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HomeMy WebLinkAbout2006-07-19 STAFF REPORTS 2G °�pAIM Sp4 ~ c1 u m �YOAiEO.eE CITY COUNCIL STAFF REPORT Date: July 19, 2006 Consent Calendar Case No.: TTM 32263 Application Type: Time Extension for Tentative Tract Map Location: 1301 Montalvo Way Applicant: RSM Arbours, LP Zone: M-1-P, Planned Research and Development Park General Plan: A, Airport APNs: 677-461-002 and 677-461-003 From: David H. Ready, City Manager Ely: Department of Planning Services ,)UMMARY RSM Arbours, LP has requested a one-year time extension from May 19, 2006 to May 19, 2007 for Tentative Tract Map 32263 (TTM 32263), located at 1301 Montalvo Way, '_one M-1-P, Section 7, APNs 677-461-002 and 677-461-003. 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 MAY 19, 2006 TO MAY 19, 2007 FOR TENTATIVE TRACT MAP 32263 TO SUBDIVIDE APPROXIMATELY 2.3 ACRES OF LAND FOR THE PURPOSES OF CONDOMINIUM LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7. ITEM I'd0.,.�. — ---------- City Council Staff Report July 19, 2006 TTM 32263 Time Extension PRIOR ACTIONS TAKEN ON THE PROJECT On April 24, 2004, the TTM 32263 was recommended approval to City Council by the Planning Commission. On May 19, 2004, City Council approved TTM 32263 subject to conditions. On June 28, 2006, the Planning Commission voted 6-0 (1 absent) to recommend that the City Council approve a one-year time extension from May 19, 2006 to May 19, 2007 for TTM 32263. BACKGROUND AND SETTING The applicant submitted a request for time extension of TTM 32263 on March 20, 2006, prior to the expiration date of the map on March 21, 2006. 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..." The project site consists of one lot and is designed "A" (Airport) on the General Plan and zoned M-1-P (Planned Research and Development zone). The site is approximately 2.30 acres and has a recently constructed building. Table 1: Surrounding land uses, General Plan, Zoning Land Use General Plan Zoning 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 East 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 [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 rnap process. Page 2 of 4 City Council Staff Report July 19, 2006 TTM 32263 Time Extension 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: 1. The project's overall plan and lot configuration, 2. The uses and development of the surrounding area, and 3. The applicable policies of the General Plan, zoning ordinance and other regulations. No significant changes have occurred in these 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 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. NOTIFICATION Requests for time extensions do not require public notice. FISCAL IMPACT Finance Director Review: No fiscal impact. -fq r 'g A. wing6igpServices Thomas J. Wits nC rect �f Pla Assistant City �anager David H. Ready City Manager Page 3 of 4 City Council Staff Report July 19, 2006 TTM 32263 Time Extension ATTACHMENTS 1. Vicinity Map 2. TTM 32263 time extension draft Resolution and Conditions of Approval 3. TTM 32263 Resolution 4. Request for time extension from applicant received March 20, 2006 5. Planning Commission staff report & Resolution 6. Planning Commission minutes (excerpts) Page 4 of 4 N Department of Planning Services W+E Vicinity Map S I � 1 VISTA CHINO V NI A R E Lj O A HEVA Legend site 500'Radius CITY OF PALM SPRINGS CASE NO: TTM 32263 Time DESCRIPTION: To consider an application by RSM Extension Arbours, LP for a Tentative Tract Map 32263 Time Extension. The request is for a one year extension for the APPLICANT: RSM Arbours, LP property located at 1301 Montalvo Way, Zone M-1-P, Section 7. 001XJX RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM MAY 19, 2006 TO MAY 19, 2007 FOR TENTATIVE TRACT MAP 32263 TO SUBDIVIDE APPROXIMATELY 2.30 ACRES FOR CONDOMINIUM PURPORSES LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7. WHEREAS, the RSM Arbours, LP, (the "Applicant") filed an application with the City pursuant to Section 9.60 of the Municipal Code for Tentative Tract Map 32263 to subdivide approximately 2.30 acres for condominium purposes located at 1301 Montalvo Way, Zones M-1-P, Section 7; and WHEREAS, on April 24, 2004, the Planning Commission voted to recommend that the City Council approve Tentative Tract Map 32263, subject to the conditions of approval; and WHEREAS, on May 19, 2004, the City Council voted to approve Tentative Tract Map 32263 subject to the conditions of approval; and WHEREAS, the Applicant has filed a request for a one-year time extension from May 19, 2006 to May 19, 2007 for Tentative Tract Map 32263 with the City and has paid the required filing fees; and WHEREAS, on June 28, 2006, the Planning Commission held a public meeting and voted 6-0 to recommend that the City Council approve a one-year time extension of Tentative Tract Map 32263; and WHEREAS, on July 19, 2006, the City Council held a public meeting to consider the applicant's request for a one-year time extension of Tentative Tract Map 32263; 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: The proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined 0-FIX (S City Council Resolution July 19, 2006 TTM 32263 Time Extension to be Categorically Exempt pursuant to Section 15061(b)(3)(General Rule) of the CEQA Guidelines. >ection 2: Approve a one year time extension from May 19, 2006 to May 19, 2007 for Tentative Tract Map 32263. ADOPTED THIS 19th day of July, 2006. David H. Ready, City Manager ATTEST: James Thompson, City Clerk Page 2 of 3 City Council Resolution July 19, 2006 TTM 32263 Time Extension 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 Page 3 of 3 EXHIBIT A TTM 32263 1301 Montalvo Way June 28, 2006 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, 2007. 