HomeMy WebLinkAboutPC Resolution _6247- Case TM 31525 PD 267RESOLUTION NO.6247
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE
REQUEST TO WAIVE OBLIGATIONS TO PERFORM
UTILITY UNDERGROUNDING AS REQUIRED BY
CONDITIONS OF APPROVAL NOS. 32 AND 33 FOR
TRACT 31525; FOUR SEASONS DEVELOPMENT BY K.
HOVNANIAN LOCATED ON THE EAST SIDE OF SUNRISE
WAY NORTH, BETWEEN SAN RAFAEL DRIVE AND
WHITEWATER WASH, ZONE PD-267, SECTION 36.
WHEREAS, K. Hovnanian, applicant, has requested an amendment to the previously
approved Tract 31525, within Planned Development District 267, to waive obligations to
perform utility undergrounding as required by the conditions of approval; and
WHEREAS, on January 14, 2012, a meeting was held by the Planning Commission in
accordance with applicable law; and
WHEREAS, in accordance with the California Environmental Quality Act (CEQA
Guidelines, the proposed project is exempt under Section 15061(c) (General rule); and
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, all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Chapter 8.04.401 "New Construction" of the Palm Springs Municipal Code
states:
No certificate of occupancy for new buildings or structures
shall be issued unless or until all existing and proposed
electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone,
television cable service, and similar service wires or lines,
which are on --site, abutting, and/or transecting, are installed
underground unless specific restrictions are shown in
General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the
utilities.
Section 2: Chapter 8.04.401 "New Construction" of the Palm Springs Municipal Code
was enacted by Ordinance 1306, adopted by the City Council on
September 7, 1988, has existed and is unchanged since its original
adoption.
Planning Commission Resolution No_ 6247
Case TTM 31525 AMND
January 14, 2012
Page 2 of 2
Section 3: Utility undergrounding requirements have been applied equitably and fairly
on development projects throughout the City of Palm Springs since the
adoption of Ordinance 1306.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby denies the applicant's request to waive obligations to perform utility
undergrounding as required by the Municipal Code and conditions of approval Nos. 32
and 33 for the K. Hovnanian Four Seasons Development within Tract 31525.
ADOPTED this 14th day of January 2012.
AYES: 6, Munger, Conrad, Klatchko, Roberts, Vice Chair Hudson and Chair Donenfeld
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
t
Craig ing, A IF
Director of PlanTnnjg Services
CITY OF PALM SPRINGS, CALIFORNIA
W
A
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