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Home My WebLink About1/17/2007 - STAFF REPORTS - 2.N. p ALM g c V N .^ D`0xxoxmsv'ssxPxx Q`'F°"N� CITY COUNCIL STAFF REPORT Date: January 17, 2007 Consent Calendar Case No.: TTM 31318 & TPM 31351 (Time Extension) Application Type: Time Extension for Tentative Tract Map 31318 & Tentative Parcel Map 31351 Location: Crossley Road & Dinah Shore / Mesquite Avenue Applicant: Ernie G. Noia General Plan: IND (Industrial) Zone: PDD-268 APNs: TTM 31318 (680-170-021, 680-170-041, 680-170-053 (originally 680-170-007), 680-180-038, 680-180-039, 680-180-040) TPM 31351 (originally 680-180-037; currently 680-180-043, 680-180- 045, 680-180-046) From: David H. Ready, City Manager By: Department of Planning Services SUMMARY Ernie G. Noia has requested a one-year time extension from Ocotober 15, 2006 to October 14, 2007 for Tentative Tract Map (TTM) 31318 and Tentative Parcel Map (TPM) 31351 located at the southwest corner of Crossley Road and Mesquite Avenue (Dinah Shore Drive), Zone PDD-268, Section 20. RECOMMENDATION 'I. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM OCTOBER 15, 2006 TO OCTOBER 14, 2007 FOR TENTATIVE TRACT MAP 31318 AND TENTATIVE PARCEL MAP 31351 FOR ITEM NO. City Council Staff Report January 17,2007 TTM 31318&TPM 31351 Time Extensions THE INDIAN OASIS DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF EAST MESQUITE AVENUE AND CROSSLEY ROAD, ZONE PDD-268, SECTION 20." PRIOR ACTIONS TAKEN ON THE PROJECT On September 10, 2003, the Planning Commission recommended approval of TPM 31351 to the City Council. On October 8, 2003, the Planning Commission recommended approval of TTM 31318 to the City Council. On October 15, 2003, the City Council approved TPM 31351 and TTM 31318 subject to conditions. On May 25, 2005, the Planning Commission recommended approval of TPM 31351 and TTM 31318 to the City Council for a one year time extension through October 14, 2006. On December 13, 2006, the Planning Commission recommended approval of TPM 31351 and TTM 31318 to the City Council for a one year time extension through October 14, 2007. (The time extension through October 14, 2006 has not yet been finalized with City Council action and is on today's agenda.) BACKGROUND AND SETTING The applicant submitted a request for time extension of TTM 31318 and TPM 31351 on October 10, 2006, and (if the time extension through October 14, 2006 is approved today) prior to the expiration date of the map on October 14, 2006. Section 66452.6(e) of the Subdivision Map Act states that, "...Prier 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..." Table 1: Surrounding land uses, General Plan, Zonin General Plan Zone Land Use North IND, Cathedral City W-M-1-I.L. Industrial, Wal-Mart, golf Cathedral City course, Whitewater River South L6, IND, PR M-1, W-0, W-R-G-A(6), Residential, golf course, 0-5 water park, vacant East Cathedral City Cathedral City Golf, vacant West IND W-M-1 I.L., M-111., M1 Vacant, industrial 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. Page 2 of 4 City Council Staff Report January 17,2007 TTM 31318&TPM 31351 Time Extensions 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. Since the initial tentative map entitlements in 2003, development has occurred on adjacent properties to the north, such as the Wal-Mart, Del Taco, Bank of America, etc. These projects have been evaluated during the review process of their entitlement, specifically in the Cumulative Impacts section of the Environmental Impact Report. No significant changes have occurred in the above-mentioned 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 A Mitigated Negative Declaration of environmental impact was previously approved by the City Council on October 15, 2003. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent Negative Declaration, Addendum Negative Declaration, or further environmental assessment is not necessary because the changed circumstances of the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Furthermore, these changes could not result in any new environmental impacts beyond those already assessed in the adopted mitigated negative declaration. NOTIFICATION Requests for time extensions do not require public notice. FISCAL IMPACT Finance Director Review: No fiscal impact. ai Awing I P Thomas J. Wils Director of Pla nin Services Assistant City Manager David H. Ready City Manager Page 3 of 4 City Counoil Staff Report January 17, 2007 T,rM 31318&TPM 31351 Time Extensions ATTACHMENTS 1. Vicinity Map 2. TTM 31318 &TPM 31351 Draft Resolution 3. Planning Commission Staff Report & Resolution 4. Letters of Request Page 4 of 4 " T Department of Planning Services N rm w�e Vicinity Map s �_ - aq M - TI RAM RD RAM N RD Y -� . - J LI N[E RID - -IT — �w CALL: HAEL Legend _ _ �. SOQ'Buller \ - 34THAVrE adTH AVC�=TJ•�.Y-� F_ M CITY OF PALM SPRINGS CASE NO: TTM 31318 &TPM 31351 DESCRIPTION: The applicant has requested to extend Time Extensions the previously approved Tentative Tract Map (TTM) 31318 and Tentative Parcel Map (TPM) 31351 for one APPLICANT: Ernie Nola year, Zone M-1, Section 20. RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM OCTOBER 15, 2006 TO OCTOBER 14, 2007 FOR TENTATIVE TRACT MAP 