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. RESOLUTION NO. 26934 ' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,APPROVING TENTATIVE TRACT MAP 32263,FOR THE CONVERSION OF A 33,300 SQUARE FOOT LIGHT INDUSTRIAL OFFICE BUILDING INTO A BUSINESS CONDOMINIUM COMPLEX AND SUBDIVISION OF 2.30 ACRES OF LAND INTO 1 LOT. LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7. WHEREAS,Palm Springs Commerce Center,LLC(the"Applicant")has filed an application with the City pursuant the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to subdivide 2.30 acres of land into 'I lot located at 1'301 Montalvo Way,Zone M-1-P, Section 7;and WHEREAS,the Applicant has filed Tentative Tract Map 32263 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code,with the request for their review, comments, and requirements;and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 32263,was given in accordance with applicable ' law; and WHEREAS,on April 28,2004,a public hearing on the application for Tentative Tract Map 32263 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission, at its April 28, 2004 meeting, recommended approval of Tentative Tract Map 32263; and WHEREAS,notice of the public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 32263, was given in accordance with applicable law; and WHEREAS, on May 19, 2004, a public hearing on the application for Tentative Tract Map 32263 was held by the City Council in accordance with applicable law; and WHEREAS,the proposed subdivision,Tentative Tract Map 32263,is considered a"project" pursuant to the terms of the California Environmental Quality Act ("CEQA'), and is categorically exempt from the provisions of CEQA per Section 15301 (Existing Facilities) and 15315(Minor Land Divisions). WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting 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: Section 1: Pursuant to CEQA, the City Council finds that,Tentative Tract Map 32263 is categorically exemptfrom environmental assessment per Section 15301 (Existing Facilities) and 15316 (Minor Land Divisions) of the California , Environmental Quality Act(CEQA). Resolution 20934 Page 2 ' Section 2: Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan. Section 3: Pursuant to the Palm Springs Municipal Code Section 9.60,the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which an business office complex is authorized by the City's Zoning Ordinance and General Plan. The proposed Tentative Tract Map application for a 9 unit business condominium development is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to the existing uses specifically permitted in the zone in which the proposed use is to be located. b. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The project site is currently under construction. The subject property is zoned M-1- P(Service/Manufacturing Zone,and designated A(Airport)in Ile Genera IPlan. The proposed lot is 2.30 acres. The Palm Springs Commerce Center was approved by the Planning Commission on July 24,2002 as a by right of zone project and meets all codes and ordinances. The 9 unit light industrial building use fits within the broad range of uses typically allowed in the A General Plan and M-1-P Zoning Ordinance categories, The proposed business condominiums are one(1)story with a maximum height of thirty one(31)feet. The applicant is constructing fifty seven(57)standard parking spaces and twenty seven(27)compact parking spaces. Total building ground floor lot coverage is 33,321 square feet comprising of 33% of the total lot area. Landscaped open space is 17,350 square feet comprising of 15% of the total lot area. C. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Access to the property will be from a two driveway entries on Montalvo Way. Internal circulation consists of a 24 and 26 feet wide ingress and egress common driveways. The common driveway would be privately maintained as well as the landscaped areas around the development. d. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare. ' The project is consistent with good development practices and would be beneficial to development In the vicinity. Resolution 20934 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council ' hereby approves Tentative Tract Map 32263, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 19th day of May 2004. AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden NOES: None ABSENT: None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: ` t0 Resolution 20934 Page 4 EXHIBIT A Tentative Tract Map 32263 1301 Montalvo Way May 19, 2004 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, 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 Administrative ' 1. 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. 2. 