HomeMy WebLinkAbout12/17/2008 - STAFF REPORTS - 1.A. °�Qawn�SAS
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CITY COUNCIL STAFF REPORT
DATE: December 17, 2008 PUBLIC HEARING
SUBJECT: SUNQUITZ, LLC- — AN APPEAL OF THE PLANNING COMMISSION'S
DECISION TO DENY A ONE-YEAR TIME EXTENSION REQUEST FOR
CASE NO. 5.1025 — PD-307, A PREVIOUSLY APPROVED PLANNED
DEVELOPMENT DISTRICT FOR THE DEVELOPMENT OF
APPROXIMATELY 94,000 SQUARE FOOT COMMERCIAL RETAIL CENTER
LOCATED AT THE NORTHWEST CORNER OF NORTH SUNRISE WAY
AND EAST TAHQUITZ CANYON WAY.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The appellant Hank Gordon of Sunquitz, LLC, is appealing a decision of the Planning
Commission denying a one-year time extension request for a..previously approved planned
development district for the development of approximately 94,000 square foot commercial
and retail center. The Planning Commission's decision to deny the one-year time request
was made at the October 22, 2008, public hearing meeting.
RECOMMENDATION
1- Open the public hearing and receive public testimony.
2. Adopt Resolution No. _ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, UPHOLDING AN APPEAL AND GRANTING A
ONE-YEAR TIME EXTENSION REQUEST FOR THE PREVIOUSLY APPROVED
PLANNED DEVELOPMENT DISTRICT (PD 307) ALLOWING THE DEVELOPMENT
OF A 94,000-SQUARE FOOT COMMERCIAL RETAIL CENTER TO BE LOCATED
AT THE NORTHWEST CORNER OF NORTH SUNRISE WAY AND EAST
TAHQUITZ WAY, ZONE RA, SECTION 14."
PRIOR ACTIONS
On September 12, 2005, the Indian Planning Commission (]PC) reviewed the project and
recommended approval to the Agua Caliente Band of Cahuilla Indians Council.
Item No. 1 . A .
City Council Staff Report Page 2 of 3
December 17,2008
5.1025-PD$07 Time Extension-Appeal
On January 25, 2006, the Planning Commission recommended that the City Council adopt
the Mitigated Negative Declaration and approve Case No. 5.1025 PD-307.
On March 15, 2006, the City Council approved the proposed project as recommended by
the Planning Commission.
On September 24, 2007, the Architectural Advisory Committee reviewed the proposed final
development and construction plans, and found the project to be in substantial conformance
with all applicable development standards of the preliminary Planned Development. The
Planning Commission found the final development plans to be substantially in conformance
with the previously approved Planned Development District 307 on October 24, 2007.
On January 16, 2008, the City Council adopted a resolution of public convenience or
necessity for a "Type 21" license to sell beer, wine and distilled spirits at the future Vans
Grocery Store at the proposed development.
On October 22, 2008, the Planning Commission reviewed a one-year time extension
request for the project, and by a 5-1-1 vote, (Donenfeld opposed / Ringlein absent) denied
the request.
BACKGROUND AND STAFF ANALYSIS
The previously approved project is for the development and operation of a retail shopping
center containing approximately 94,000 square feet of retail space in four commercial
structures on an approximately eight-acre site. The subject site is located at the northwest
corner of Sunrise Way and Tahquitz Canyon Way.
Architectural approvals for the project were granted pursuant to Section 94.04.00 of the
Palm Springs Zoning Code (PSZC). All architectural approvals have a two-year time limit for
construction. This project was originally approved on March 15, 2006; therefore, the
architectural approval expired on March 15, 2008. According to Section 94.04.00 (H) of the
PSZC, "extensions of time may be granted by the Planning Commission upon
demonstration of good cause". The applicant submitted a letter of time extension request on
August 13, 2008, approximately five (5) months after the date of expiration of the
entitlements.