31318 AND TENTATIVE PARCEL MAP 31351 FOR THE INDIAN OASIS DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF EAST MESQUITE AVENUE AND CROSSLEY ROAD, ZONE PDD-268, SECTION 20. WHEREAS, Ernie Noia (Applicant) has filed an application with the City pursuant to Chapter 9,63.110 of the Palm Springs Municipal Code for a one-year time extension to Tentative Tract Map 31318 and Tentative Parcel Map 31351 to allow a subdivision of the following APNs 680-170-021, 680-170-041, 680-170-053 (originally 680-170-007), 680-180-038, 680-180-039, and 680-180-040 for TTM 313181 and (originally 680-180- 037) 680-180-043, 680-180-045, and 680-180-046 for TPM 31351, ,Zone PDD-268, Section 20; and WHEREAS, on December 13, 2006 the Planning Commission held a public meeting and voted to recommend that the City Council approve a one-year time extension of Tentative Tract Map 31318 and Tentative Parcel Map 31351; and WHEREAS, on January 17, 2007, the City Council held a public meeting to consider the applicants request for a one-year time extension of Tentative Tract Map 31318 and Tentative Parcel Map 31351; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act (CEQA); 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: A Mitigated Negative Declaration of environmental impact was previously approved by the City Council on October 15, 2003. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent Negative Declaration, Addendum Negative Declaration, or further environmental assessment is not necessary because the changed circumstances of the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Furthermore, these Page 1 of 3 City Council Resolution January 17, 2007 TTM 31318 &TPM 31351 Time Extensions changes could not result in any new environmental impacts beyond those already assessed in the adopted mitigated negative declaration. Section 2: Approve a one year time extension from October 15, 2006 to October 14, 2007 for Tentative Tract Map 31318 and Tentative Parcel Map 31351. ADOPTED THIS 17th day of January, 2007. David H. Ready, City Manager ATTEST: James Thompson, City Clerk Page 2 of 3 City Council Resolution January 17, 2007 TTM 31318 &TPM 31351 Time Extensions CERTVFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) Ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Page 3 of 3 OF ?A Al. 3 A U N i PLANNING COMMISSION STAFF REPORT Date: December 13, 2006 Case No: TTM 31318 & TPM 31351 (Time Extension) Type: Tentative Tract Map & Tentative Parcel Map Time Extensions Location: Crossley Road & Dinah Shore APN: TTM 31318 (680-170-021, 680-170-041, 680-170-053 (originally 680-170-007), 680-180-038, 680-180-039, 680-180-040) TPM 31351 (originally 680-180-037; currently 680-180-043, 680- 180-045, 680-180-046) Applicant: Ernest G. Noia General Plan: IND, Industrial Zone: M-1-P, Planned Research and Development Zone From: Craig A, Ewing, AICP, Director of Planning Services Project Planner: David A. Newell, Assistant Planner PROJECT DESCRIPTION: The applicant has requested to extend the previously approved Tentative Tract Map (TTM) 31318 and Tentative Parcel Map (TPM) 31351 for one year_ The maps are associated with the Indian Oasis Planned Development District (Planning Case No. 5.0870 PD-268). RECOMMENDATION: That the Planning Commission, recommend to the City Council approval of a one-year time extension for TTM 331318 and TPM 31351. Planning Commission Staff Report Decembar 13, 2006 Case TPM 31351 &TTM 3131 a Page 2 of 3 PRIOR ACTIONS: On September 10, 2003, the Planning Commission recommended approval of TPM 31351 to the City Council, On October 8, 2003, • the Planning Commission recommended approval of TTM 31318 to the City Council. On October 15, 2003, the City Council approved TPM 31351 and TTM 31318 subject to conditions. On May 25, 2005, the Planning Commission recommended approval of TPM 31351 and TTM 31318 to the City Council for a one year time extension through October 17, 2006. BACKGROUND: The site is approximately 273 acres. It is located east of San Luis, south of Sunny Dunes Road, north of 34t Avenue, and west of the Whitewater River Channel. The time extension for the Tentative Maps and associated Planned Development District were approved by Planning Commission on October 17, 2006; however, City Council is required to be the final approval body for the Tentative Maps. The City Council had not reviewed the time extension request prior to this second time extension request. Therefore, staff will be bringing last year's time extension request simultaneously with this year's time extension request to the City Council if recommended again by the Planning Commission. ANALYSIS: Pursuant to Chapter 9.63A 10 of the Palm Springs Municipal. Code (PSMC), there are no specific findings or determinations that need to be made to grant the time extension for the map. Chapter 9.63.110(c) of the PSMC limits all map time extensions to twelve months and that requirement is being carried forward in staffs recommendation. The applicant's letter of time extension request is attached for the Commission's review. If the extension is granted, all final maps would have to be approved no later than October 17, 2007. 