HomeMy WebLinkAbout9/5/2007 - STAFF REPORTS - 2.I. .+,�F PALM S..
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c4``F°RN�P CITY COUNCIL STAFF REPORT
Date: September 5, 2007 Consent Calendar
Case No.: TTM 31318 (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: M-1-P
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)
From: David H. Ready, City Manager
By: Department of Planning Services
SUMMARY
Ernie G. Noia has requested a one-year time extension from October 15, 2007 to
October 14, 2008 for Tentative Tract Map (TTM) 31318 located at 901-933 Crossley
Road and Mesquite Avenue (Dinah Shore Drive), Zone M-1-P, Section 20.
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 OCTOBER 15, 2007 TO OCTOBER 14, 2008 FOR
TENTATIVE TRACT MAP 31318 FOR A PORTION OF THE INDIAN OASIS
DEVELOPMENT LOCATED AT 901-933 CROSSLEY ROAD, ZONE M-1-P,
SECTION 20."
Page 2 of 3
ITEivi NO.
PRIOR ACTIONS TAKEN ON THE PROJECT
On October 8, 2003, the Planning Commission recommended approval of TTM 31318
to the City Council. On October 15, 2003, the City Council approved TTM 31318
subject to conditions.
On May 25, 2005, the Planning Commission recommended approval of 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 TTM 31318 to the City
Council for a one year time extension through October 14, 2007. On August 22, 2007,
the Planning Commission recommended approval of TTM 31318 to the City for a one
year time extension through October 14, 2008.
BACKGROUND AND SETTING
The applicant submitted a request for time extension of TTM 31318 on August 2, 2007,
and prior to the expiration date of the map (October 15, 2007). 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..."
Table 1: Surrounding land uses, General Plan, Zoning
_ 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-O, W-R-G-A(6), Residential, golf course,
0-5 water park, vacant
East Cathedral CityCathedral CityGolf, vacant
West IND W-M-1 I.L., MALL., 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.
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
000002
• 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
No fiscal impact.
ing, AIC� Thomas J. Wil n
Dir r of Plannin ervices Assistant City N�lanager
David H. Ready
City Manager
ATTACHMENTS
1. Vicinity Map
2. TTM 31318 Draft Resolution
3. Planning Commission Staff Report & Resolution
4. Letters of Request
Department of Planning Services W -E
Vicinity Map s
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CITY OF PALM SPRINGS
CASE NO: TTM 31318 Time DESCRIPTION: The applicant has requested to extend
Extensions the previously approved Tentative Tract Map (TTM)
31318 for one year, Zone M-1-P, Section 20.
APPLICANT: Ernie Noia
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME
EXTENSION FROM OCTOBER 15, 2007 TO OCTOBER 14,
2008 FOR TENTATIVE TRACT MAP 31318 FOR A
PORTION OF THE INDIAN OASIS DEVELOPMENT
LOCATED AT 901-933 CROSSLEY ROAD, ZONE M-1-P
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 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 31318, Zone M-1-P, Section 20; and
WHEREAS, on August 22, 2007 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
WHEREAS, on September 5, 2007, the City Council held a public meeting to consider
the applicant's request for a one-year time extension of Tentative Tract Map 31318; 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
OD0065
Page 1 of 3
City Council Resolution
Septem ber 5, 2007
TTM 31318 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, 2007 to October 14,
2008 for Tentative Tract Map 31318.
ADOPTED THIS 5th day of September, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
Page 2 of 3
04 PALM So
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PLANNING COMMISSION STAFF REPORT
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Date: August 22, 2007
Case No: TTM 31318 (Time Extension)
Type: Tentative Tract Map & Time Extensions
Location: 901-933 Crossley Road
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)
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: Bryan Fernandez, Assistant Planner
PROJECT DESCRIPTION:
The applicant has requested to extend the previously approved Tentative Tract Map
(TTM) 31318 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 31318.
Planning Commission Staff Report August 22, 2007
Case TTM 31318 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.
