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APP 2008 002
City of La Quinta Planning Department 78-495 . Calle Tampico ''La Quinta, California 92253 `. (760) 777-7125 FAX: (760) 777-1233 , F i Pp2. oo OFFICE USE ONLY Case No. Date Recvd. Fee: % /76 ` jot Related Apps.: T (,l 33 3 3‘. Logged in by: e Application for .. Appeal of Findings And/Or .Conditions k of.) Ti of u. s Appellant's Name. \aid Pa c j c 4btw-•Date lb f Mailing Address 3hV 4 , 3u I OO /Ul :V1Q) OA- G l Phone: (`,Cf 1) 75c - 8S$� Resolution # and Condition(s) of Approval being appealed G( ec-(s i UIJ 2 b nyl ‘11�Q) UY • (-- J-F. Q.q)°16 6 Any development review action may be appealed pursuant to Section 9. 20.120 of the Zoning Code. Please identify the type of application: Type of Appeal: Change of Zone Specific Plan Conditional Use Permit Variance Minor Use Permit ✓ Tentative Tract Map Leh o Tentative Parcel Map Site Development Permit Temporary Use Permit Other Please provide sufficient information so as to make clear the substance of each of the grounds for appeal. If applicable, indicate the number of the specific condition which is being protested. Use additional sheets if necessary. 1, !)CT 0 6 2'006 can OFU1NT DEP Signature of Appellan lb/3/b i-atiO1 e� F . ,, / D•\ Annliratinnc\ A,.nPal F:nrlinoc_('nnri iinr :13.12.140 Appeals. .Page 1 of l La Quinta Municipal Code Up Previous Next Main Search Print No Frames Title 13 SUBDIVISION REGULATIONS Chapter 13.12 TENTATIVE SUBDIVISION MAPS 13.12.140 Appeals. A subdivider or any other interested party may appeal a decision of the advisory agency or the planning commission by using the following procedures: A. Appeal of the Advisory Agency Decision. Within ten calendar days after the date of the decision by the advisory agency, a written appeal, accompanied by the appropriate fling fee, may be submitted to the community development department. The "date of decision" shall be either the time a formal noticed hearing is held or the date noted on correspondence mailed to the subdivider indicating the staff decision. The appeal shall state the item to be appealed and the reason for the request. The community development director shall set the matter for hearing before the planning commission within thirty days after the date of filing the appeal. Written notice of the hearing shall be provided by mail to the subdivider, the property owner and those property owners or individuals originally noticed at the time of the first public hearing. B. Appeal of the Planning Commissions Decision. Within ten calendar days after the date of the decision by the planning commission, a written appeal, accompanied by the appropriate filing fee, may be submitted to the community development department. The city clerk shall set the matter for hearing before the city council. The hearing on the appeal shall be held not more than thirty days from the date of receipt of the appeal and shall give written notice of the hearing to the subdivider, property owner, and those property owners or individuals originally noticed at the first public hearing. (Ord. 356 § 1 (part), 2000: Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) http://gcode.us/codes/laquinta/yiew.php?topic=13-13_12-13_12_140&frames=on 10/3/2008 P,13.04.040 <em class="hit">Advisory</em> <em class="hit">agency</em>. Page 1 of 1 La Quinta Municipal Code Up Previous Next Main' Search Print No Frames Title 13 SUBDIVISION REGULATIONS Chapter 13.04 BASIC PROVISIONS remove highlighting 13.04.040 Advisory agency. The community development director is designated an "Advisory Agency" under state law for the purposes of: A._ Investigating and preparing reports to the planning commission on the design and improvement of subdivisions; • B. Approving, conditionally approving or disapproving tentative parcel maps. C. Approving, conditionally approving or disapproving amending of final maps. (Ord. 356 § 1 (part), 2001; Ord. 272 § 1 (part), 1995) r http://gcode.us/codes/laquinta/view.php?topic=13-13=04-13_04_040&highlightWords=ad... 10/3/2008. Jackson I DeMarco l Tidus Peckenpaugh •A L A W November 10, 2008 VIA E-MAIL AND U.S. MAIL Les Johnson Planning Director City of La Quinta P.O. Box 1504 La Quinta, CA 92247-1504 CORPORATION Direct Dial: 949.851.7607 • Email: gpowers@jdtplaw.com Reply to: Irvine Office Filo No: 3525/49003 Re: Withdrawal of Standard Pacific Appeal Dear Mr. Johnson: hECEFVE NOV 1.0 2008 CITY OF LA QUINTA PLANNING DEPARTMENT We have received your letter, dated November 7, 2008, which said that Standard Pacific's Tentative Tract Map No. 33336 ("TTM #33336) for the Palo Verde project was timely filed, under to Government Code section 66452.6(d), in October 2006; and, therefore no time extension is necessary for TTM #33336. Based on your letter, Standard Pacific's timely filing allows for continued processing (including City Council approval and subsequent recordation) of TTM #33336. We'are pleased with the City's determination. Based on your letter, Standard Pacific is withdrawing its appeal of the denial of its map extension request, and the appeal hearing currently set for the November 25th Planning Commission meeting can be taken off calendar. • Representatives from Standard Pacific will contact the City's Principal Engineer, Ed Wimmer, to coordinate final processing and approval of TTM #33336. Thank you very much for,your courtesy and cooperation:, Very truly yours, cc: Katherine Jensen, City Attorney David Sawyer, Planning Manager Stan Sawa, Principal Planner Ed Wimmer, Principal Engineer 823338.1 Irvine Office 2030 Main. Street, Suite 1200 Irvine, California 92614 t 949.752.8585 f 949.752.0597 Gregory P. Powers Westlake Village Office 2815 Townsgate Road, Suite 200 Westlake Village, California 91361 t 805.230.0023 f 805.230.0087 www.jdtplaw.com RESOLUTION 98-84 CITY OF LA QUINTA FEE SCHEDULE Date Effective - August 18, 1998 • Agricultural Preserve $800 Appeals to Planning Commission $175 Appeals to City Council $175 Building Moving Permit $1,000 Certificate of Compliance* $100 Zone Change •$2,710 Conditional Use Permit $2,000 Conditional Use Permit - Amendment $750 Village Use PerrnitNillage Site Development Permit $1,000 Cove Residential Permit $100 Cove Residential Adjustment . $300 Cove Master Design Guidelines $250 Day Care - Large Family $25• Development Agreement $2,500 Environmental Assessment $550 Environmental Impact Report ' (Deposit Dependent on Scope of Report) ,General Plan Amendment $4,000 Home Occupations $70 Lot Line Adjustment** ' $250 Minor Adjustment* $200 Minor Use Permit $75 Parcel Map •$1,000 Parcel Map - Waiver $1,000 Parcel Map - Amendment* $500 Parcel Map - Revision* $500 Parcel Map - Time Extension* $500 Parcel Merger $200 Reversion to Acreage $400 Sign Permit $100 Sign Program - When submitted after Site Development Permit approval $500 Site Development Permit $2,000 Site Development Permit - Compatibility Review $750 Site Development Permit - Amendment $750 Site Development Permit - Time Extensions $500 Specific Plan - $4,000 Specific Plan Amendment $2,000 Statutory Condominium - Subdivision $3,000 Street Name Change $75 Street Vacation $400 Temporary Use Permit $100 P.O. Box 1504 LA QUINTA, CALIFORNIA 92247-1504 .78-495 CALLE. TAMPICO LA QUINTA; CALIFORNIA 92253 November 7, 2008 Mr. Greg P.owers Jackson, DeMarco, Tidus, Peckenpaugh 2030 Main Street, Suite 1200 Irvine, CA 92614 (760) 777-7000 FAX (760) 777-7101 RE: Tentative Tract Map 33336 (Palo Verde) — Time Extension Request Mr. Powers: As you know, your appeal of the Planning Director's decision relative to off site improvements and the exception provided for in Government Code Section 66452.6,(a),(1) has been continued to the Planning Commission meeting of November 25, 20008. During research of your appeal, Staff reviewed the additional issue you brought up in your letter pertaining to "a timely filing" of the Final Map. We have reviewed the Public Works Department records for the Final Map plan checking and determined that three plan checks occurred prior to the map's expiration date of July 19, 2007. Based on these records, the third plan check submitted in October, 2006 was considered substantially in compliance with the approved Tentative Tract Map. As such, it has been determined that pursuant to Government Code Section 66452.6,(d), the October 2006 submittal constitutes a "filing" of the Final Map with the City Engineer. This "filing" of . the Final Map allows continued processing, including City Council approval and 'subsequent recordation, of your map after the expiration of the Tentative Tract Map. Therefore, a time extension of Tentative Tract Map 33336 is not