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HomeMy WebLinkAboutPC Resolution _5002- Case 5.0992 CUPRESOLUTION NO. 5002 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA RECOMMENDING APPROVAL TO THE CITY COUNCIL OF CONDITIONAL USE PERMIT NO. 5.0992, SUBJECT TO THE CONDITIONS STATED, FOR VERIZON WIRELESS TO INSTALL A COMMERCIAL COMMUNICATIONS ANTENNA ON A SIXTY FOOT (60') TALL LATICE TOWER AND A 12'(W) X 30'(L) X 9'-6"(H) EQUIPMENT SHELTER WITHIN AN 1,800 SQUARE FOOT LEASE AREA, LOCATED AT 1200 S. GENE AUTRY TRAIL, ZONE M-1, SECTION 19. WHEREAS, Verizon Wireless ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for the installation of a Commercib( Communications Antenna on a sixty foot (60') tall lattice tower and a equipment shelter within An 1800 square foot lease area located at 1200 S. Gene Autry Trail, Zone M-1, Section 19; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for CUP No.5.0992 was given in accordance with applicable law; and WHEREAS, on February 11, 2004, a public hearing on the application for CUP No. 5.0992 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures); 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: The Planning Commission finds that this Conditional Use Permit is categorically exempt from environmental assessment per Section 15303 of the California Environmental Quality Act (CEQA) in that Section 15303 states that installation of small new equipment is exempt from CEQA. Section 2: Pursuant to Zoning Ordinance Section 94.02.00, 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 commercial communications antenna is authorized in the M-1 (Service/Manufacturing) zone pursuant to approval of a Type II Conditional Use Permit. b. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed communications antenna is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. The proposed communications antenna will not have a significant visual impact on the environment surrounding the site. 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. The site for the communications antennae, on An 1800 square foot lease area located at 1200 S. Gene Autry Trail, 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. The setbacks of five hundred fifty feet (550') from a secondary thoroughfare and a setback of three hundred fifty feet (350') from a major thoroughfare and a setback of seventy five feet (75') from the water park and one thousand eight hundred feet (1800) to the nearest residential area is adequate to minimize the visual impact of the commercial communication antenna. d. The site for the proposed use related to streets and highways is 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 have a direct or indirect impact on streets and highways and is properly designed in the subject area. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends approval of Conditional Use Permit No. 5.0992, subject to those conditions set forth in Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 11 th day of February 2004. AYES: Matthews, Marantz, Shoenberger, Wright, Conrad, Grence NOES: Hochanadel ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Plan ng CommisIn Chairman Planning C mission Secretary