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APPL 2015 0001City of La Quinta 78-495 Calle Tampico La Quinta, Califomia 92253 PHONE: 760.777.7125 FAx: 760.777.1233 Accepted Assigned 30-Day By To Deadline APPEAL .OF .PLANNING DIRECTOR/COMMISSION. DECISION APPLICATION SECTION A'. "PROJECT INFORMATION REC E IVED JUN 2 2' 2015 CITY OF LA QUINTA OMMU RIT 9 LOPM —. r' Q JUN 19 2015 0 cffdPftltra COMMUNITY DEVELOPMENT DEPARTMENT Project Name: PGA West II Residential Association, Inc. Please identify the type of action being appealed: ❑ Planning Commission Decision ❑ Community Development Director Determination Other Notice of Public Nuisance 14-0966 Please identify each Community Development Case # and/or Condition(s) of Approval being appealed: Notice of PubIicJIuisanre 14 nQa6. �pec;flcauy. L(JAC A 60 030(G) Prohibited Fencing; Area .r Appeal of Planning Commission/Director Decision Application City of La Quinta • Planning Department • 760.777.7125 P:1Application Submittal-FormsAApplications.APL1APL Application•- 05.20.13.doc Pagel of 4 05.20.13 SECTION .S - STATEMENT OF APPEAL Please provide sufficient information so as to make clear each issue being appealed and. the grounds upon which your appeal is based. Please use additional sheets if needed. PIPaap see attached Ietf r rWatPd .Bing, 22. 2f114, frnm the Applicant's IPrgal rniincPt, flavirl M Peters, Esq., of Peters & Freedman, L.L.P. Appeal of Planning Commission/Director Decision Application City of La Quinta Planning Department.. 760.7777125 P:1Application Submittal Forms1Applications.APLWPL Application - 05.20.13.doc `Page 2 of 4 .05.20.1.3 SECTION C - APPLICANT/OWNER INFORMATION Applicant: PGA West II Residential Association, Inc., attn: Joanne Rose (760) 346-1161 (Name) (Phone) c/o Desert Resort Mgmt., 42-635 Melanie Place, Ste. 103, Palm Desert, CA 92211 jrose@drmintemet.com (Mailing Address) i (Email) Applicant Certification 1 certify that ► have read this appeal process. Applicant's Signature: its e 'rely and understand the City's Date: Print Name: Al Adams. Board President, PGA West II Residential Association, Inc. Owner Certification Board President of the 1 certify under the penalty of the laws of the State of California that 1 am then property owner of .the property that is the subject matter of this application . and 1 am :authorizing and hereby do consent to the filing of this application and acknowledge that the final approval by the City of La Quinta, if any, may results - 'ctio limitations and construction obligations being imposed on this real pr Owner/Authorized Agent Signature*: Print Name(s): Al Adams,,Board President, PGA West II Residential Association, Inc. SECTION D - APPLICATION SUBMITTAL REQUIREMENTS Additional information may be required based on review of the project description. Submittal waivers may be obtained through staff consultation, a pre -submittal meeting, or a preliminary review application. No applications will be accepted by mail. APPLICATION SUBMITTAL REQUIREMENTS — INITIAL (TO BE COMPLETED BY CITY STAFF) Submitted Waived Each of the following items is required for submittal. ' -# of * paper copies # of E- copies in DF (on CD- ROM) Waiver OK'd by (initials) FILING FEES ❑ NA Filing Fees Receipt 1 NA NA APPLICATION INFORMATION , ❑ NA Application w/Statement of Appeal 1 , NA NA Appeal of Planning Commission/Director.Decision Application City of La Quinta • Planning Department • 760.777.7125 P:1Applicatlon Submittal Fonns1Applications1APL.APL Application - 05.20.13.doc Page 3 of 4 05.20.13 SECTION E SUBMITTAL ITEM DESCRIPTIONS FILING FEES Filing Fees are to be paid at the time of application. As part of the submittal process you will be asked to pay your fees at the Finance Department counter and return to the Planning Department counter with the receipt showing payment of fees which will :be copied and .submitted along with the other application materials. REQUIRED AT TIME OF APPLICATION SUBMITTAL, Appeal of Planning Commission/Director Decision Application Fee: * Payable to City of La Quinta $1,573* APPLICATION INFORMATION Application: A City application form complete with all