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HomeMy WebLinkAboutPC Resolution _4862- Case 3.2371 TTM 31328RESOLUTION NO. 4862 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL TO CITY COUNCIL OF TENTATIVE TRACT MAP 31328 AND GRANTING ARCHITECTURAL APPROVAL FOR THE CONSTRUCTION OF 68 CONDOMINIUM UNITS ON 4.38ACRES LOCATED AT 1050 EAST BARISTO ROAD, ZONE R-4, SECTION 14. WHEREAS, Maurice Monnig for Palm Springs Gardens, LP (the "Applicant") has fled an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to construct 68 condominium units located at 1050 East Baristo Road, Zone R-4, Section 14; and WHEREAS, the Applicant has filed Tentative Tract Map 31328 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 considerTTM 31328 and related architectural approvals (Case 3.2371), was given in accordance with applicable law; and. WHEREAS, on July 23, 2003, a public hearing on the application for Tentative Tract Map 31328 and related architectural approvals (Case 3.2371) 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 31328, 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 31328, is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and is categorically exempt from the provisions of CEQA per Section 15332 for In -Fill Development; 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 project is categorically exempt from environmental review per Section 15332 (In -fill Development), whereas the project meets the conditions for in -fill development. Section 2: :tion 3: 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 and any applicable specific plan. Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: 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 H43121. The applicant is proposing 68 units and therefore, is within the density parameters of the General Plan. 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 31328. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The site is proposed for sixty-eight (68) two -bedroom units on 4.38 acres of land. The proposed development is within the maximum allowable density of 131 units, as permitted under the General Plan and Zoning Code. There will be no incompatibility issues as the subject property is surrounded by multi -family residential to the west and south, vacant land to the east, and vacant land and a tribal cemetery to the north. The applicant proposes a multi -family residential development that will be compatible with the surrounding neighborhood. 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. The project is categorically exempt from environmental review pursuant to Section 15332 of CEQA because the property is less than 5 acres, is consistent with the General Plan, is surrounded by urban development, and has all utilities available. 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 orwildlife or their habitat. 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. 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. The applicant will be required to improve the portion of Baristo Road and Arenas Road in front of the project to secondary thoroughfare standards. The 24-foot wide common driveways providing internal circulation for the project range will be privately maintained. The applicantwill also be required to underground all utilities on -site, exceptwhere provided by the Planning Commission and City Council. NOW, THEREFORE, BE IT RESOLVEDthat, based upon the foregoing, the Planning Commission hereby grants architectural approval (Case 3.2371) and recommends that the City Council approve TTM 31328, 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 231 day of July, 2003. AYES: NOES: ABSENT: ABSTAIN: Shoenberger, Marantz, Matthews, Conrad, Wright, Hochanadel Grence ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 'P Planning Commission Secretary