necessary to continue processing of your map. Please contact Ed Wimmer, Principal Engineer for the City at 760- 777-7051 for information on the remaining steps in the process of review and approval of your Final Map. P:\STAN\TIMsdtin 3:3 s.3(3 ex't 1 standard pacdiic=,.T..CPu1 33336 Palo Verde Time Extension appr.doc As this determination removes the need for a time extension, upon receipt of a letter withdrawing your aforementioned appeal, Staff will notify the Planning Commission on November 25 that the matter has been resolved and the appeal has been withdrawn. Should you have any questions or comments, please do not hesitate to contact me. Sincerel es Johnson Planning Director cc: Katherine Jensen, City Attorney David Sawyer, Planning Manager tan Sawa, Principal Planner Ed Wimmer, Principal Engineer P:\STANVITIvl\ttrn 33336 ext. 1 standard pacific: 1TM 33336 Palo Verde 'rime Extension appr.doc October 24, 2008 VIA E-MAIL AND U.S. MAIL Mr. David Sawyer City of La Quinta P.O. Box 1504 La Quinta, CA 92247 Direct Dial: Email: Reply to: File No: Re: Standard Pacific appeal (TTM No. 33336) Dear Mr. Sawyer: 949.851.7607 gpowers@jdtplaw.com Irvine Office 3525/49003 This confirms our telephone discussion earlier today in which I told you that Standard Pacific Homes agrees to the City of La Quinta's request for a continuance of Standard Pacific Homes' appeal of the Planning Director's denial of an extension for Tentative Tract Map No. 33336. It is our understanding that the matter will be continued from October 28, 2008, to the November.25 :'200$; :planning commission meeting. In doing so, we hope that you will agree that Standard'Pa'cific Homes timely filed its 'final map, and that this matter can be resolved administratively. We look forward to hearing from you. If you have questions, please do not hesitate to contact us at the telephone number listed above. Very truly yours 7 Gregory P. Powers, Esq. cc: Katherine Jenson, Esq. (via e-mail only) ., 'Michael,: Lt'Tidus;" Esq. 821O26:1 ;;‘.1,2 Irvine Office 2030 Main Street, Suite 1200 Irvine, California 92614 t 949.752.8585 f 949.752.0597 Westlake Village Office 2815 Townsgate Road, Suite 200 Westlake Village, California 91361 t 805.230.0023 f 805.230.0087 www.jdtplaw.com October 3, 2008 VIA COURIER Community Development Department City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Les Johnson, Planning Director Direct Dial: Email: Reply to: File No: TEC:ME OCT 3 2008 CITY OF LA QUINTA PLANNING DEPARTMENT 949.851.7607 gpowers@jdtplaw.com Irvine Office 3525/49003 Re: Standard Pacific Homes: Letter of Appeal for Denial of Map Extension Dear Mr. Johnson: This letter serves as formal Appeal of the Planning Director's denial of Standard Pacific Homes' ("Standard Pacific") request for a one-year extension of Tentative Tract Map No. 33336 ("TTM #33336"). Pursuant to La Quinta Municipal Code. section 13.12.140, Standard Pacific has timely filed this letter of appeal within ten calendar days of the Planning Director's denial on September 24, 2008, and therefore requests an appeal hearing before the La Quinta Planning Commission within the next 30 calendar days. Enclosed please find a check payable to the City of La Quinta ("City") in the amount of $175.00 for the required filing fees for this appeal. Grounds for Appeal Standard Pacific appeals the Planning Director's denial of TTM #33336 extension request based upon the following: 1. The City should treat TTM #33336 as being timely filed and continue to process it in accordance with Government Code, section 66452.6, subdivision (d) because the Final Map was filed only eight days after the date TTM #33336 was set to expire, and the delay was caused by other agencies. 2. Standard Pacific has constructed off -site improvements for TTM #33336 costing more than $208,000 which qualifies it for an automatic 3-year extension under to Government Code section 66452.6. Irvine Office 2030 Main Street, Suite 1200 Irvine, California 92614 t 949.752.8585 f 949.752.0597 Westlake Village Office 2815 Townsgate Road, Suite 200 Westlake Village, California 91361 t 805.230.0023 f 805.230.0087 www.jdtplaw.com 01;R (a�uvitcZ\� r - � P.O.. Box 1504 LA QUINTA, CALIFORNIA 92247.-1504 78-495 CALLE TAMPICO LA QUINTA, CALIFORNIA 92253 September 19, 2008 Mr. Michael L. Tidus Jackson, DeMarco,Tidus, Peckenpaugh 2030 Main Street, Suite 120,0 Irvine, CA . 9261.4 RE: Map 33336 (Palo Verde) - Time Extension Request (760) 777-7000 FAX (760) 777-7101 Dear Mr. Tidus, This letter is being sent in response to your letter of July 8, 2008. (received July 17, 2008) which you sent as follow .up to our meeting of July 2, 2008. The July 2 meeting and subsequent .letter address a time extension.. for Tentative Tract Map (TTM) 33336. As stated in your, letter, TTM 33336 expired on July 19, 2007. Your letter and attachments provide information relative to off -site improvements, conducted and an exception provided for in Government Code Section 66452.6, which extends the tentative map approval by 36 months from the date of expiration when certain public improvements are constructed, improved or financed in excess of a prescribed amount. . Staff has considered the information provided with your letter and has concluded that TTM 33336 does not qualify for the aforementioned exception. This is based upon the requirement in Government Code Section 66452.6 that excludes "improvements of public rights -of -way which abut The boundary of the property to be subdivided and which are reasonably related to the development". The improvements identified appear to all be either within the boundary of the TTM, are public right-of-way improvements that abut the site or are reasonably related to the development. We are in receipt of your application for time extension, which was submitted the same day as receipt of your letter, July 17, 2008. However, the application cannot be processed based upon the aforementioned that addresses TTM 33336 not qualifying for an extension of time based upon certain public improvements. We are currently processing :a refund of the time extension application fee, which will be sent to Standard .Pacific of Coachella Valley. Should you have any questions or comments, please do not hesitate to contact me. Sincere es Joh ' • n Planning Director cc: Katherine Jensen, City Attorney David Sawyer, Planning. Manager • v tan Sawa, Principal Planner Ed Wimmer, Principal Engineer JUL-16-2008 WED 04:31 PM JDT,&P IRVINE primary FAX NO. pA97520597 P. 02 July 8, 2008 Jackson DeMarco I Tidus Peckenpaugyi A LAW CORPORATION Direct Dial: Email: Reply to: File No: VIA FACSIMILE AND OVERNIGHT MAIL Mr. Les Johnson, Planning Director City of La Quinta Community Development Department 78-495 Calle Tampico La Quinta, California 92247-1504 Re: Palo Verde —Maps 33609, 33336, 32279 949.851.7424 mtidus@jdtplaw.com Iryine Office 3525.49003 Dear Mr. Johnson: As you know, we represent Standard Pacific Homes. As a follow up to our July 2, 2008, meeting I attach a spreadsheet showing that the amount Standard Pacific spent in off site improvements exceeded the amount necessary to qualify under Government Code section 66452.6 for an additional year to final its tract map 33336. According to our discussions, the • City had said last year that the map expired on July 19, 2007. With the application of section 66452,6, the map wouldaetually expire on July 19, 2008. This letter also serves as Standard Pacific's request for a time extension to final map 33336, which under the Map Act automatically extends the map for an additional 60 days. (Gov. Code, § 66463.5; La Quinta Muni. Code, § 13.12.160.) Standard Pacific is not seeking to change the map, and is requesting an one year extension on the grounds that a miscommunication between the City and Standard Pacific prevented Standard Pacific from having its final map placed on 'the consent calendar of the City Council in October 2007.1 A separate letter directly from Standard Pacific will have the completed City form seeking the extension (a copy of which is enclosed); as' well as 5 copies of the map, and a check to pay the fees for the extension request. Mr. Johnson has told Standard Pacific that only 5 copies of the map are necessary and that mailing labels are not needed at this time, ,Please review the attached, and if you agree with Standard Pacific's calculations, it can resubmit all of the materials to have map 33336 finaled. This request is actually a follow up to the October 2007, request submitted by Standard Pacific for an extension of time to final the map, but that was not acted upon by the City. Irvine Office 2030 Main Street, Suite 1200 Irvine, California 92614 t 949.752.8585 f 949.752.0597 Westlake Village Office 2815 Townsgate Road, Suite 200 Westlake Village, California 91361 t 805.230.0023 f 805.230.0087 www.jdtplaw.com JUL-16-2008 WED 04:32 PM JDT&P IRVINE primary FAX NO. .97520597 Mr. Les Johnson, Planning Director July 8, 2008 Page 2 Thank you for your courtesy and cooperation. If you have any questions, please give us a call.' Michael L. Tidus MLT:seb Enclosures cc: Kathy Jenson, Esq. (via facsimile and U.S. Mail (w/encls.)) Rutan & Tucker JUL-16-2008 WED 04:32 PM JDTP,P IRVINE Primary FAX NO. 9ag7520597 P. 04 Palo Verde r 1 of 1 TTM No. 33336 SPENT TO DATE Code Ilan DESCRIPTION Meas. • tits Unit Price Ext. El-NIbj.