requested information and original signatures provided. Statement of Appeal: The statement of appeal portion (Section B) of the application explains what decision or portion of a decision is being appealed and why. Please be specific and cover all issues you wish to appeal. If you have any questions regarding filling out the Application, please contact the Community Development Department at (760) 777-7125. Appeal of Planning Commission/Director Decision Application City of La Quinta •'Planning Department • 760.777.7125 P:Wpplication Submittal Forms\ApplicatIons'APLtAPL Application - 05.20.13.doc Page 4 of 4 05.20.13 July 23, 2015 i ce4-01/.4.00flai fit Joanne Rose, Association Manager Desert Resort Management 42635 Melanie Place, Ste 103 Palm Desert, CA 92211 SUBJECT: REFUND OF FEES — APPEAL 2015-0001 NOTICE OF PUBLIC NUISANCE 14-0966 Dear Ms. Rose: In regard to the above referenced subject, we have received your letter of June 26, 2015, requesting withdrawal of the subject application. As a result, staff will process the following refund, in accordance with Chapter 9.260 (Fees): • A refund in the amount of $1,435.50 against the $1,595.00 paid by the PGA West II Residential Association, representing a 90% refund (Application accepted and fee receipted by department, but no processing begun). • Enclosed is a copy of the original check, receipts and application forms; the warrant request has been submitted and it will take approximately two weeks to process this refund. Should you have questions regarding this letter, please contact the undersigned at 760-777-7069 or via e-mail at wnesbit@la-quinta.org. Very truly yours, Wallace Nesbit Principal Planner Encl. c: Finance Department 78-495 Calle Tampico 1 La Quinta I California 92253 I 760.777.7000 I www.La-Quinta.org COPY PGA WEST, June 26, 2015 Mr. Les Johnson Community Development Director City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 REFERENCE: PGA WEST II RESIDENTIAL ASSOCIATION Notice of Appeal, Case No. 14-0966 RECEIVED JUN.2 9 2015 CITY OF LA QUINTA COMMUNITY DEVELOPMENT JUN 292015 CITY OF LA QUINTA COMMUNaT r'EVELOerMENT r4 Dear Mr. Les Johnson The Board of Directors of PGA WEST II RESIDENTIAL ASSOCIATION met today and voted to withdraw without prejudice the Appeal for Case No. 14-0966 effective immediately. The Board also voted to allow Mark Dodge and management to meet with the City to negotiate through your staff a permanent wall solution on 58th Street. We look forward to meeting with you at your earliest convenience to develop a plan and timeline to permanently resolve this issue with the City. If you have any questions regarding this request, please do not hesitate to contact Joanne Rose, CCAM, Association Manager, at 760/610-7750. Thank you for your anticipated cooperation. Sincerely," PGA WEST II RESIDENTIAL ASSOCIATION For the Board of Directors Joanne Rose, CCAM Association Manager cc: Board of Directors DAVID M. PETERS KEENAN A. PARKER JAMES R. McCORMICK JR. STEPHEN M. KIRKLAND CHRISTINA M. BAINE DeJARDIN TRACY M. FULLER UNKOWSKI GRANT W. HAMOR MICKEY JEW KYLE E. LAKIN LAURIE F. MASOTTO LAURIE S. POOLE ZACHARY R. SMITH SIMON J. FREEDMAN (RETJ PETERS & FREEDMAN, L.L.P. ATTORNEYS AT LAW 43100 COOK STREET, SUITE 202 PALM DESERT, CA 92211 Via Delivery at Planning Department Counter Frank J. Spevacek, City Manager c/o City Clerk City of La Quinta 78-495 Calle Tampico La Quinta, CA 92253 Re: Tel: (760) 773-4463 Fax: (760) 773-0919 June 22, .2015 PGA West II Residential Association, Inc. Our File No. 1204 Notice of Appeal, Case No. 14-0966 Dear Mr. Spevacek: mail@hoalaw.com www.hoalaw.com ENCINITAS OFFICE 191 CALLE MAGDALENA, STE. 220 ENCINITAS, CA 92024 Tel: (760) 436-3441 Fax: (760) 436-3442 ORANGE COUNTY OFFICE, 120 VANTIS, STE. 300 ALISO VIEJO, CA 92656 Tel: (949) 390-2977 Fax: (949) 335-9044 Please be advised that the law firm of Peters & Freedman, .L.L.P. represents the PGA West II Residential Association, Inc., ("Association") as corporate counsel. Our firm has represented the Association since its inception in early 1990's. The correspondence serves as the Association's Statement of Appeal of the City