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HomeMy WebLinkAbout3/19/2008 - STAFF REPORTS - 2.O. ���pp�MSAR .y e u .n aF y C'9</FO RN CITY COUNCIL STAFF REPORT DATE: March 19, 2008 CONSENT CALENDAR SUBJECT: REQUEST BY DEBORAH VAN HUIS OF SUNCAL COMPANIES FOR A ONE-YEAR TIME. EXTENSION FROM MAY 5, 2008 TO MAY 4, 2009 FOR TENTATIVE TRACT MAP 31848, A PREVIOUSLY APPROVED SUBDIVISION OF 309 ACRES TO CONSTRUCT 1,239 SINGLE-FAMILY AND MULTI-FAMILY UNITS, GOLF COURSE, CLUBHOUSE, POOL, SPA, TENNIS COURTS, AND A PARK LOCATED AT NORTH AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONE PD 290, SECTION 35. FROM: David H. Ready, City Manager BY: Planning Services Department SUMMARY Deborah Van Huis of SunCal Companies has requested for a one-year time extension from May 5, 2008 to May 5, 2009 for Tentative Tract Map 31848 located at North Avenida Caballeros and San Rafael Drive. RECOMMENDATION 1, Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION MAY 5, 2008 TO MAY ' , 2009 FOR CASE NO. TTM 31848, A PREVIOUSLY APPROVED SUBDIVISION OF 309 ACRES TO CONSTRUCT 1,239 SINGLE-FAMILY AND MULTI-FAMILY UNITS, GOLF COURSE, CLUBHOUSE, POOL, SPA, TENNIS COURTS, AND A PARK LOCATED AT NORTH AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONE PD 290, SECTION 35. BACKGROUND On May 5, 2004, Tentative Tract Map 31848 and PD 290 were approved 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. ITEM NO. jkQ City Council Staff Report March 19, 2008 TTM 31848 Time Extension Page 2 of 3 On May 17, 2006, the TTM and PD were approved for a one year time extension. On April 18, 2007, the City Council voted to approve another one-year time extension to May 5, 2008. On March 12, 2008, the Planning Commission voted to recommend to the City Council approval of another one-year time extension for TTM 31848 to expire on May 9, 2009. ANALYSIS The applicant submitted a request for a one-year time extension for TTM 31848 on February 22, 2008, and prior to the expiration date of the map. The City Council may extend the map for a maximum of one year pursuant to Chapter 9.63.110 of the Municipal Code. According to the letter of request received February 22, 2008, the reason for the time extension request is due to the downturn in the residential market. 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. Based on this information, staff believes that the applicant has demonstrated good cause for seeking a time extension for the map. ENVIRONMENTAL ASSESSMENT A Mitigated Negative Declaration was previously adopted by City Council on May 5, 2004. Pursuant to Section 15152 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 0000 -2 City Council Staff Report March 10, 2008 TTM 31848 Time Extension Page 3 of 3 NOTIFICATION Requests for time extensions do not require public notice. FISCAL IMPACT No fiscal impact. a' A Ewing, P Thomas J. Wilson Dir or of PI ni g Services Assistant City M nager David H. Ready City Manager ATTACHMENTS 1. Vicinity Map 2, Draft Resolution 3. Planning Commission Staff Report & Resolution 4. Letter of Request 000033 vnim:A Department of Planning Services N W E o Vicinity Map A(/ OaHP 5. Z x W ` o \TRAMVI W RO - 5' jII�.1 _ f J iADl D_ / r - AN RAF µELf�RI' r71-I L _ SAN l n TF.--� _ ti C SUN LOWER CIRCLE N J - -- — I _ E dP Y$ Legend LI -1 - SUNF OWER CIRCLES i - 500' Radius — _ Q13 OR — SdeII Ir l-_I 1 Ir �� �-'_ _ .�i. s _ a CITY OF PALM SPRINGS CASE NO.: TTM 31848 Time Extension DESCRIPTION: Application by SunCal Communities for a one-year time APPLICANT: Deborah Van Huis for SunCal extension of TTM 31848 located at Companies Avenida Caballeros and San Rafael Road, Zoned PD-290, Section 35. 0000104 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE- YEAR TIME EXTENSION MAY 5, 2008 TO MAY 4, 2009 FOR CASE NO. TTM 31848, A PREVIOUSLY APPROVED SUBDIVISION OF 309 ACRES TO CONSTRUCT 1,239 SINGLE-FAMILY AND MULTI-FAMILY UNITS, GOLF COURSE, CLUBHOUSE, POOL, SPA, TENNIS COURTS, AND A PARK LOCATED AT NORTH AVENIDA CABALLEROS AND SAN RAFAEL DRIVE, ZONE P❑ 290, SECTION 35. WHEREAS, Deborah Van Huis of SunCal Companies has requested for a one-year time extension from May 5, 2008 to May 4, 2009 for Tentative Tract Map 31848 located at North Avenida Caballeros and San Rafael Drive. WHEREAS, on March 12, 2008, the Planning Commission held a public meeting and voted to recommend that the City Council approve a one-year time extension from May 5, 2008 to May 5, 2009; and WHEREAS, on March 19, 2008, the City Council held a public meeting to consider the applicant's request for a one-year time extension of TTM 31848; 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 the 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. 