Pursuant to Section 94.04.00(H), retroactive time extensions are accepted if submitted
within six months of the original expiration date. In his letter of time extension request, the
applicant stated that construction has not commenced at the site due to construction cost
increases along with the current weak economic and development climate.
At their meeting of October 22, 2008, the Planning Commission considered changes in the
applicable rules and the changes in the character of the neighborhood since the original
entitlement was approved. In the discussion that led to the decision to deny the time
extension request, the Commission found that a retroactive time extension should not be
granted for the following reasons:
U2
City Council Staff Report page 3 of 3
December 17,2008
5.1025-13D 307 Time Extension-Appeal
The changes made to the site plan are such that it is no longer in keeping with the
previously approved project.
The development of one of the few remaining prominent corners in the City
should be reconsidered for its highest and best use.
As a gateway from the Palm Springs Airport to the downtown section of the City, a
more attractive development is desired at this location.
Staff concluded earlier that since the approval of the original entitlement, there have been
no substantial changes in the applicable rules or in the character of the neighborhood that
would warrant denial of the time extension. However, the Planning Commission had a
different conclusion; hence the time extension request was denied.
Staff and the City Manager have considered the appellant's request in light of the
applicant's efforts to bring the project to fruition, as well as current economic environment.
While the Planning Commission raised valid concerns about the project and its location,
staff and the City Manager have concluded that the City Council should uphold the appeal
and grant a one year extension on the project.
FISCAL IMPACT
None,
G A wing, Thomas Wilson ssistant City Manager
Direr or of Plan 'n Services
David H. Ready, CLbV= nager
Attachments:
1. Vicinity Map
2. Draft Resolution
3. Letter of Appeal from Mr. Hank Gordon
4. Letter of the appeal hearing date to the appellant
5. Reduced Site Plan
6. Planning Commission Minutes, dated October 22, 2008 (excerpt)
7. Planning Commission Staff Report, October 22, 2008
8. Planning Commission Resolution 7175
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CITY OF PALM SPRINGS
CASE NO: 5.1025 PD-307 DESCRIPTION: Planned Development district 307 for the
development and operation of a 94,000-square foot
APPLICANT: H & H Investments, LLC shopping center at the northwest corner of Tahquitz Canyon
Tahquitz Plaza/Vons Way and Sunrise Way, Zoned RA, Section 14. APN: 508-
Retail Center 070-042, 508-070-035.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, UPHOLDING AN APPEAL
AND GRANTING A ONE-YEAR TIME EXTENSION
REQUEST FOR THE PREVIOUSLY APPROVED
PLANNED DEVELOPMENT DISTRICT (PD 307)
ALLOWING THE DEVELOPMENT OF A 94,000-SQUARE
FOOT COMMERCIAL RETAIL CENTER TO BE LOCATED
AT THE NORTHWEST CORNER OF NORTH SUNRISE
WAY AND EAST TAHQUITZ WAY, ZONE RA, SECTION 14
WHEREAS, Sunquitz LLC ("Applicants") filed an application with the City pursuant to
Chapter 94.04.0(H) of the Palm Springs Zoning Code for a one-year time extension for
Case No. 5.1025, PD-307 to construct a 94,000-square foot commercial retail center as
part of a previously approved Planned Development District.
WHEREAS, on October 22, 2008, a public hearing on the application was held by the
Planning Commission; and
WHEREAS, the Planning Commission 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.
WHEREAS, on October 22, 2008, the Planning Commission denied a one-year time
extension request for Case No. 5.1025-PD 307; and
WHEREAS, on November 19, 2008, Sunquitz, LLC, filed an appeal of the Planning
Commission's decision regarding the one-year time extension request; and
WHEREAS, on December 17, 2008, the City Council conducted a public hearing on the
appeal by Sunquitz, LLC; and
WHEREAS, the City Council reviewed all of the evidence presented in connection with
the matter, including, but not limited to, the staff report and exhibits prepared on the
matter, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That the applicant has demonstrated continuous on-going efforts to bring
the project to fruition in a difficult economic environment.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby upholds the appeal and grants a one-year time extension request to
Planned Development District 307 for a 94,000-square foot commercial retail center to
be located at the northwest corner of N. Sunrise Way and E. Tahquitz Canyon Way.