-,, 6 Ate. S '•,3 liF3 ;,P ; ' ?' I. `�w31'' • 'glfb 1 4" AC/ 6" CLASS 11 C.A. B. 1,G60 322 $11.850 2 8" Curb and Gutter, per City of Le Cuinta No. 202 375 16.68 S6,255 3 1" A.C. Overlay 66 ' 96.20 $6,548 A Coetruct Meandering Walk • . 1.049 6.03 $6,325 5 Conatntta Curb Ramp, per City cif L. O. No. 250 1 ' 250,00 s25o 6 Covet. Cross Gutter Lmyout, per City Std. No 231 :988 10.70 $10,566 7 2" AC/41/2" C.A.B. 700 ' 2.50 51,750 6 TRAFFIC CONTROL 1 1,150.00 S1,750 e Remove Existing Berm ' . 170 2,05 S502 10 • Stripping Per Plan 1 2,532.50 S2,533 $48.229 o. tt =opi* . •a.mA..e+rm.ua, a. ::.DETENTION BASIN gp '�' e v I N . P 1 I! �• � . r w y, i. :`'�?t 1 18" RCP RUBBER GASKET r LS 138 60,00 $8.280 2 18" RCP LF r' 50 70.00 S3,500 . 3 CATCH BASIN W-4' (OVFRYLOW) LS I 4,600.00 $4,600 4 OUTLET STRUCTURE LS 2 4.100.00 S8.200 • 5 AIR VENT RISER • LS 2 37n.00 $740 6 SAND TRAP ' 1.S 2 16,000.00 S32,000 7 ROUGH GRADING • . CY 2,949 1,55 $4,571 8 DIRT EXPORT CY 400 11.00 S4,400 9 FINE GRADING SF 25,000 ' 0.12 53,000 10 LANDSCAPING ' LS 50.000 326 $164,000 I . S233,291 oaf ..1 -tf, :.'L'EsBONDia' • �`• L1':ly :70r'1: ;a,1• ''1f i' 1 t. 1 STREET PC&I ' LS 1 6,865.00 SK,1465 2 STORM DRAIN PC&3 LS 1 4,542.00 54,542 3 WATER CONNECI'1ON LS 1 15,000.00 SI5,000 4 SEWER PCt] LS j 1 3,441000 $7 400 5 WATER PCRI LS 7 2,600.00 • $2,600 B IMPROVEMENT BOND LS 1 4,097.40 54,097 338 �EE �,504 ,� if LS 1 • 12,6111,35 $12,618 2 FIELD ENGINEERING • LS 1 5,373.60 S5,374 LS 1 2,380,00 S..3110 • Si0,372 ;r42111_ ....._,..,•._.•_:...._.,.,...:._........._.,._ b'INA'NCE.CiiARGTS r 1 L ;Ir. ram] 1 L I,r, ,fl fifal ,h 4 ,,,:'k'Irai• ti --1. 1 CORPORATE FINANCE CHARGES • LS 1 25,51720 525,537 325,53i TOTAL: $366,033 O:\Project ManagementlProJects\Curren0Pelo Verde\E-2 LEGAL CORRESPITR, 33336 TTM $ Code I601400 Fain Varde Public Improvements (Jury 11 '08),x16 JUL-16-2008 WED 04:32 PM JDTP IRVINE primary FAX NO, 9/I7520597 P 05 STTANDR PACIFIC HOMES DATE: July 16,.200$ TO: Les Johnson, Planning Director AD1)RESS: City of La Quinta 78-495 Calle Tampico La.Quinta, CA 92253 FROM: Sean Doyle PROJECT: ' Palo Verde s SUBJECT: Time Extension of TTM No. 33336 Comments: Attached for your review and approval is the tentative Tract map .time extension request for, Tentative 'inlet Map No: 33336. The time extension request includes.the following materials: Complete application form;. 5 full size setsof the, approved TTM (folded to 8.5 x 11); 20 reduced sets of the approved TTM (11 x 17) and 1 Tentative Tract Map — TimeExtension Fee ($1,000). Should you have any questions regarding the enclosed time extension submittal package, please don't hesitate to contact me at 949/789-1716. O;\PROJRCT NIANACF.MFNTPRUJI:C:TH\CU)Utrxt'\PAW VPRDC\C•21 CITY PLNG GORRESP\TiMH F-`t'I'kNSIONV1t 33334 TIML-XTTRANSMITTALAOC 15326 Alton Parkway, Irvine, CA 92618, I TEL.949.789-1600',FA.X 949.789.1609 I www.ttandardpacificbomer.com JUL-16-2008 WED 04:32 PM JDT&P IRVINE primary FAX NO, 9/IQ.7520597 P. 06 Aiatbiitily r°t1lia *U �! i 1at lTe of lit OOLY.: T g): • Citj :o a ta. COMMUNITY: E1044orcifEr.t. DEPARTMENT 78495'Cl:......�.._...... LA�QUINTA9225, � ,WORTTIA;:3 p:CiI ::(" :6 )17'1('7607.:77 11 33. -.11VE TRACT' • •( her �3 f g:: mce A:: ce C :CU&here :ifrcqu ig mdnaen MT `RBCQRDATION Location ofPioperty;;-..Avenue . ,58 west of °MadiuonT Street . A4s0ssPeigitrcari40,::. 7621240 - Q4-•; 9' Last Phase of 1;13.e bverat . ::Acrcage i� o. � ,/;,_.Zi�iiiug::. .. Distri Legsl.Dc iptida:. See. :Exhibit n41' Attache .. •., OFFICE .us oN1 Clue. No. Due -a; Peoject:Tjesca*n 23 aa:n9.le. -f,am lly tots: .w th 4 :commgn :area.ivate. e, 3at ar, i 1-vitcm:7;9;14Fe.iAtui. . ... datedCa16eS;':.......#.COIIJ1tIICtlop,Oitbl18ripest: . Tract Noy. :12279, &::Farce].. N'o. 3360'9: APPLICOM St ni'ara Pac fic Co 949) 789:=.1.6:0.:0, •- • 15326 .Alton..,Parkwiay :rivine, ,CA 92'618 aWNEt(S).. , :Same ae: above.. (Name) .. (P) (Addis i Q JSIJR EYCIR: ,.,xdam®•-;s.t7eete� e 1 .: 'ilgianee A.Deri• Inc .014 .. . Vic) `1S Co drat e, ;Palk': TrV Aer .C)k 9260 (Ad. 1) Giafici'} NTi- k .Streeter .- . Pbone> 0491 .. 41:4 :410Wdrir '' I nuee fiumarity Date • 23:30 . . . • AS:F,araa 417' 1 •213/03. FAX NO, 9.._9,7520597 P. . 07 JUL-16-2008 WED`04:33 PM JDT$P IRVINE primary Exhibit *A:. .Real:Pierty iN-the Clt1rof. La. Qui la,. Qourity Of River.5ide, StateCallfomla, described : as lows: Tid4.'Qrd.c N b: . Ellt luhiber. NHRV:2 4Q134• :PARCEL I,.AS>SHOVVN:BY PARCEL, MAPS, RECQRPS OF APN 762 2g0-042-.9'' 1 t 0,3609; !ON•'FILE.IN' BOO(20 PAG ($) 2S'THROriG :.27.OF' RSIDE'COUNT 4. CAI:TFO:RNJA., JUL-16-2008 WED 04:33 PM JDT&P. IRVINE Primary FAX NO. 94q.7520597 P. 08 Smior'V cc:.President Operations 'lie.Pji idct►t-:PioiCc:Dcvelopm.Ctit Vicc:Pioiidotitl-oPurchasing &:Land.Developmant Vce'Pttsidcnk. Opeiations: . Viti Picfderit. t and.Acquisition ' Vicentiiideiitj- Finance V;cetPresidefV=:Salos.. pitecDpr fNew Boaic::Wartanty Dipector.f.Dori S iiio .Standatd..Paciflc Corp. Diivtiion Oplcer44011pr4cd:Representatives Ae;of 7/15/2008 • Standard i a�cific of:OiraA u iCott itv` ; Officer's . Tltlea, "F,dyva►d'TA Iiilr itipin: ,President: • pary .14 Carlson. Mjchacl C. 8ettaglla Briaii'l( Bengt DaiiidI:11ullach, :G O A..loses. :.Belinda-M,.Lasater • Baibara-Ai..Trachy °Dogglas G;. tapbeil KArna L. Piymr RT . .. . dohri;iit:Dalfi�! 'Land;Deyelop ent,Maaage . KTcliy_.: Moore< Assistant Sete Manager ilitwA: Doadale. Esci+ •w'Iytait {air } Cheiyyi. Kelly Escitxw . I;axry T: Atldityofi. ;Pure .t.;ARnut.: Charlcs:1:..;Ms►uvezitc: ..PurchasinitAgent'. '$011 a03adtFntcbaSitcgAgent: 6.n:rara:rns2�?ce x3) 1s.PM. Pipe 1.•of l ' JUL-1-2008 WED 04:33.PM''JDT&P IRVINE Primary FAX NO. 9497520597•. PACIFIC OF•.cOACHELA' 15A26 11'tga Xarlty y Iryiue,,�t�..9Z6 T6: :(949)18945Q0: • DIE 'THOUSAND MD 00/10 • PK iY]`1BEORDER QF:, c °Y:OF LA QUISITA .78,495: C:A :E-'TAivli'ICO. :OLTINTA CA.9225 Ra�ik_Wi1?aer' damMe.Cciii103134111cmcnt AcPlint. Q. .. P'; :09. • .7097 .DATE AMOUNT 12111/. a -:. STANDARD GTIE lif L7D71:19?°u', !;1]' a?65.R,1,6.Z 2?u■ • Cfl C..C10Rr.. JUL-16-2008 WED 04:31 PM JDT&P IRVINE Primary FAX NO. g497520597 01 Jackson I DeMarool Tidus Peckenpaugh A LAW ,CORPORATION 2030 Main Street, Suite 1200. Irvine, California 92614 tel 949.752.8585 fax 949.752.0597 www.jdtplaw.com . FAX COVER MEMO PLEASE DELIVER THE FOLLOWING MATERIAL AS SOON AS POSSIBLE Date: July 16, 2008 TO: Name: Les Johnson, Planning Director Company:, City of La Quinta Comm. Development Dept: Fax Number: 760 777-1233 Phone Number: 760777-7125 X Number of pages, including this page: 9 PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY., Please call 949.752.8585 and. ask for the Fax Center FROM: Name: Michael L. Tidus File No: 49003 . Client: Standard Pacific Homes Matter: City of La Quinta COMMENTS: . Please see my attached letter dated today's date. Thank you. CAUTION! CONFIDENTIAL! THE DOCUMENT BEING TRANSMITTED TO YOU MAY CONTAIN INFORMATION PROTECTED BY THE ATTORNEY-CLIENTIWORK PRODUCT PRIVILEGES. It is intended for the person to whom. it is addressed. If you are not the intended recipient or an authorized agent, then thls is notice to you that dissemination, distribution or copying of this document is prohibited. If this was received in error, please call us at once and destroy this document. • 801172.1 9.50.090 2. Manual on architectural and landscape standards: The planning commission shall, by resolution, adopt architectural and landscape manuals to be used as guidelines in reviewing landscape materials, architectural style, exterior building materials, colors, and mass and scale; 3. Architectural variety: Duplication of houses having the same architectural design features on the front elevation of other houses located within two hundred feet of each other shall make provisions for architectural variety by using different colors, roof treatments, window treatments, garage door treatments, and methods; 4. Minimum gross livable area: One thousand two hundred square feet, excluding the garage, as measured