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3/5/2008 - STAFF REPORTS - 2.M.
;OFpALM sA4 iy c u n "C`eyoemnvgP"• CITY COUNCIL STAFF REPORT DATE: March 5, 2008 CONSENT CALENDAR SUBJECT: REQUEST BY VICTOR VILLENEUVE OF MDS FOR A ONE-YEAR TIME EXTENSION FOR A PREVIOUSLY APPROVED TENTATIVE TRACT MAP 32826 AND PLANNED DEVELOPMENT DISTRICT 303 LOCATED 4455 MATTHEW DRIVE, ZONE PD-303, SECTION 30 FROM: David H. Ready, City Manager BY: Planning Services Department SUMMARY Victor Villeneuve of MDS Consulting, Inc. has requested for a one-year time extension from February 15, 2008 to February 15, 2009 for Tentative Tract Map 32826 and Planned Development District 303 (PD 303), a previously approved subdivision of 9.9 acres for the construction of 58 residential condominium units located at 4455 Matthew Drive, Zone W-R-2, Section 30. 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 FEBRUARY 15, 2008 TO FEBRUARY 15, 2009 FOR CASE NO. 5.1021 / TTM 32826 / PD 303, A PREVIOUSLY APPROVED SUBDIVISION OF 9.9 ACRES FOR THE CONSTRUCTION OF 58 RESIDENTIAL CONDOMINIUN UNITS LOCATED AT 4455 MATTHEW DRIVE, ZONE PD-303, SECTION 30." BACKGROUND On February 15, 2006, the City Council approved Case No. 5.1021 / TTM 32826 / PD 303 to subdivide 9.9 acres for the construction of 58 residential condominium units. ITEM NO. � City Council Staff Report March 5, 2008 TTM 32826/PD-303 Time Extension Page 2 of 3 On February 13, 2008, the Planning Commission voted 7-0 to approve a one-year time extension for PD 303 and recommend approval to the City Council a one-year time extension for TTM 32826. TTM 32826 subdivided 9.9 acres of land to construct 58 residential condominium units. PD 303 established new development and design standards that were proposed by the applicants for a 58-unit condominium project. Table 1: Surrounding land uses, General Plan, Zoning Zoning General Plan Land Use North W-R-3 Mixed Use / Multi Use Vacant & Apartments East W-R-2 and 0-20 Neighborhood/Community Vacant Hillsides Commercial South 0-20 Open Space — Mountain Vacant Hillsides 1du/40 ac West R-2 and R-1-A-H Open Space — Mountain Single-Family Residence (1 du/40 ac) Neighborhood Community Commercial ANALYSIS The applicant submitted a request for a one-year time extension for TTM 32826 on January 31, 2008, and prior to the expiration date of the map (February 16, 2008). The City Council may extend the map for a maximum of one year pursuant to Chapter 9.63.110 of the Municipal Code. The applicant has requested a one-year time extension to commence construction for 5.1021 / TTM 32826 / PD 303. According to the letter of request dated January 31, 2008, the applicant claimed that meeting the strict requirements of the Riverside County Flood Control has resulted in engineering and design Issues that affected lot configurations. Furthermore, the applicant stated that the design issues have been resolved and has submitted the Final Map to the Public Works/Engineering Department for plan checks on January 29, 2008. 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. 0ogan City Council Staff Report March 5, 2008 TTM 32826/PD-303 Time Extension Page 3 of 3 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 The extension request is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"); a Mitigated Negative Declaration for 5.1021 /TTM 32826 / PD 303, was previously adopted by the City Council on February 16, 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. a }awing, Thomas J. W' on DirElUeof PlanrhM,8ervices Assistant City Manager ;�� l David H. Ready City Manager ATTACHMENTS 1. Vicinity Map 2. Draft Resolution 3. Planning Commission Staff Report & Resolution 4. Letter of Request ;o pwiM SpRy- Department of Planning Services N W+E ��...... = Vicinity Map y •CqS/FORH�pr S 1 mm 0 e ry 0 Bry a �� m m :1 mm�m mm cue mmm mm G U Y V U Uj 2_ a S sy_yrr w z U 0 w SANTA MONICA CAMARILLO NEWPORT DR r:�;c;° ✓+C vi in✓Y.:lr.r.M n. ..i. Legend ^� Site 400 feet LL CITY OF PALM SPRINGS CASE NO: 5.1021 /TTM 32826 / PD DESCRIPTION: A request by Victor Villeneuve of MDS 303 Consulting, Inc. for a one-year time extension to commence construction of a 58-unit condominium APPLICANT: Victor Villeneuve of MDS complex located at 4455 Matthew Drive, Zone WR2, Consulting, Inc. Section 30. APN: 681-170-066. RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE- YEAR TIME EXTENSION FROM FEBRUARY 15, 2008 TO FEBRUARY 15, 2009 FOR CASE. NO. 5.1021 /TTM 32826 / PD 303, A PREVIOUSLY APPROVED SUBDIVISION OF 9.9 ACRES AND FOR THE CONSTRUCTION OF 58 RESIDENTIAL CONDOMINIUM UNITS LOCATED AT 4455 MATTHEW DRIVE, ZONE PD-303, SECTION 30. WHEREAS, Victor Villeneuve ("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 for Case No. 5.1021 / TTM 32826 / PD 303, a previously approved subdivision of 9.9 acres for the construction of 58 residential condominium units located at Zone W-R-2, Section 30; 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 5.1021 / TTM 32826 / PD 303 from February 15, 2008 to February 15, 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 5.1021 /TTM 32826 / PD 303; 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 5.1021 / TTM 32826 / PD 303, was previously approved by the City Council on February 15, 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. Section 2: Approve a one-year time extension from February 15, 2008 to February 15, 2009 for Case No- 5.1021 / TTM 32826 / PD 303 a previously 00000,5 approved subdivision of 9.9 acres for the construct 58 residential condominium units. ADOPTED THIS 5th day of March, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk GOG636 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 aa CIO 2W7 ok 4ALrs, S a� ti L V N * ��4•ao.c9 N' Plannin Commission Staff Report Date: February 13, 2008 Case No.: 5.1021 / TTM 32826 / PD 303 Type: Tentative Tract Map and Planned Development District Time Extension Location_ 4455 Matthew Drive APN: 681-170-066 Applicant: Victor Villeneuve of MDS Consulting, Inc. General Plan: M15 (Medium Density Residential) Zone: W-R-2 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) 32826 and Planned Development District 303 (PD 303). RECOMMENDATION: That the Planning Commission approve a one-year time extension for PD 303 from February 15, 2008 to February 15, 2009 and recommend approval to the City Council a one-year time extension for TTM 32826 from February 16, 2008 to February 16, 2009. BACKGROUND: On February 15, 2006, the City Council approved Case No. 5.1021 / TTM 32826 / PD 303, Planning Commission Staff Report February 13, 2008 Case No. 5.1021 /TTM 32826/ PD 303 Time Extension Page 2 or 3 TTM 32826 subdivided 9.9 acres of land to construct 58 residential condominium units. Preliminary Planned Development 303 (PD 303) established new development and design standards that were proposed by the applicants for a 58-unit condominium project. 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. Table 1: Surrounding land uses, General Plan, Zoning Zoning General Plan Land Use North W-R-3 Mixed Use / Multi Use Vacant & Apartments East W-R-2 and 0-20 Neighborhood/Community Vacant Hillsides Commercial South 0-20 Open Space— Mountain Vacant Hillsides 1du/40 ac West R-2 and R-1-A-H Open Space — Mountain Single-Family Residence (1 du/40 ac) Nieghborhood Community Commercial 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 staffs recommendation. The applicant has requested a one-year time extension to commence construction for TTM 32826. The applicant, in the letter of request dated January 31, 2008, claimed that meeting the strict requirements of the Riverside County Flood Control has resulted in engineering and design issues that affected lot configurations. The applicant wrote in the letter that the design issues have been resolved and has submitted the Final Map to the Department of Engineering/Public Works for plan checks on January 29, 2008. 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. Planning Commission Staff Report February 13, 2008 Case No 5.1021 1 TTM 328261 PD 303 Time Extension Page 3 of 3 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(H) and 94.04.00(l)(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 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 6.1021 / TTM 32826 / PD 303, was previously approved by the City Council on February 16, 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 id�tifipd significant effects. ;l�88rydn Ferhandez rzgg_�wing, AICP Assistant Planner Director of PlanyQing Services Attachments: 1. 400' Radius Map 2. Draft Resolution 3. Letter of Request aaaara RESOLUTION N0. 7107 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A ONE-YEAR TIME EXTENSION FOR PD 303 AND RECOMMEND TO THE CITY COUNCIL A ONE-YEAR TIME EXTENSION FOR TTM 32826 LOCATED 4455 MATTHEW DRIVE, ZONE W-R-2, SECTION 30, WHEREAS, Victor Villeneuve of MDS Consulting, Inc., 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 303 and TTM 32826 located at 4455 Matthew Drive, Zone W-R-2, Section 30. 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. 5.1021 / TTM 32826 / PD 303 was previously approved by the City Council on February 15, 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 303 from February 15, 2008 to February 15, 2009 and recommend approval to the City Council of a one-year time extension to TTM 32826 from February 15, 2008 to February 15, 2009. ADOPTED this 13th 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 Cjiewing, AI Director of Planni Services OQ�6ai.s r F L AN N E R 5 E N G I NE C R5 5G R V EYG RS 1� aflicas locared in Irvino, La aulnro and[ere�e January 29, 2008 Mr. Craig Ewing Director of Planning Services City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Re: Request for one-year extension to Tentative Tract Map No. 32826 (Matthew Drive) Dear Mr. Ewing: Tentative Tract Map No. 32826 was approved by City Council on February 15, 2005 for twenty-four months and is due to expire on February 15, 2008. MDS Consulting Is the civil engineering consultant for Tract No 32826 and on behalf of the developer, Matthew Drive Place, LLC, we respectfully request a one-year time extension on Tentative Tract Map No. 32826. We are making this request due to protracted engineering and design issues regarding meeting the strict requirements of the Riverside County Flood Control District on the proposed storm water channel located on the project's easterly boundary These design Issues in turn affected the lot configurations on the final tract map. We have resolved these design issues, finalized the lot configurations on the map, and we are submitting the final map for Tract No. 32826 for plan check to the City of Palm Springs-Engineering Department today. Thank you for your consideration If you have questions or need further information, please contact me direct at (760) 771-4013, very truly yours, Victor L. VII leneuve, PLS g\661-14\tentmap-ext Coo 71-11 5tanlay C.Merse 18-900 Avaana V VOICE! 76oa71-A015 �j I Gary w, pokich 5v 208 FAX: 760-771 Ao>j GO 0lr�JL 2 J.R-"Skip"Schultz L=Ooinm,CA 92256 EMAIL: mdd.,.,nle@mdncamohing.nv -- ... .. 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