L°�
Resolution No.
Page 2
ADOPTED THIS day of , 2008.
ATTEST: David H. Ready, City Manager
James Thompson, City Clerk
i��
Resolution No.
Page 3
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:
Jams Thompson, City Clerk
City of Palm Springs, California
�'1
Paee 1 of 1
Kathie Hart
From: Hank Gordon [hgordon@launch properties com]
Sent: December 03, 2008 10.24 AM
To: Edward Robertson
Cc: Jay Thompson; Kathie Hart; Craig Ewing
Subject: RE. Appeal Hearing Date
Thank you, I will be there
Hank
From: Edward Robertson [mailto:Edward.Robertson@palmsprings-ca.gov]
Sent: Wednesday, December 03, 2008 9:04 AM
To: Hank Gordon
Cc: Jay Thompson; Kathie Hart; Craig Ewing
Subject: Appeal Hearing Date
Good morning Mr, Gordon,
This email is intended to confirm that your appeal of the Planning Commission's decision to deny the time extension
request for Case 5 1025-PD307 has been scheduled for hearing by the City Council on December 17, 2008. The City
Council meetings starts at 6:00 pm and is held at the Council Chambers. Do not hesitate to contact me should you
have any further questions regarding this matter.
Sincerely,
Edward O. Robertson
Principal Planner
City of Palm Springs, Planning Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263.2743
Tel,(760) 323-8245
Fax: (760) 322-8360
Edward.Robertson @pal msprings-ca.go y
12/03/08
LAURICH
P R Q P E R T I E S
INC.
November 19,2009 Via e-mail: craig.ewing@palmsprings-ca.gov
and U.S. Mail
Mr. Craig Ewing
Director of Planing Services
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262 �?;
jF -n
ref: PC case#5.1025 MAJ/PD 307
NWC Sunrise and Tahquitz M:c
Dear Mr. Ewing:
This letter will serve as our appeal to the City Council of the Planning Commission's denial of
our request to extend the maturity date of our entitlements for one year. In appealing I would like
to have the maturity date extended until December 31, 2009.
By separate cover you will receive the $546.00 appeal fee from our accounting department in Las
Vegas.
Please let me know when this can be put on the City Council's agenda.
Thank you
Sunquitz NWC LLC
By Sunquitz NWC MGMT. Co.,Inc. its Managing Member
Ij
By r 4 President
Hank orlon NOV 21 2000
HG/lg ?[u:vlGoiC6i9� SErI+oCE�
1770 N.BUFFALO DR.,SUITE 101 - LAS VEGAS,NEVADA 89128
(702)220.4500 - FAX(702)220-4900 619
"1"_If.
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Pabe 1 of 1
Kathie Hart
From: Edward Robertson
Sent: December 03, 2008 9 04 AM
To: hgordon@laurichproperties.com
Cc: Jay Thompson, Kathie Hart; Craig Ewing
Subject: Appeal Hearing Date
Good morning Mr. Gordon,
This email is intended to confirm that your appeal of the Planning Commission's decision to deny the time extension
request for Case 5.1025-PD307 has been scheduled for hearing by the City Council on December 17, 2008. The City
Council meetings starts at 6:00 pm and is held at the Council Chambers. Do not hesitate to contact me should you
have any further questions regarding this matter.
