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Home My WebLink About2006-05-17 STAFF REPORTS 2I moq 2 f Palm Springs i �I 3e 7 7 Department of Public Works and Engineering t 3200 E. Tahquitz Canyon Way ° Palm Springs, California 92_6_ Tel: (760)323-8253 ° Pax: (760)322-5360 ° Web:www.ci.palm-springs.ca.us MEMORANDUM DATE: May 16, 2006 To: City Council FROM: David Barakian, Director of Public Works/City Engineer �O-- SUBJECT: Item 2 I: Time Extension of the Previously Approved Planned Development District 290 and Tentative Tract Map 31848 located at Avenida Caballeros and San Rafael Drive, Zone R-1-C, Section 25 for Palm Springs Village-309, LLC This project is required to construct a new four-lane divided roadway, identified as the "Sunrise Parkway", which includes landscaped parkways along the south and north sides of the street, and a landscaped median. The north parkway is adjacent to the Riverside County Flood Control levee. The Indian Canyon Drive, San Rafael Drive, and Avenida Caballeros frontages will be maintained by the applicant. However,due to the nature of the Sunrise Parkway extension to Indian Canyon Drive,and its extensive parkway landscaping along the north and south sides of the street, including a landscaped median, it is recommended, as a matter of consistency and to ensure the City can appropriately regulate, control and administer the maintenance of landscaping improvements within and adjacent to public right-of-way for the Sunrise Parkway, that the following condition be added as a new Condition#90A to the project: "The applicant shall be required to establish a Parkway Maintenance District in accordance with the Landscaping and Lighting Act of 1972(Section 22500 at.seq. of the California Streets and Highways Code), for landscape maintenance of the Sunrise Parkway (south and north parkways adjacent to Tentative Tract Map 31848 and the median island) by the City. The applicant shall coordinate with the City Engineer on the formation of a Parkway Maintenance District, and shall deposit costs as required to obtain Assessment Engineering and other professional services necessary to establish the Parkway Maintenance District. The Parkway Maintenance District shall be established priorto acceptance of the parkway and median island landscaping by the City Engineer." Adding Condition #90A outlined above will require that Condition #3 be amended by deleting the following sentence therefrom: "The PS Village HOA shall be responsible for the maintenance of both sides of the Sunrise Parkway." Staff has discussed the recommend changes to the Conditions of Approval with Scott Lissoy, of PS Village 309, LLC, and with Gary Williams, Vice President of Development, for Sun Cal Companies, representatives of the project. Each has indicated approval to staff of the proposed changes. AW-im Post Office Box 2743 • Palm Springs, California 92263-2743 �^ �Z w � V YE * k * C •s M TvIIAt Ev Cq��FORN�P CITY COUNCIL STAFF REPORT DATE: May 17, 2006 CONSENT CALENDAR SUBJECT: APPROVAL OF A TIME EXTENSION OF THE PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 290 AND TENTATIVE TRACT MAP 31848 LOCATED AT AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONE R-1-C, SECTION 35 FOR PALM SPRINGS VILLAGE-309, LLC FROM: David H. Ready, City Manager BY: Planning Department SUMMARY The applicant has requested a one-year extension on the entitlements for the Palm Springs Village Planned Development and Tract Map. No public hearing is required. RECOMMENDATION: Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA TO APPROVE A ONE-YEAR EXTENSION FOR CASE NO. 5.0982 PD — 290 AND TTM 31848, LOCATED AT AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONED PD 290 FOR PALM SPRINGS VILLAGE-309, LLC." STAFF ANALYSIS: On April 24, 2006, the applicant and developer — Palm Springs Village-309, LLC — forwarded their request for an extension to the entitlements for Palm Springs Village — a residential subdivision to be developed north of Sunrise Way, between Indian Canyon [Drive and Sunrise Way. The current expiration date is May 5, 2006, and the applicant cites circumstances for delays in initiating final approvals, including litigation. On May 10, 2006, the Planning Commission considered the extension request and voted 7 — 0 to approve the extension. A copy of the applicant's request and the Planning Commission staff report and resolution are attached to this memo. /� Item No. L. ( . City Council Staff Report May 17, 2006 Case 5.0982— PD 290/TTM 31848 Page 2 of 2 RECOMMENDATION Staff recommends that the Council approve the extension based on the attached draft resolution. The new expiration date would be May 5, 2007. FISCAL IMPACT: Finance Director Review: No fiscal impact. ing, A C�i,A.,Fw -Thomas J. Wilson �Direcorof Planr ervices Assistant City Ma ager, Dev`t Svcs David H. Ready City Manager Attachments: 1. Draft City Council Resolution 2. Planning Commission Staff Report, May 10, 2006 3. Planning Commission Resolution No. 4. Applicant Letter of Request; April 24, 2006 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA TO APPROVE A ONE- YEAR EXTENSION FOR CASE NO. 5.0982 PD — 290 AND TTM 31848, LOCATED AT AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONED PD 290 FOR PALM SPRINGS VILLAGE-309, LLC. WHEREAS, Palm Springs Village — 309, LLC ("Applicant') has filed an application with the City pursuant to Section 94.03.00(D) of the Zoning Ordinance and Section 9.63.110(b) of the Municipal Code, for a one-year time extension for Case No. 5.0982 Planned Development - 290 and Tentative Tract Map 31848. WHEREAS, on May 10, 2006, the Planning Commission considered the request in a public meeting and recommended approval of the extension request; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and the Mitigated Negative Declaration for this Case No. 5.0982 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. 