits from the following
agencies, if required:
• Fire Marshal
• La Quinta Public Works Department (Grading Permit, Green Sheet (Public
Works Clearance) for Building Permits, Improvement Permit)
• La Quinta Planning Department
• La Quinta Building and Safety Department
• Riverside Co. Environmental Health Department
• Coachella Valley Unified School District
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• SunLine Transit Agency
• South Coast Air Quality Management District Coachella Valley
The applicant is responsible for all requirements of the permits and/or clearances from
the above listed agencies. When these requirements include approval of improvement
plans, the applicant shall furnish proof of such approvals when submitting those
improvement plans for City approval.
6. Coverage under the State of California Construction General Permit must be obtained
by the applicant; who then shall submit a copy of the Regional Water Quality Control
Board's ("RWQCB") acknowledgment of the applicant's Notice of Intent ("NOI") and
Waste Discharger Identification (WDID) number to the City prior to the issuance of a
grading or building permit.
7. Approval of this Tentative Parcel Map shall not be construed as approval for any
horizontal dimensions implied by any site plans or exhibits unless specifically
identified in the following conditions of approval.
8. Developer shall reimburse the City, within thirty (30) days of presentment of the
invoice, all costs and actual attorney's fees incurred by the City Attorney to review,
negotiate and/or modify any documents or instruments required by these conditions,
if Developer requests that the City modify or revise any documents or instruments
prepared initially by the City to effect these conditions. This obligation shall be paid
in the time noted above without deduction or offset and Developer's failure to make
such payment shall be a material breach of the Conditions of Approval.
9. Developer shall reimburse the City, within thirty (30) days of presentment of the
invoice, all costs and actual consultant's fees incurred by the City for engineering
and/or surveying consultants to review and/or modify any documents or instruments
required by this project. This obligation shall be paid in the time noted above without
deduction or offset and Developer's failure to make such payment shall be a material
breach of the Conditions of Approval.
PROPERTY RIGHTS
10. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and
other property rights necessary for the construction or proper functioning of the
proposed development. Conferred rights shall include irrevocable offers to dedicate
or grant access easements to the City for emergency services and for maintenance,
construction and reconstruction of essential improvements.
11. Pursuant to the aforementioned condition, conferred rights shall include approvals
from all necessary persons or entities over easements and other property rights
necessary for construction and proper functioning of the proposed development not
limited to access rights over proposed and/or existing private streets that access
public streets and open space/drainage facilities of the master development.
12. The applicant shall retain for private use on the Final Map all private street rights -of -
way in conformance with the City's General Plan, Municipal Code, applicable specific
plans, and/or as required by the City Engineer.
13. The private street rights -of -way to be retained for private use required for this
development include:
A. PRIVATE STREETS (OFF -SITE)
1) PGA Boulevard (Arterial, 110' and 1. 20' ROW) - No additional private
street dedication is required.
14. Dedications shall include additional widths as necessary for dedicated right and left
turn lanes, bus turnouts, and other features contained in the approved construction
plans.
15. When the City Engineer determines that access rights to the proposed street rights -
of -way shown on the approved Tentative Parcel Map are necessary prior to approval
of the Final Map dedicating such rights -of -way, the applicant shall grant the
necessary rights -of -way within 60 days of a written request by the City.
16. The applicant shall offer for dedication those easements necessary for the placement
of, and access to, utility lines and structures, drainage basins, mailbox clusters, park
lands, and common areas on the Final Map.
17. Direct vehicular access to PGA Boulevard from lots with frontage along PGA
Boulevard is restricted, except for those access points identified on the tentative
parcel map, or as otherwise conditioned in these conditions of approval. The
vehicular access restriction shall be shown on the recorded final map.
18. The applicant shall furnish proof of easements, or written permission, as appropriate,
from those owners of all abutting properties on which grading, retaining wall
construction, permanent slopes, or other encroachments will occur.
19. The applicant shall cause no easement to be granted, or recorded, over any portion of
the subject property between the date of approval of the Tentative Parcel Map and
the date of recording of any Final Map, unless such easement is approved by the City
Engineer.
20. The applicant shall be responsible for the vacation and granting of easements that
address changes in the existing easements over the proposed tentative parcel map
that may be affected by proposed improvements. Pursuant to this condition, the
applicant shall apply to the City for any street vacation request of public right of way
and/or utility easements. The applicant must provide all applicable exhibits and legal
descriptions and perform all necessary abandonments or relocation of easements
and/or facilities as required by all affected utility purveyors over the public right of
way and/or utility easements, or as approved by the City Engineer.
