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9/6/2006 - STAFF REPORTS - 2.Y.
ppLM So c u m rybry ev` 4 ^w • C,q<IFORN�P CITY COUNCIL STAFF REPORT Date: September 6, 2006 Consent Calendar Case No.: TTM 28308 Application Type: Time Extension for Tentative Tract Map 28308 — PD 242 Location: 657 Sunrise Way Applicant: Desert Chapel General Plan: L4 / M15 (Low Medium Density) Zone: R-1-C / RMHP (Single-Family Residential / Mobile Park Home) APNs: 608-240-010 From: David H. Ready, City Manager By: Department of Planning Services SUMMARY Desert Chapel, has requested a one-year time extension from April 12, 2006 to April 12, 2007 for Tentative Tract Map 28308 and Planned Development District 242 located at 657 South Sunrise Way, Zone R-1-C/RMHP, Section 23, APN 508-240-010. RECOMMENDATION 1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM APRIL 12, 2006 TO APRIL 12, 2007 FOR TENTATIVE TRACT MAP 28308 (TTM 28308), AND PLANNED DEVELOPMENT DISTRICT 242 (PD-242) LOCATED AT 657 SOUTH SUNRISE WAY, ZONE R-1-C / RMHP, SECTION 23, ITEM NO. ��' City Council Staff Report September6, 2006 TTM 28308 Time Extension PRIOR ACTIONS TAKEN ON THE PROJECT On December 17, 2003, Case No. 5.0954-PD-242 and Tentative Tract Map 28308 were recommended approval to City Council by the Planning Commission. On March 17, 2004, City Council approved Case No. 5.0954-PD-242 and TTM 28308 subject to conditions. On April 12, 2006, the Planning Commission voted 7-0 to recommend that the City Council approve a one-year time extension from April 12, 2006 to April 12, 2007 for TTM 28308 and PD-242. BACKGROUND AND SETTING The applicant submitted a request for time extension of TTM 28308 on January 20, 2006, prior to the expiration date of the map on March 17, 2006. Section 66452.6(e) of the Subdivision Map Act states that, "...Prior to the expiration of an approved or conditionally approved tentative map, upon an application by subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first..." On March 17, 2004, the City Council approved Case No. 5.0954 — PD-242 and Tentative Tract Map 28308. The Planned Development District was approved in-lieu of a change of zone from the existing R-MHP to R-2 to allow the creation of three professional office lots along South Sunrise Way. The subject parcel is in an L-shaped configuration on the corner of Sunny Dunes Road and South Sunrise Way. The R-MHP portion of the property is along Sunrise Way and the R-1-C portion abuts Sunny Dunes Road. In addition to the three professional lots along Sunrise Way the tract map also proposed creation of seven single-family residential lots within the R-1-C zoned portion of the property. On January 23, 2006, a letter requesting an extension of time was received by the Planning Department. The applicant stated in the letter that due to delays in the final map phase of the project, additional time will be required to complete the process. Table 1: Surrounding land uses, General Plan, Zoning General Plan Tone Land Use North M15 RMHP Mobile Home Park South L4 R-1-C Single-Family Residence —East L4 PD-59 Desert Chapel West L4 R-1-C Single-Family Residential Page 2 of 4 �� � City Council Staff Report September 6. 2006 TTM 28308 Time Extension REQUIRED FINDINGS The City Council may extend the map a maximum of one year pursuant to Section 9.63.110 of the Municipal Code. The applicant is requesting the time extension in order to allow additional time to continue working with staff towards the completion of the final map process. There are no specific findings for extension of the map. In reviewing the request, staff considered if the following circumstances have changed such that the map's approval might need reconsideration: • The project's overall plan and lot configuration, • The uses and development of the surrounding area, and • The applicable policies of the General Plan, zoning ordinance and other regulations. No significant changes have occurred in these factors to warrant reconsideration of the map's approval and staff recommends approval of the extension request. Further, no new conditions are recommended to be added and no existing conditions are recommended for revision or amendment. ENVIRONMENTAL ASSESSMENT This action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities) and 15315 (Minor Land Divisions) of the California Environmental Quality Act (CEQA), whereas the proposed Tentative Tract Map meets the conditions outlined for existing facilities and minor land divisions. NOTIFICATION Requests for time extensions do not require public notice. FISCAL IMPACT IFinance Director Review: No fiscal impact. j� fgn / rrnr2h U? ai A. Ewi6nn P Thomas J. Wilson Dir c of PServices Assistant City aanager David H. Ready City Manager Page 3 of 4 ' City Council Staff Report September 6,2006 TTM 28308 Time Extension ATTACHMENTS 1. Vicinity Map 2. TTM 28308 Resolution 3. Request for time extension from applicant received January 20, 2006 4. Planning Commission staff report & Resolution 5. Planning Commission minutes (excerpts) Page 4 of 4 N Department of Planning Services W r= Vicinity Map S I� Li RANION RD LLLLLJ fl CAMINO RARO LA c5 d w J J W L 7 SUNNY DUNES RD SAN LUCAS RD N RIVERSIDE DR Legend t ® site ...