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DATE: April 18, 2018 CONSENT CALENDAR
SUBJECT: FREEHOLD CAPITAL MANAGEMENT, LLC, REQUESTING A ONE-
YEAR EXTENSION OF TIME FOR PHASE 2 OF TENTATIVE TRACT
MAP 31848 FOR THE MIRALON DEVELOPMENT, A PREVIOUSLY-
APPROVED SUBDIVISION FOR THE DEVELOPMENT OF 1,150
RESIDENTIAL UNITS LOCATED AT 801 SUNRISE PARKWAY, (CASE
5.0982-PD 290 /TTM 31848).
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
This is a request for City Council approval of a one-year extension of time for Phase 2
of a previously-approved Tentative Tract Map (TTM 31848). The extension would allow
the applicant until May 5, 2019, to record the Final Map. The Final Map for Phase 1 of
the project was recorded in 2006; Phase 2 of the map covers the remaining 97 acres
located on the east side of the development. The subdivision has an overall size of
309.39 acres and will consist of up to 1,150 single and multi-family residential units, an
amenity center/clubhouse, and open space. The project was originally approved by the
City Council in 2004.
RECOMMENDATION:
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A REQUEST BY
FREEHOLD CAPITAL MANAGEMENT, LLC, FOR A ONE-YEAR EXTENSION
OF TIME FROM MAY 5, 2018, TO MAY 5, 2019, FOR TTM 31848, A
PREVIOUSLY APPROVED SUBDIVISION OF 309 ACRES TO CONSTRUCT
1,150 SINGLE-FAMILY, MULTI-FAMILY RESIDENTIAL UNITS AND AN
AMENITY CENTER FACILITY LOCATED AT 801 SUNRISE PARKWAY; ZONE
PD 290, SECTION 35."
REM NO.
City Council Staff Report April 18,2018
Case No. 5.0982-PDD 290/TTM 31848 Page 2
ISSUES:
• This extension of time involves Phase 2 of the map.
• Final Map for Phase 1 was recorded February of 2006.
• Planned Development District 290 (PDD 290) remains in effect.
• In April 2017, the applicant submitted a Final Map, Rough Grading Plan, Sewer
Plan, on-site Street Plan, off-site Street Plan, Water Quality Management Plan and
Hydrology Report. These submittals are in compliance with the project's conditions
of approval.
• The Final Map plan check, final design work and other related studies requested
by the City are in progress.
BACKGROUND INFORMATION:
Related Relevant City Actions
05/05/04 The City Council adopted a Mitigated Negative Declaration (MND) for
the project and approved Case 5.0982 — PDD 290 and TTM 31848.
12/18/06 The City Council approved a Subdivision Improvement Agreement
SIA for the development.
02/16/07 Phase 1 Final Map for TTM 31848 recorded.
05/18/07 The City Council approved a one-year extension of time for Phase 2
of TTM 31848.
04/19/08 The City Council approved a one-year extension of time for Phase 2
of TTM 31848.
The State of California granted automatic extensions of twenty four
2008-2016 (24) months to all valid tentative tract maps and tentative parcel maps
as a response to the economic downturn.
An amendment to the SIA was approved by the City Council, with the
02/03/16 new property owner to assume responsibility for all required
improvements.
04/20/16 The City Council approved a one-year extension of time for Phase 2
of TTM 31848.
The City Council approved a proposed amended project eliminating
11/02/16 the golf course and changes to design and development standards of
the project.
01/25/17 The Planning Commission approved Final Development plans for the
Amenity Center/ Clubhouse.
The AAC reviewed the proposed landscape Final PDD plans, and
03/20/17 recommended approval to the Planning Commission subject to
review by AAC subcommittee.
03/22/17 The Planning Commission considered the extension of time request
and voted to recommend approval to the City Council.
04/05/17 The City Council voted to grant a one-year extension of time of TTM
31848 from May 5, 2017 to May 5, 2018.
02
City Council Staff Report April 18,2018
Case No.5.0982-PDD 290/TTM 31848 Page 3
Related Relevant City Actions
The Planning Commission approved final landscaping plans for
04/12/17 Phase 1 of the Miralon project subject to submitting final plans for the
socials ace and plantings.
09/25/17 The City Council approved an amended Sign District for the Miralon
development.
03/28/18 The Planning Commission considered the extension of time request
and voted to recommend approval to the City Council.
