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HomeMy WebLinkAboutPC Resolution _5027- Case 5.1057 CUPRESOLUTION NO. 5027 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL, SUBJECT TO THE CONDITIONS STATED, OF CONDITIONAL USE PERMIT NO. 6.1057, FOR NEXTEL COMMUNICATIONS, FOR THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A NEXTEL COMMUNICATION FACILITY TO INCLUDE A 60 FOOT TALL STEEL MONOPOLE AND 20' X 11.5' X 10' EQUIPMENT SHELTER SURROUNDED BY A 6' TALL BLOCK WALL, LOCATED IN THE NORTHWEST CORNER AT 19345-65 N. INDIAN AVENUE, ZONE HC, SECTION 15, APNS: 666-330-051 & 666-330-053, AND MAKING FINDINGS IN SUPPORT THEREOF. WHEREAS, Nextel Communications has filed an application with the City pursuant to don 94.02.00 of the Zoning Ordinance for the construction, operation and maintenance of a lei communication facility to include a 60 foot tall steel monopole and 20' x 11.5' x 10' equipment Iter surrounded by a 6' tall block wall, at 19345-65 N. Indian Avenue, Zone HC, Section 15; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs onsider Applicant's application for Conditional Use Permit No.5.1057 was given in accordance applicable law; and WHEREAS, on September 28, 2005, a public hearing on the application for Conditional Use ,nit No. 5.1057 was held by the Planning Commission in accordance with applicable law; and WHEREAS, a Mitigated Negative Declaration of environmental impacts was drafted for this project pursuant to requirements of the California Environmental Quality Act (CEQA) and routed for the required 20-day public review period, which ended September 24, 2005. Although the project could have significant environmental impacts, mitigation measures were incorporated into the project as conditions of approval, and potentially significant impacts were reduced to less than significant levels; 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 recommends that the City Council adopt the Mitigated Negative Declaration attached hereto, and incorporate the mitigation measures as conditions of project approval, thus reducing all potentially significant impacts to less than significant levels. 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 communications antenna is authorized in the HC 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 Ee m 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 its surrounding because of the block wall surrounding the facility, palm trees screening the pole, and the non -glare surface on the monopole. 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, a 1,050 square foot lease area at the rear comer of an industrial/warehouse development located at 19345-65 N. Indian Avenue, 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. Location of and development of the lease area will not affect the functioning of the industrial/warehouse use. d. The site for the proposed use related to streets and highways is properly designed and 11 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. e. 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 Case No. 5.1057 CUP to the City Council, subject to those conditions set forth in the attached Exhibit A. ADOPTED this 28t' day of September, 2005. AYES: 7 NOES: ABSENT: ABSTENTIONS: ATTEST: f Chairman of the Planning Com rssion CITY OF PALM SPRINGS, CALIFORNIA Secretary of the Planning Commission x m