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Home My WebLink About22073 - RESOLUTIONS - 10/17/2007 RESOLUTION NO. 22073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE CONDITIONS OF APPROVAL FOR CASE NO. 5.1103 CUP, 3.2941 MAJ, TTM 33162, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND DELETING THE REQUIREMENT TO UNDERGROUND EXISTING OVERHEAD UTILITY LINES ALONG THE SOUTHERLY PROPERTY LINE; AND CONCURRING WITH THE DECISION OF THE PLANNING COMMISSION TO ELIMINATE THE REQUIREMENT TO REPLACE THE STREET LIGHTS ALONG TRAM WAY. WHEREAS, on August 23, 2006, the Planning Commission recommended approval, subject to conditions, Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 33162, commonly known as "Pedregal"; and WHEREAS, on September 20, 2006, the City Council approved Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 33162, commonly known as "Pedregal", subject to conditions; and WHEREAS, pursuant to Chapter 8.04.401 of the Palm Springs Municipal Code, existing overhead utilities "...on-site, abutting, and/or transecting, shall be 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;" and WHEREAS, Resolution No. 21711, adopted by the City Council on September 20, 2006, includes the requirement to convert existing overhead utility lines adjacent to the Pedregal project site, in accordance with Chapter 8.04,401 of the Palm Springs Municipal Code; and WHEREAS, Palm Springs Modern Homes VI, LLC, ("Applicant") has filed an application with the City to amend Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 33162, commonly known as "Pedregal", to delete the requirement to convert existing overhead utility lines adjacent to the southerly boundary of the Pedregal project site; and WHERAS, Applicant has further requested approval to remove, in entirety, existing street lights located along Tram Way adjacent to the Pedregal project site; and WHEREAS, on June 27, 2007, a public meeting was held by the Planning Commission in accordance with applicable law; 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, and all written and oral testimony presented; and Resolution No. 22073 Page 2 WHEREAS, notice of public hearing of the City Council of the City of Palm Springs was given to consider a request to amend Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 33162, commonly known as "Pedregal", to delete the requirement to convert existing overhead utility lines adjacent to the southerly boundary of the Pedregal project site, and to remove, in entirety, existing street lights located along Tram Way adjacent to the Pedregal project site; and WHEREAS, on October 3, 2007, a public hearing on the request to amend Case No. 5.1103 — CUP, 3.2941 — MAJ, and TTM 33162, commonly known as "Pedregal" was held by the City Council in accordance with applicable law; 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, and all written and oral testimony presented. THE CITY COUNCIL 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 "Existing Construction" of the Palm Springs Municipal Code states: (a) Utility lines of less than thirty-five kV and overhead service drop conductor(s), including all lines on-site, abutting and transecting shall be placed underground when existing buildings or structures are remodeled or expanded where the modification increases the building footprint (exclusive of porches and patios) of an existing structure by more than ten percent for multifamily, commercial and industrial uses and by more than forty percent for single-family use unless undergrounding is deferred pursuant hereto. Deferral may be permitted by the director of public works under the following circumstances: (i) if the length of line to be undergrounded is less than three hundred lineal feet; or (ii) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (iii) if there are alternative methods of accomplishing the under-grounding; or (iv) there is limited public benefit to the undergrounding. Resolution No. 22073 Page 3 (b) The overhead service drop conductors shall be placed underground when existing buildings or structures are repaired, remodeled or expanded where the value (as determined for building permit fee purposes by the building code of the city) of such repairs or remodeling or expansion in any calendar year exceeds the assessed valuation of the building or structure, or the amount of twenty thousand dollars, whichever is less. The undergrounding of utilities may be waived or deferred by the director of planning and zoning under the following circumstances: (i) if the cost of undergrounding would be excessive in comparison to the value of the improvements being constructed and be a financial hardship; or (ii) if there are alternative methods of accomplishing the undergrounding; or (iii) there is limited public benefit to the undergrounding. (c) Wherever in this section deferral of undergrounding is approved, a covenant shall be recorded, running with the land and setting forth the circumstances under which undergrounding shall be required and giving enforcement rights to the city. Among other provisions the covenant shall provide that the covenantor shall waive any right to protest the establishment of any undergrounding assessment district or other area- wide method of funding such undergrounding including any obligation to reimburse other parties for their respective share of such undergrounding cost. The city shall retain the right to underground such utilities and to receive from covenantor their respective share of such cost, and to establish a lien against the property should covenantor not pay such funds following reasonable notice. (Ord. 1518 § 1, 1995: Ord. 1316 § 2, 1988: Ord. 1306 § 2, 1988: Ord. 1124 § 1 (part), 1981) Section 3: Although utility undergrounding is required for "new construction" under Section 8.04.401 of the Palm Springs Municipal Code, it is appropriate to consider the ability to equitably and fairly implement the utility undergrounding obligation, at an appropriate cost, and that an ability to defer utility undergrounding to a covenant for the reasons specified for "existing construction" under Section 8.04.402 of the Palm Springs Municipal Code should apply to specific cases approved by the City Council. Section 4: Objective 5.20 of the Palm Springs General Plan (1993) states: Low lighting levels to emphasize the "village" character of the community, and corresponding Policy 5.20.4 states: Street lighting shall be limited to safety lighting at intersections of streets designated collector or greater. The intensity of light should be related to the street classification, surrounding land uses and traffic volumes. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves a request to amend Case No. 5.1103- CUP, 3.2941 — MAJ, TTM 33162, to delete the requirement to underground existing overhead utility lines along the southerly property line provided this work is deferred by executing and Resolution No. 22073 Page 4 recording a covenant for the future undergrounding of the utility lines along the southerly property line, subject to periodic review of the covenant; and approves a request to remove street lights along Tram Way. ADOPTED THIS 17th day of October, 2007. David H. Ready, anager ATTEST: 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. 22073 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 the 17th day of October, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. a�i�ii es Thompson, City Clerk Ity of Palm Springs, California