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. CONCLUSION: The applicant followed all the requirements of Chapter 9.63.110, and staff believes that a demonstration of good cause has been made in requesting the time extension. Therefore, staff is recommending approval of a one-year time extension ending on October 17, 2007 of TTM 31318 and TPM 31351. Planning Commission Staff Report December 13, 2006 Case TPM 31351 &TTM 31318 Page 3 of 3 ENVIRONMENTAL DETERMINATION: A Mitigated Negative Declaration of environmental. impact was previously approved by the City Council on October 15, 2003- Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent Negative Declaration, Addendum Negative Declaration, or further environmental assessment is not necessary because the changed circumstances of the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Furthermore, these changes could not result in any new environmental impacts beyond those already assessed in the adopted mitigated negative declaration. U David A. Newell Assistant Planner r I Ewing, 'ICP T T Director of P n ing Services Attachments: 'I. 500' Radius Map 2. Draft Resolution 3. Letters of Request RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF TTM 31318 AND TPM 31351 LOCATED EAST OF SAN LUIS, SOUTH OF SUNNY DUNES ROAD, NORTH OF 34TH AVENUE, AND WEST OF THE WHITEWATER RIVER CHANNEL, ZONE M-1, SECTION 20. WHEREAS, Ernie Noia (Applicant") has filed an application with the City pursuant to Chapter 9.63.110 of the Palm Springs Municipal Code for a one-year time extension to Tentative Tract Map 31318 and Tentative Parcel Map 31351 to allow a subdivision of the following APNs 680-170-021 , 680-170-041, 680-170-053 (originally 680-170-007), 680-180-038, 680-180-039, and 680-180-040 for TTM 313181 and (originally 680-180- 037) 680-180-043, 680-180-045, and 680-180-046 for TPM 31351, Zone M-1 , Section 20; and WHEREAS, on December 13, 2006, a public hearing on the application for was held by the Planning Commission in accordance with applicable law; and WHEREAS, a Mitigated Negative Declaration of environmental impact was previously approved by the City Council on October 15, 2003- Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent Negative Declaration, . Addendum Negative Declaration, or further environmental assessment is not necessary because the changed circumstances of the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves the time one year time extension ending on October 17, 2007, for TTM 31318 and TPM 31351. ADOPTED this 13th day of December, 2006. AYES,- NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairman Planning Commission Secretary Law Offices of Ernest G. Nona, Esq. NOIA PI:OFESSIONAL BUILDING 429 E. Tahquilz Canyon Way, P31m Springs, California 92262 Telephone: (760) 320-6912 Facsimile: (760) 320-5739 Email EGN@noiainc.com September 7, 2006 Mr. Craig Ewing Director of Planning and Zoning CfTY OF PALM SPRINGS 3200 Easi Tahquitz Canyon ,A%ay P.O. Box 2743 Palm. Springs, CA 92262 I Re: Time Extcmmn-TPM 31351 and TTM 3131E Indian Oasis Project Dear Mr. Ewing: Enclosed please find a check for $1,648 for the filing fees for a time extension for Tentative Parcel Map 31351 and Tentative`Tract Map 31318. The maps were originally approved October 15, 2003 and were extended in 2005- As you know, we have recorded the first phase of Map 31351 which corresponds to the current office complex that is nearing completion and.wc were told by City staff that the TPM was extended for 3 years because Phase 1 was recorded. Is-this correct? We are continuing to plan for the next phases and request anotber time extension for the maps. Since the underlying Planned Development District is vested with the current vertical construction, we understand that there is no need to extend the PDD as construction is not ianlcruptedb- more-1han '^ 7-oriths. If you have any questions concerning this matter, please feel free to contact me at 760-320-5737. Very truly yours, Ernest Noia Attorney At Law Cc: Marvin Roos Law Offices of Ernest G. Noia, Esq, NOIA PROFESSIONAL BUILDING 429 E. 7ahgwtz Canyon Way, Palm Springs, California 92262 Telephone: (760) 320-6912 Facsimile: (760) 320-5739 Email EGN@noialnc.com October 10, 2006 Mr. Craig Ewing Director of Planning and Zoning CITY OF PALM SPRINGS 3200 East Tahquitz Canyon. wa, P.O. Box 2743 Palm Springs, CA 92262 Re: Time Extension - TTM 31318 Indian Oasis Project l Dear Mr. Ewing: Enclosed please find a check for S1,648 for the filing fees for a time extension for Tentarive Tract Map 31318. The maps were originally approved October 15, 2003 and were extended it - 2005. As you know, we have recorded the first phase of Map 31351 which corresponds to the current office complex that is nearing completion. We are continuing to plan for the-next phases and request another time extension for the map. Since the underlying Planned Development District is vested- with the current vertical construction, we understand that there is no need to extend the PDD as construction is not interrupted by more than 24 months. If you have any questions concerning this matter, please leel free to contact me at 760-320-5737 Very yttruly yyours' ,///'///)))///��A rl 'n Ernest Noia , Attorney At Law -)Polly Cc: Marvin Roos s. OLIO