� ©500 Fret CITY OF PALM SPRINGS CASE NO: TTM 28308/ 5.0954 DESCRIPTION: Application to extend a preliminary planned PD-242 development and tentative tract map located at 657 S. Sunrise Way, Zone RMHP/R-9-C, Section 23/414, APN 508-240-0% APPLICANT: Desert Chapel �0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR THE APPROVAL OF A TIME EXTENSION FOR CASE NO. 5.0954 PD — 242 AND TENTATIVE TRACT MAP 28308, LOCATED AT 657 SUNRISE WAY, ZONE R-1-C/RMHP, SECTION 23, WHEREAS, Desert Chapel ("Applicant") has filed an application with the City pursuant to Section 94.03.00(D) of the Zoning Ordinance and Section 9.63.110(b) of the Municipal Code, for a one-year time extension for Case No. 5.0954/Planned Development - 242 and Tentative Tract Map 28308. ' WHEREAS, on April 12, 2006, a public hearing on the application for was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt per Section 15061(b)(3)(General Rules) of the CEQA Guidelines; and WHEREAS, the City Council has 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. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to the requirements of Section 94.02.00(F), the City Council finds: 1. The previously approved Categorical Exemption is the controlling environmental documentation for this request. 2. The applicant has requested an extension of time in accordance with the requirements of the City Municipal and Zoning Codes. 3. A demonstration of good cause has been made and that the Conditions of Approval ensure that the developer will pursue the project in good faith. City Council Resolution September 6,2006 Case 5.0954-PO 242/rrM 28308 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves the time extension for Case No. 5.0954 — PD 242 and TTM 28308. ADOPTED_this 61b day of September, 2006. David H. Ready, City Manager ATTEST: James Thompson, City Clerk I 11 • e i DESERT CHAPEL "A SPIRIT-FILLED FELLOWSHIP" n ' January 20, 2006 Mr. Craig Ewing, Director of Planning City of Palm Springs 3200 E. Taliquitz Canyon Way Palm Springs, CA 92262 Ile. Case 5.0954-PD-242, TTM 28308 NW Comer of Sunny Dunes Road and Sunrise Way Dear Mr. Ewing: We would like to request a Two-Year (2-year) extension of the Tentative Tract Map for the above referenced property. We understand this is commonly done and that the procedure calls for a letter such as this to be submitted to the Planning Department, with a subsequent hearing at the Planning Cormnission for approval. We have had some delays, but anticipate that a final map will be ready for submission well within the time frame of the requested extension. Please let me know if any further action is required on our part. Yours,,i'r ly, is 5 � Frank Marsh I Adtninistrator 630 South Sunrise Way • Palm Springs, California 92264 • Phone (760) 327-2772 • Fax (760) 325-7048 www.desertchapel.org of PALM Sp 4 ti 'y c+ U N • w Ji:0 PLANNING COMMISSION STAFF REPORT rFoaNt¢ Date: April 12, 2006 Case No.: TTM 28308/5.0954 PD -242 Type: Tentative Tract Map/Planned Development Location: 657 South Sunrise Way APN: 508-240-010 Applicant: Desert Chapel General Plan: L4/M15, Low/Medium Density Residential Zone: R-1-C/RMHP, Single-Family Residential/Mobile Home Park From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: Michael Blumson, Assistant Planner PROJECT DESCRIPTION: The applicant has requested to extend the previously approved tentative tract map and planned development district (PD) by two years. If the extension is granted, a final map and PD would have to be approved no later than April 12, 2008. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of a one-year time extension for TTM 28308 and Case 5.0954 PD-242 until April 12, 2007. BACKGROUND: Tentative Tract Map 28308 and PD-242 were approved on March 17, 2004 by the City Council. The PD was approved in-lieu of a change of zone from R-MHP to R-2 to allow the creation of three professional office lots along South Sunrise Way. 001 µ8 Planning Commission Staff Report April 12,2006 Case TTM 2830815.0954 PD-242 Page 2 of 3 The subject parcel is in an L-shaped configuration on the comer of Sunny Dunes Road and South Sunrise Way. The R-MHP portion of the property is along Sunrise Way and the R-1-C portion abuts Sunny Dunes Road (see attached vicinity map). In addition to the three professional lots along Sunrise Way the tract map also proposed creation of seven single-family residential lots within the R-1-C zoned portion of the property. The applicant originally requested a time extension for only the tentative map portion of the site as they had intended to revise the planned development to change the possible uses. After further deliberation, the applicant has decided to move forward with the established PD and TTM and submit final development plans. Based on this clarification, staff has determined that the extension request received in January can be considered as applying to both the Planned Development and the Tentative Tract