of La Quinta's ("City") Notice of Public Nuisance dated June 12, 2015 ("Notice"), with the above -referenced case number. Cited Violations: La Quinta.Municipal Code 9.60.030(G) Prohibited Fencing La Quinta Municipal Code 9.100.120 Outdoor Storage and Display La Quinta Municipal Code 9.60.240(E) Landscaping and Open Areas Historical Background: The above violations. reference Parcel 762-230-020,.legally described as Lot B of Tract No. 25499-3. Lot B was deeded to the Association by Sunrise Desert Partners ("Sunrise") in 1999. Lot B abuts 58th Avenue and the Association's emergency access gate at Interlachen. The Association has cyclone fencing consisting of chain link .and .fabric screening enclosing .a portion of Lot B .with June 22, 2015 Page 2 landscaping plants screening the exterior of the fence. A picture of the fence taken on June 18, 2015, is attached hereto. The City refers to this area as a "maintenance yard." This area is used for parking the Association's landscape trucks. To the Association's knowledge, the fencing has been in place well in excess of fifteen (15) years, i.e. prior to the time it was conveyed to the Association by the developer. On or about June 9, 2014, Association's Board President, Al Adams, and Property Manager, Joanne Rose ("Association Agents"), met with Les Johnson, Community Development Director, and David Sawyer, Planning Manager, of the City of La Quinta ("City Agents"). At .this meeting, the City Agents attempted to inform the Association Agents that the City had previously temporarily approved the fencing and use of this location with the developer and that the developer had, in fact, submitted plans and a deposit for improvements to Lot B. The meeting concluded with the City Agents admitting that there was a deposit. The Association also requested additional information as to the possible relocation of 58`h Avenue. The City further agreed to review City documents regarding the previously submitted plans and deposit from Sunrise and schedule a further meeting thirty (30) days later. Despite these representations and agreements, the Association did not hear from the City again on thisissue until the June 12, 2015 Notice of Public Nuisance ("Notice"). Appeal: A. The City Previously Approved the Conditions and Required that Plans and a Deposit be Submitted for Improvements: The City has a Deposit for Such Purpose The Association has no choice but to appeal the above cited violations based on the statements made by the City Agents at the June 9, 2014, meeting. The Association met in good faith with the City to review the fencing and was advised that the developer had previously submitted plans and a deposit and that temporary approval had been given for the improvements. While we are unaware of any documentation which supports that the approval was "temporary," this temporary approval is in keeping with the City's determination to delay compelling that the area be completed and requiring Sunrise to provide.a deposit. The City's records should indicate the genesis for this delay was future development of 58th Avenue to move the street south, which could have resulted in enlarging the Association's two lots, Lot B and. Lot C (on the other side of Interlachen) and impacting the location of a future permanent wall and landscaping. But not for this possibility, the City required that the area be completed many years ago; hence, again, the "disappearing" deposit. The seminal issue is why the deposit from Sunrise to complete this work is not being used. The only rational conclusion which can be drawn is that the City used this deposit for something other than was intended and represented to theAssociation. The Association relied, to its detriment, on the representations made by the City Agents, and based on such representations, took no further action as it understood that the City Agents would review their files as to prior submitted plans and deposited funds for this purpose, and possible relocation of 58t Avenue. The City Agents advised that they were going to conduct an investigation and return their findings to the Association and schedule a