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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 PROJECI SITE VICINITY MAP N.T.S TPM 36433 ATTACHMENT 2 c §s3 3q n FyS�-4 gp- cQ C Ham: l #� 3Y Mrz � S"1�Y uaC�v . 0 es? � 15�pn �S tl�aB�� �jZ�ii4 Z' Q rvyEi i Y4 GS"1�Ya��.o B€5 gg"� ppadd 0 6iA3i8 88z�x�. U �"� 398ppy ffi�i: 6y L das #Y3dP� e� o CM N 6 F 'y i= p adz h § n a e �Js U O r �4 9ET 5 5 a Q �a � „ 1 Aa ��8 C i 3'S Z i M 1,w � s Sg co >Mo Rags pypy C�p� I-aa d ` a ^ Z�� ? O , wffi o w a H Wix • U � a,. a �e 42 gpi [[Y w g , n isi yy p ���333 II l\ V ( FA1 m j 4 u• , ash; I y'-� d er Rn i �£ a � e J 8' A ATTACHMENT 3 TPM 36433 $ 4�� Y $g @ � ;is �;�§¢ _�€��.�e Baga c 9���➢��w ����1 i;. km3 .- ette��� . yeaa s�� e@ yrG�gq$€ ga@ a&3e 3 Ohi, � pgA pp g'($pe Q§ iii dpp[ dg g g dp err ag pg@p$ 9 =�04�� LL d U: Q N<w p e § 0- W N O4j Q�c�7LC)gg w €a3E 0< ZaZN��� Its y a p V W Op W 9 e5 a 9p§ xO � �_ W F d Q • ¢ F w g o R cob Os a a t �\ i W �]YYYY YY9 YYY Ys vY Yv96 8i _.Fmv Bm-e!^e4to III .,:,;�Ga AL �ttIN _____ _ _em �roF.GwQ 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 r _ �I70 1 /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