On December 16, 2006, the Planning Commission recommended approval of TPM
31351 and TTM 31318 to the City Council for a one year time extension through
October 17, 2007. On January 17, 2007, the City Council approved the time extension
through October 17, 2007.
BACKGROUND:
The site is approximately 273 acres. It is located east of San Luis Rey Drive, South of
Sunny Dunes Road, north of 340 Avenue, and west of the Whitewater River Channel.
The project was originally approved in 2003 as a Planned Development District (PDD)
and it included plans for an 18-hole golf course, 700-room resort hotel and 300,000
square feet of retail/office/industrial space and included two maps. TTM 31318 is the
subject of this report and covers the resort component of the project.'
The City Council will decide whether to approve the request for a time extension after
the Planning Commission makes a recommendation of approval.
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. 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, the final map would have to be approved no later than October
17, 2008.
Staff has reviewed the project, surrounding area and underlying zoning regulations and
determined that no significant changes have occurred that would suggest that the
' TPM 31351 was included in the original approval of the PDD and in the subsequent time extensions.
However, the applicant states that since the Agua Caliente Tribe has leased the parcels within TPM
31351 and has not requested a time extension, only TTM 31318 will be considered for a one-year time
extension.
�Uda��
Planning Commission Staff Report August 22, 2007
Case TTM 31318 Page 3 of 3
tentative map 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, 2008 of TTM 31318.
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.
Bryan Fernandez Craig Ewing, AICP
Assistant Planner Director of Planning Services
Attachments:
1. 500' Radius Map
2. Draft Resolution
3. Letter of Request
0000� �
RESOLUTION N0. 7042
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR
APPROVAL OF A ONE-YEAR TIME EXTENSION FOR TTM
31318 LOCATED AT 901 933 CROSSLEY, ZONE M-1-P,
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 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 31318; and
WHEREAS, on August 22, 2007, 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,
2008, for TTM 31318.
ADOPTED this 22nd day of August, 2007.
AYES: 5, Scott, Hochanadel, Maranta, Hutcheson and Cohen
NOES: None.
ABSENT: 2, Ringlein and Caffery
ABSTAIN: None.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
ai 1ng, AICA
Dir �of PlanA4 Services
0OOOO
Noia Investments, Inc.
Mail: P 0. Box 4490, Palm Springs, California, 92263- 490
Office: 919 Crossley Road, Palm Springs, California 92264
Telephone: (760) 320-5737 & Facsimile: (760) 320-5739
Email: info@noiainc.com Web Site: www.noiaine com
August 2, 2007
Via E-Mail& U.S.Mail
Craig Ewing
Director of Planning Services
City of Palm Springs
3200 1,. Tahquitz Canyon Way
P.O. Box 2743
Palm Springs, CA 92262-2743
RE: Indian Oasis Resort and Corporate Center
TTM 31318 and PD 268-Time Extensions
Dear Craig:
As you may or may not be aware the original maps were approved on October 15, 2003 and were later
extended until October 14, 2007. One Map is TTM 31318 which is for the resort component of Indian
Oasis resort. The other was TPM 31351 which was for the six (6) building corporate center of which
Final Map (3135 1-1) covers the existing building that is now occupied by the Tribe.
This request for an extension does not include TPM 31351 since that property is currently leased to the
Agua Caliente Band of Cahuilla Indians- I intend to send a copy of this letter to them reminding them that
an extension request needs to be made.
However, in regard to Tentative Tract Map ('1'1'M) 31318 this letter requests that said tentative map be
extended for the maximum allowable time under the Palm Springs Municipal Code. Please advise of any
fees or other documents you may need to process same.
Finally, it is our position that PD 268 has vested and that final vertical construction was just completed
for the Tribal Administration Plaza in June. As a result we do not believe that an extension is required for
PD 268. However, we,vould appreciate your Cnp rmtinv cpn7e and advising^te accordingly.
We will await your instructions on how to proceed so that the required extensions are completed in a
timely manner.
Vly yours
ob
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Fiti
est G.Noia
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cc: Tom Wilson-Assistant City Manager
Margaret Park -ACBCI N'
Marvin Roos-MSA Consulting
David Newell-Assistant Planner
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