follow-up meeting. But not for the representations made by the City Agents, the Association would have taken steps to submit plans for either a wall June 22, 2015 Page 3 or other type of fencing.and appropriate use permits as maybe required. The Association strongly objects to these violations constituting.. "public nuisances" when the City Agents advised that the fencing and use had, in fact, been previously temporarily approved by the City and the City has had use of funds for improvements. The City Agents failed to take the actions they stated they would take, thus leaving the Association subject to further enforcement action by the City. B. Fencing Violation With respect to the specific fencing violations cited in the Notice, enclosed please find.pictures taken on June 18, 2015, of chain link fencing and sparse landscaping on 58th Avenue by Lake Cahuilla County Park and chain link fencing enclosing utility or water processing facilities on 58th Avenue with no landscaping. Enforcing code violations in one instance and allowing code violations in others is arbitrary and capricious. The violation also states that the "unpermitted maintenance yard" is "partially in City right of way." The definition of "right of way" in the La Quinta Municipal Code is "the entire width of property used for streets, highways, flood or drainage works, overhead or underground utilities, or.any related improvements. No information has been provided to the Association establishing the City's right of way on Lot B and which portion of the fencing is located "partially" in the City's right of way.' C. Outdoor Storage A review of the La Quinta Municipal Code provides that the violation cited applies to requirements for outdoor storage, sidewalksales, services stations, noise control and other special aspects of land use in "nonresidential districts:" Lot B is in a residential district. D. Landscaping and Open Areas A review of the perimeter wall on Lot B provides existing trees and landscaping. The City has not identified where additional landscaping is being required or whether the existing landscaping is deficient. Records Request: The Association is entitled to the records regarding conditions of development involving Tract 25499-3 and specifically Lot B, including the temporary approval of the fencing by the City, plans submitted by the developer for a permanent wall, and an accounting for the deposit submitted to the City. The City Agents failed to conduct their investigation and did not provide any documentation to the Associationsupporting their statements at the June 9, 2014, meeting. The Association is now compelled to concurrently submit a public records request for these documents, including, but not limited to, plans, permits, deposits, development agreements, conditions of development, planning and/or building department meeting minutes, notices, etc. June 22, 2015. Page 4 Conclusion: In conclusion, the City approved Sunrise to use Lot B in this manner. The City obtained a deposit to ensure that the subject property was ultimately improved to the City's standards. The concept that the City may no 'longer identify where these "deposits" were reallocated and now has chosen to attempt to compel the Association to pay for improvements which were already paid for by Sunrise is inappropriate. Association regrets that it is being compelled to appeal these violations when the parties had previously cooperated in.an attempt to address this matter, and the City failed to perform what it agreed to do to move this matter towards resolution. Unfortunately, the Association cannot make a meaningful determination as to the fencing and use of Lot B until it has all records concerning prior plans and conditions of development. We look forward to the City's prompt cooperation in locating the records requested. Sincerely, PETERS & FREEDMAN, L.L.P. Da id . Peters, Esq. DMP\jb_ Enclosures cc:. Board of Directors G:\I2\I204\DMP\Ltrs\City of La Quinta Appeal Ltr.lwpd.wpd • • 58' Avenue fencing by Lake Cahuilla County Park - June 18, 2015 • 58th Avenue fencing by Lake Cahuilla County Park - June 18, 2015 • • 586 