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HomeMy WebLinkAboutAppeal TM 27419 EDC Consultants CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of an appeal to a decision of the Planning Commission denying a one (1 ) year time extension to Tentative Parcel Map 27419 III. APPLICANT: EDC Consultants Randall W. Croft 350 West Fifth Street, Suite 201 A San Bernardino, CA 92401 IV. CASE NO: TPM 27419 V. DATE: April 26, 2001 VI. CONTENTS: A. Staff Recommendation B. Discussion VII. ATTACHMENTS: A. Planning Commission Minutes B. Planning Commission Staff Report dated April 3, 2001 C. Related TPM 27419 A. STAFF RECOMMENDATION: That City Council grant the appeal and grant a one (1 ) year time extension to TPM 27419. B. DISCUSSION: Tentative Parcel Map 27419 would subdivide 17 acres into 19 industrial lots. The minimum lot size proposed is 21 ,000 square feet; the SI zone requires a minimum 20,000 square foot lots. The property is located approximately one-half mile east of Monterey Avenue, northerly of the future extension of Dinah Shore Drive and southerly of the railroad. Commercial parcel map 27419 was originally approved by the County of Riverside June 18, 1992. In December 1992 the property was annexed to the city. Part of the annexation process involved the City entering into a development agreement CITY COUNCIL STAFF REPORT CASE NO. TPM 27419 APRIL 26, 2001 which term of the development agreement was for ten years after the date the property was annexed into the city. Over the years the applicant has filed for time extensions on TPM 27419 and they have been approved by Planning Commission. In March of this year the applicant filed for this one year extension which would be consistent with the development agreement. Also, pursuant to the State Map Act and actions by the state legislature (SB 428 and AB 771) this tentative parcel map has a potential life of ten years if time extensions are granted by the City. Staff took the matter before Planning Commission at its April 3, 2001 meeting where it was denied. Planning Commission expressed concern that it had not reviewed the original map and that nine years has passed since its approval. April 13, 2001 the applicant filed this timely appeal. The zoning and general plan of the property remain unchanged (i.e., SI - Service Industrial) from that in effect in 1992. The map continues to be consistent with all zoning ordinance, subdivision ordinance and general plan provisions. Past history has been to grant time extensions to maps that are still in compliance with the zoning and the general plan. This map will expire on its own under the State Map Act and the development agreement if it has not been recorded by June 18, 2002. Prepared by: Reviewed and Approved: STEVE SMITH PHILIP DRELL PLANNING MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT Review and Concur: Review and Concur: C ARD J. F ERS CARLOS L. ORTEGA ASSI TANT Y MANAGER OF CITY MANAGER DEVELOPMENT SERVICES 2 CITY COUNCIL ACTION: APPROVED '/ DENIED RECEIVED OTHER A EETI DATE ' AYES: NOES: /1.1 'v ABSENT: -& ABSTAIN: VERIFIED BY: `' 0 /ma) Original on File with Citi Cle 's Office • APR- 10-01 08, 58 FROM :CITY OF PALM DESERT ID: 760 340 0574 PAGE 2/2 T 3/91 (2 -7 ;51-111.01, CITY OF PALM DESERT, CALIFORNIA b , ,,r4 APPLICATION TO APPEAL ` :::::, r- z�o� ''� rn F- rn DECISION OF THE Planning Commission _._.: `"' rrn (Name of Committee/Commission) e" -a rn co 1 Case No. TPM 27419 Meeting Date:__April 3, 2001 m_ . Name of Appellant IDC,Consultants / Randall Melby, Attorney at Law (see attached exhibit) Agent Trustee for the B.H. Fortner Testamentary Trust Address 505 East Wilson Avenue Phone: (818 )246-5644 -.. Glendale, CA 91206 -.---.�- _ ..,._._____.__ _.._ _ Description of Application: To appeal the action of the Planning Cottmission which was to deny the request for extension of tine for an additional year. Reason for Appeal: -TPM.._27419Wis subject_to "Development Agreement" between the City of Palm Desert and the B.H. Fortner Testamentary Trust etal, which was executed in late 1992. _The,term of the agreement was agreed upon to be for ten (10)_years after the date the subject property was annexed into the City of Palm Desert. , .111,,. .Z‘D._ Signature of-A-pprika ut Agent Date 4 10/01_ David R. Lesser FOR OFFICIAL USE ONLY Li Date Appeal Filed: - I =Q Fee Received: - 0=Q _ 2 3Treasurer's Receipt #: -- �� Received by: - —L-------- --- Public Hearing Set For: Action taken by the City Council: — — _.___ Date: _ ..._____.-_._ __.___.. _ ____._ _ .. .. Sheila R. G an,illi City Clerk _- r � wEIC CONSULTANT a division of CENTERLINE SURVEY INC. PROFESSIONAL ENGINEERS,PLANNERS AND SURVEYORS APPLICATION TO APPEAL April 10, 2001 Page 2 of 2 Case No. TPM 27419 Name of Appellant: Randall Melby, Attorney at Law Trustee for the B. H. Fortner Testamentary Trust 505 East Wilson Avenue Glendale, CA 91206 tele. (818) 246-5644 fax (818) 246-5780 Name of Agent: David R. Lesser EDC Consultants 350 West Fifth Street, Suite 201-A San Bernardino, CA 92401 tele. (909) 381-9916 fax (909) 381-9515 EDC CONSULTANTS a division of CENTERLINE SURVEY, INC. PROFESSIONAL ENGINEERS,PLANNERS&SURVEYORS DAVID R. LESSER PRESIDENT FAX(909)381-9515 (93819916 350 09)WEST FIFIN STREET,SUITE 201A,SAN BERNARDINO,CA 92401 350 WEST FIFTH STREET,SUITE 201A,SAN BERNARDINO,CALIFORNIA 92401-(909)381-9916-(909)381-9515 FAX