Most:Rece Ch � e af-Ownershi
2016 Freehold Capital Management, LLC acquired the property.
Rd�eted ON Fe i fii s Lfcen s
12/28/16 Construction plans for the amenity center / clubhouse were submitted to
the City; the Planning Department approved the plan check on February
13, 2017.
12/28/16 Applied for permits for the construction of the new amenity center facility
/ clubhouse, and recreation area.
01/11/17 Rehabilitation of previously installed perimeter landscaping, lighting,
sidewalks along North Indian Canyon Drive commenced.
01/22/18 Applied for permits for the reconstruction of the guardhouse.
02/12/18 Permits issued for the installations of new monument signs at the corner
of North Indian Canyon Drive and Sunrise Parkway and also at the main
entrance into the development along North Indian Canyon Drive.
Nei`'h v 6000eetin
N/A None
' - Fieltl�heck:
03/21/18 Staff visited the site and its surrounding to evaluate present conditions.
.D� is. r4 �t�an_Re uest r
Site Area
Net Acres 91.46 acres Phase 2 only)
Sun-ounding Existing Land Use Existing General Existing Zoning
Property Per Chapter 92 Plan Designation Designation
Partially developed Low Density
Subject Property golf course and Residential; Medium PDD 290
residential Density Residential;
subdivision Open Space
North Whitewater River Open Space Watercourse Zone
Single-Family Very Low Density
South Residential; Residential; Medium R-1-C; C-M; PD
Multifamily Density Residential
Residential
03
City Council Staff Report April 18,2018
Case No.5.0982-PDD 290MM 31848 Page 4
Surrounding Existing Land Use Existing General Existing Zoning
Property Per Chapter 92 Plan Designation Designation
Single-Family Very Low Density
East Residential Residential; Medium PD
Density Residential
School;
Undeveloped; Neighborhood
Commercial Uses; Community
West Multifamily Commercial; Mixed- R-1-C; C-1; C-M
Residential use; Medium Density
Residential
BACKGROUND AND SETTING:
The Miralon development (previously called the Palm Springs Village), was originally
approved by the City Council on May 5, 2004. The approval of Tentative Tract Map
31848 allowed the subdivision of the 309.39-acre site into parcels for up to 1,150 single-
family and multi-family residential units, a golf clubhouse, a golf maintenance facility,
tennis courts, a spa, pools and a park. There are two phases of Tentative Tract Map
31848; Phase 1 of Tentative Tract Map 31848-1 was recorded in February of 2006.
Following the recording of Phase 1 of the map, the entire property was rough graded,
residential pads were completed, the streets for Phase 1 were paved, and the golf
course was installed. Off-site improvements, including the installation of streets, walls
and perimeter landscaping, were also completed at that time. On May 20, 2017, the City
Council granted an extension of time for the Phase 2 map to allow the map to be
recorded in the future. All the required materials and documents for the Final Map are
still under review at the City. However, the applicant has requested for an extension of
time since the current extension expires on May 5, 2018. The City Attorney has
previously opined that the associated Planned Development District 290 is vested and
remains in effect since substantial construction has commenced at the site. Additionally,
an amendment to the Preliminary Planned Development District 290 (PDD 290) was
approved by the City Council on November 2, 2016; but this amendment did not affect
the map.
ANALYSIS:
Extension of time requests for tentative maps is governed by Section 9.63.110 (Time
Extensions), of the Municipal Code. The Municipal Code states as follows: "The person
filing the tentative map may request a time extension of the tentative map approval or
conditional approval by written application to the planning commission, such application
to be tiled at least sixty days before the approval or conditional approval is due to
expire. The application shall state the reasons for requesting the extension and the
amount of time requested. In granting an extension of time, new conditions may be
imposed and existing conditions may be revised or amended.,, The Municipal Code
further states that any extension(s) of tentative map approval or conditional approval
shall not exceed a total of twelve months. The formal request for an extension of time
04
City Council Staff Report April 18.2018
Case No. 5.0982-PDD 290fT rM 31848 Page 5
for TTM 31848 was received on January 23, 2017. The applicant provided a brief
background of the status of the property and the project.
Staff has evaluated the status of the project and provided an analysis of the time
extension request. The analyses below are intended to assist the Council in determining
the appropriateness of the extension of time request.
