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HomeMy WebLinkAbout3/5/2008 - STAFF REPORTS - 2.N. p ALMS,, �p 4� y U y, GO ♦ x C. -0`'F°"`'' CITY COUNCIL STAFF REPORT DATE: March 5, 2008 CONSENT CALENDAR SUBJECT: REQUEST BY DENNIS CUNNINGHAM OF PALM SPRINGS MODERN HOMES FOR A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP 33341 AND PLANNED DEVELOPMENT DISTRICT 232 LOCATED AT 2705 EAST TAHQUITZ CANYON WAY, ZONE PD-232, SECTION 13 FROM: David H. Ready, City Manager BY: Planning Services Department SUMMARY Dennis Cunningham of Palm Springs Modern Homes has requested for a one-year time extension for Case No. 5.1046 / TTM 33341 / PD 232, a previously approved subdivision of 24 acres for the development of 156 residential condominium units located at 2705 East Tahquitz Canyon Way, Zone PD 232, Section 13. 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 MARCH 1, 2008 TO MARCH 1, 2009 FOR TTM 33341 AND PLANNED DEVELOPMENT DISTRICT 232, A PREVIOUSLY APPROVED SUBDIVISION OF 24 ACRES FOR THE CONSTRUCTION OF 156 RESIDENTIAL CONDOMINIUM UNITS LOCATED AT 2705 EAST TAHQUITZ CANYON WAY, ZONE PD 232, SECTION 13." BACKGROUND On March 1, 2006, the City Council approved Case No. 5.1046 /TTM 33341 / PD 232. On November 22, 2006, the Planning Commission approved the final development plans for PD 232. ITEM NO. IaM City Council Staff Report March 5, 2008 TTM 33341/PD-232 Time Extension Page 2 of 3 On May 23, 2007, the Planning Commission approved a one-year time extension for PD 232 to expire on May 22, 2008. On February 13, 2008, the Planning Commission voted 7-0 to approve a one-year time extension for P❑ 232 and recommend approval to the City Council a one-year time extension for TTM 33341. Table 1: Surrounding land uses, General Plan, Zoning Zoning General Plan Land Use North R-3 H30 (High Residential) Apartments East P and PD-71A M15 (Medium Residential) Offices & Condominiums South R-1-A-H and L2 (Low Residential) Single-Family P P (Professional) Residential West C-S-C CSC (Community Shopping Shopping Center Center ANALYSIS The applicant has requested a one-year time extension to commence construction for TTM 33341 and PD 232. The request was prompted by the difficult market conditions for housing. The applicant has submitted construction plans but no construction permits have been pulled. The Final Map has been submitted for plan checks. Based on this information, the applicant has demonstrated good cause for seeking a one year time extension for the project. 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. In reviewing the applicant's 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 flan, 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. f�UUU�f�' City Council Staff Report March 5, 2008 TTM 33341/PD-232 Time Extension Page 3 of 3 ENVIRONMENTAL ASSESSMENT The time extension request is considered a "project" pursuant to the terms of the California Environmental Quality Act (°CEQA°), and a Mitigated Negative Declaration for 5.1046 / TTM 33341 / PD 232, was previously adopted by the City Council on March 1, 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 environmental effects or a substantial increase in the severity of previously identified significant effects. NOTIFICATION Requests for time extensions do not require public notice. FISCAL IMPACT No fiscal impact. Arai ing, P omas J. Wi on Dire of Plan Services Assistant City Manager David H. Ready City Manager ATTACHMENTS 1. Vicinity Map 2. Draft Resolution 3. Planning Commission Staff Report & Resolution 4. Letter of Request RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE- YEAR TIME EXTENSION FOR TTM 33341 MARCH 1, 2008 TO MARCH 1, 2009 AND PLANNED DEVELOPMENT DISTRICT 232, A PREVIOUSLY APPROVED SUBDIVISION OF 24 ACRES FOR THE CONSTRUCTION OF 156 RESIDENTIAL CONDOMINIUM UNITS LOCATED AT 2705 EAST TAHQUITZ CANYON WAY, ZONE PD 232, SECTION 13. WHEREAS, Dennis Cunningham of Palm Springs Modern Homes ("Applicant") has filed an application with the City pursuant to Chapter 9.63.110 of the Palm Springs Municipal Code for a one-year time extension to Case No. 5.1021 / TTM 32826 / PD 303 to subdivide 24 acres and to construct 156 