Map. Table 1: The surrounding Land Uses are tabled below: General Plan Zone Land Use North M15 RMHP Mobile Home Park South L4 R-1-C Single-Family Residence East L4 PD-59 Desert Chapel West L4 R-1-C Single-Family Residential ANALYSIS: Section 94.03.00(H) of the Zoning Code states that extensions of time for a PD may be allowed by demonstration of good cause. According to Chapter 9.63.110 of the Municipal Code, there are no specific findings or determinations that need to be made to grant the time extension for the map. The Municipal Code does limit all time extensions to one-year and that requirement is being carried forward in staffs recommendation. The applicant has indicated that a new developer is interested in finalizing the entitlement but need additional time to complete this step. Staff has reviewed the project, surrounding area and underlying zoning regulations and determined that no significant changes have occurred that would suggest that the project is no longer in keeping with the neighborhood or the City's development policies. Planning Commission Staff Report April 12, 2006 Case TTM 2830815.0954 PD-242 Page 3 of 3 CONCLUSION: Staff believes that a demonstration of good cause has been made in requesting the time extension. In order to keep the developer on the stated timeline, staff is recommending Condition of Approval #1, which limits the project to one time extension. ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt per Section 15061(b)(3)(CEQA General Rule), The project is neither a preliminary or final entitlement and therefore has no possibility of creating a significant impact on the environment- Michael Blumson Assistant Planner i C� wi AICP — Dire tanning ery ces Attachments: 1. Draft Resolution 2- 500' Radius Map 3. Conditions of Approval A. Letters of Request RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE NO. 5.0954 PD — 242 AND TTM 28308 LOCATED AT 657 SOUTH SUNRISE WAY, ZONE R-1-C/RMHP, SECTION 23. WHEREAS, Desert Chapel (Applicant") has filed an application with the City pursuant to Section 94.03.OD(D) of the Zoning Ordinance for a one-year time extension to Case No. 5.0954 Planned Development - 242 and Tentative Tract Map 28308 to allow a subdivision at 657 South Sunrise Way, Zone R-1-C/RMHP, Section 23; and WHEREAS, on April 12, 2006, a public hearing on the application for was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQX), and has been determined to be Categorically Exempt pursuant to Section 15061(b)(3)(General Rule) of the CEQA Guidelines; and WHEREAS, the Planning Commission has 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. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the requirements of Section 94.02.00(F), the Planning Commission finds: 1. The applicant has requested an extension of time in accordance with the requirements of the Zoning Code. 2. A demonstration of good cause has been made and that the Conditions of Approval ensure that the developer will pursue the project in good faith. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves the time extension for Case No. 5.0954 — CUP and TTM 28308. Planning Commission Resolution April 12, 2006 Case 5.0954 PD—242tMM 28308 Page 2 of 2 ADOPTED this 12th day of April, 2006. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairman Planning Commission Secretary OF 212 r , r City of Palm Springs 7 Planning Commission Minutes of April 12, 2006 11. Case 50954 PD 242 / TTM 28306 - A request by Desert Chapel for a time extension of the previously approved Tentative Tract Map and Planned Development located 657 South Sunrise Way, Zone RMHP/R-C-1, Section 23, APN 508-240-010. Assistant Planner, Michael Blumson, gave background history as outlined in the staff report dated April 12, 2006. (Michael Blumson further indicated that the Planned Development was approved in lieu of the change of zone; creating the R-2 Land Use which allows Professional Uses on a Conditional Use Permit, Commissioner Shoenberger stated he felt it was a very nice plan when it was first presented and it would be good to go forward with this plan. M/S/C (Shoenberger/Cohen, 6-0, 1 absent/Ringlein) To recommend to City Council approval of a one-year time extension for Case 5.0954 PD 242 and TTM 28308 until April 12, 2007. Commissioner Roath commented that is refreshing to see 1/4 acre lots come before the Commission. OTHER BUSINESS: 12 SP 06-034 - An application by Riofrne Neon Signs to amend the previous) roved pe t sign for Dale's Lost Highway Restaurant located at 125 E quitz Canyon Way, Zone ection 15, APN 513-144-001. Assistant Planner, Michael Blumso -cated th (cant has brought forward a revised sign to a previously approved main sign. Chair Marantz recalled when ain sign was approve specifically commented against temporary banners b ' aced without prior approval. This ss now has paper and canvas banners here. Fe core, RioFine Neon Sign Company, commented the building is very unique and the placement for the sign is the designated area for a main sign. She stated her company did not put up the temporary banners.