Sincerely,
Edward O. Robertson
Principal Planner
City of Palm Springs, Planning Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92263-2743
Tel: (760)323-8245
Fax: (760) 322-8360
8dward.Robertson alms rn ings-ca.gov
12/03/08
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City of Palm springs
Planning Commission Minutes
of October 22, 2008
1B. Case 5.1025 MAJ / PD 307 Time Extension - A request by Sunquitz LLC, for
a one year time extension for a previously approved final PD to include a
94,000 square foot commercial retail center located at the northwest comer
of North Sunrise Way and East Tahquitz Canyon Way, Zone RA, Section 14,
APN 508-070-035 and -042. (Project Planner: Glenn Mlaker, Assistant
Planner)
Glenn Mlaker, Assistant Planner, provided background information as outlined in the
staff report dated October 22, 2008. Mr. Mlaker noted that approval was granted on
March 15, 2006, and staff has received a revision to the plans creating an access at the
rear of the of the property.
Commissioner Scott noted that the applicant's letter makes reference to a request for
City's economic assistance. Mr. Ewing responded that there has been discussion with
the Economic Development Department with regard to the project but is uncertain if
anything has been approved by the City Council.
In response to a question about a new drive aisle along the westerly edge of the site
plan, Mr. Ewing clarified that the applicant requested a revision to the plans during the
current entitlement. Staff has determined the change was insignificant overall and it
was approved at staff level.
Commissioner Conrad noted that there has been a considerable amount of grocery
stores relocating within the community and questioned if there are any plans for the
current Jensen's site. Staff responded that there has been potential interest but nothing
has been confirmed.
Commissioner Caffery stated that the northwest and southwest corners of Sunrise and
Tahquitz were the only "prominent corners" remaining in the City and expressed
disappointment with a grocery store and pharmacy on both these sites given that there
are numerous grocery stores throughout the City.
Vice Chair Cohen noted a concern with the noise factoralong the rear of the property.
M/S/C (Caffery/Conrad, 5-1/Donenfeld), 1 absent/Rinnlpin� Tn ripnv
Staff noted that a resolution of denial would be prepared and brought back to the
Commission for their next meeting. Mr. Ewing reported that following the Commission's
final action on the request, it may be appealed to the City Council
13
OF PALM Sp
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Planning Commission Staff Repo
Date: October 22, 2008
Application ID: Case 5.1025 - PD-307
Type: Final Planned Development Time Extension
Location: Northwest corner of North Sunrise Way and East Tahquitz Canyon
Way (Von Center)
APN: APN 508-070-035 & 508-070-042
Applicant: Sunquitz LLC
General Plan: RA, (Resort Attraction)
Zone: PD-307
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: Glenn Mlaker, Assistant Planner
PROJECT DESCRIPTION
The applicant is requesting a one year time extension for a previously approved
commercial project for the construction of a 94,000-square foot commercial retail center.
The subject site is located on the northwest corner of North Sunrise Way and East
Tahquitz Canyon Way.
RECOMMENDATION
That the Planning Commission approve a one year time extension for Case 5.1025-
PD 307.
14
Planning Commission Staff Report Ocloyer 22,2008
Time Extension 5 1025,PD307
Page 2 of 3
PRIOR ACTION
On June 20, 2005, the Architectural Advisory Committee reviewed the proposed
preliminary architectural plans, and recommended approval as submitted.
On September 12, 2005, the Indian Planning Commission (IPC) reviewed the project
and recommended approval to the Agua Caliente Band of Cahuilla Indians Council.
On January 25, 2006, the Planning Commission recommended that the City Council
adopt the Mitigated Negative Declaration and approve Case No. 5.1025 PD-307.
On March 15, 2006, the City Council approved the proposed project as recommended
by the Planning Commission.
On September 24, 2007, the Architectural Advisory Committee reviewed the proposed
final development and construction plans, and found the project to be in substantial
conformance with all applicable development standards of the preliminary Planned
Development (PD-307).
On October 24, 2007, the Planning Commission found the final development plan to be
substantially in conformance with the previously approved Planned Development
District 307.