from the exterior walls of the dwelling; 5. Bedroom dimensions: A minimum ten -foot clear width and depth dimensions, as measured from the interior walls of the room; 6. Bathrooms: There shall not be less than one and one-half baths in one- or two -bedroom dwellings, and not less than one and three-quarter baths in dwellings with three or more bedrooms; 7. Exterior walls shall be cement plaster and may be accented with stone, brick, wood, or other similar materials; 8. Sloping roofs on new homes shall be constructed of clay, or concrete tile. Replacement of existing roofs shall also require the use of clay, or concrete tile, unless the community development director determines that the roof support structure will not support such materials. Building additions and accessory structures may have roofs of the same or similar materials as the existing home (All properties listed on the city's historic building survey shall be exempt from this requirement); 9. Landscaping: All front and exterior side yards shall be landscaped to property line; 10. The landscaping shall include trees, shrubs and ground cover of sufficient size, spacing and variety to create an attractive and unifying appearance. Landscaping shall be in substantial compliance with the standards set forth in the manual on architectural standards and the manual on landscape standards as adopted by the planning commission; 11. An irrigation system shall be provided for all areas required to be landscaped; 12. The landscaping shall be continuously maintained in a healthy and viable condition; 13. Screening: Refuse containers and bottled gas tanks shall be concealed by view -obscuring fencing or walls; 14. Underground utilities: All electric services, overhead wires, or associated structures must beinstalled underground; 15. Lighting: All exterior lighting shall be located and directed so asnot to shine directly on adjacent properties and shall comply with the dark sky ordinance; . 16. Fencing: Rear and side yards shall be completely enclosed and screened by view -obscuring fencing, walls, or combinations as illustrated in the manual on architectural standards; 17. Earth fill shall not exceed what is necessary to provide minimum required drainage to the street; 18. When there is a combined retaining and garden wall, and the retaining wall exceeds three feet, the garden wall shall not exceed five feet in height. (Ord. 361 § 1 (Exh. A) (part), 2001: Ord. 325 § 1 (Exh. A) (part), 1998) 9.50.100 ' RL district property subdivision development standards, ten acres or less, located south of Avenue 52. A. Applicability. The following development standards shall apply to all subdivisions less than ten acres in size located in the RL district, south of Avenue 5N, and west of Monroe. • B. Development Standards. 1. A minimum lot size of twenty thousand square feet shall be required, unless: a. The proposed subdivision establishesa minimum of twenty-five percent common area open space (exclusive of individual residential lots). The open space shall include amenities and features such as passive open space, trails, play areas or equipment, picnic facilities, recreational amenities, clubhouse facilities and/or active use parks. Retention basins may be considered as part of the twenty-five percent open space requirement provided they are designed as an integral part of the project, fully landscaped, and accessible for passive and active use. 233 (La Quinta 9-07) b. The minimum lot size within the proposed subdivision is equal to or greater than the minimum lot size of the residential lots within the abutting subdivided properties created prior to August 2, 2007. c. Driveway access should be consolidated with other neighboring properties. 2. Under no circumstances shall lots be less than ten thousand square feet in size. 3. A landscaped parkway of thirty feet in depth shall be required on all public streets. 4. All other development standards of the RL district, including but not limited to setbacks, building height and parking requirements, shall apply. ' • C. Official Zoning Map. The city's official zoning map shall identify as an overlay all properties potentially affected by these provisions. (Ord. 440 § 2, 2007) • CITY OF LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT PROJECT FORM CASE NUMBER TT 33336, EXT # 1 FEE LOGGED IN BY $1,000.00 PROJECT PLANNER (DATE RECEIVED 7/17/2008 DATE ASSIGNED YVONNE APPLICANT MAILING ADDRESS CITY PHONE PROPERTY OWNER PO MAILING ADDRESS PO CITY PO PHONE PROJECT LOCATION PROPOSED USE LEGAL DESCRIPTION - DEVELOPMENT PLANS' PUBLIC HEARING , NOTIFICATION PACKAGE REQUEST ARCH LAND REV COMM I I STAN STANDARD PACIFIC CORP it• 7/22/20081 RELATED APPS TT 33336 15326 ALTON PARKWAY _I IRVINE 949-789-16001 STATE 1ICA • FAX ZIP 92618 SAME PO STATE PO FAX ON AVENUE 58, 1/4 MILES WEST OF MADISON STREET Engineer / Surveyor - Adams-streeter Civil Engineering, Inc.; Contact: Nick Streeter; Tel:. (949) 474 - 2330; Address: 15 Corporate Park, Irvine, CA 92606 PALO VERDE DEVELOPMENT =TIME EXTENSION FOR THE 23 SINGLE FAMILY LOTS' WITH 4 COMMON AREA LOTS (1 PRIVATE STREET LOT AND 3 OPEN SPACE LOTS). THE LAST PHASE OF THE OVERALL DEVELOPMENT OF 8.0 ACRES. SA SDP EA TPM PM LLA COAPP SP TT TUP MA ZC VUP CUP SNC AMD EXT GPA MUP ZCA PR GPC APN # 762-240-042-9 ENVIRONMENTAL INFORMATION FORM SITE DEVELOPMENT PERMIT FILING FEE ENVIRONMENTAL INFORMATION FEE , SIGNATURE OF APPLICANT . ❑' ❑ SEARCH:FOR :RECORD .: •_';I $0.00 t ; . , t . {-?'.. SIGNATURE OF PROPERTY OWNERS M • 'PRINT -THIS RECORD ONLY TIME EXTENSION - PALO VERDE DEVELOPMENT LOCATED ON AVENUE 58, 1/4 MILES WEST OF MADISON STREET. (23 SF LOTS ON 8.0 ACRES)• - HIST PRES COMM PLANN COMM I t CITY COUNCIL CITY OF LA QUINTA • COMMUNITY DEVELOPMENT DEPARTMENT PROJECT FORM CASE NUMBER TT 33336 FEE DATE RECEIVED $4,050.00 1 1/26/2005 LOGGED IN BY PROJECT PLANNER DATE ASSIGNED 1 TIM - APPLICANT MAILING ADDRESS CITY PHONE ISTAN ll 1 /27/2005 ' RELATED APPS EA 2005-535 , GLC/DUC LA QUINTA, LLC 14107 WINCHESTER BLVD, SUITE H LOS GATOS 408-866-5511 STATE FAX ZIP 195032' PROPERTY OWNER RICHARDM. BAKER PO MAILING ADDRESS 80600 AVENUE 58 PO CITY LA QUINTA PO STATE CA 92253 - PO PHONE PO FAX I PROJECT LOCATION 80600 AVENUE 58 PROPOSED USE SFR DEVELOPMENT ON 10.04 GROSS ACRES. 24-RESIDENTIAL, 4 LOTS - 1 PRIVATE 1 STREET AND 3 OPEN SPACES - LOTS RANGE FROM 9,913 TO 11,215 SF I LEGAL DESCRIPTION 762-240-012 . DEVELOPMENT PLANS ❑ ENVIRONMENTAL INFORMATION FORM ❑ ENVIRONMENTAL INFORMATION FEE $0.00 f PUBLIC HEARING NOTIFICATION PACKAGE ❑ SITE DEVELOPMENT PERMIT FILING FEE ❑ SIGNATURE OF APPLICANT V SIGNATURE OF PROPERTY OWNERS ❑ REQUEST ARCH LAND REV COMM SA SDP EA TPM PM LLA COAPP SP, TUP MA ZC VUP CUP SNC AMD EXT GPA MUP ZCA PR GPC SEARCH FOR RECORD PRINT: THIS. RECORD;ONLY' SFR DEVELOPMENT ON 10.04 GROSS ACRES HIST PRES COMM PLANN COMM CITY COUNCIL Community Development Depal (Anent City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Les Johnson, Planning Director 3. In the event the Planning Commission disagrees that continued processing and/or an extension applies, Standard Pacific should be entitled to submit a new tentative map that includes lot sizes under 20,000 square feet because the subdivision is larger than 10 acres and. therefore La Quinta Municipal Code section 9.50.100 does not apply. Discussion 1. Background. Parcel Map No. 33609 ("PM # 33609") was approved by the City Council on July 19, 2005. PM #33609 covered a little more than 10 acres of land within the City of La Quinta. The purpose of PM #33609 was to divide the land into two separate parcels (a two -acre parcel and an eight -acre parcel). The two -acre parcel remained with the original property owner, Mr. Baker, and the eight acre parcel wasincorporated into Standard Pacific's Palo Verde project. A copy of PM #33609 is attached to this appeal letter as Attachment 1. The eight -acre parcel was eventually subdivided into 23 lots by TTM #33336, that was approved by the La Quinta City Council on July 19, 2005. A copy of TTM #33336 is attached to this appeal letter as Attachment 2. TTM #33336 has a shared entry condition with the adjacent Tentative Tract Map No. 32279 ("TTM #32279), that consists of 30 lots. TTM #32279 is attached to this appeal letter as Attachment 3. At the time TTM #32279 and TTM #333336 were approved by the City Council, zoning for the project site was RL, which required minimum 7,200 square foot lot sizes. Per the conditions of approval, there were no additional open space requirements.' Standard Pacific began building the improvements on Tract 32279. This included grading, streets, storm drains, curbs and gutters, sewer facilities