STREET AND TRAFFIC IMPROVEMENTS
21. The applicant shall comply with the provisions of. Sections 13.24.060 (Street
Improvements), 13.24.070 (Street Design - Generally) & 13.24.100 (Access For
Individual Properties And Development), LQMC for public streets; and Section
13.24.080 (Street Design - Private Streets), where private streets are proposed.
22. General access points and turning movements of traffic are limited to the following:
A. Primary Entry (PGA Boulevard): Full turn movements are permitted except for
large moving van movements (WB-62) as conditioned for Tentative Tract
33226.
B. Secondary Entry (PGA Boulevard): Right turn in and out is permitted at the
existing roundabout. Left turn in and out is prohibited due to the roundabout
design concept in place.
23. Improvements shall be designed and constructed in accordance with City adopted
standards, supplemental drawings and specifications, or as approved by the City
Engineer. Improvement plans for streets, access gates and parking areas shall be
stamped and signed by qualified engineers.
FINAL MAPS
24. Prior to the City's approval of a Final Map, the applicant shall furnish mylars of the
Final Map that were approved by the City's map checker on a storage media
acceptable to the City Engineer. The Final Map shall be of a 1 " = 40' scale.
25. The applicant shall abandon or relocate existing easements over the tentative parcel
map prior to recordation of the Final Map as required by the agency and/or individual
favored and as approved by the City Engineer. Additionally, the applicant shall
relocate existing utility facilities that are required by all utility purveyors prior to
issuance of the first building permit or as approved by the City Engineer.
26. Development proposals on any parcels created under Tentative Parcel Map 36433
shall be consistent with the approved development applications as listed in Condition
4 herein. Nothing in these conditions shall be construed as an approval or
authorization to revise or modify the currently existing approvals for the overall site
within the boundary of this tentative parcel map.
The final map shall incorporate this condition's text in a conspicuous location on the
title sheet.
IMPROVEMENT SECURITY AGREEMENTS
27. Any Subdivision Improvement Agreement ("SIA") entered into by and between the
applicant and the City of La Quinta, for the purpose of guaranteeing the completion
of any improvements related to this Tentative Parcel Map, shall comply with the
provisions of Chapter 13.28 (Improvement Security), LQMC.
GRADING
28. The applicant shall comply with the provisions of Section 13.24.050 (Grading
Improvements), LQMC.
29. Prior to occupancy of the project site for any construction, or other purposes, the
applicant shall obtain a grading permit approved by the City Engineer.
30. To obtain an approved grading permit, the applicant shall submit and obtain approval
of all of the following:
A. A grading plan prepared by a qualified engineer,
B. A preliminary geotechnical ("soils") report prepared by a qualified engineer,
C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16,
(Fugitive Dust Control), LQMC, and
D. A Best Management Practices report prepared in accordance with Sections
8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm
Management and Discharge Controls), LQMC.
E. WQMP prepared by an appropriate professional registered in the State of
California.
In conjunction with submittal of grading plans, the required geotechnical investigation
shall include an analysis of the liquefaction potential on the site, and shall propose
remediation, if necessary.
All grading shall conform to the recommendations contained in the Preliminary Soils
Report, and shall be certified as being adequate by a soils engineer, or by an
engineering geologist registered in the State of California. The Preliminary Soils
Report shall check for subsidence and hydrological collapse of existing as well as
proposed construction as approved during the plan check process.
A statement shall appear on the Final Map that a soils report has been prepared in
accordance with the California Health & Safety Code § 17953.
The applicant shall furnish security, in a form acceptable to the City, and in an
amount sufficient to guarantee compliance with the approved Fugitive Dust Control
Plan provisions as submitted with its application for a grading permit. Additionally,
the applicant shall replenish said security if expended by the City of La Quinta to
comply with the Plan as required by the City Engineer.
31. The applicant shall maintain all open graded, undeveloped land in order to prevent
wind and/or water erosion of such land. All open graded, undeveloped land shall
either be planted with interim landscaping, or stabilized with such other erosion
control measures, as were approved in the Fugitive Dust Control Plan.
32. Building pad elevations of perimeter parcels shall not differ by more that one foot
higher from the building pads in adjacent developments. The applicant shall minimize
the differences in elevation between the adjoining properties and the parcels within
this development.
Where compliance within the above stated limits is impractical, the City may consider
alternatives that are shown to minimize safety concerns, maintenance difficulties and
neighboring -owner dissatisfaction with the grade differential.
33. Prior to the issuance of a building permit for any building lot, the applicant shall
provide a lot pad certification stamped and signed by a qualified engineer or surveyor
with applicable compaction tests and over excavation documentation.
Each pad certification shall list the pad elevation as shown on the approved grading
plan, the actual pad elevation and the difference between the two, if any. Such pad
certification shall also list the relative compaction of the pad soil. The data shall be
organized by lot number, and listed cumulatively if submitted at different times.
