HomeMy WebLinkAboutPC Resolution _5028- Case 5.1058 CUPRESOLUTION NO. 5028
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. 5,1058,
FOR ALCOA WIRELESS, AGENT FOR NEXTEL
COMMUNICATIONS, FOR THE CONSTRUCTION,
OPERATION AND MAINTENANCE OF A NEXTEL
COMMUNICATION FACILITY AND ANTENNAS ON AN
EXISTING 60 FOOT LIGHT TOWER AND 20' X 11.5'
EQUIPMENT SHELTER BEHIND THE BASEBALL
DIAMOND SCOREBOARD AT SUNRISE PARK, LOCATED
AT 450 SOUTH SUNRISE WAY, ZONE O, SECTION 8,
APN: 502-200-001, AND MAKING FINDINGS IN SUPPORT
THEREOF.
WHEREAS, Alcoa Wireless/Chip Clustka ("Applicant") for Nextel
Communications has filed an application with the City pursuant to Section 94.02.00
of the Zoning Ordinance for the construction, operation and maintenance of a Nextel
communication facility and antennas on an existing 60 foot tall light tower and 230
s.f. equipment shelter behind the baseball diamond scoreboard at Sunrise Park,
located at 450 South Sunrise Way, Zone O, Section 8; 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.5.1058 was given in accordance with applicable law; and
WHEREAS, on September 28, 2005, a public hearing on the application for
Conditional Use Permit No. 5.1058 was held by the Planning Commission in
accordance with applicable law; and
WHEREAS, the proposed Conditional Use Permit (Case No. 51058) is
categorically exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15301 (Existing Facilities); 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:
Section 2:
Pursuant to CEQA, the Planning Commission finds that this project is
categorically exempt from California Environmental Quality Guidelines
(CEQA) per Section 15301, which states that an existing facility with
limited construction is a negligible expansion of an existing use.
Pursuant to Zoning Ordinance Section 94.02.00,
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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 O Zone pursuant to approval of a Type 11
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 as no additional pole will be
erected.
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 a 700 square foot
lease area behind the baseball diamond scoreboard at Sunrise Park
located at 450 South Sunrise Way, 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.
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.
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.
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NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends approval of Case No. 5.1058 CUP to the City
Council, subject to those conditions set forth in the attached Exhibit A.
ADOPTED this 28' day of September, 2005.
AYES: 7
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
Chairman of the Planning Co ission Secretary of the Planning Commission
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