and infrastructure, water facilities and infrastructure, dry utilities, perimeter walls, three model homes, eight single family homes, and eight foundation slabs. With regard to TTM #333336, rough grading plans were approved on March 26, 2006. On March 13, 2006, Standard Pacific posted a grading bond in the amount of $103,580. A "clear and grub" permit was also required so an additional $12,000 bond was posted by Standard Pacific. Rough grading was completed on June 1, 2006. Standard Pacific has invested approximately $11 million for acquisition of interrelated projects Tracts 32279 and 333336, including common facilities and complimentary facilities such as shared entry gates, shared access to the property, retention basins, and open space. The first plan check for the Final Map for TTM #33336 was submitted to the City on March 21, 2006. On April 21, 2006, Standard Pacific received comments back from the City. Two additional plan checks followed, and on November 3, 2006, the City provided final La Quinta Municipal Code section 9.50.100, which requires minimum 20,000 square foot lot sizes for projects under 10 acres, was adopted by the City Council in July 2007, two years after TTM #33336 and TTM #32279 were approved. Community Development Depar unent City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Les Johnson, Planning Director comments on the Final Map and requested plans to be placed on mylars with all required signatures. The mylars were prepared and immediately submitted to Coachella Valley Water District ("CVWD") for signatures. Pursuant to new procedures for Final Maps implemented by CVWD in 2006, CVWD required that Standard Pacific receive approval from the Riverside County Fire Marshall before CVWD would sign the mylars. The Fire Marshall's approval letter was submitted to CVWD on May 20, 2007. However, CVWD did not release the signed mylars until July 2, 2007. The mylars were then submitted to Imperial Irrigation District ("IID") on July 5, 2007. IID returned the signed mylars to Standard Pacific on July 27, 2007. Standard Pacific returned the fully executed mylars to the City on July 27, 2007, just 8 days after TTM #33336 was set to expire. 2. In the interest of fairness, the City should continue to process TTM #33336. The Subdivision Map Act only requires that the Final Map be "filed" (i.e., delivered) with the City Engineer before the expiration of TTM #33336. (Government Code, section 66452.6, subd. (d).) If the Final Map is submitted before expiration of the tentative map, the City can continue to process the Final Map after the expiration of the tentative map. (Id.) Due to other agencies'. delays in executing the Final Map mylars, Standard Pacific filed TTM #33336 on July 27, 2007. Had Standard Pacific not been delayed by almost 2 '/2 months in getting the executed mylars from CVWD and IID, it would have filed its Final Map with the City Engineer at least two months before the expiration of TTM #33336. Although the Fire Marshall's approval letter was submitted to CVWD on May 20, 2007, CVWD did not release the executed mylars to Standard Pacific until July 2, 2007. In addition, 22 days elapsed from the time Standard Pacific submitted the mylars to IID to the time it received the executed mylars back. Given these unique circumstances in submitting a Final Map just days after the tentative map expiration due to delays caused by other agencies, the City should, in the interest of fairness, treat TTM #33336 as being timely submitted and continue to process it in accordance with Government Code, section 66452.6, subdivision (d). 3. Even if the City refuses to continue to process TTM #333336, . the map should qualify for an automatic 3-year extension. Government Code, section 66452.6, subdivision (a)(1) provides for a 3-year extension on a tentative map upon the filing of a phased final map if the subdivider has been required to expend at least $178,0002 or more to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the tentative map. Standard Pacific has spent more than $208,000 on offsite improvements for TTM #33336, and over $360,000 for offsite improvements for TTM #33336 and TTM #32279 2 Under Government Code, section 66452.6, subdivision (a)(2), the $178,000 amount is increased annually, commencing on January 1, 2005, and each calendar year thereafter, according to the adjustment for inflation set forth in the statewide cost index for class B construction. Community Development Department City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Les Johnson, Planning Director combined in constructing, or financing the construction of, offsite improvements. Examples of these improvements are grading, streets, storm drains, retention basins, curbs and gutters, sewer facilities, water facilities, and dry utilities. Therefore, the dollar threshold under Government Code, section 66452.6, subdivision (a)(1) has been easily met. In addition, the phased map requirement of section 66452.6, subdivision (a)(1) is met by the fact that PM #33609 was filed first. Also, TTM #32279 and #33336 are literally different phases of the same Palo Verde project. This is evident by the fact that the areas covered by the two maps have shared access, shared facilities, complimentary facilities, etc. Also, as the City knows from its review and approval of the CC&Rs for the Palo Verde Community Association, one single homeowners association exists for the property covered by TTM # 32279 and 33336. The Palo Verde Community Association has been approved by the California Department of Real Estate. Based on the foregoing, TTM #333336 should receive an automatic 3-year extension under Government Code, section 66452.6, subdivision (a)(1) because Standard Pacific has spent more than $178,000 in offsite improvements (excluding rights -of -way improvements abutting the project) and has filed a phased map. 4. If the City refuses to continue to process TTM #33336 and refuses to grant an extension, Standard Pacific should be allowed to submit a new map that contains lot sizes under 20,000 square feet If the City considers TTM #33336 to be expired and not eligible for continued processing or an extension, then the property "defaults" back to the previously approved PM #33609. PM #33609 covers property in excess of 10 acres, and therefore is not subject to the 20,000 square foot minimum lot size requirements under La Quinta Municipal Code section 9.50.100, which only applies to "subdivisions less than ten acres in size." (See L.Q.M.C. section 9.50.100(A).) Under this scenario, Standard Pacific could submit an application for a new map (or re- submit TTM #33336) for the area covered by TTM #33336. However, the City should consider any new map as being exempt from section 9.50.100 of the City's Municipal Code. Any new map should be treated as a subdivision containing over 10 acres given the fact that (1) the underlying parcel map is over 10 acres, and the area to be subdivided was reduced by two acres only as the result of reserving two acres for the original property owner; and (2) when coupled with the rest of the Palo Verde project (e.g., TTM # 32279), the property is larger than 20 acres. As stated previously, the property covered by TTM #33336 should be considered in conjunction with the property covered by TTM #32279, as both properties contain shared and complimentary facilities, as well as a single HOA. Based on the foregoing, any new tentative map submitted by Standard Pacific should be considered over 10 acres, and thereby exempt from section 9.50.100 of the La Quinta Municipal Code. Thus, lot sizes on any new map submitted by Standard Pacific should only be required to meet the minimum lot sizes for projects over 10 acres, and should not be required to be a minimum 20,000 square feet. Therefore, if the City refuses to continue to process TTM #33336 Community Development Deparament City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Attn: Les Johnson, Planning Director or grant an extension, Standard Pacific requests that any new map submittal be treated as exempt from L.Q.M.C. § 9.50.100. Conclusions Standard Pacific has worked in good faith with the City and other approving agencies for the Palo Verde project, and has spent approximately $11 million in processing the Palo Verde project. Although Standard Pacific worked diligently to submit its Final Map to the City Engineer before expiration of TTM #33336, it was delayed from doing so due to no fault of its own. Based on these unique circumstances, Standard Pacific requests that the City treat TTM # 33336 as being timely submitted and continue to process it in accordance with