HomeMy WebLinkAboutPC Resolution _5036- Case 5.1060 CUPRESOLUTION NO. 5036
OF THE PLANNING COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA, RECOMMENDING CITY COUNCIL
ADOPTION OF A NEGATIVE DECLARATION AND APPROVAL,
SUBJECT TO THE CONDITIONS STATED, OF CONDITIONAL USE
PERMIT NO. 5.1060 CUP, FOR NEXTEL COMMUNICATIONS, FOR
THE CONSTRUCTION, OPERATION AND MAINTENANCE OF A
NEXTEL COMMUNICATION FACILITY TO INCLUDE A 50 FOOT
TALL STEEL MONOPOLE AND 20' X 11.6' X 10' EQUIPMENT
SHELTER SURROUNDED BY 6' TALL WROUGHT IRON FENCE,
LOCATED AT 788 SOUTH VELLA ROAD (BIG TEN MINI -
STORAGE), ZONE M1, APN: 680-160-025, AND MAKING FINDINGS
IN SUPPORT THEREOF.
WHEREAS, 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 Communications commercial communication facility to include a
50 foot tall cellular tower and 20' x 11.6' x 10' equipment shelter surrounded by a 6' tall
wrought iron fence, located at 788 South Vella Road, Zone M1, APN: 680-160-025; 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.5.1060 was given
in accordance with applicable law; and
WHEREAS, on October 26, 2005, a public hearing on the application for Conditional
Use Permit No. 5.1060 was held by the Planning Commission in accordance with
applicable law; and
WHEREAS, a 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 October 9, 2005. It was
determined that the project would not have significant environmental impacts, therefore, no
mitigation measures were required as conditions of approval; 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 Negative Declaration attached hereto.
Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission
N.
finds that:
a. The use applied for at the location set forth in the application is 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
M1 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 will not have a significant visual impact on
the surrounding area because all associated equipment will be enclosed within a
block wall "building" the facility. In order for the proposed monopole to better blend
into the surrounding area it will be designed to resemble a palm tree.
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, an 800 square foot lease area at the
rear corner of an industrial/warehouse development located at 788 South Vella
Road, 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 industriallwarehouse use.
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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