residential condominium units located at ,Zone PD 71A, Section 13; and WHEREAS, on February 13, 2008, the Planning Commission held a public meeting and voted to recommend that the City Council approve a one-year time extension for TTM 33341 from March 1, 2008, to March 1, 2009 and approve a one-year time extension for PD 232 from May 22, 2008 to May 22, 2009, and WHEREAS, on March 5, 2008, the City Council held a public meeting to consider the applicant's request for a one-year time extension of TTM 33341 and PD 232; 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 for Case No. 5.1046 / TTM 33341 / PD 232 was previously approved by the City Council on March 1, 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 environmental effects or a substantial increase in the severity of previously identified significant effects. 006HU14- Section 2: Approve a one-year time extension for TTM 33341 and PD-232 from March 1, 2008 to March 1, 2009 a previously approved subdivision of 24 acres for the construction of 156 residential condominium units. ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 000095 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 gong Ch6 'y Department of Planning Services W N E uo Vicinity Map s w G - ANDREAS RD w Cf 0 O U —� 7 I . UI E TAHQUIT7_ CANYON WY w a _ BARISTO RO O Uj 4 S` Q U VIA VAQUERO RO Legend r®�Slte Fy=P_ FT 500'Ratlluy Ir RANCHERO R❑ � CITY OF PALM SPRINGS CASE NO: 5.1046 /TTM 33341 / PD DESCRIPTION: Application by Dennis Cunningham of Palm 232 Springs Modern Homes for a one-year time extension to commence construction for 5.1046 / TTM 33341 / PD 232 APPLICANT. Dennis Cunningham of located at 2705 East Tahquitz Canyon Way, Zoned PD-71A, Palm Springs Modern Section 13. Homes pF ?ALM SA V V Planninq Commission Staff Repo Date: February 13, 2008 Case No.: 5.1046 / TTM 33341 / PD 232 Type: Tentative Tract Map and Planned Development District Time Extension Location: 2705 E. Tahquitz Canyon Way Applicant: Dennis Cunningham of Palm Springs Modern Homes General Plan: M-15 (Residential Medium Density— 15/acre) with CSC (Community Shopping Center) and P (Professional) Zone: PD 71A From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: Bryan Fernandez, Assistant Planner PROJECT DESCRIPTION: The applicant has requested a one-year time extension to commence construction for Tentative Tract Map (TTM) 33341 and Planned Development District 232 (PD 232). RECOMMENDATION: That the Planning Commission approve a one-year time extension for PD 232 from May 22, 2008 to May 22, 2009 and recommend approval to the City Council a one-year time extension to TTM 33341 from March 1, 2008 to March 1, 2009. BACKGROUND: On March 1, 2006, the City Council approved Case No. 5.1046 /TTM 33341 / PD 232. On November 22, 2006, the Planning Commission approved the final development plans for PD 232. 0099(-(3 Planning Commission Staff Report February 13, 2008 Case No. 5.1046/TTM 33341 /PD 232 Time Extension Page 2 of 3 On May 23, 2007, the Planning Commission approved a one-year time extension for PD 232 to expire on May 22, 2008. TTM 33341 subdivided 24 acres of land to construct 156 condominium units. PD 232 established new development and design standards that were proposed by the applicants for a 156-unit condominium project. Table 1: Surrounding land uses, General Plan, Zoning Zoning General Plan Land Use North R-3 High Density Residential Apartments East P and PD-71A High Density Residential Offices & Condominiums South R-1-A-H and P L2 Low Residential and Single-Family Residential P Professional southwest West C-S-C CSC Community Shop. Shopping Center Ctr_ 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. The applicant has requested a one-year time extension to commence construction for TTM 33341. The request was prompted by the difficult market conditions for housing. The applicant has submitted construction plans but no construction permits have been pulled. The Final Map has been submitted for plan checks. Based on this information, the applicant has demonstrated good cause for seeking an extension and for asserting that construction will commence within the requested period of time extension. 