Avenue fencing around water processing/utility facility - June 18, 2015 58th Avenue utility pole/lines/vacant lot across from PGA West 11 back gate entrance at Interlachen - June 18, 2015 Wally Nesbit From: Sent:. To: Cc: Subject: Gentlemen and Lady: FYI Anthony Moreno Friday, June 26, 2015 1:31 PM Moises Rodarte Wally Nesbit; Wanda Wise -Latta FW: Scanned image from MX-M700N Anthony Moreno Animal Control/Code Compliance Supervisor City of La Quinta 78495 Calle Tampico ° La Quinta, CA 92253 Ph. 760.777.7034 amorerio@la-quinta.org Website I Map From: Les Johnson Sent: Friday, June 26, 2015 12:08 PM To: Joanne Rose Cc: Mark Dodge; Anthony Moreno Subject: RE: Scanned image from MX- M700N Ms. Rose, Thank you: Looking forward to working towards'a permanent solution for the maintenance operations. Les Johnson Community Development Director City of La Quinta (760)777-7071 Original message From: Joanne Rose <JRose@drminternet.com> . Date: 06/26/2015 10:48 AM (GMT-08:00) To: Les Johnson <Ljohnson@la-quinta.org> Cc: Mark Dodge <mdodge@a,drminternet.com> Subject: FW: Scanned image from MX-M700N Hello Mr. Johnson, Please see the attached letter withdrawing the Appeal for PGA Res II, we look forward to meeting with yo! Joanne Rose - CCAM(r) Association Manager for PGA WEST II Residential Association DESERT RESORT MANAGEMENT - An Associa(r) Company 42-635 Melanie Place, Ste. 103, Palm Desert, CA 92211 760.346.1161 Phone 760.346.9918 Fax PGA WEST June 26, 2015 Mr. Les Johnson Community Development Director City of La Quinta 78495 Calle Tampico La Quinta, CA 92253 REFERENCE: PGA WEST II RESIDENTIAL ASSOCIATION Notice of Appeal, Case No. 14-0966 Dear Mr. Les Johnson RECEIVED JUN 2 9 2015 CITY OF LA QUINTA COMMUNITY DEVELOPMENT RECEIVED JUN 29/015 CITY OF LA QULNTA COMMUNM DEVEL017-74ENT The Board of Directors of PGA WEST II RESIDENTIAL ASSOCIATION met today and voted to withdraw without prejudice the Appeal for Case No. 14-0966 effective immediately. The Board also voted to allow Mark Dodge and management to meet with the City to negotiate through your staff a permanent wall solution on 58th Street. We look forward to meeting with you at your earliest convenience to develop a plan and timeline to permanently resolve this issue with the City. If you have any questions regarding this request, please do not hesitate to contact Joanne Rose, CCAM, Association Manager, at 760/610-7750. Thank you for your anticipated cooperation. Sincerely, PGA WEST II RESIDENTIAL ASSOCIATION For the Board of Directors Joanne Rose, CCAM Association Manager cc: Board of Directors 11.72.050 Abatement of public nuis s. Page 1 of 1 La Quinta Municipal Code Up Previous ( Next j Title 11 PEACE, MORALS AND SAFETY Chapter 11.72 PUBLIC NUISANCES Main 11.72.050 Abatement of public nuisances. Search Print I No Frames I A. Dangerous Buildings. The Uniform Code for the Abatement of Dangerous Buildings shall apply and preempt the provisions of this chapter whenever the public nuisance to be abated constitutes a dangerous building as defined in the Uniform Code for the Abatement of Dangerous Buildings. B. Notice of Public Nuisance. Upon determination that a public nuisance exists a notice shall be issued to the property owner. The notice shall read "Notice of Public Nuisance," in letters not less than one inch in height. The notice shall direct abatement of the nuisance, identify the nuisance by referring to this chapter, and contain a general description of the property sufficient to identify the location of the public nuisance. C. Service. The notice of public nuisance may be served by one of the following methods: 1. Personal service; or 2. Certified mail; or 3. Posting the notice at a conspicuous place on the premises where the nuisance is located or at the. abutting public right-of-way in addition to personal service or notice by certified mail. D. Time to Abate. Public nuisances shall be abated by the property owner no more than twenty-one days from the date of personal service or mailing the notice of public nuisance. If a public nuisance constitutes an immediate fire hazard, within five days of personal service or mailing the