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HomeMy WebLinkAbout3/2/2005 - STAFF REPORTS (9) DATE: March 2, 2005 TO: City Council FROM: Interim Director of Planning Services TPM 30581 — APPLICATION BY STROKE ACTIVITY CENTER FOR A TIME EXTENSION FROM SEPTEMBER 18, 2004 TO SEPTEMBER 18, 2005 FOR THE SUBDIVISION OF APPROXIMATELY FOUR ACRES OF LAND INTO TWO PARCELS ON THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, ZONES PD158 AND M-1-P, SECTION 12. RECOMMENDATION That the City Council approve a one-year time extension for Tentative Parcel Map 30581. SUMMARY The Planning Commission, at their August 11, 2004 meeting recommended approval of a two- year time extension for TPM 30581. However, the recommendation was made in error due to the Citys Municipal Code, Section 9.63.110, only allowing a maximum tentative map approval extension of one year. Therefore, the Planning Commission's recommendation has been adjusted to be consistent with the provisions of the City's Municipal Code. The applicant submitted a request for time extension of TPM 30581 on June 16, 2004, well before the original expiration date of the map on September 18, 2004. However, due to errors in interpreting the Municipal Code and a failure to act on the request in a timely manner, the map, in the judgment of staff and the City Attorney, remains active until appropriate action is taken. 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" Although the Planning Commission recommended approval of the time extension at the August 11, 2004 meeting, the item was not subsequently scheduled for a City Council meeting. The placement of this item on the City Councils calendar will allow the Council to consider extending the map to September 18, 2005. BACKGROUND The parcel map was approved by the City Council on September 18, 2002. The project site consists of one lot and is designed IND (Industrial) on the General Plan and zoned PD-158 with an underlying zoning classification of M-1-P (Planned Research and Development zone). The parcel map will create two new parcels. Parcel 1 will be 2.72 acres in size and will have the existing Stroke Activity Center located on it. This parcel meets all Zoning Ordinance requirements and the existing Stroke Activity Center building will comply with all property development standards, including setbacks. The small masonry storage structure located on the northwest corner of Parcel 1 will need to be demolished as it was constructed on the future property line being created by this proposal. The structure will need to be removed prior to n5 t" �.. El,C 0001 approval of the final map. Parcel 2 will be 2.02 acres in size and is vacant. Parcel 2 also complies with all zoning requirements. Surrounding zoning consist of A (Airport) zone to the east and south and M-1-P to the west and north. Surrounding uses include vacant land to the east and north, the Palm Springs Mounted Police stable to the southeast, and the City's maintenance yard to the south. ENVIRONMENTAL ASSESSMENT This project is categorically exempt from environmental review pursuant to Section 15332 of the California Environmental Quality Act (CEQA), whereby this project meets the conditions for an in-fill development as follows: a) The project is consistent with the general plan designation and zoning classification for the property; b) The project occurs within city limits on a site not greater than five acres; c) The subject property has no value as habitat for endangered, rare, or threatened species; d) The approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and e) The sitJs adequately served by all required utilities and public services. IntZ' Dire or of Plannin Services City Manager A ATTACHMENTS 1. Vicinity Map 2. Request for time extension dated June 16, 2004 3. Resolution C.T 0002 Strobe I.ec®very Center (fog nzerly Palni Springs Stroke Activity Center) I 2800 East Alejo Road - Palm Springs, CA 92262-6253 /r 760-323-7676 •Fax 760-325-8026 email:psstrkcntrgaol.com WB begs.,lylve OCGBCS leave off," A non-profit 501(c)(3)organization.Tax ID 95-3402464 June 16, 2004 Douglas R. Evans Director of Planning and Zoning City of Palm Springs 3200 E Tahquitz Canyon Way Palm Springs CA 92263 RE: Continuance of Parcel Map No. 30581 Dear Mr. Evans: I am Eileen Packer, Executive Director of the Stroke Recovery Center. I am writing to request a time line extension of Parcel Map No. 30581. In speaking with Mr. Meyerhoff, he asked if I knew our case number; my apologies, but I was unable to locate it. I am enclosing a check for $740.Q0, which is the fee for the extension. Please let me know if you require any further information. Thank you to your staff for being so accommodating in answering our questions regarding the process. Sincerely, Eileen Packer, R.D., CAE Executive Director r r 0004 RESOLUTION NO. 21220 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM SEPTEMBER 18, 2004 TO SEPTEMBER 18, 2005 FOR TENTATIVE PARCEL MAP 30581 TO SUBDIVIDE APPROXIMATELY FOUR ACRES OF LAND INTO TWO PARCELS ON THE NORTHEAST CORNER OF ALEJO ROAD AND COMMERCIAL ROAD, ZONES PD-158 AND M-1-P, SECTION 12. WHEREAS, the Stroke Activity Center, (the "Applicant') has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance and Section 9.60 of the Municipal Code for Tentative Parcel Map 30581 to subdivide approximately four acres of land into two parcels on the northeast corner of Alejo Road and Commercial Road, Zones PD-158 and M-1-P, Section 12; and WHEREAS, the Applicant has filed a request for time extension for Tentative Parcel Map 30581 with the City and has paid the required filing fees; and WHEREAS, on July 24, 2002, the Planning Commission voted to recommend that the City Council approve the proposed project, subject to the conditions of approval; and WHEREAS, on September 18, 2002, the City Council voted to approve the proposed project subject to the conditions of approval; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council considered the effects of the proposed subdivision, Tentative Parcel Map 30581, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council considered the effects of the proposed subdivision, Tentative Parcel Map 30581, and determined that the proposed subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, the proposed project 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 15332 for in-fill development projects; 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. Resolution 21220 Page 2 NOW, THEREFORE BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves a time extension from September 18, 2004 to September 18, 2005 for Tentative Parcel Map 30581. ADOPTED this 2nd day of March , 2005. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk City Manager Reviewed and Approved as to Form: Resolution 21220 Page 3 ®R'i.!P_ N Department 4f Planning Services W+E Vicinity+ Map 5 TAMARISK RD 0 J J C w 00 Q � 0 E J Q o � >- w � z w 0 F o � U O ALEJO RD 0 U CITY OF PALM SPRINGS CASE NO: TPM 30581 FAa TION: n for one-year time extension of TPM 30581 to APPLICANT: Stroke Activity Center approximately four acres into two parcels on the corner of Alejo Road and Commercial Road, Zones ND M-1-P, Section 12.