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. CONCLUSION: The applicant followed all the requirements of Section 94.04.00(1)(1) of the PSZC and Chapter 9.63.110 of the PSMC, and staff believes that a demonstration of good cause has been made in requesting the time extension Planning Commission Staff Report February 13, 2008 Case No. 5.1046 /TTM 33341 /PD 232 Time Extension Page 3 of 3 ENVIRONMENTAL DETERMINATION: The extension request is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration for 5.1046 / TTM 33341 / PD 232, was previously approved by the City Council on March 1, 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 environmental effects or a substantial increase in the severity of previously identified significant effects. /Bryan F�rnandez r ' ing, A P f Assistant Planner Director of PI nn ng Services Attachments: 1. 400' Radius Map 2. Draft Resolution 3. Letter of Request 00r8©A RESOLUTION N0, 7105 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A ONE-YEAR TIME EXTENSION FOR PD 232 AND RECOMMEND TO THE CITY COUNCIL A ONE-YEAR TIME EXTENSION FOR TTM 33341 LOCATED AT 2705 E. TAHQUITZ CANYON WAY, ZONE PD 71A, SECTION 13. WHEREAS, Dennis Cunningham of Palm Springs Modern Homes has filed an application with the City pursuant to Section 94.04.00(H) and 94.04.00(I)(1) of the Palm Springs Zoning Code and Chapter 9,63.110 of the Palm Springs Municipal Code for a one-year time extension to commence construction for PD 232 and TTM 33341 located at 2705 E. Tahquitz Canyon Way, Zone PD 71 A, Section 13. WHEREAS, on February 13, 2008, a public meeting 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 a Mitigated Negative Declaration for Case No. 5.1046 1 TTM 33341 / PD 232 was previously approved by the City Council on March 1, 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 environmental 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approve a one-year time extension to PD 232 from May 22, 2008 to May 22, 2009 and recommend approval to the City Council of a one-year time extension to TTM 33341 from March 1, 2008 to March 1, 2009. ADOPTED this 13" day of February, 2008. AYES: 7, Ringlein, Scott, Marantz, Hochanadel, Cohen, Caffery and Conrad NOES: None, ABSENT: None. ABSTAIN: None. ATTEST: CITY OF PALM SPRINGS, CALIFORNIA r5 wing, Di or of Plan i Services modern homes,. January 23, 2008 Via Hand Delivery Mr Edward p. Robertson, Principal Planner City of Palm Springs 3200 E.Tahquitz Canyon Way Palm Springs, CA 92262-2743 RE: 1`F.3e. densiou'for IfraTi'' ffp3341— 156 @ Tahquitz City Council Resolution#21523 dated March 1, 2006 Dear Mx. Robertson: Per the information I received at the front counter yesterday, please find attached a check in the amount of $854 to process a time extension request for TTM 33341. This map was scheduled to record in December 2007, but was pulled off calendar for minor technical reasons. Due to the subsequent deterioration in market conditions, we would request a one year time extension per your rules and regulations. Regarding the history of the project, our construction plans have been submitted and approved for this 156-unit project by the City of Palm Springs and other required agencies. However, we, have not pulled any permits to begin construction of the required improvements. We have also processed the required plans and materials (e.g., CC&R's, bonds, etc.) to record the final map with the Public Works Department, but to date we have not requested that the case be heard by the City Council. Please process the time extension request before the March 1, 2008 deadline so that we can retain our development rights for the property. If the review and/or approval cannot be completed before March 1, 2008, we consent to a longer processing review provided we receive a written response to our request in the next few weeks. Should you desire any additional information, please call me at 760-578-0144 (e-mail: grog(a3palmspringsmodern.com) Sincerely, q�a P r Springs, LLC LcTtto Per c: Dennis Cunningham, Managing Partner Marcus Fuller, Assistant Public Works Director Carol Templeton,Associate Engineer •O :ox.1587 ph: 760.320,87M t :