the Subdivision Map Act. If the City is unwilling to do so, then Standard Pacific requests that the Cityagree that TTM #333336 is subject to the automatic extension provisions of Government Code, section 66452.6, subdivision (a)(1). Finally, if the City is not willing to accept either of these preferred approaches, Standard Pacific requests that it be allowed to submit a new tentative map which is not subject to the minimum lot size requirements contained in L.Q.M.C. section 9.50.100 given the fact that the underlying parcel map is over 10 acres, and the Palo Verde project as a whole is over 20 acres. Based on the foregoing, Standard Pacific requests that its appeal be calendared for a public hearing before the La Quinta Planning Commission within the next 30 calendar days to consider these items. Standard Pacific reserves the right to submit additional documentation and evidence in support of Standard Pacific's appeal. Very truly yours, Gregory P. Powers Cc: Kathy Jensen, Esq., City Attorney (via overnight mail) (w/ enclosures) Michael Tidus, Esq. (w/ enclosures) IN THE CITY OF %/NTA, COUNTY OF RIVERSIDE, STATE OF CALL -WA G Irl 3a SHEET 3 OF 4 SHEETS 4.1 AY-PS,ABUSN D RECORD P69 PARCEL NAP 19/77 IV I 166 Pi 's • ▪ .69 ITN III 4 • TRACT NO. 32279 BEING SUBDIVISION OF THE WEST HALF OF THE KESTHALF OF THE SOUIFINESTQUARTER OF DE E SOUTHEAST QUARTER OF SECTION 21, TOV 8SH IP 6 SCUM RANGE 7 EAST, SANBERNARDWOIERIDIAAINTHE CRYO LAQUWRCOUNTY OFRNERSIX STATE OF CALIFORNIA. wrr 21800490N 82110ARY NN97976T men 1 1406J s1 ft a2J acres N.•4436T 127.48' 2 �7r',745`0 f4011 sp. R. CID oars N8r•M76t 1.1111. 3 l440J so R. 424 acres N89•44 t 18a0 R I� a 74116' L2 7,14 N1, 4 (10 1452J Sq. R. 424 acres • I 1 N89.44761.() ,J89r CIS 5 ,461J sq. ft 424 acres NB9'N76T 1466r 1187747YF 6 •() IQ659 sp. 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NA MORN=GO M SW M a WIDE Ca asm ma MA nma.147,141C 25.011 sr 58 sm it rat <sars z61EDr› 28 27 (N6f107Sa Naar �-Paum •066IP (CAW NO REa 1 N6970TS'EI • i MCISI crCORNERzeD7�1 r E V2 E I7 r IWTEI3 A DE 0(A( MAD RR cr PARar2 1 - z NCWEERED / I LE77200 z DE 0rA( moss AREA $ and cross AGES 1 ALL DISTANCES A10AD7 SIRQT ROBS SHORN "NW DEDYNS RE REENT Dar DSTARCE ID IIRD IUCE000 A ALL PAACn CCRIVIS KL ESE 1RDMERIEO 8T A .(74• X /6' Ow ppr ■or FUZZ TUC MARKED LS BOTI (tREESS ODER/SE NODD) BASS A0Balms r DE 849S O REARMS FOR DIS HAP IS DE SCUDEMr LPa Or DE 957 CAE-IWV C DE EAST wE-1Wl Cr' DE SwDEAST 01E-OWRRR Er DE MORASS Re- ODARDR Cr 4Crlw 21 E 61,4 7 5. S81[ AS 90N OI !RACE 76051 MERCED a 60w Ea cr YAPS Ar PACES 69-70 O O7IDAL MOWS 0r 110 COuNIT K 120624E (E N 69025'E 1 CITY OF LA QUINTA, COUNTY OF RIVERSIDE STATE OF CALIFORNIA • PARCEL MAP 33609 i BEING A SUBDIVISION OF THE EAST HALF OF• THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECDON 21, TOWNSHIP 6 SOUTH, RANGE 7 EAST, SAN BERNARDINO MERIDIAN, IN 1HE , CITY OF LA OUINTA, COUNTY,OF RIVERSIDE, STAVE OF CALIFORNIA. ,04 44': SHEET 3 OF 3 SHEETS ) ESa5966 .ID roar Gs]QNr rag Raw PURPOSES RLCORDE0 AJAX 17. 1959 94 8001 2454 PAX 65 AS 1145111WfNr NA 2692 0' 0777124 &TOROS • B® rrov-075997 r normal EA4NErlr mow x aim 2 X04 AS Lams6Nr NO 20X-0957659 AAO LLNUARY 44 2004 AS 9151R(A020 NC 2004-00E959 BON d di104 • RECORDS ABASED BY EAYWR PdCCREED AM 2 X05 AS R5/RWQ 47 NO 2005-04 9X) O° 0710AL RECORDS • K0745410 21.26' N69YSL - N127409b' (R( 76B0' 7- r �8 b a ' PARCEL 1 I 8.00 ACRES ,. 24211' .. �- &614' } I s1 Pa u CCEs A AVENUE 58 / ,�__,� 145941125T 8 S1O24' �..� ri �1rm.45.2 2 , -IAA 27 — DETAIL A' f N&945'S6i man' ti. PARCEL 2 i- 1.70 ACRES 'it' 8:a d 2�'5'n' 19D' 200. S00' SCALE 1'- 100' al P&D CONSULTANTS, INC. 4911 MOSS 04,0000116 SWIM WIPETV,t46 n : MOO 441. Toe p1g191.59MC Zn•14n CRSCALE o' id0' 20' Se 4o' BD' 120' SCALE 1'. 40' 1/4 4. ANaean,,.,,F i� 7 E 0 0 of 0 0 00 W J LOT D • • • • • • • • • • • .• 7V 304171 ,1 4 5 • o {1.0.417.0 1.1.4151.1- PO.= I WO ssle 11.17 eL el.S10 14 vaes 62. • (11.4441.1. SUSI ssie 1410.4.5 LOT EXHIBIT TRACT NO. 32279 LOTS 1-30, 33336 LOTS 1-23 THE E 1/2 OF THE W 1/2 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 21 T.6S, R.7E, S.8.1.1. 7 ' : Pot...461113 PA1.1.0311 I tam," MM. .• 10.1,11 - CHERRYWOOD PLACE • 1 g t 2 MS. n. • P00-483.2 1 PI....... ma) ... tact .... PI0.160.11 I I il PAICE1 I 1. PM N2 2X09 • 1 I. WS) se S. IS10.407.4 1,0-4.613.9 1,01:1.44.0.4 Mete mil. 11.00 es le 1•41/..64.6 Lary 10 1061 I V •-29 ,,,,van.artal 0111. Pt.. 11/11.41.7.9 • M.*. " -t- rs 24 r3 12 2/ 20 V i 13 • . P00.64.1 ' ..... 1 AID.63.2 1, P4.0.01.0 . P... .0....65.4 , ONID.4.44.4 0,63-40-1 ..... . ..,, .... .... • 1 .. ,...- , A "f'-' 1. . . . . TRACT 32279 P00.46(1.9 ' 4 P... 1 1,40.676 .2 1 0,3-7 au 5 mar a• • 1 0 4 I a I a •11.41., .q Maud 04 6 • .... .... .. ..g., u, .... MON es ft 'MIRO ... . ..3.1 .• R. OW as. II. a.. •• • , Llse . n. I I I I I I I I I I I I I . I I • . • I I AS , IR 1 9 9 6 1 • . . .• . . . (- PREPARED FOR: • LOT 17-! PREPARED BT: - s a ADAMS • STREETER CIEE025 O. 0.6.1 • PLOT DATE: D9-11-07 r r City of La Quinta Engineering Dept. Attn: Jesse Jimenez P. O. Box 1504 La Quinta, CA 92253 MAP CHECKING LOG Tract Map No. 33336 29 Lots total, 23#, 6 lettered $1,000+$10/lot=$1,290.00 Additional Fee for extra checks: $600.00 RECEIVED RETURNED HECER9E OCT 28 CITY OF LA OUINTA PLANNING DEPARTMENT. PCN 06043 FIRST CHECK: 3/29/06 4/21/06 Sent map with numerous corrections to Adams Engineering via Fed Ex Comment: Numerous format corrections, cul-de-sac does not match County standard off -set CDS design; missing reference maps, title report does not agree with the map. SECOND CHECK: 7/15/06 8/10/06 Sent map with numerous corrections to Adams Engineering via Fed Ex Comment: Numerous format corrections, cul-de-sac does not match County standard off -set CDS design BUT Paul Goble authorized it through call with Tony; missing and busted traverses for letter lots, title report does not agree with the map. THIRD CHECK: 10/11/06 11/03/06 • Sent map with numerous corrections to Adams Engineering via Fed Ex Some corrections, but requested mylars once all changes made. FOURTH CHECK: 8/02/07 8/03/07 7/27/07: I received the mylars for Tr 33336 from the City today: I called Adams/Streeter for my previous check print which they should have included, as well as an updated title report since I haven't seen the map for over 9 months since last check. So I will hold it for 1 week pending their response and return the mylars to them, if they don't provide the required backup. Received mylars, City Clerk's Certificate was misplotted, wrong name for City Clerk, ink stains on a map sheet. Rejected mylar returned via Fed Ex to engineer to correct. FIFTH CHECK/FINAL: 8/09/07 8/10/07 Returned signed mylars to the City with approval via Fed Ex. Additional invoice for $600.00 included. tF LT WAR M i Sta'13t5N-k kLLr ca9MPLtA V-{CCU{ 'rite 1-0 W e v-MD U L '7 t1(L60P ,64 6 b vultctk 6 PRIok- Gx fr‘i to,.( DK c r Page 5 of 8 CONFIDENTIALITY NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 1&U.S.C. §§§§ 2510- 2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender, (760) 777-7088, that you have received the message in error, then delete it. Thank you very much for your cooperation. From: Houston, Michael [mailto:mhouston@rutan.com] Sent: Tuesday, October 28, 2008 10:18 AM To: Ed Wimmer; Les Johnson; David Sawyer Cc: Tim Jonasson; Jenson, Kathy Subject: RE:. Tr 33336 Log Thanks Ed, What Les and I are trying to get to the bottom of is whether the applicant timely filed a final map that "substantially complied" with the approved TTM. I note that the March 26, 2006 entry on the log indicates that there were a number of, revisions that had to be made, including cul-de-sacs to reg and conformity with the title report. Were these required revisions because the map didn't meet substantial compliance with the TTM or where they more minor in nature? As you know GC section 66452.6(d) gives an applicant the benefit of a timely filing even if the City has to take "subsequent actions". As a result, we're trying todetermine if the applicant met this at the time it filed the map (or if not, if it did so prior'to the 6/19/07 deadline). We don't want to give them total leeway if they didn't meet our requirements but if there is a good faith basis to conclude that their filed map met substantial compliance before 6/19/07 we want to know that so Planning staff can provide the correct answer to the PC. Michael Michael R.W. Houston Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 714-338-1859 Direct 714-546-9035 Fax mhoustonerutan.com www.rutan.com Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to beused, and cannot be used, by the recipient for