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HomeMy WebLinkAboutPC Resolution _4828- Case 3.2272 TTM 30941RESOLUTION NO. 4828 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL TO CITY COUNCIL OF TENTATIVE TRACT MAP 30941 AND GRANTING ARCHITECTURAL APPROVAL FOR THE CONSTRUCTION OF 48 CONDOMINIUM UNITS LOCATED AT 1460 AND 1550 EAST BARISTO ROAD, ZONE R-4, SECTION 14. WHEREAS, Palm Springs Modern Homes II, LLC. (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to construct 48 condominium units located at 1460 and 1550 East Baristo Road, Zone R-4, Section 14; and WHEREAS, the Applicant has filed Tentative Tract Map 30941 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider TTM 30941 and related architectural approvals (Case 3.2272), was given in accordance with applicable law; and WHEREAS, on January 22, 2003, a public hearing on the application for Tentative Tract Map 30941 and related architectural approvals (Case 3.2272) was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has considered the effect of the proposed subdivision, Tentative Tract Map 30941, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed project represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; and WHEREAS, the proposed subdivision, Tentative Tract Map 30941, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that the current environmental assessment for TTM 30941 adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the mitigation measures related to each significant environmental effect for the proposed project. The Planning Commission further finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project. Section 2: Pursuantto Government Code Section 66473.5 the Planning Commission finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan. Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: 1. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan. The General Plan designation for the site is H43130 (High Density Residential 21-30 unitstacre). The applicant is proposing 48 units and therefore, is well within the density parameters of the General Plan. 2. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5 the Planning Commission finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with TTM 30941. 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The site is proposed for forty-eight (48) -two and three -bedroom condominium units on 4.65 acres of land. The proposed development is well under the maximum allowable density of 98-140 units, as permitted under the General Plan and Zoning Code. There will be no incompatibility issues as the subject property is surrounded by a commercial use to the west, vacant but commercially zoned land to the north, residential uses to the east, and vacant but high density residential zoned land to the south. The applicant proposes a medium density residential development that will be compatible with the surrounding neighbourhood. 4. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All potential environmental impacts as a result of developing the subject property are fully disclosed in the Environmental Assessment. The incorporation of the mitigation measures as prescribed in the EA will ensure that any potentially significant impacts will be reduced to a level of insignificance. Therefore, the design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must follow the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Baristo Road is already improved to secondary thoroughfare standards including sidewalk, curb, and gutter. Arenas Road will be improved to extend to the project, terminate with a cul-de-sac constructed to City standards, and include an 8-foot wide sidewalk behind the curb. The 24-foot wide common travelways providing internal circulation for the project will be privately maintained. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council order filing of a Mitigated Negative Declaration and approve TTM 30941, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 22A day of January, 2003. AYES: Klatchko, Matthews, Marantz, Shoenberger, Conrad NOES: ABSENT: ABSTAIN: Caffery, Grence ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairman Planning Q6mmission Secretary m m m