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 Case 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. ��n�,3 Resolution 20934 Page 5 3. That the property owner(s)and successors and assignees in interest shall maintain and ' repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. CC&R's 4. The applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's")to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2,000 for the review of the CC&R's by the City Attorney. A$250 filing fee shall also be paid to the City Planning and Zoning Department for administrative review purposes. 5. Conditions of Approval for Case 3.2214 adopted on July 24, 2002 also apply. POLICE DEPARTMENT: ' 6. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 7. Per Conditions of Approval for Case 3.2214 adopted on July 24, 2002, ENGINEERING: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. MAP 8. 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 existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. M 1(rw Resolution 20934 Page 6 ti 044Aa' Sp�''t N Department of Planning and Zoning W E J ` N Vicinity Map S CHIA RD Wo O (D Q G7 I (D O Z D — C O CITY OF PALM SPRINGS - (CASE NO.: Tentative Tract Map 32263 DESCRIPTION: Application >�ilp Cleary of the Palm Springs Commerce Center to convert a light industrial 33,300 sq.ft. office building into a business PLICANT: Philip Cleary of the Palm condominium complex with 9 office suites, the site is ings Commerce Center approximately 2.30 Acres. The subject property is located at 1301 Montalvo Way, Zone M-1-P, Section 7. Ot" 1 U7 Th- Jameson Com�;Any Real Estate Development and investment March 16,2006 Mr. Craig Ewing Director of Planning Services City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 Re: Tentative Tract Map 32263 130i iviontalvo 1,hlay, 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. Ewing: 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. It does not appear that Mr. Cleary processed and filed the Final Tract Map. We would like to begin processing the Final Map at this time, but it is unlikely that it could be completed within the initial two year time limit. Please accept this letter as our request and application for an extension in the time limit for the tentative map. We would like the extension to be as long as is allowed at this time under your rules, hopefully at least one year. Please let me know if applications fees or a formal application form are required. Your assistance is appreciated. Sincerely, b urs, LP e ey Par r .; ,s, n��:,_ tea` a.,,�;i'.. �z zap •,":a. ,<, AtstTn,ULL n P Ct, MBAR -CC Carol Templeton 4 Salerno, Irvine, California 92614 • Phone (949) 357-1990 • Fax (949) 757-0110 �f tAIM S h� h ^� u � k " PLANNING COMMISSION STAFF REPORT Date: June 28, 2006 Case No.: Tentative Tract Map (TTM) 32263 Type: Tentative Tract Map Location: 1301 Montalvo Way APN: 677-461-002 and 677-461-003 Applicant: RSM Arbours, LP General Plan: A, Airport Lone: M-1-P, Planned Research and Development Park From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: David A. Newell, Assistant Planner PROJECT DESCRIPTION: The applicant has requested to extend the previously approved tentative tract map for one-year. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of a one-year time extension for TTM 32263. PRIOR ACTIONS: On April 24, 2004, the TTM 32263 was recommended approval to City Council by the Planning Commission. On May 19, 2004, City Council approved TTM 32263 subject to conditions. Planning Commission Staff Report June 28, 2006 Case TTM 32263 Page 2 of 3 BACKGROUND: -rho 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. 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 lusted 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 Light Industrial Research and Building Development Park East A, Airport M-1-P, Planned Light Industrial Research and Building Develo ment Park West A, Airport M-1-P, Planned Airport Research and 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. However, according to Chapter 9.63.110(b) of the PSMC, the applicant must submit the request for time extension sixty days prior to map expiration. The sixty day cut-off date was March 21, 2006 and the applicant satisfied this condition by submitting on March 20, 2006. Chapter 9.63.110(c) of the PSMC limits all map time extensions to twelve months and that requirement is being carried forward in staff's 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, 2007. Planning Commission Staff Report June 28, 2006 Case TTM 32263 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. David A. Newell Assistant Planner in Dire6A.�of Z, AI ervices Attachments: 1. Draft Resolution 2. 500' Radius Map 3. Conditions of Approval 4. Letter of Request RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF TTM 32263 LOCATED AT 1301 MONTALVO WAY, ZONE M-1-P, SECTION 7. WHEREAS, 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 June 28, 2006, a public hearing on the application for 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 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 extension for TTM 32263. ADOPTED this 28th day of June, 2006. AYES: 6 /Ring lei n/Co hen/Ma rantz/S hoe nberger/Roath/Ringlein/Hutcheson NOES: None ABSENT: 1 /Hochanadel ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA /s/ /s/ Planning Commission Chairman Planning Commission Secretary