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: Pursuant to the requirements of Section 94.02.00(F), the City Council finds: 1. The previously approved Mitigated Negative Declaration 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. City Council Resolution May 17 2006 Case 5.0982-PD 290/TTM 31848 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves a one-year time extension for Case No. 5.0982 — PD 290 and TTM 31848. ADOPTED this 17th day of May, 2006. David H. Ready, City Manager ATTEST: James Thompson, City Clerk of pAtn4 s U n k rye' ""° ��* PLANNING COMMISSION STAFF REPORT �ttIZOV, Date: May 10, 2006 Case No.: 5.0982, PD —290 /TTM 31848 'Type: Tentative Tract Map/Planned Development Location: Avenida Caballeros and San Rafael Drive APN: 669-330-016, 031, 035 & 036 Applicant: PSV 309 General Plan: Residential Zone: PD-290 From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: Edward G. Robertson, Principal Planner PROJECT DESCRIPTION: Palm Springs Village-309, LLC, has submitted a request for a one-year time extension for Planned Development District 290 (PD-290) and Tentative Tract Map 31848 (TTM 31848), a previously approved Planned Development District on May 5, 2004. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of a one-year time extension for TTM 31848 and Case 5.0982 PD-290 until May 5, 2007. BACKGROUND: Tentative Tract Map 31848 and PD-290 were approved on May 5, 2004 by the City Council. The PD was approved in-lieu of a change of zone from R-1-C to PD to allow the creation of a multi-family and single-family residential development. Planning Commission Staff Report May 10,2006 Case TTM 28308/5.0982 PD-290 Page 2 of 2 According to the request letter from the applicant, the lawsuit involving the Palm Springs Village project filed on June 10, 2004, by the Citizens for Responsible Planning was the main reason construction process has been delayed. Based on this reason, staff has determined that the extension request dated April 24, 2006, can be considered as applying to both the Planned Development and the Tentative Tract Map. ANALYSIS: Section 94.03.00(H) of the Zoning Code states that extensions of time for a PD may be allowed by demonstration of good cause. According to Chapter 9.63.110 of the Municipal Code, there are no specific findings or determinations that need to be made to grant the time extension for the map. The Municipal Code does limit all time extensions to one-year and that requirement is being carried forward in staff's recommendation. 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. ENVIRONMENTAL DETERMINATION: A Mitigated Negative Declaration of environmental impact was previously approved by City Council on May 5, 2004, Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent Negative Declaration, Addendum Negative Declaration, or further 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. These changes could not result in any new environmental impacts beyond those already assessed in the adopted mitigated negative declaration _B6'�ItPILII El and 0. F� be on rai A. E ing, P Pri cipal Pla r Dir f PI ni Services Aitachments: 1. Draft Resolution 2. Letter of Request RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE NO. 5.0982 PD — 290 AND TTM 31848 LOCATED AT AVENIDA CABALLEROS AND SAN RAFAEL ROAD, ZONED PD 290. WHEREAS, Desert Chapel (Applicant') has filed an application with the City pursuant to Section 94.03.00(D) of the Zoning Ordinance for a one-year time extension to Case No. 5.0982 Planned Development - 290 and Tentative Tract Map 31848 to allow a subdivision at Avenida Caballeros and San Rafael Road; and WHEREAS, on May 10, 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. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the requirements of Section 94.02.00(F), the Planning Commission finds: 1. The applicant has requested an extension of time in accordance with the requirements of the Zoning Code. 2. 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves the time extension for Case No. 5.0982 — PD 290 and TTM 31848. Planning Commission Resolution May 10, 2006 Case 5.0982-PD 2901 TTM 31848 Page 2 of 2 ,ADOPTED this 10th day of May, 2006. ,AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairman Planning Commission Secretary PSV PALM SPRINGS VILLAGE-309,LLC 2922 DAIMLER STREET • SANTA ANA, CA 92705 (949) 224.1970• FAX: (949) 224-1963 April 24,2006 Via Hand Delivery and Facsimile:(760)322-8360 Craig A.Ewing,AICP Director of Planning Services City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs,California 92263 RE: Palm Springs Village—Tract 31M—PD209 Stay/Extension of PD and Tentative Tract Map Approval Dear Mr.Ewing: This letter shall serve as a formal request for a stay of approval and extension of time for the above-referenced project entitlements,pursuant to Section 66452.6(c)of the Subdivision Map Act and Section 94.03.00H of the Palm Springs Municipal Code. As you know,the Subdivision Map Act entitles a subdivision applicant to a tolling of tract map expiration for the period of time during which a lawsuit involving the approval was pending,provided the application for stay is received before the expiration of the existing approvals. Given that the current approvals do not expire until May 5,2006,this application is timely,and written confirmation as such would be greatly appreciated. Due to the lawsuit involving the Palm Springs Village project,filed on June 10,2004 by Citizens for Responsible Planning,we request that the City recognize a stay during this period until November 24,2004,when the suit was settled. We understand that the City of Palm Springs will allow up to one year,at its discretion,for an extension under Section 66452.6(c). Further,under Section 94.03.00H of the City's Municipal Code,an applicant can request an extension of preliminary development plans upon a showing of good cause. Accordingly,we respectfully request a one-year extension of the above-referenced approvals to account for the loss of time and momentum inflicted by the third-party lawsuit. While numerous plans are currently in plan check and a grading permit has been issued,we are confident that the City will continue to work with us to allow us to deliver a project that will make current and future residents feel proud to be part of the Palm Springs community. Thank you,in advance,for your time and assistance. Sincere] Scott Lissoy Managing Member cc: Stan Brown,SunCal Companies Gary Williams,SunCal Companies