HomeMy WebLinkAbout5/16/2007 - STAFF REPORTS - 2.N. ppLM SA
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DATE: May 16, 2007 CONSENT CALENDAR
SUBJECT: REQUEST BY JEFFREY PARKER OF RSM ARBOURS, LP FOR A ONE-
YEAR TIME EXTENSION FOR TTM 32263 LOCATED AT 1301
MONTALVO WAY, ZONE M-1-P, SECTION 7.
FROM: David H. Ready, City Manager
BY: Planning Department
SUMMARY
The City Council will consider a request by RSM Arbours, LP for a one-year time
extension to Tentative Tract Map (TTM) 32263. No public hearing is required_
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME
EXTENSION FROM MAY 19, 2007 TO MAY 19, 2008 FOR TENTATIVE TRACT MAP
32263 LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7.
PRIOR ACTIONS TAKEN ON THE PROJECT
On May 19, 2004, City Council approved TTM 32263 subject to conditions.
On July 19, 2006, the City Council voted 5-0 to approve a one-year time extension from
May 19, 2006 to May 19, 2007 for TTM 32263.
On May 9, 2007, the TTM 32263 was recommended approval to City Council by the
Planning Commission_
STAFF ANALYSIS:
On April 2, 2007, the applicant, Jeffrey Parker of RSM Arbours, LP, forwarded a request
for an extension on TTM 32263; a proposal to subdivide an approximately 2.3-acre
parcel for a 9-unit office condominium. The applicant wants to preserve the option to
subdivide the building in the future. The current expiration date is May 19, 2007.
Item 2 . N .
City Council Staff Report May 16, 2007
TTM 32263 Time Extension Page 2 of 2
On May 9, 2007, the Planning Commission considered the extension request and voted
4-0-1 (Caffrey) to approve the extension. A copy of the applicant's request and the
Planning Commission staff report and resolution are attached to this memo.
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9 9 AIC mamas J. Wilso
Direct of Planning�5ervices Assistant City Manager, Dev't Svcs
David H. Ready
City Manager
Attachments:
1. Vicinity Map
2. Draft City Council Resolution
3. Conditions of Approval
4, Planning Commission Staff Report, May 9, 2007
5. Applicant Letter of Request: (received) April 2, 2007
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CITY OF PALM SPRINGS
CASE NO: TTM 32263 Time DESCRIPTION: To consider an application by Jeffrey
Extension Parker of RSM Arbours, LP for a Tentative Tract Map
32263 Time Extension located at 1301 Montalvo Way,
APPLICANT: Jeffrey Parker of RSM Zone M-1-P, Section 7.
Arbours, LP
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA
APPROVING A ONE-YEAR TIME EXTENSION FOR
TTM 32263 LOCATED AT 1301 MONTALVO WAY,
ZONE M-1-P, SECTION 7.
WHEREAS, Jeffrey Parker of RSM Arbours ("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 32263 to allow a
subdivision at 1301 Montalvo Way, Zone M-1-P, Section 7; and
WHEREAS, on May 9, 2007, a public meeting on the application 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 pursuant to Section 15061(b)(3)(General Rule) 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 Chapter 9.63.110 of Palm Springs Municipal Code, the
City Council makes the following findings:
a. No significant changes have occurred in the surrounding area and
underlying zoning regulations that would suggest that the project is no
longer in keeping with the neighborhood or the City's development
policies.
SECTION 2. The Engineering Department has added four additional conditions
to Exhibit A.
SECTION 3. The City Council hereby approves a one-year time extension for
TTM 32263, subject to those conditions set forth in the attached
Exhibit A.
ADOPTED THIS 16th day of May, 2007.
David H. Ready, City Manager
Resolution No.
Page 2
ATTEST:
James Thompson, City Clerk
CERTIFICATION
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
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EXHIBIT A
TTM 32263 Time Extension
1301 Montalvo Way
May 16, 2007
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
1. TTM 32263 is limited to a time extension of one-year, expiring on May 19, 2008,
2. All Conditions of Approval for TTM 32263 approved on May 19, 2004 remain
applicable.
ADMINISTRATIVE
3. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
4. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void
or annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning TTM 32263. The City of Palm
Springs will promptly notify the applicant of any such claim, action, or proceeding
against the City of Palm Springs and the applicant will either undertake defense of
the matter and pay the City's associated legal costs or will advance funds to pay
for defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an
adverse judgement or failure to appeal, shall not cause a waiver of the
indemnification rights herein-
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ENGINEERING
1. The applicant shall provide tenant notification for subdivisions to be created from
the conversion of rental or leased property into a condominium project in
compliance with Government Code Sections 66427.1, 66452.8 and 66452.9_
2. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcel and all lots created
therefrom, and copies of record documents shall be submitted with the Final Map
to the Engineering Division as park of the review of the Map_ The Final Map shall
be approved by the City Council prior to issuance of building permits.
3. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and shall be approved by the City
Attorney prior to approval of a Final Map.
4. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights-of-way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (Auto CAD 2004 drawing file), DGN (Microstation
drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
END OF CONDITIONS
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`F" PLANNING COMMISSION STAFF REPORT
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Date: May 9, 2007
Case No.: Tentative Tract Map (TTM) 32263 (Time Extension)
Type: Time Extension for TTM 32263
Location: 1301 Montalvo Way
APN: 677-461-002 and 677-461-003
Applicant: RSM Arbours, LP
General Plan: A, Airport
Zone: M-1-P, Planned Research and Development Park
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: Bryan Fernandez, Assistant Planner
PROJECT DESCRIPTION:
The applicant is requesting a one-year time extension to the previously approved Case
No. TTM 32263 to subdivide one building into nine office condominiums.
RECOMMENDATION:
That the Planning Commission recommend approval to the City Council of a one-year
time extension for TTM 32263.
PRIOR ACTIONS:
On April 24, 2004, the Planning Commission recommended approval of TTM 32263 to
City Council. Subsequently on May 19, 2004, City Council approved TTM 32263 subject
to conditions.
Planning Commission Staff Report May 9, 2007
Case TTM 32263-Time extension Page 2 of 3
On July 19, 2006, the City Council approved a one-year time extension of TTM 32263
subject to conditions.
BACKGROUND:
The site is approximately 2.30 acres and has a rectangular shape. It is located on
Montalvo Way and La Campana Way with the north portion abutting Chia Road.
The Tentative Tract Map (TTM) 32263 application was submitted for review on March 2,
2004 and approved subject to conditions by City Council on May 19, 2004. The City
Council approved a time-extension subject to conditions on July 19, 2006. This is a one
lot subdivision for condominium purposes. The subject property, known as the Palm
Springs Commerce Center, received architectural approval by the Planning Commission
on July 24, 2002 as a "by right of zone" project which met all codes and ordinances.
The nine-unit light industrial building use satisfies the broad range of uses typically
allowed in the A "Airport" General Plan designation and the permitted uses listed in the
M-1-P Zone.
Table 1: The surrounding Land Uses are tabled below:
General Plan Zone Land Use
North L4, Low Density N-R-1-C Single-Family
Residential Residence
South A, Airport M-1-P, Planned Research and Light Industrial
Development Park Building
Past A, Airport M-1-P, Planned Research and Light Industrial
Development Park Building
West A, Airport M-1-P, Planned Research and Airport
Development Park
ANALYSIS:
Pursuant to Chapter 9.63.110 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. The applicant must submit the request for time extension prior to map
expiration. The applicant satisfied this condition by submitting on April 2, 2007.
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, a final map would have to be approved no later than May 19,
2008,
Planning Commission Staff Report May 9, 2007
Case TTM 32263-Time extension Page 3 of 3
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. 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:
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.
ryai r-i n ez
Assistant Plan er
rai wing, P --
Director of Pla . g Services
Attachments:
1. Draft Resolution
2. 500' Radius Map
3. Conditions of Approval
4. Letter of Request
The Jameson Company
Real Estate Development and Investment
April 2, 2007 Via Email to edward.robertson@palmsprings-CA.gov
and Overnight Delivery
Mr.Edward Robertson
Planning Services
City of Palm .Springs
3200 E Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Tentative Tract Map 32263, 1301 Montalvo Way, Palm Springs CA
Legal description: Parcel 1, Parcel Map 17878, File 115, Pages 98 &99 of Parcel Maps
APN 677-461-002 & 677-461-003
Dear Mr. Robertson:
We are the owners of the above referenced property. This is a new 44,000 sq ft multi-user
industrial building on 2 acres of land at 1301 Montalvo Way.
On May 19,2004,the City Council approved Tentative Tract Map 32263. This was a one-lot
subdivision for condominium purposes. We purchased the property in November 2004 from the
original developer, Phillip Cleary. A year ago,we applied for and the City granted a one year
extension in the tentative map to May 19, 2007.
Our goal has been to lease the building for long term investment,while holding the
condominium map in abeyance as an alternate marketing plan.Due to the weakness of the
leasing market,the building is still largely vacant. We have recently listed the building for sale to
investors or owner users. Our brokers have told us that there is a strong chance the buyer will
want to record the final condominium map, in order to accommodate multiple owner-users.
Please accept this letter as our request and application for an extension in the time limit for the
tentative map for an additional 12 months. Enclosed is a check to the City of Palm Springs for
the$1,648 extension fee, as you requested. )will be happy to sign any additional paper work as
may be required.
Your assistance is appreciated.
Sincerely,
WAo
4 Salerno, Irvine, California 92614 • Phone (949) 387-1990 • Fax (949) 757-0110