DRAINAGE
34. Stormwater handling shall conform with the approved hydrology and drainage report
for PGA West Development and as modified for this Tentative Parcel Map.
35. The applicant shall comply with the provisions of LQMC Section 13.24.120
(Drainage), Retention Basin Design Criteria, Engineering Bulletin No. 06-16 -
Hydrology Report with Preliminary Hydraulic Report Criteria for Storm Drain Systems
and Engineering Bulletin No. 06-015 - Underground Retention Basin Design
Requirements.
36. Nuisance water shall be retained on site. Nuisance water shall be disposed of per
approved methods contained in Engineering Bulletin No. 06-16 - Hydrology Report
with Preliminary Hydraulic Report Criteria for Storm Drain Systems and Engineering
Bulletin No. 06-015 - Underground Retention Basin Design Requirements.
37. The design of the development shall not cause any increase in flood boundaries,
levels or frequencies in any area outside the development.
38. Storm drainage historically received from adjoining property shall be received and
retained or passed through into the historic downstream drainage relief route.
UTILITIES
39. The applicant shall comply with the provisions of Section 13.24.110 (Utilities),
LQMC.
40. The applicant shall obtain the approval of the City Engineer for the location of all
utility lines within any right-of-way, and all above -ground utility structures including,
but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone
stands, to ensure optimum placement for practical and aesthetic purposes.
MAINTENANCE
41. The applicant shall comply with the provisions of Section 13.24.160 (Maintenance),
LQMC.
42. The applicant shall make provisions for the continuous and perpetual maintenance of
all private on -site improvements, perimeter landscaping, access drives, and
sidewalks.
FIRE DEPARTMENT
43. For residential areas, provide approved standard fire hydrants, located at each
intersection and spaced 330 feet apart with no portion of any lot frontage more than
165 feet from a hydrant. Minimum fire flow shall be 1000 GPM for a 2-hour duration
at 20 PSI.
44. For any buildings with public access, provide or show there exists a water system
capable of delivering a fire flow 2500 gallons per minute for 2 hours duration at 20
psi residual operating pressure, which must be available before any combustible
material is placed on the construction site.
45. Prior to building plan approval and construction, applicant/developer shall furnish two
copies of the water system fire hydrant plans to Fire Department for review and
approval. Plans shall be signed by a registered civil engineer, and shall confirm
hydrant type, location, spacing, and minimum fire flow. Once plans are signed and
approved by the local water authority, the originals shall be presented to the Fire
Department for review and approval.
46. Prior to issuance of building permits, the water system for fire protection must be
provided as approved by the Fire Department and the local water authority.
47. Any turn -around requires a minimum 38-foot turning radius.
48. All structures shall be accessible from an approved roadway to within 150 feet of all
portions of the exterior of the first floor.
49. The minimum dimension for access roads and gates is 20 feet clear and unobstructed
width and a minimum vertical clearance of 13 feet 6 inches in height.
50. Roadways may not exceed 660 feet without secondary access. This access may be
restricted to emergency vehicles only however public egress must be unrestricted.
FEES AND DEPOSITS
51. The applicant shall comply with the provisions of Section 13.24.180 (Fees and
Deposits), LQMC. These fees include all deposits and fees required by the City for
plan checking and construction inspection. Deposits and fee amounts shall be those
in effect when the applicant makes application for plan check and permits.
52. Permits issued under this approval shall be subject to the provisions of the
Infrastructure Fee Program and Development Impact Fee program in effect at the time
of issuance of building permit(s).
53. In accordance with Chapter 3.34 of the La Quinta Municipal Code, future
development permits are subject to the Coachella Valley Multi -Species Habitat
Conservation Plan/Natural Community Habitat Conservation Plan Mitigation Fee.
ATTACHMENT 1
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MEMORANDUM
TO: Les Johnson, Planning Director
FROM: Wally Nesbit, Principal Planner
DATE: March 21, 2012
SUBJECT: TENTATIVE PARCEL MAP 36433; EDEN ROCK
The applicant was provided a copy of the staff report and proposed conditions for
this case on March 15, 2012. Subsequently, the applicant raised concerns with the
improvement conditions placed on the proposed parcel map. The applicant is
concerned that the improvement requirements, which reflect those. in place for the
existing Eden Rock tract map and site development permit approvals, are not
necessary and will impede their ability to subdivide the property in order to allow
for the transfer of parcels to acquire investor financing.