1. Any changes to project's overall plan and site configuration.
An amendment to the Preliminary Planned Development District 290 (PDD 290) was
approved by the City Council on November 2, 2016. The amendment to the Preliminary
Planned Development District included the following:
• Conversion of the 97-acre golf course to common open space, with a trail
system, orchards, dog parks, community gardens, recreational areas, and
community gathering spaces within the open space.
• Changing the use of the golf clubhouse to a community center for residents of
the development, with a community room, gym, exercise/yoga room,
administrative space, swimming pools, and garden space.
• Modify the Development Guidelines to include updated architectural and design
standards.
• On January 25, 2017, the Planning Commission approved final development
plans for the new amenity center/clubhouse facility. The new amenity
center/clubhouse facility will provide recreational and social amenities for
residents, in addition to providing administrative space for the future HOA. On
February 13, 2017, the Planning Department approved the plan checks for the
new amenity center.
• On September 25, 2017, the City Council approved an amended Sign District for
the Miralon development; the signs are now being installed.
The amendments to the Planned Development District and development standards did
not result in any changes to the site configuration or the approved Tentative Map 31848.
2. Specific steps taken by applicant over the past year to advance the project.
The developer has submitted a Final Map, Rough Grading Plan, Sewer Plan, on-site
Street Improvement Plan, off-site Street Improvement Plan, Water Quality Management
Plan and Hydrology Report. These plans were submitted in April 2017 and are currently
in plan check at Development Services and the outside Engineering consultant firm who
works for the City. The construction drawings for the amenity center were submitted for
plan check in 2017 and have been approved by the Planning Department. In addition to
the above stated plans, the Community Facility District (CFD) for the Miralon project has
been passed and recorded in 2017. The landscaping, walls and sidewalks rehabilitation
at the site perimeter have all been completed. A new monument sign was recently
installed at the corner of North Indian Canyon Drive and Sunrise Parkway; a second
one at the main entrance into the site is under construction. And finally, on March 13,
2018, the applicant submitted Preliminary Planned Development District and Major
Architectural applications for the multi-family residential development in Phase 1.
05
City Council Staff Report April 18,2018
Case No.5.0982-PDD 290rFTM 31848 Page 6
3. Recent developments and uses within the surrounding area.
There have been no significant developments in the surrounding area. The Palermo
development, which is adjacent to Miralon, remains partially completed. The Serena
Park development, which is located to the southeast of the Miralon, has been approved
by City Council, but still requires approval of a Development Agreement before
construction can commence.
4. The applicable policies of the General Plan, zoning ordinance and other
regulations.
The Project remains consistent with the applicable policies of the General Plan, zoning
ordinance and other regulations. The Planned Development District (PD-290) approved
by the City remains in effect and governs the use and development of the property. The
new owner secured an amendment to the Planned Development District project
allowing for the conversion of the golf course to open space, modifications to the design
and architectural standards, and changing of the clubhouse to an amenity center for the
residents.
5. Any off-site improvements, installation of infrastructure and other changes
within 400 feet radius of project site.
The developer has completed the restoration work on all of the previously installed off-
site improvements and the entire infrastructure for Phase 1. The completed repairs
include the perimeter walls, the exterior plantings and the project's water system. A new
monument sign was recently installed at the corner of North Indian Canyon Drive and
Sunrise Parkway. The second monument sign at the main entrance into the
development along North Indian Canyon Drive is under construction.
ENVIRONMENTAL ASSESSMENT:
A Mitigated Negative Declaration (MND), which was previously adopted by the City
Council on May 5, 2004, is the controlling environmental document for the project.
Pursuant to Section 15162 of the California Environmental Quality Act (CEQA)
Guidelines, the preparation of a Subsequent MND, Addendum to the MND or further
environmental documentation 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. The extension of time
request would not result in any new environmental impacts beyond those already
assessed in the adopted Mitigated Negative Declaration.
NOTIFICATION:
An extension of time request does not require a public hearing; the surrounding
neighborhood organizations were notified; since then, staff has not received calls from
members of the neighborhood about the extension of time request.
06
City Council Staff Report April 18,2018
Case No.5.0982-PDD 290lTTM 31848 Page 7
CONCLUSION:
The property owner has submitted the Final Map application for Phase 2 of the project,
which is currently in review. This extension of time request would allow Phase 2 of the
map to be extended until May 5, 2019, which gives the applicant adequate time to
record the Final Map for Phase 2. As significant progress has been made in advancing
Phase 1 of the development and the Phase 2 Final Map application has been
submitted, it is recommended that the Extension of Time request be approved.