the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions. Privileged And Confidential Communication. This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly. prohibited. Please consider the environment before printing this e-mail. From: Ed Wimmer [mailto:ewimmer@la-quinta.org] Sent: Tuesday, October 28, 2008 10:02 AM To: Les Johnson; David Sawyer Cc: Tim Jonasson; Houston, Michael Subject: FW: Tr 33336 Log Here is the City Surveyor's Plan Check Log: On June 19, 2007 (the date the tentative map expired),the developer had a request for signed mylars from November 3, 2006. The signed mylars didn't actually come in until well after the tentative map expiration date. 10/28/2008 Page 7 of 8 Ed Wimmer, P.E. Public Works Department Development Services Phone: (760) 777-7075 Fax: (760) 777-7155 Our Mission...to enhance the quality of life in the City of La "Quinta by providing world class customer care and the highest quality design, construction &" maintenance of public & private projects that respect the natural beauty of the City. Please consider the environment before printing this email l 10/28/2008 Page 8 of.8 CONFIDENTIALITY NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§§§ 2510- 2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender, (760) 777-7088, that you have received the message in error, then delete it. Thank you very much for your cooperation. • From: enelson200@aol.com [mailto:enelson200@aol.com] Sent: Tuesday, October 28, 2008 9:34 AM To: Ed Wimmer Subject: Tr 33336 Log Hi Ed, Attached is the progress log for this project. If you need other information on it, it may take a little time but I can pull the map check file from the dead storage. Thanks, Eric McCain or Obama? Stay updated on coverage of the Presidential race while you browse - Download Now! 10/28/2008 } CONFIDENTIAL CORRES P0 4 J Page,1 of 8 David Sawyer From: Houston, Michael [mholston@rutan.com] Sent: Tuesday, October 28, 2008 1:22 PM :To; Ed Wimmer; Les Johnson; David Sawyer Cc: Tim Jonasson Subject: RE: Tr 33336 Log Expiration was June of 2007, so it seems they were. Michael R.W. Houston Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 714-338-1859 Direct 714-546-9035 Fax mhouston@rutan.com www.rutan.com Any tax advice contained in the body of this e-mail (and any attachments, thereto) was not intended or written to. be used, and cannot be used, by the recipient for the purpose of avoiding penalties that may be. imposed under the Internal Revenue Code or applicable state or local tax law provisions. Privileged And Confidential Communication. This electronic transmission, and any documents attached hereto; (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly prohibited. Please consider the environment before printing this e-mail. • From: Ed Wimmer [mailto:ewimmer@Ia-quinta.org] Sent: Tuesday, October 28, 2008 1:19 PM To: Les Johnson; David Sawyer; Houston, Michael Cc: Tim Jonasson Subject: FW: Tr 33336 Log According to our City Surveyor, their submittal was not substantially compliant until October 2006 (well after their tentative mapexpiration date). 10/28/200.8 Page 2 of 8 Ed Wimmer, P.E. Public Works Department Development Services Phone: (760) 777-7075 Fax: (760) 777-7155 Our Mission...to enhance the quality of life in the City of La Quinta by providing world class customer care and the highest, quality design, construction & maintenance of public & private projects that respect the natural beauty of the City. Please consider the environment before printing this email. 10/28/2008 Page 3 of 8 CONFIDENTIALITY NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. §§§§ 2510- 2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, • • distribution, or copying of this communication is strictly prohibited. Please reply to the sender, (760) 777-7088, that you have received the message in error, then delete it. Thank you very much for your cooperation. • From: enelson200@aol.com [mailto:enelson200@aol.com] Sent: Tuesday, October 28, 2008 12:41 PM To: Ed Wimmer Subject: Re: Tr 33336 Log Hi Ed, The first two checks of Tract 33336 completed in 2006 had significant discrepancy with the tentative map and conditions of approval. This included the cul-de-sac design which did not comply with the Riverside County design' format, as required by the City conditions, as well as owners shown on the map which did not agree with the title report provided. , These problems were substantially remedied at third check submittal in October, 2006. Corrections remaining in the third check review were regarding calculation and closure issues. These were mathematical errors which I felt could be corrected and the mylar accepted for final review and technical• approval by me. My opinion is that the third check submittal, but not the second check, could be considered as substantially compliant from a technical stand point for the final map. Any other issues regarding the subdivision agreement, the improvement plans, bonds, etc. were of course, under other's review. Thanks, Eric Nelson, PLS Original Message From: Ed Wimmer <ewimmer@la-quinta.org> To: enelson200@aol.com Cc: Tim Jonasson <tjonasson@la-quinta.org> Sent: Tue, 28 Oct 2008 10:49 am Subject: FW: Tr 33336 Log Hi Eric, Question below about the March 26, 2006 entry. It may require you to access the archive after all. Thanks, Ed 10/28/2008 Ed.Wimmer, P.E: Public Works Department Development Services Phone:. (760) 777-7075 Fax: (760) 777-7155 1 Our Missiod..to enhance the quality of life in the City of La Quinta by providing world class customer care and the highest quality design, construction & maintenance of public & private projects that respect the natural beauty of the City._ Please consider the environment before printing this email. • 10/28/2008 •1, CONFIDENTIAL CORRESPONDS Standard Pacific's Withdrawal of Appeal Page 1 of 1 Carolyn Walker From: Steve Bennett [SBennett@jdtplaw:com] Sent: . Monday, November 10, 2008 5:09 PM To: Les Johnson; dsawyer@la-quinta.or; Stan Sawa; Ed Wimmer; Carolyn Walker; Jenson, Kathy Subject: Standard Pacific's Withdrawal of Appeal_ Attachments: 1961_001.pdf Attached please find correspondence dated today's date from Gregory P. Pow ers. Please contact Mr. Powers' directly if you have any questions. Thank you. . «1961_001.pdf» Steve Bennett Legal Assistant to Michael L. Tidus, Alene Taber and Gregory Powers Jackson, DeMarco, Tidus & Peckenpaugh 2030 Main Street, 12th Floor Irvine, California 92623-9704 ( 949) 752-8585 - Main ( 949) 851-7637 - Direct sbennett@jdtplaw.com 6► Please consider the environment before printing this e-mail. *********************'******************************************************* This message.is intended only for the designated.recipient(s). It may contain confi U.S. Treasury Circular 230 Notice Any U.S. federal tax advice included in this communication (including any attachment ***************************,************************************************* received NOV* 12 2008 C ly of W Quint° Planning Department 11/12/2008 CON.FI.DENTL CORRESPON DENC K • Page 1 of 2 Carolyn.Walker From: Jenson, Kathy [kjenson@rutan.com] Sent: Wednesday, September 24, 2008 7:47 PM To: mtidus@jdtplaw.com Cc: Les Johnson; Carolyn Walker Subject: FW: Standard.Pacific - TT 33336 Attachments: 2958_001.pdf Hi Michael: I understand the City faxed you the attached letter today. While the City is not legally required to do so, Les Johnson requested that I bring to your attention the appeal procedures in the La Quinta Municipal Code that would cover an appeal of Mr. Johnson's.determination. Code Section 13.12.140 provides that a subdivider may appeal the decision of the Planning Director (who acts as the "Advisory Agency" under the City's Code) regarding tentative subdivision matters. I am attaching the text of that section for your information. If your client wishes to dispute Les Johnson's determination to not process the time extension request based on his conclusion that it was not timely, your client should submit an appeal pursuant to this section within 10 calendar days after the date of his letter. (My copy of the letter was dated Sept. 19th, but my understanding was that it was dispatched today [Sept. 24]). You would have 10 days from Sept. 24th to file an appeal. If an appeal is filed, the matter can be heard by the Planning Commission, and ultimately appealed to the City Council if your client is not satisfied with the decision of the Planning Commission. The procedures are spelled out in the code. Please feel free to contact me if you have questions. I will be up at the League of Cities conference for the next two days, but will be available by