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Home My WebLink About4/16/2008 - STAFF REPORTS - 2.I. tB.CITY �O� 4 COUNCIL STAFF REPORT DATE: April 16, 2008 CONSENT CALENDAR SUBJECT: REQUEST BY MICHAEL HUTCHISON OF CONTEMPO HOMES FOR A ONE-YEAR TIME EXTENSION FROM APRIL 6, 2008 TO APRIL 5, 2009 FOR TENTATIVE TRACT MAP 33623, A PREVIOUSLY APPROVED SUBDIVISION OF AN APPROXIMATELY 3.42-ACRE PARCEL FOR 10 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED NORTH OF VIA ESCUELA AND WEST OF GENE AUTRY TRAIL. FROM: David H. Ready, City Manager BY: Planning Services Department SUMMARY Michael Hutchison of Contempo Homes has requested a one-year time extension from April 6, 2008 to April 5, 2009 for Tentative Tract Map 33623 (Alexander Village) located north of Via Escuela and west of Gene Autry Trail. 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 APRIL 6, 2008 TO APRIL 5, 2009 FOR CASE NO. TTM 33623, A PREVIOUSLY APPROVED SUBDIVISION OF AN APPROXIMATELY 3.42-ACRE PARCEL FOR 10 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED NORTH OF VIA ESCUELA AND WEST OF GENE AUTRY TRAIL." BACKGROUND On March 22, 2006, the Planning Commission voted to recommend approval of TTM 33623 to the City Council. On April 5, 2006, the City Council voted to approve TTM 33623. n , Item No. . I . City Council Staff Report April 16, 2008 TTM 33623 Time Extension Page 2 of 3 On March 26, 2008, the Planning Commission voted on consent approval 6-0-1 (Ringlein abstain) to recommend approval to the City Council of the one-year time extension request. ANALYSIS The applicant submitted the time extension request before the expiration date of the tentative tract map. According to the applicant in the letter of request received February 22, 2008, "the final engineering work is in process and should be completed within then [sic] next three to six months allowing adequate time for submittal to the Planning Commission and the City Council for approval." The applicant gave no reason for the delay. Section 94.03.00(H) of the Zoning Code states that extensions of time for a TTM 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. There are no specific findings for time 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: • The project's overall plan and lot configuration, • The uses and development of the surrounding area, and • The applicable policies of the General Plan, zoning ordinance and other regulations. 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 ASSESSMENT A Mitigated Negative Declaration was previously adopted by City Council on April 5, 2006- Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent Mitigated Negative Declaration, Addendum Mitigated 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. UOU52 City Council Staff Report April 16, 2008 TTM 33623 Time Extension Page 3 of 3 NOTIFICATION Requests for time extensions do not require public notice. FISCAL IMPACT No fiscal impact. ram' mangy AI Thomas J. Wil n Director of planni ervices Assistant City anager g David H. Ready City Manager ATTACHMENTS 1. Vicinity Map 2. Draft Resolution 3. Planning Commission Staff Report & Resolution 4. Letter of Request 0108303 Department of Planning Services w E Vicinity Map s � ][ NA RD \ .J H VIA — IVORLOTI ST Q W z � --- W U � W w S S Legend M Site 0 400'Radius VISTA CHIN — CITY OF PALM SPRINGS CASE NO. Tentative Tract Map 33623 DESCRIPTION, A request by Michael Hutchison of Time Extension Contempo Homes for a one-year time extension to TTM 33623, a previously approved subdivision of a 3.42 acre parcel into 10 single-family residential lots located north APPLICANT: Contempo Homes of Via Escuela and west of Gene Autry Trail, Zoned R-1- D, Section 6, APN: 677-030-019. Qff€��lull � RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM APRIL 6, 2008 TO APRIL 5, 2009 FOR CASE NO. TTM 33623, A PREVIOUSLY APPROVED SUBDIVISION OF AN APPROXIMATELY 3.42-ACRE PARCEL FOR 10 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED NORTH OF VIA ESCUELA AND WEST OF GENE AUTRY TRAIL. WHEREAS, Michael Hutchison of Contempo Homes has requested a one-year time extension for Tentative Tract Map 33623 located north of Via Escuela and west of Gene Autry Trail. WHEREAS, on March 26, 2008, the Planning Commission held a public meeting and voted to recommend that the City Council approve a one-year time extension from April 6, 2008 to April 5, 2009; and WHEREAS, on April 16, 2008 the City Council held a public meeting to consider the applicant's request for a one-year time extension of TTM 33623; 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 extension request is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration was previously adopted by City Council on April 5, 2006. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent Mitigated Negative Declaration, Addendum Mitigated 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 Qfl�u® �5 Section 2: Approve a one-year time extension from April 6, 2008 to April 5, 2009 for TTM 33623. ADOPTED THIS 16th day of April, 2008. David H. Ready, City Manager ATTEST: James 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. _ 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 QGL10127 O� PALM SA c v v, k f s �4roGnfca• A c'44 ra t��P Planning Commission Staff Report Date: March 26, 2008 Case No.: TTM 33623 Type: Tentative Tract Map Time Extension Location: North of Via Escuela and West of Gene Autry Trail APN: 677-030-019 Applicant: Michael Hutchison of Contempo Homes General Plan: L6 — Low Density Residential Zone: R-1-D From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: Bryan Fernandez, Assistant Planner PROJECT DESCRIPTION: Michael Hutchison of Contempo Homes is requesting a one-year time extension for Tentative Tract Map 33623 (TTM 33623), a previously approved subdivision of an approximately 3.42-acre parcel for 10 single-family residential lots located north of Via Escuela and west of Gene Autry Trail. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of a one-year time extension for TTM 33623 from April 6, 2008 to April 5, 2009. 000008 Planning Commission Staff Report March 26.2008 Case TTM 33623 Time Extension Page 2 of 3 BACKGROUND: On March 22, 2006, the Planning Commission voted to recommend approval of TTM 33623 to the City Council. On April 5, 2006, the City Council voted to approve TTM 33623, ANALYSIS: The applicant submitted the time extension request before the expiration date of the tentative tract map. According to the applicant in the letter of request received February 22, 2008, "The final engineering work is in process and should be completed within then [sic] next three to six months allowing adequate time for submittal to the Planning Commission and the City Council for approval." The applicant gave no reason for the delay. Section 94.03.00(H) of the Zoning Code states that extensions of time for a TTM 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 staffs 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 was previously adopted by the City Council on April 5, 2006. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent Mitigated Negative Declaration, Addendum Mitigated 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 Brya, Fe and zfrai�wing,41CP Assistant anner Director of Plan ng Services MOD Planning commission Staff Report March 26,2008 Case TTM 33623 Time Extension Page 3 of 3 Attachments: 1. 400' Radius Map 2. Draft Resolution 3. Letter of Request OOOD�Q Department of Planning Services W E Vicinity Map s �IVA RD \`\\ l T-4- AM 7- VIH SU Q NORLOTI ST 4 w w S � \r w W ' Q s legend M Site O 40C'R adm s — VISTA k,HI N — CITY OF PALM SPRINGS CASE NO: Tentative Tract Map 33623 DESCRIPTION: A request by Michael Hutchison of Time Extension Contempo Homes for a one-year time extension to TTM 33623, a previously approved subdivision of a 3.42 acre parcel into 10 single-family residential lots located north APPLICANT: Contempo Homes of Via Escuela and west of Gene Autry Trail, Zoned R-1- D, Section 6, APN: 677-030-019. 00061? RESOLUTION NO. 7117 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A REQUEST BY MICHAEL HUTCHISON OF CONTEMPO HOMES FOR A ONE-YEAR TIME EXTENSION FROM APRIL 6, 2008 TO APRIL 5, 2009 FOR TENTATIVE TRACT MAP 33623, A PREVIOUSLY APPROVED SUBDIVISION OF AN APPROXIMATELY 3.42- ACRE PARCEL FOR 10 SINGLE-FAMILY RESIDENTIAL LOTS LOCATED SOUTH OF VERONA ROAD AND EAST OF WHITEWATER CLUB DRIVE, ZONE R-1-D, SECTION 6. WHEREAS, Michael Hutchison of Contempo Homes ("Applicant') has filed an application with the City pursuant to Section 9.63.110(b) of the Municipal Code, for a one-year time extension for Tentative Tract Map 33623. WHEREAS, on March 26, 2008, a public hearing on the application 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 the Mitigated Negative Declaration for Case No. TTM 33623 was previously approved by the City Council on April 6, 2006. 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 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 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. 000012 Planning Commission Resolution March 26,2008 TTM 33623 Time Extension Page 2 of 2 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends approval to City Council a one year time extension of TTM 33623 from April 5, 2008 to April 6, 2009 subject to those conditions approved on April 5, 2006. ADOPTED this 261h day of March, 2008. AYES: 5, Cohen, Conrad, Hochanadel, Ringlein and Scott NOES: None. ABSENT: 1, Caffery ABSTAIN: 1, Marantz ATTEST: CITY OF PALM SPRINGS, CALIFORNIA re wing, AI Di or of Pla m Services 000913 ^nY.ndC:YA+!4. c n feMr` H O M E S VIA-Courier February 27, 2008 Mr. Craig Ewing Director of Planning Services City of Palm Springs 3200 East Tahquttz Canyon Way Palm Springs, CA 92263 Subject: TTM Extension-Alexander Village Dear Mr. Ewing: I am respectfully requesting a one-year time extension for the Tentative Tract Map 33623 & 33443 -Alexander Village, sub division of both Allottee and Tribal land consisting of 10 and 68 homes respectfully, located west of North Genc Autry Trail and north of Via Escuelo. The final engineering work is in process and should be completed within then next three 10 six months allowing adequate time for submittal to the Planning Commission and the City Council for approval. S' ceT egards, Michael Hutchison President 1701 North Palm Canyon Drive,Suile 3 Palm Springs,CA 92262 760.325.3916 Fox 760.327.9182 www,eonlempohomes.Com