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HomeMy WebLinkAbout4/5/2017 - STAFF REPORTS - 1.F. �OQ?A`M S,. V N °4ouna' C'O41FOa�'�P City Council Staff Report DATE: April 5, 2017 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 NORTH OF SAN RAFAEL ROAD, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF THE WHITEWATER RIVER AND WEST OF SUNRISE WAY, (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, 2018, to record the Final Map. The Final Map for Phase 1 of the project was recorded in 2007; 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, 2017 TO MAY 5, 2018 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 ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF INDIAN CANYON DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF SUNRISE WAY; ZONE PD 290, SECTION 35." ITEM NO, 2 F. City Council Staff Report April 5,2017 Case No. 5.0982-PDD 290rrTM 31848 Page 2 ISSUES: • The Miralon development, formerly known as The Palm Springs Village/Avalon, was originally approved in 2004 by the City Council. • The City Council approved amended development standards for the project on November 2, 2016; the changes to the development standards did not result in any changes to the approved Tentative Map. • This extension of time involves Phase 2 of the map; the Final Map for Phase 1 of the project was recorded in 2007. • On March 15, 2017, the Final Map documents for Phase 2 were submitted to the City and are currently in plan check. • The Planning Commission reviewed the proposed extension for Phase 2 of the map at their meeting of March 22, 2017, and voted 7 to 0 to recommend approval to the City Council. 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 Planning Commission reviewed the proposed amendment to 10/13/16 PDD 290, and recommended approval to the City Council, subject to conditions. Prior to .taking action on the item, the Planning Commission held a Study Session on September 28, 2016. 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. 02 City Council Staff Report April 5,2017 Case No.5.0982-PDD 290rrTM 31848 Page 3 Related Relevant City Actions 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. Most Recent Chan a-.of,Ownershi 2016 Freehold Capital Management, LLC, acquired the property. Related Bulldin ;P..ermitsL8usiness Licenses 12/28/16 Construction plans for the amenity center/clubhouse (Permit #2016- 4678) were submitted to the City; the Planning Department approved the plan check on February 13, 2017. 01/11/17 Rehabilitation of previously installed perimeter landscaping, lighting, sidewalks along North Indian Canyon Drive commenced. Neighborhood Meeting N/A None Field'Check 03/14/17 1 Staff visited the site and its surroundin to evaluate present conditions. Sife Area< Net Acres 309.39 acres Surrounding 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 Single-Family Very Low Density East Residential Residential; Medium PD Density Residential School; Undeveloped; Neighborhood West Commercial Uses; Community R-1-C; C-1; C-M Multifamily Commercial; Mixed- Residential use; Medium Density Residential 03 City Council Staff Report April 5,2017 Case No.5.0982-PDD 290/TTM 31W Page 4 BACKGROUND AND SETTING: The Miralon development (previously called the Palm Springs Village and Avalon), was originally approved by City Council on May 5, 2004. The approval allowed for 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. 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. The development was acquired out of bankruptcy by Freehold Capital Management in early 2016, and the company is in the process of completing the project. Following the transfer of ownership, the City Council approved an amended assignment and assumption of a Subdivision Improvement Agreement (SIA) for the development. The applicant submitted an amendment to the Preliminary Planned Development District (PDD 290), which was approved by City Council on November 2, 2016. The amendment converted 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. The amendment also changed the previously approved 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. In addition, the amendment modified the Development Guidelines to include updated architectural and design standards. However, the amendments did not result in any changes to the lot configuration, street configuration, or approved Tentative 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 filed 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 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. 04 City Council Staff Report April 5,2017 Case No.5.0982-PDD 290n-rM 31848 Page 5 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. However, the amendments to the Planned Development District did not result in any changes to the site configuration or the approved Tentative Map. Consequently, no changes are anticipated to the Final Map. 2. Specific steps taken by applicant over the past year to advance the project. As previously noted, an amendment to the Preliminary Planned Development District 290 (PDD 290) was approved by the City Council on November 2, 2016. Rehabilitations to the previously installed off-site infrastructure such as interior streets, walls, and perimeter landscaping are currently in progress. On January 25, 2017, the Planning Commission approved final development plans for the new amenity center/clubhouse facility. The Planning Department has approved construction plan checks for the amenity center facility. Final development plans for the project's open space landscaping was reviewed by the Architectural Advisory Committee (AAC) on March 20, 2017, and recommended for approval to the Planning Commission. 