000035 Section 2: Approve a one-year time extension from May 5, 2008 to May 4, 2009 for TTM 31848. ADOPTED THIS 12th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 00009t6 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 OOOO� i of 4ALM, SA • F Planning Commission Staff Report Date: March 12, 2008 Case No.: 5.0982 / TTM 31848 / PD 290 Type: Tentative Tract Map Time Extension Location: Avenida Caballeros and San Rafael Drive APN: fi69-330-016, 041, & -039 Applicant: Deborah Van Huis of SunCal Companies General Plan: Residential Zone: PD-290 From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: Bryan Fernandez, Assistant Planner PROJECT DESCRIPTION: Deborah Van Huis of SunCal Companies is requesting for a one-year time extension of Tentative Tract Map 31848 (TTM 31848) from May 5, 2008 to May 5, 2009- TTM 31848 is a previously approved subdivision of 309 acres into 1,239 single-family and multifamily lots, golf course, clubhouse, pool, spa, tennis courts, and a park located at North Avenida Caballeros & San Rafael Drive. RECOMMENDATION: That the Planning Commission recommend to the City Council approval of a one-year time extension for TTM 31848 from May 5, 2008 to May 5, 2009, 0000N Planning Commission Staff Report March 12,2008 Case TTM 31848 Page 2 of 3 BACKGROUND: On May 5, 2004, the Tentative Tract Map 31848 and PD-290 were approved 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. On May 17, 2006, the TTM and PD were approved for a one year time extension. On April 18, 2007, the City Council voted to approve another one-year time extension to May 5, 2008. ANALYSIS: The applicant submitted the time extension request before the expiration date of the tentative tract map. According to the applicant, the reason for the time extension request is due to the downturn in the residential market. 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. 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 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 LS ',_B, Fe e � raig A. A CP/ Assist�Planner Director of Planning Services Planning Commission Staff Report March 12,2008 Case 77M 31848 Page 3 of 3 Attachments: 1. 400' Radius Map 2. Draft Resolution 3. Letter of Request 0000 0 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A REQUEST BY DEBORAH VAN HUIS OF SUNCAL COMPANIES FOR A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 31848 FROM MAY 5, 2008 TO MAY 5, 2009 LOCATED AT NORTH AVENIDA CABALLEROS & SAN RAFAEL DRIVE, ZONED PD 290, SECTION 35. WHEREAS, Deborah Van Huis of SunCal Companies ("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 the Avalon Tentative Tract Map 31848. WHEREAS, on March 12, 2008, 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 the Mitigated Negative Declaration for this Case No. 5.0982 / TTM 31848 / PD 290 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 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. 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. 0a00Z Planning Commission Resolution March 12,2003 TTM 31848 Time Extension Page 2 of 2 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 31848 from May 5, 2008 to May 5, 2009 subject to those conditions approved on May 5, 2004. ADOPTED this 12th day of March, 2008. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Craig A. Ewing, AICP Director of Planning Services 000012 rSujaCal k;ompani.es COACHELLA VALLEY DIVISION 74-130 COUNTRY CLUB DRIVE, SUITE 101 PALM DESERT, CA 92260 MAIN 760 601 3400 FAX 760 601 3437 www SUNCAL.COM February 20, 2008 VIA EMAIL AND US MAIL: Craig.Ewing@palmsprings-ca�ov Mr. Craig A. Ewing, A1CP Director of Planning Services City of Palm Springs 3200 E. Taliquitz Canyon Way Palm Springs, California 92263 RE: Palm Springs Village/ "Avalon" Request for Extension of Approval of Tentative Tract Map 31848 Dear Mr. Ewing: SunCal Companies respectfully requests a 12-month extension for the Approval of Tentative Map 3184. Because the current approval does not expire until May 17, 2008, we believe this is a timely extension application. As you may recall, SunCal requested, and was granted, a 12-month extension in 2007. SunCal is still committed to this project; however, since the 2007 extension was granted the housing market has continued to deteriorate. Additional time is required to address the downturn in the housing market and other issues that are outside of our control_ We would appreciate the opportunity to discuss this request with you in person. Russ Allison and 1 are available to meet with you at your convenience. We look forward to your response and to continuing to work toward the completion of this SunCal community located in Palm Springs. Should you have any questions or require further information please let me know. Thank you for your time and consideration. Sincerel , Deborah Van Huis Vice President of Forward Planning cc: Lauren Dalessio Russell Allison Q00QILi