Planning and Public Works staff met with the applicant on March 20 to discuss this
issue. After hearing the applicant's concerns pertaining to the conditions and their
intent with the parcel map proposed, staff agreed to further investigate if a
modified SIA process could be used in order to meet the needs of the City and the
applicant. Staff is investigating options along this line, in consultation with the City
Attorney. Based on this, the applicant has submitted a written request to continue
this item (see letter attached).
Staff has also received communications from two parties in regard to this
application, which have been attached to this memo for the record.
RECOMMENDATION
Under an open public hearing, continue consideration of Tentative Parcel Map
36433, to the regularly scheduled Director's Hearing date of April 18, 2012.
Attachments
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/2
March 15, 2012
55180 Inverness
La Quinta, Ca. 92253
Planning Department
La Quinta City Hall
78495 Calle Tampico
La Quinta, Ca. 92253
Gentlemen:
Re: Eden Rock division
QY 0. L 'A i
I oppose the division of the property at Eden Rock. The developers indicate that it is for
the purpose of financing. Perhaps they will obtain financing only for one portion and not
for the entire project. We are then left with dirt in open spaces. This could be a decade
project. I vote NO on the division.
Very truly yours,
Roberta C. Minichiello
Wally Nesbit
From:
Jo Austin <jaustin@hoalaw.com>
Sent:
Tuesday, March
20, 2012 9:54 AM
To:
Wally Nesbit; Les Johnson
Subject:
PGA WEST Master Association
Attachments:
City of La Quinta.pdf
Dear Mr. Nesbit and Mr. Johnson:
I have attached our correspondence dated 3/19/12.
Sincerely,
Jo Austin, Legal Assistant to
David M. Peters, Esq.
PETERS & FREEDMAN, L.L.P.
Attorneys At Law
191 Calle Magdalena, Ste. 220, Encinitas CA, 92024
Tel: (760) 436-3441, Fax: (760) 436-3442
43100 Cook Street, Ste. 202, Palm Desert, CA 92211
Tel: (760) 773-4463, Fax: (760) 773-0919
http://www.hoalaw.com
This e-mail communication contains CONFIDENTIAL INFORMATION WHICH
ALSO MAY BE LEGALLY PRIVILEGED and which is intended only for the
use of the intended recipients identified above. If you are not the intended recipient
of this communication, you are hereby notified that any use, dissemination,
distribution, downloading, or copying of this communication is strictly prohibited.
If you have received this communication in error, please immediately notify us
by e-mail or by telephone at 760/436-3441 and delete the communication and
destroy all copies. Thank you for your cooperation.
DAVID M. PETERS
KEENAN A. PARKER
JAMES R. McCORMICK JR.
STEPHEN M. KIRKLAND
CHRISTINA M. BAINE DEJARDIN
JOHANNA R. DELEISSECUES
TRACY M. FULLER LINKOWSKI
MICKEY JEW
KYLE E. LAKIN
LAURIE F, MASOTTO
LAURIE S. POOLE
ZACHARY R. SMITH
OF COUNSEL
SIMON J. FREEDMAN
WNesbit@la-quinta.org
L.Johnsonr la-quinta.org
PETERS & FREEDMAN, L.L.P.
ATTORNEYS AT LAW
191 CALLE MAGDALENA, SUITE 220
ENCINITAS, CALIFORNIA 92024
Wallace H. Nesbit, Principal Planner
Les Johnson, Director of Planning
City of La Quinta
Planning Department
78-495 Calle Tampico
La Quinta, CA 92253
Re: PGA WEST Master Association.
File No: 1205.
Dear Mr. Nesbit and Mr. Johnson:
Tel: (760) 436-3441
Fax:(760)436-3442
March 19, 2012
mafl@hoalaw.com
www.hoalaw.com
PALM DESERT OFFICE
43100 COOK STREET
SUITE 202
PALM DESERT, CA 92211
Tel: (760) 773-4463
Fax: (760) 773-0919
Ctly a L; C,--wta
PIC^C'ng ^s;�c14^;9nT
We are in receipt of the Staff Report for the Directors Hearing dated March 21, 2012. On behalf of
the PGA WEST Master Association, Inc., (`Master Association`), and by way of this letter, we
respectfully request formal notice of any applications, including but not limited to, request for
extensions, permits, modification for different uses, etc., pertaining to Parcels 1, 2, 3, and 4 ofParcel
Map 36433. The object is to ensure that the Master Association has the opportunity to review,
approve and comment on any such applications, permits, notices, modifications, etc., to the above
referenced parcels.
Thank you for continued efforts and professionalism in this matter.
Sincerely,
PEIVPeters,FREEDMAN, L.L.P.
Da Esq.
DMP:ja
cc: Board of Directors
G\ 12\1205\DMP\Lt"\City of La Quinta.wpd