HomeMy WebLinkAbout23991 RESOLUTION NO. 23991
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE
PLANNING COMMISSION DECISION TO DENY A
REQUEST FOR A ONE-YEAR EXTENSION OF TIME
FOR A PREVIOUSLY APPROVED MIXED-USE PLANNED
DEVELOPMENT DISTRICT CONSISTING OF 125
CONDOMINIUM UNITS AND APPROXIMATELY 39,000-
SQUARE FEET OF COMMERCIAL RETAIL SPACE ON A
2.67-ACRE SITE LOCATED AT 440-490 SOUTH PALM
CANYON DRIVE, ZONE CBD (PDD 311).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS:
A. On December 17, 2015, Robert Herscu of South Palm Canyon, LLC, submitted
an extension of time request to the City of Palm Springs for a previously approved
mixed-use Planned Development District PDD 311 commonly called the "South Palm
Canyon".
B. The South Palm Canyon property is located at 450490 South Palm Canyon
Drive and is zoned CBD/PDD-311 (Planned Development District 311); the entitlement
is valid for two years and had previously been granted seven (7) one-year extensions of
time.
C. The Planning Commission considered the extension of time request at its public
hearing meeting of December 9, 2015, and determined that the appellant has not
demonstrated a good cause for one more extension and denied the request-
D. On December 17, 2015, Robert Herscu, pursuant to Chapter 2.05 and Section
8.05.230 of the Palm Springs Municipal Code, filed an appeal of the action of the
Planning Commission to deny the extension of time request.
E. On February 3, 2016, the City Council held a public hearing to consider the
Applicant's appeal of the Planning Commission's action to deny the request by Robert
Herscu for a one-year extension of time.
F. At its public hearing conducted on February 3, 2016, the City Council has
carefully reviewed and considered all of the evidence presented in connection with the
appeal, including, but not limited to, the staff report, and all written and oral testimony
presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES:
Resolution No. 23991
Page 2
SECTION 1. The above findings are all true and correct.
SECTION 2. The City Council hereby denies the appeal submitted by Robert
Herscu, regarding the denial of a one-year extension of time request by the Planning
Commission for a previously approved Planned Development District 311 for the
development of a mixed-use project.
ADOPTED THIS 6T" DAY OF APRIL, 2016.
J
DAVID H. READY MANAGER
ATTEST:
MES 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. 23991 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 the 6t" day of April, 2016, by
the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and
Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: Mayor Pro Tern Mills.
ES THOMPSON, CITY CLERK
City of Palm Springs, California
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