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Developers say Cinnabar Grove final map pull risks financing; council pulls item for further legal review
Summary
Developers told the council that pulling consent-item 6.3 for the Cinnabar Grove final map jeopardizes financing and construction sequencing; staff said the city attorney requested additional analysis and the council adopted the remaining consent items.
Developers and their contractors told the Calistoga City Council on Sept. 23 that the late removal of a final map for the Cinnabar Grove subdivision put business plans and permits at risk, and staff said the item was pulled so the city attorney could review newly surfaced information.
On the public-comment portion of the meeting, Amy Kristofferson Bolton, who identified herself as an owner of Kristofferson Builders of Santa Rosa, said her company had financing and investors lined up to acquire 13 lots and begin foundations before the winter rains. "This is a big deal for us to acquire 13 lots here," she said, adding that the surprise removal from the consent calendar could cost the builder "millions of dollars" if grading and foundation work is delayed.
Trent Sanson, who said he spoke for Civic Park, Cinnabar Grove LLC and Denova Homes, echoed the concern. Sanson said his team had pulled demolition and grading permits, site-development and house permits and believed its tentative map was vested; he said the city attorney asked staff to pull the item. "We are informed our item was pulled ... because if vesting tentative map is not vested, where we can test legally, our map has been vested," Sanson said. He added that the project involves 15 homes at 2008 Grant Street and that the developers had retained outside counsel and planned to notify the California Department of Housing and Community Development.
Nut graf: The council approved the remainder of the consent calendar but did not act on item 6.3. Staff said additional legal review was needed; developers warned of financial harm and said they would seek further remedies.
Interim City Manager Gleya told the council the item was pulled "for further analysis" after information came to staffand the city attorney at the last moment. Councilmember Eisenberg moved to adopt the consent calendar excluding the pulled item; a second was recorded. A roll-call vote approved the remaining items with all five members present voting aye.
The council gave no timetable for returning item 6.3. Council and staff said they would attempt to bring the issue back as soon as possible.
Ending: Developers said they would follow up with city staff and outside counsel; no formal action was taken on the final map at the Sept. 23 meeting.