Finnagg, AICP Marcus L. Ful r, MPA, P.E., P.L.S.
Director of Planning Services Assistant City Manager
David H. Ready, Esq., P
City Manager
ATTACHMENTS:
1. Vicinity Map
2. Reduced copy of TTM 31848 - 2
3. Draft Resolution.
4. Letter of extension request from the applicant received December 26, 2017.
07
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8
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RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA
RECOMMENDING TO THE CITY COUNCIL APPROVAL
OF A REQUEST BY FREEHOLD CAPITAL
MANAGEMENT, LLC, FOR A ONE-YEAR EXTENSION OF
TIME FOR PHASE 2 OF TENTATIVE TRACT MAP 31848
FROM MAY 5, 2018 TO MAY 5, 2019, LOCATED AT 801
SUNRISE PARKWAY, ZONED PD 290, SECTION 35.
A. Avalon 1150, LLC, ("Applicant') has filed an application with the City pursuant to
Section 9.63.110(b) of the Municipal Code, for a one-year extension of time for the
Avalon Tentative Tract Map 31848.
B. On March 28, 2018, a public hearing on the application for the extension of time
was held by the Planning Commission in accordance with applicable law; and
C. The proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and the Mitigated Negative Declaration
for Case No. 5.0982-PD 290 /TTM 31848 was previously approved by the City Council
on May 5, 2004. The preparation of additional environmental documentation is not
necessary because there are no changed circumstances related to the project that will
result in any new significant environment effects or a substantial increase in the severity
of previously identified significant effects.
D. Pursuant to Section 66412.3 of the Subdivision Map Act, the Planning
Commission has considered the effect of the proposed project on the housing needs of
the region, and has balanced these needs against the public service needs of residents
and available fiscal and environmental resources.
E. 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:
1. The previously approved Mitigated Negative Declaration (MND) 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.
10
Planning Commission Resolution March 28,2018
TTM 31848-2 Time Extension Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends approval to City Council a one year time extension of
TTM 31848 from May 5, 2018 to May 5, 2019 subject to those conditions approved on
May 5, 2004.
ADOPTED this 28th day of March, 2018.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Flinn Fagg, AICP
Director of Planning Services
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FREEHOLD
COMMUNITIES
December 26, 2017
Mr. Flinn Fagg
Director of Planning Services
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263
VIA EMAIL: flinn.fagg@palmsprings-ca.gov
RE: "Miralon" Request for Extension of approval of Tentative Tract Map 31848
Dear Mr. Fagg:
This letter shall serve as a formal request for a one-year extension of time for the
Approval of Tentative Map 31848, pursuant to Section 664526 (e) of the Subdivision
Map Act and Section 9.63.110 (b) of the Palm Springs Municipal Code.
As you are aware, Freehold Communities, on behalf of Avalon 1150 LLC, has made
substantial progress in advancing the Miralon project forward, modifying the PDD to
allow for a revised open space use and updating architectural standards to meet
today's market demand as well as securing Final PDDs for the Amenity Center, Open
Space Landscaping and Social Spaces. Freehold is also well underway with onsite
infrastructure repairs. The exterior plantings have been restored and the project
wall has been refurbished. The guardhouse at the Sunrise entrance will be completed
in early January and the project gates will be installed immediately thereafter. The
open space has been cleared to make way for the installation of the groves and
desertscape. The water system has been reconstructed with oversight provided by
the Desert Water Agency and work on the project's electrical system continues. The
Amenity Center has been through three plan checks and is scheduled to break
ground in April 2018. Finally, the first set of lots are under contract with a respected
builder with active projects elsewhere in Palm Springs.
Based on these achievements, all of which have been undertaken expeditiously,
Freehold is requesting the aforementioned map extension. Given the current
approvals do not expire until May 5, 2018, this application is timely.
We look forward to your response while we continue to work diligently toward the
completion of this exciting project.
11870 Pierce St.#180,Riverside,CA 925051 Free holdCommunities.com
12
FREEHOLD
COMMUNITIES
Thank you in advance for your time and assistance.
j
tr urs,
Shuckhart
dent, California Division
11870 Pierce St.#180,Riverside,CA 92505 1 Free holdCommunities.com
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