e-mail and cell phone. (714) 273-4004. • Les or Carolyn, Can you please state the current appeal fee by a reply to all e-mail. Here is the appeal section. If you want to look at any other code section, they are all on line at www.la- quinta.org. 13.12.140 Appeals. A subdivider or any other interested party may appeal a decision of the.advisory agency or the planning commission by using the following procedures: A. Appeal of the Advisory Agency Decision. Within ten calendar days after the date of the decision by the advisory agency, a written appeal, accompanied by the appropriate filing fee, may be submitted to the community development department. The "date of decision" shall be either the time a formal noticed hearing is held or the date noted on correspondence mailed to the subdivider indicating .the staff decision. The appeal shall state the item to be appealed and the reason for the request. The community development director shall set the matter for hearing before the planning commission within thirty days after the date of filing the appeal. Written notice of the hearing shall be provided by mail to the subdivider, the property owner and those property owners or individuals originally noticed at the time of the first public hearing. B. Appeal of the Planning Commissions Decision. Within ten calendar days after thedate of the decision by the planning commission, a written appeal, accompanied by the appropriate filing fee, may be submitted to the community development department. The city clerk shall set the matter for hearing before the city council. The hearing on the appeal shall be held not more than thirty days from 9/25/2008 Page 2 of 2 the date of receipt of the appeal and shall. give written notice of the hearing to the subdivider, property owner, and those property owners or individuals originally noticed at the first public hearing. (Ord. 356 § 1 (part), 2000: Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) M. Katherine Jenson Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 714-641-3413 Direct 714-546-9035 Fax kjenson@rutan.com www.rutan.com Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used, and cannot be used, by the recipient for.the purpose of avoiding penalties that may be imposed under the Internal Revenue Code or applicable state or local tax law provisions. Privileged And Confidential Communication. This electronic transmission, and any documents attached hereto, (a) are protected by the Electronic Communications Privacy Act (18 USC §§ 2510-2521), (b) may contain confidential and/or legally privileged information, and (c) are for the sole use of the intended recipient named above. If you have received this electronic message in error, please notify the sender and delete the electronic message. Any disclosure, copying, distribution, or use of the contents of the information received in error is strictly, prohibited. Please consider the environment before printing this e-mail. 9/25/2008 **************************************************************************** This message is intended only.for the designated recipient(s). It may contain . confidential or proprietary information and may be subject, to the attorney -client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. 'If you receive this in error, please notify the sender by reply ,e-mail and delete this message. U.S. Treasury Circular 230 Notice Any U.S? federal tax advice included in this communication. (including any attachments) 'was not intended or written to be used, and cannot be used,, for the purpose of (i) avoiding U:S. federal tax -related penalties. or (ii) promoting, marketing, or recommending to another party any 'tax related matter addressed herein. 3 if :.Carolyn Walker '0. „: From: Sent: To: Cc: Subject: Carolyn Walker Friday, September 26; 2008 10:26 AM 'Michael Tidus' ( Les Johnson; Kathy Jenson (kjenson@rutan.com) ,RE: Standard Pacific - TT 33336 Mr. Tidus: The fee for an Appeal to the Planning Commission is $175.00 If you need any additional information, please contact us. Thank you.. Carolyn Walker, Executive Secretary Planning Department City of La Quinta 760-777-7118 cwalker@la-quinta.org r Original Message- --- From: Michael Tidus [mailto:MTidus@jdtplaw.com] Sent:- Wednesday, September 2.4 2008 9:00 PM To:.kjenson@rutan.com Cc: Les Johnson; Carolyn Walker Subject: Re: Standard Pacific - TT 33336 Thank you. We will talk to you soon. Michael Tidus 714 321 4422 Original Message From: Jenson, Kathy <kjenson@rutan.com> To:' Michael Tidus CC: Les Johnson <Ljohnson@la-quinta.org>; Carolyn Walker <cwalker@la-quinta.org> Sent: Wed 'Sep 24 19:47:00 2008 Subject: FW: Standard Pacific - TT 33336 Hi Michael: I understand the City faxed you the attached letter today. While the -City is not legally required to do so, Les Johnson requested that I bring to your attention the appeal procedures in the La Quinta Municipal Code that would cover an appeal of Mi. Johnson's determination,. - Code Section 13.12.140 provides that a subdivider may appeal the decision of the Planning Director (who acts as the "Advisory Agency" under the City's Code) regarding. tentative subdivision matters. I am attaching the text of that 'section for your information. If your client wishes to dispute Les Johnson's determination to not process the_time extension request based on his conclusion that it was not timely, your client should submit an appeal pursuant to this section within 10-calendar days after the.date of his letter. (My copy of the letter was'dated Sept. 19th, but my understanding was that it was dispatched today [Sept. 24]). You would have 10 days from Sept. 24th to file an appeal. If an appeal is filed, the -matter can be heard -by the Planning Commission, and ultimately appealed to the City Council if your client is not satisfied with the decision of the Planning Commission. The.procedures are spelled out in,the code. Please•feel free to contact me if you,have questions. I will be up at the League of Cities conference for the next two days, but will be available by e-mail and.cell phone. (714) 273-4004. 1 1 Les or Carolyn, Can you please state the current appeal fee by a reply to all e-mail. Here is the appeal section. If you 'want to look at any other code section, they are all on line at www.la-quinta.org. 13.12.140 Appeals. A subdivider or any other interested party may appeal a decision of the advisory agency or the planning commission by using the following procedures: A. Appeal of the Advisory Agency Decision. Within ten calendar days after the date of the decision by the advisory agency, a written appeal, accompanied by the appropriate filing fee, may be submitted to the community development department. The "date of decision" shall be either the time a formal noticed hearing is held or the date noted on correspondence mailed to the subdivider indicating the staff decision. The appeal shall state the item to be appealed and 'the reason for the request. The community developmentdirector shall set the matter for hearing before the planning commission within thirty days after the date of filing the appeal. Written notice of the hearing shall be provided by mail to the subdivider, the property owner and those property owners or individuals originally noticed at the time of the first public hearing. B. Appeal of the Planning Commissions Decision. Within ten calendar days after the date of the decision by the planning commission, a written appeal,. accompanied by the appropriate filing fee, may be submitted to the community development department. The city clerk shall set the matter for hearing before the city council. The hearing on the appeal shall be held not more than thirty days from the date of receipt of the appeal and shall give written notice of the hearing to the subdivider, property owner, and those property owners or individuals originally noticed at the first public hearing. (Ord. 356 § 1 (part), 2000: Ord. 295 § 1 (part), 1997; Ord. 272 § 1 (part), 1995) M. Katherine Jenson Rutan & Tucker, LLP 611 Anton Boulevard, 14th Floor Costa Mesa, CA 92626 714-641-3413 Direct 714-546-9035 Fax kjenson@rutan.com www.rutan.com <http://www.rutan.com> Any tax advice contained in the body of this e-mail (and any attachments thereto) was not intended or written to be used, and cannot be used, by .the recipient for the purpose of avoiding penalties that may be imposed under the Internal• Revenue Code or applicable state or local tax law provisions. Privileged And Confidential Communication. This electronic transmission, and any documents attached hereto, (a) are protected by the. 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