ANALYSIS
ZONING ORDINANCE
Architectural Approvals, granted pursuant to Section 94.04.00 of the Palm Springs
Zoning Code (PSZC), have a time limit for construction which is two years. According
to Section 94.04.00 (H) of the PSZC, "extensions of time may be granted by the
Planning Commission upon demonstration of good cause". The applicant has stated
that the construction has not commenced due to certain cost increases combined with
the current weak development climate. This project was originally approved on March
15, 2006; therefore, the approval has expired on March 15, 2008.
The applicant submitted a letter of time extension request on August 13, 2008, six (6)
months after the date of expiration on January 25, 2008. Pursuant to Section
94.04.00(H), retroactive time extensions are accepted if submitted within six months of
the original expiration date. Review time extension request must consider changes in
the applicable rules and the changes in the character of the neighborhood since the
original entitlement was approved.
L�
Planning Commission Staff Report October 22,2003
Time Extension 5.1025, PD307
Page 3 of 3
Staff has concluded that since the approval of the original entitlement, there have been
no substantial changes in the applicable rules or in the character of the neighborhood
that would warrant denial of the time extension.
ENVIRONMENTAL DETERMINATION
The Planning Department has reviewed this project under the provisions of the
California Environmental Quality Act (CEQA), and has determined that a time extension
request is considered a "project" pursuant to the terms of the Environmental Quality Act
(CEQA). A Mitigated Negative Declaration of environmental impact (MND) was
previously adopted by the Planning Commission on January 25, 2006 for the project.
Further environmental documentation is not necessary because the changed
circumstances of the project will not result in any new significant environmental effects.
The time extension would not result in any new environmental impacts beyond those
already assessed in the Mitigated Negative Declaration,
CONCLUSION
Staff believes that the applicant has demonstrated good cause for an extension of time
and recommends that the Planning Commission approve a time extension of one year
from March 15, 2008 to March 15, 2009 for case 5.1025 MAJ and PD-307.
Glenn Mlaker Craig A. Ewing AICP
Assistant Planner Director of Planning Services
Attachments:
- 500' Radius Map
- Draft Resolution
- Letter Requesting Time Extension
RESOLUTION NO. 7175
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA FOR THE
DENIAL OF A ONE-YEAR TIME EXTENSION REQUEST
FOR CASE NO. 5.1025 PD 307 (VON'S CENTER) ZONE C-
I-AA, SECTION 14.
WHEREAS, Sunquitz LLC ("Applicants") filed an application with the City pursuant to
Chapter 94.04.0(H) of the Palm Springs Zoning Code for a one-year time extension for
Case No. 5.1025, PD-307 to construct a 94,000-square foot commercial retail center as
part of a previously approved Planned Development District.
WHEREAS, on October 22, 2008, a public hearing on the application was held by the
Planning Commission; 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 HERBY FINDS AS FOLLOWS:
Section 1: Pursuant to the requirements of Section 94.04.00(H) of the Palm Springs
Zoning Ordinance, the Planning Commission finds that a retroactive time
extension cannot be granted for PD 307 because...
• The development of one of the few remaining prominent corners in the
City should be reconsidered for its highest and best use.
• As a gateway from the Palm Springs Airport to the downtown section
of the City, a more attractive development is desired at this location.
• The changes made to the site plan are such that it is no longer in
keeping with the previously approved project.
Section 2: Pursuant to the requirements of Section 94.04.00(G) of the Palm Springs
Zoning Ordinance, the Planning Commission finds that the time limit for
the commencement of construction under an architectural approval has
expired.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby denies a one year time extension request for the development of
approximately 94,000 square feet shopping center to be located at the northwest corner
of East Tahquitz Canyon Way and Sunrise Way.
�.C
Planning Commission Resolution November 12, 2008
5,1025 MAJ—Von's Center Page 2 of 2
ADOPTED this 12`h day of November, 2008.
AYES: 7, Scott, Caffery, Hochanadel, Cohen, Ringlein, Conrad and Donenfeld
NOES' None.
ABSENT: None.
ABSTAIN: None.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
w' g, AICP
Director of Planni g ervices