HomeMy WebLinkAbout1/3/2001 - STAFF REPORTS (7) DATE: January 3, 2001
TO: City Council
FROM: Director of Planning & Building
CASE NO. 5.0760-A-PD 249 - APPLICATION BY ERIC HEMSTREET FOR A SIX (6)
MONTH TIME EXTENSION TO COMMENCE CONSTRUCTION ON AN APPROVED
FINAL DEVELOPMENT PLAN, FOR APPROVED PLANNED DEVELOPMENT249, Y
BELARDO GARDENS. THE PROPERTY IS LOCATED ON THE NORTHWEST CORNER
OF BELARDO ROAD AND SUNNY DUNES ROAD, PD 249, SECTION 22.
RECOMMENDATION:
The Planning Commission recommends that the City Council grant to the applicant an
additional six months to commence substantial construction.
SUMMARY:
The project had received approval and permits had been issued. The property was in
escrow, but the escrow was subsequently canceled. Therefore, the applicant requests an
additional time extension as he is in the process of deciding whether or not to develop the
project himself. The Planning Commission at its December 13, 2000 meeting voted 4-0
(Caffery, Raya and Schoenberger absent) to grant the requested time extension.
BACKGROUND:
During its meeting of October 14, 1998, the Planning Commission approved final
development plans for Planned Development 249, Belardo Gardens. Belardo Gardens is
proposed to be a 140-unit assisted living facility located at the northwest corner of Belardo
Road and Sunny Dunes Road. The applicant, Eric Hemstreet, submitted requests for six-
month time extensions on April 28, 1999 and October 15, 1999. On December 22, 1999,
the Planning Commission granted a six-month extension for Mr. Hemstreet to commence
construction of the approved final development.
On January 19, 2000, Harry Berkowitz submitted a letter indicating he was in escrow to
purchase the project and requested an extension to October 14, 2000. On January 26,
2000, the Planning Commission granted a six-month time extension to commence major
construction, said extension to expire October 14, 2000.
On October 12, 2000, Eric Hemstreet submitted a letter via fax stating that the escrow had
been canceled. In this letter, Mr. Hemstreet requested a six-month extension and indicated
that he is "now in the process of deciding whether or not to develop the project myself."
The Building Department reports that the Building Code allows for a plan check to remain
active for 180 days with the possibility to extend the plan check, one time only, for another
180 days, making a total allowable plan check duration of one year. The Building Code
requires any new submittal to meet all requirements of the new code in effect at the time
of resubmittal.
Case 5.0760-A-PD 249 Time Extension Staff Report
January 3, 2001
Page 2
The Planning Commission, at its December 13,2000 meeting, recommended 4-0(Caffery,
Raya and Schoenberger absent) to grant the requested time extensionn to commence
substantial construction at Belardo Gardens. If approved, the new expiration date would
be April 14, 2001.
Director 6f Planning and Building
City Manager
ATTACHMENTS:
1. Vicinity Map
2. Letter from Applicant
3. Draft Minutes of 12-13-00 Planning Commission Meeting
4. Resolution
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10/12/2000 14:12 76031801.60 HEMSTREET CAPITAL PAGE 01
To: Doug Evans &Palm Springs City Council
This is my formal request for a six(6)month extension for my project
(Belardo Gardens) P.D. 249.
My project was in escrow to be sold, however that escrow has been
cancelled.
I am now in the process of deciding whether or not to develop the
project myself.
Thanks for your consideration:
air 14
Eric Hemstreet
Sole and Managing Member of
J.E.H.,LLC
A California Limited Liability Company
Page 2 of 8
December 13, 2000
Planning Commission Minutes
CONSENT AGENDA:
Case 5.0760—Application by Eric Hemstreet for a six-month time extension from the time of
final development approval to commencement of substantial construction of Belardo Gardens,
an assisted living facility located at the northwest corner of Belardo Road and Sunny Dunes
Road, Zone PD 249, Section 22.
M/S/C (Matthews/Klatchko 4-0, 3 absent) to approve subject to conditions in staff report.
RESOLUTION NO. 19966
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A TIME EXTENSION TO APRIL
14, 2001 TO COMMENCE CONSTRUCTION ON AN
APPROVED PLANNED DEVELOPMENT 249, BELARDO
GARDENS, LOCATED AT THE NORTHWEST CORNER OF
BELARDO ROAD AND SUNNY DUNES ROAD, SECTION 22.
WHEREAS, during their meeting of October 14, 1998, the Palm Springs Planning
Commission approved final development plans for Planned Development 249, Belardo
Gardens; and
WHEREAS,the property was in escrow to be purchased, but the escrow was subsequently
canceled; and
WHEREAS, Mr. Hemstreet (the "Applicant") has requested a six-month time extension to
commence substantial construction indicating that he is now in the process of deciding
whether or not to develop the project himself; and
WHEREAS, detailed construction plans consistent with the approval were submitted and
permits were ready for issuance, but said permits have since expired, thus requiring the
submittal new plans showing revisions that comply with new Building Codes in effect at the
time of submittal;
WHEREAS, the Planning Commission considered the time extension for the Project at its
duly noticed meeting of December 13, 2000; and
WHEREAS, the Planning Commission reviewed all evidence provided, including the staff
report dated December 13, 2000 and all other written and oral testimony, and approved a
time extension to April 14, 2001 for the commencement of major construction on an
approved final development planned for approved Planned Development 249, Belardo
Gardens;
WHEREAS, notice of a public meeting of the City Council of the City of Palm Springs to
consider Applicant's application for a time extension to April 14, 2001 for the
commencement of substantial construction on an approved final development planned for
Planned Development 249, Belardo Gardens was given in accordance with applicable law;
and
WHEREAS, the City Council has independently reviewed all evidence provided, including
the staff report dated January 3, 2001 and all other written and oral testimony.
R19966
Case 5.0760-A-PD Time Extension Resolution
January 3, 2001
Page 2
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs,
California, after considering the evidence provided at the meeting, does hereby grant
approval of a time extension to April 14, 2001 for the commencement of construction of
Planned Development 249, Belardo Gardens.
ADOPTED this 3rd day of January 2001.
AYES: Councilmembers Hodges, Jones and Oden
NOES: Mayor Kleindienst
ABSENT: None
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM