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Home My WebLink AboutPC Resolution _4711- Case 5.0838RESOLUTION NO. 4711 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING CONDITIONAL USE PERMIT NO. 5.0838 AS PROPOSED BY COX ASSETS, PCS (SPRINT PCS) FOR THE INSTALLATION OF A 65- FOOT TALL COMMERCIAL COMMUNICATIONS "MONOPALM" ANTENNA AND A 120 SQUARE FOOT EQUIPMENT SHELTER AREA WITHIN A 900 SQUARE FOOT LEASED AREA AT THE PALM SPRINGS ROYAL INN, A 66-UNIT HOTEL FACILITY ON 1.32 ACRES OF LAND LOCATED AT 1700 SOUTH PALM CANYON DRIVE, R-3 ZONE SECTION 26. WHEREAS, Cox Assets, PCS (Sprint PCS) (the "applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Ordinance for the installation of a 65- foot tall Commercial Communications "Monopalm" Antenna and a 120 equipment shelter area within a 900 square foot leased area at the Palm Springs Royal Inn, a 66-unit hotel facility on 1.32 acres of land located at 1700 South Palm Canyon Drive, R-3 Zone, Section 26; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Conditional Use Permit No. 5.0818 was given in accordance with applicable law; and WHEREAS, on September 13, 2000, a public hearing on the application for Conditional Use Permit No. 5.0838 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the properties to the west of the site are developed with hotels and a botanical garden, properties to the south and east are developed with condominiums and properties to the north are developed with commercial uses; and WHEREAS, a petition opposing the application was circulated upon residents of the immediate area, where a total of 46 signatures were gathered, and several of the petitioners spoke in opposition to the application at the September 13, 2000 Planning Commission public hearing; and WHEREAS, the action to deny Conditional Use Permit 5.0838 is not subject to the terms of the California Environmental Quality Act (CEQA); 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. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows: The action to deny Conditional Use Permit 5.0838 is not subject to the terms of the California Environmental Quality Act (CEQA). Section 2: Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds that: a. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the City Zoning Ordinance. Pursuant to the Zoning Ordinance, a communications antenna and/or broadcasting transmitter is authorized in the R-3 zone pursuant to approval of a Type II Conditional Use Permit. b. The use applied for is necessary and desirable for the development of the community, but the use as proposed is not in harmony with the various elements or objectives of the General Plan, and is detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The 65-foot tall "monopalm" commercial communications antenna structure is proposed within a 900-square foot lease area near the southwest corner of the parcel currently developed with the Palm Springs Royal Inn, a 66-unit, 3-story hotel located at 1700 South Palm Canyon Drive. The main building of the Palm Springs Royal Inn is approximately 28-30 feet in height. The site is located approximately 500 feet south of the transition curve from South to East Palm Canyon Drive. The site is in an area that is developed with primarily residential uses, as well as the Moorten Botanical Gardens immediately west of the site. The center of the pole of the commercial communications antenna would be located approximately 35 feet from South Palm Canyon Drive, a scenic corridor, and approximately 25 feet from Twin Palms Drive. Numerous Mexican Fan Palms ranging in height from 50 to 57 feet exist on the hotel property and within the immediate area. These palms are approximately 8 to 17 feet shorter than the proposed "monopalm". Given the 0 proposed location and height of the antenna, the antenna and monopole structure will be directly visible from areas of public view, from adjacent residential properties, the Moorten Botanical Gardens, as well as many hotel rooms with mountain (west and south) views at the Palm Springs Royal Inn. South Palm Canyon Drive is designated as a Secondary Thoroughfare on the City's General Plan Land Use Map. Objectives and policies set forth in the General Plan include the visual enhancement of local and regional highways and other significant routes of travel. The Community Design Element of the City of Palm Springs General Plan further supports these objectives and policies. Examples of the applicable General Plan include siting and designing all electrical and communications facilities in a manner that minimizes visual impacts along scenic roadway corridors, preserving and maintaining, through regulation, areas which have exceptional scenic value and preserving scenic vistas as an integral factor in all land development decisions. Due to the close proximity and visibility of the commercial communications array from a highly traveled section of South Palm Canyon Drive, the "monopalm", as proposed, would have a negative aesthetic impact to the area. The proposed telecommunications appurtenance, despite being concealed in a "monopalm" design, would be installed in an area of the community noted for its natural beauty and attractively landscaped properties. Furthermore, the relative height of the monopalm structure as compared to existing palms in the neighborhood and the hotel building and the relative size of individual simulated palm fronds to that of natural palm fronds is not in context with the neighborhood and the natural growth potential of the Washigtonia Robusta (Mexican Fan) palm species. For these reasons, the proposed communications antenna, despite being a necessary and desirable element within the community, is not in harmony with the various elements and objectives of the City of Palm Springs General Plan and is detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood, but would be detrimental to existing land uses in the immediate area. The site for the communications antenna, located at 1700 South Palm Canyon Drive, is adequate in shape and size to accommodate said use, including all features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood, but would be detrimental to existing land uses in the immediate area, which includes multiple family residential and hotel uses, for reasons outlined in Section 2b above. d. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The site for the proposed communications antennae will not impact streets and highways properly designed in the subject area. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby denies Conditional Use Permit No 5.0838, on file in the Department of Planning & Building's office. ADOPTED this 13th day of September-, 2000. AYES: Mills, Jurasky, Matthews, Raya, Klatchko, Shoenberger NOES: ABSENT: Caffery ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 0101�% S ,_ IL .,� Planning Commission Chairman Plannin ommission Secretary V, K m