notice of public nuisance. E. Summary Abatement. Whenever a public nuisance exists which constitutes an emergency presenting imminent danger to life or serious injury to persons or property, an authorized representative of the city may order without notice or judicial action the immediate abatement of the public nuisance. F. Appeal Procedure. Within ten days from the date of personal service or mailing the notice of public nuisance the property owner may appeal the determination that a public nuisance exists to the planning commission. The appeal shall be in writing and filed with the city clerk. At a regular meeting not more than thirty days thereafter the planning commission shall proceed to hear and pass upon the appeal. The planning commission's decision may be appealed within ten days of the decision by written request to the city clerk. The city council shall hear the appeal at a regular meeting not more than thirty days from the date of request. G. Failure to Abate. If a public nuisance is not voluntarily abated after notification the following shall apply: 1. Prosecution. Failure to abate shall constitute an infraction pursuant to Section 1.01.200 of this code which provides for prosecution as misdemeanor upon committing three infractions. 2. City to Abate. The city may cause the public nuisance to be abated. The manner of abatement and costs incurred by the city to abate the public nuisance shall be; reported to the city council by the community safety director immediately following abatement. 3. Judicial Action. The city may commence a civil action in a court of competent jurisdiction to cause abatement of the public nuisance. Reasonable attorney's fees and costs may be collected by the city in any action to abate a public nuisance. (Ord. 160 § 1, 1989) View the mobile version. http://gcode.us/codes/laquinta/view.php?topic=11-11 _72-11 _72_050&frames=on 6/23/2015 Wally Nesbit From: Sent: To: Subject: Attachments: Priscilla Reyes Thursday, June 18, 2015 11:30 AM Wally Nesbit FW: Appeal of Notice of Public Nuisance Ave. 58. & Interlachen/PGA WEST 0730_001.pdf; 044.JPG; 045.JPG; 046.JPG; 058.1PG; 059.1PG From: Anthony Moreno Sent: Thursday, June 18, 2015 11:15 AM To: Priscilla Reyes Subject: FW: Appeal of Notice of Public Nuisance Ave. 58 & Interlachen/PGA WEST Anthony Moreno I Animal Control/Code Compliance Supervisor City of La Quinta 78495 Calle Tampico o La Quinta, CA 92253 Ph. 760.777.7034 amoreno@la-quinta.org Website I Map tan a©.% Ave. 58 & Interlachen/PGA WEST Les: From: Anthony Moreno Sent: Thursday, June 18, 2015 11:01 AM To: Les Johnson (Ljohnson@la-auinta.orq) Cc: Frank Spevacek; Kim Weiss; Moises Rodarte (mrodarte@la-quinta.org) Subject: Appeal of Notice of Public Nuisance Frank met with Mrs. Coviello from the Quarry where she expressed concerns about the issues at PGA West. The issues on the exterior of the gated community on Ave. 58 & Interlachen included unpermitted chain link fencing, unpermitted maintenance yard/outdoor storage in right of way without a C.U.P., stockpiled fill dirt, employee parking, storage of trash dumpsters without a block wall enclosure, the placement of 40' cubic feet metal storage containers without permits, and no perimeter landscaping. After issuance of a Courtesy Notice, they resolved and removed: 1) the stockpiled fill dirt, employee parking, trash dumpster storage, and large metal containers. ❖ After corrections the remaining issues are: 1) unpermitted chain link fencing, 2) outdoor maintenance/storage yard without C.U.P., and 3) no perimeter landscaping. ❖ Code Compliance then sent a Notice of Public Nuisance on June 12, 2015 addressing these issues, which provides 10 days to appeal. ❖ Joanne with the HOA, and an additional representative called "to dispute the violations. They were advised_the City is pursuing the violations, with an expectation to have them corrected. • Consequently; today Jo:Burnett called from Petersen,; Friedman (760-436-3441) etc. to request -an appeal form; and inquired about fees. I will send her the appropriate appeal form, and'confirm the fees on the City's website, and with our Planning Division. 1