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HomeMy WebLinkAbout25092RESOLUTION NO. 25092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE- YEAR EXTENSION OF TIME FOR CASE NO. TTM 37935; A TENTATIVE TRACT MAP FOR A ONE -LOT SUBDIVISION FOR CONDOMINIUM PURPOSES (45 RESIDENTIAL UNITS) ON BLOCK B OF THE DOWNTOWN PALM SPRINGS SPECIFIC PLAN LOCATED AT THE NORTHEAST CORNER OF BELARDO ROAD AND MUSEUM WAY. THE CITY COUNCIL OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS: A. DTPS B-3, LLC ("Applicant') filed an application with the City, pursuant to Section 94.12.00 of the Zoning Code, for an extension of time ("Extension") for the entitlements associated with a 0.84-acre site identified as Block B of the Downtown Palm Springs Specific Plan ("Specific Plan") and located at the northeast corner of Belardo Road and Museum Way ("Site"), including Case No. 3.3908 MAJ, a Major Architectural Review approval to construct a six -story, 73,300-square foot mixed -use building with 45 residences and ground floor commercial uses on the Site; and Case No. TTM 37935, a Tentative Tract Map approval to subdivide the 0.84-acre property for condominium purposes to allow 45 for -sale residences within a proposed six -story, 73,300-square foot mixed -use building (the approvals associated with Case Nos. 3.3908 MAJ and TTM 37935, are collectively referenced herein as the "Project'). B. On January 14, 2021, the City Council conducted a public hearing on the Project; carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, and all written and oral testimony presented; and voted 5-0 to approve Case No. 3.3908 MAJ by adopting Resolution No. 24845 and 3-2 to approve Case No. TTM 37935 by adopting Resolution No.24846. C. On January 25, 2023, the Planning Commission of the City of Palm Springs, California, held a public hearing on the subject Extension in accordance with applicable law, accepted public comments on the matter, considered all evidence presented and unanimously recommended approval of the extension to the City Council. D. In accordance with the procedures and requirements of Section 94.12.00 of the Zoning Code, the City Council has evaluated the required findings and agrees with each as follows: 1. The requested extension of time is consistent with the General Plan and any applicable specific plan, and the proposed project remains consistent with those plans as they exist at the time the extension request is being considered, Resolution No. 25092 Page 2 The General Plan and Downtown Palm Springs Specific Plan designate the subject ' property as CBD (Central Business District). These land uses were not modified since the original approval of the project, and an extension of time would be consistent with the CBD land use designation, including a mixed -use development as proposed by this project. 2. The findings made in support of the original approval remain valid and are still appropriate; When approving the project applications, the City Council adopted Resolution Nos. 24845 and 24846 to construct the mixed -use building with 45 for -sale, residential condominiums. The Council found that the uses applied for were permitted by the Downtown Palm Springs Specific Plan and Palm Springs General Plan, and that the development met the architectural design guidelines in Section 94.04.00 of the Zoning Code. The project's layout, design and overall scope remain largely the same, including the minor revisions that were reviewed and approved by the Architectural Review Committee, and the proposal remains compatible with existing developments in the surrounding areas. Consequently, the findings in support of the original approval remain valid and still appropriate. 3. There have been no significant changes to the proposed project, or to areas within the geographic proximity of the proposed project that negates the appropriateness of the project, or new information concerning new or , substantially more severe environmental effects which would require a reevaluation of the project under the California Environmental Quality Act (CEQA); Since the original approval in January 2021, the Applicant has submitted revisions for review by the Architectural Advisory Committee (AAC or ARC). On May 3, 2021, the AAC approved a ground floor activation plan, which included additional sidewalk seating, sidewalk pavers, art pedestal, and Tivoli strand lighting. On July 5, 2022, the ARC approved changes to the elevations, courtyard and pool deck areas of the project. However, the approved changes were minor and did not result in increases in units or square footage. The only change occurring in the immediate geographic vicinity is the completion of the downtown park, which has added public open space to the area. Consequently, there have been no significant changes to the proposed project or to areas within the geographic proximity of the development that negate the appropriateness of the project. 4. The subject site has been properly maintained in accordance with the Property Maintenance Standards of this Title; There have been no code complaints on this property during the past two years, and I the site has been properly maintained. Resolution No. 25092 Page 3 5. The applicant has demonstrated convincingly and clearly that the project will be substantially underway within the extended period; The Applicant states the lender that financed the other retail buildings downtown has committed to finance the construction of the subject project and expects building permits to be ready by August 2023 with construction commencing in September 2023. Further, the DIR decision is anticipated to be resolved this year. Consequently, the project will be substantially underway with the one-year extended time period that is being requested. 6. The applicant has made reasonable, substantial and timely efforts to exercise the entitlement and advance the project, such as, but not limited to, the pre -payment of impact fees or submittal of permit applications; Since the project was approved, the Applicant has submitted architectural, construction and engineering plans to the City to demonstrate progress toward exercising the project entitlements. In November 2021, the first set of construction drawings were submitted to the Building & Safety Department for plan check review, followed by two revisions being submitted for review in March and June of 2022. Architectural revisions were submitted to the Planning Services Department, which were reviewed and approved on July 5, 2022. Finally, the Tract Map was submitted to the Engineering Services Department and has received two plan check reviews. Thus, the Applicant has made reasonable, substantial and timely efforts to exercise the entitlements. 7. Extenuating circumstances, not within the applicant's control, (financial inability and market conditions excepted), have prevented the applicant from exercising the entitlement within the initial time period granted, but that such circumstances are more likely than not to be removed in time for the applicant to substantially begin the project within the extended period. Given the project's association with the public -private partnership for the redevelopment of the downtown Fashion Plaza Mall, a unique and extenuating circumstance has occurred with the determination by the Department of Industrial Relations that the future phasing of the redevelopment, including the subject project, may be subject to prevailing wage, which would substantially alter construction labor costs. This has resulted in difficulty determining actual construction labor costs and hindered the Applicant in moving forward until further legal clarification is given, based on a pending lawsuit. Additionally, the Covid pandemic has caused delays in preparing, processing and finalizing construction plans for the project. Consequently, extenuating ' circumstances, not within the applicant's control, have prevented the Applicant from exercising the entitlements within the initial time period granted and these circumstances are anticipated to be removed by May 3, 2024. Resolution No. 25092 Page 4 E. On February 21, 2023, the City Council of the City of Palm Springs, California, , held a public hearing that was noticed in accordance with applicable law, to consider the subject Extension. At said hearing, the City Council carefully considered the staff report and all written and oral testimony given in association with the hearing. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: Section 1. That the findings and determinations reflected above are true and correct and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Section 2. On January 14, 2021, the Council determined the project entitlement applications we're consistent with the environmental analysis for the Specific Plan, including its EIR and Addenda. No further environmental review is required for this extension of time request, because the project does not involve greater density or intensity of uses and there are no changes that would be significant to the overall scope of the approved project. Section 3. Based on the foregoing, the City Council hereby approves a one-year extension of time for Case No. TTM 37935, from May 4, 2023, to May 3, 2024, subject to the previously imposed conditions in City Council Resolution No. 24846. ADOPTED THIS 21ST DAY OF FEBRUARY. 2023. Teresa Gallavan Interim City Manager Resolution No. 25092 Page 5 ' CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25092 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 21, 2023, by the following vote: AYES: Councilmembers deHarte, Holstege, Middleton, and Mayor Garner NOES: None ABSENT: None RECUSE: Councilmember Bernstein IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this \-crk- day of "Marc lk .2r92-3 A 44--� ' Brenda Pr , MMC, CERA, City Clerk City of Palm Springs, California