HomeMy WebLinkAbout23100 RESOLUTION NO. 23100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, UPHOLDING THE
PLANNING COMMISSION'S DENIAL OF A REQUEST TO
WAIVE OBLIGATIONS TO PERFORM UTILITY
UNDERGROUNDING ASSOCIATED WITH THE FOUR
SEASON'S DEVELOPMENT, A 70-LOT SUBDIVISION
LOCATED ON THE EAST SIDE OF SUNRISE WAY
BETWEEN SAN RAFAEL DRIVE AND THE WHITEWATER
RIVER (CASE 5.0866-B, PDD 267, TM 31525).
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, on March 7, 2012, a public hearing was held by the City Council in
accordance with applicable law to consider the appeal by K. Hovnanian Companies;
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, all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
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.
Resolution No.23100
Page 2
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.
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.
Section 4: The City Council hereby upholds the Planning Commission decision to
deny K. Hovnanian's request to waive obligations to perform utility
undergrounding as required by the Municipal Code and conditions of
approval Nos. 32 and 33 for Tract 31525.
ADOPTED THIS 7T" DAY OF MARCH, 2012.
ATTEST:
David H. Ready, Cit r Ier
mes Thompson, City Clerk
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. 23100 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 March 7, 2012, by the
following vote:
AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk /Zo�Zb/Z
ity of Palm Springs, California