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. 05 City Council Staff Report April 5,2017 Case No.5.0982-PDD 290/FFM 31848 Page 6 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 already commenced work repairing all of the previously installed off- site improvements and the entire infrastructure for Phase 1. 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. 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, 2018, which gives the application 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 Final Map application has been submitted, it is recommended that the Extension of Time request be approved. 06 City Council Staff Report April 5,2017 Case No.5.0982-PDD 2901TTM 31848 Page 7 Marcus Fuller, MPA, P.E, PLS FlInn Fagg, AICP Assistant City Manager/City Engineer Director of Planning Services David H. Ready, Esq., Ph.D City Manager ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution. 3. Letter of extension request from the applicant received January 23, 2017. 4. List of Principals — Freehold Capital Management LLC 5. 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SPRINGS 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, 2017, TO MAY 5, 2018 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 ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF INDIAN CANYON DRIVE, SOUTH OF WHITEWATER RIVER AND WEST OF SUNRISE WAY; ZONE PD 290, SECTION 35 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES: A. Freehold Capital Management, LLC, ("Applicant') 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 22, 2017, the Planning Commission voted to recommend approval of the extension of time request to the City Council, finding that the applicant had demonstrated good cause for the extension. C. On April 5, 2017, a consideration of the application for the extension of time was held by the City Council in accordance with applicable law. D. 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 adopted 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. E. Pursuant to Section 66412.3 of the Subdivision Map Act, the City Council 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. F. 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: 09 Council Resolution April 5,2017 TTM 31848 Time Extension Page 2 of 3 SECTION 1: The above findings are all true and correct. SECTION 2: Pursuant to Section 9.63.110 of the Palm Springs Municipal Code, the City Council hereby approves a one-year extension of time for Tentative Tract Map 31848, from May 5, 2017 to May 5, 2018, subject to those conditions approved on May 5, 2004. ADOPTED THIS 5TH DAY OF APRIL, 2017. David H. Ready, City Manager ATTEST: Kathleen D. Hart, Interim City Clerk 10 Council Resolution April 5, 2017 TTM 31848 Time Extension Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, Kathie D. Hart, Interim 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: Kaththleen D. Hart, City Clerk City of Palm Springs, California 1. I FREEHOLD COMMUNITIES January 9, 2017 Mr. Flinn Fagg Director of Planning Services City of Palm Springs 3200 F. 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 an 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 has made substantial progress in advancing the Miralon project forward, securing the necessary amendment to the PDD to allow for a revised open space use and modifying architectural standards to meet today's market demand among other things. Freehold has also begun the process of repairing onsite infrastructure and is poised to secure a Final PDD for the updated amenity center. Based on these achievements, all of which have been undertaken expeditiously, Freehold, on behalf of Avalon 1150, LLC, is requesting the aforementioned map extension. Given the current approvals do not expire until May 5, 2017, this application is timely. We look forward to your response while we continue to work diligently toward the completion of this exciting project. Thank you in advance for your time and assistance. Brad Shuckhart 7F 11?TA�t �l r Psident, California Division 11870 Pierce St.4180,Riverside,CA 925051 FreeholdCommunities.cam 12 FREEHOLD CAPITAL MANAGEMENT LLC, MEMBERS Jess Baker, Member Thomas C. Tischer, Member 13 EXHIBIT FC YOFPALr01,YWI PALM SPRINGS IN lxf COY DE M:JTLIRA49A Fir:O G)t:N3._T. COUNTY Of RNER5OE,51AlE OF CALIFORNIA ; AVALON FINAL MAP PHASING EXHIBIT ! 1 �,.. f '` I I - - FOR TENTATIVE TRACT MAP NO-31W IS 4ANALMAPP. A I Ile Y"•., ���^ e'J. S L 4 - INFRASTRUCTURE PHASE LOT COUNT I015.F. TOTAL ACREAGL .�, .,. I �~"•'-^ "�• \ l k _ OPLANNING AREA 96 6,00H S.F. .6,"AC OPEN SPACE/RETENTION -PIANNI AREA ST 6.U]IISf. 1.71 Al -PUBLIC PARK In 9 _ewngii� �rA� I `ce I I ®PLANNING AREA 00 S,OA 5.6 12.59AC SIREFlS I f 'N �i--------- -PLANNING AREAI 165 S,K1 O S.F.s.F. .96 AC WELL SHE AREAS N/A NJA 16.I9AC / (MULTI I YXAGF I TOTAL Bm Lors i I INFRASTRUCTURE PHASE! LOi COUNT LOr iE TOTAL ACREAGE �PLANNING AREA 29 6.60S.F. 4.55AC 8 FINAL MAP PHASE _PlwuNwc AREA xa x,mos.r. u.2A AC - 1 } ®PLANNING AREA 515 R' SE' ]A)AC R,50D5 f. (�') O✓'- L_ PLANNING AREA 66 4,000S.f. ).OIAC Mu. ()IE�O PLANNING AREA NO IM S,mOS.E. 12.90AC u NS ' PUNNINGAREA II WA N/A 17.%AC UHRUTHL RY _ PHASE LOTS 55 S LOTS LOTS 'O � � I rouors ]sz is I w� ! I n.e pass:w�p'mas ----- ----------- - - w �.` az _ I ® wrwia as cw�salraw �•_ J" j / \� 1 TENTATIVE TRACT �nrve,E a*nEei,E:A,�u v I . / \ I MAP NO. 31 848 SHEET 1 I BHEET10F SHEET ? I I uvu.euo�iow .......,.rem... 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