HomeMy WebLinkAboutPC Resolution _5041- Case 5.0979 CUPRESOLUTION NO. 5041
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA, DENYING CASE NO
5.0979 — AN APPLICATION BY SPRINT PCS FOR A
CONDITIONAL USE PERMIT FOR THE INSTALLATION OF
ONE SIXTY-FIVE FOOT (65') TALL COMMERCIAL
COMMUNICATION ANTENNA DESIGNED AS MONOPALM
POLES AND ONE EQUIPMENT CABINET SHELTERAT EACH
LOCATION MEASURING 7' BY 11'5" BY 16' WITHIN A 14' BY
25' LEASE AREA LOCATED AT 1800 SOUTH SUNRISE WAY,
ZONE R-G-A-6, SECTION 25.
WHEREAS, on September 29, 2003, Sprint PCS submitted an application for a Conditional Use
Permit to install, a) one commercial communications antenna on a 65-foot monopalm pole and, b)
one equipment cabinet shelter at location measuring 7' by 11'5" by 16' within a 14' by 25' lease area,
both located at 1800 South Sunrise Way; and
WHEREAS, the Palm Springs General Plan designates the subject site as the Smoke Tree Area,
which allows for low density residential use, including a maximum height of 30 feet for structures;
and
WHEREAS, the City of Palm Springs Zoning Map designates this area as R-G-A (Garden
Apartment and Cluster Residential Zone) where the maximum allowed building height is 24 feet; and
WHEREAS, according to Section 94.02.00.A.2.f of the Palm Springs Zoning Code commercial
communications antennae may be established in the R-G A zone following approval of a Conditional
Use Permit by both the Planning Commission and City Council; and
WHEREAS, on September 28, 2005, a public hearing was held where the Planning Commission
addressed the question of whether a Conditional Use Permitforthe commercial antenna in the R-G-
A Zone; and
WHEREAS, the Planning Commission 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:
Cortinn 1 ;
Pursuant to CEQA guidelines Section 15063, the Planning Commission finds as
follows: A draft Negative Declaration of environmental impact was prepared for the
application, including the Conditional Use Permit. The Environmental Assessment
was distributed to local agencies and interested parties.
Pursuant to Zoning Ordinance Section 94.02.00 the Planning Commission finds the
following:
That the use 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, because:
a. The height of the structure — proposed at 65 feet -- exceeds the maximum
allowed height of the R-G A zone — 24 feet — as well as the additional height
allowed by the standards for height and placement of communication
antennas -- 49 feet (24 feet of the R-G A zone plus 25 feet, per Section
93. 08. 03. A. 2. C . i i i ),
b. The project would introduce a single high-rise structure out of character with
the low-rise development pattern of the residential and commercial uses in
the vicinity.
2. That the site for the intended use is not adequate in size and shape to
accommodate such use, because the site is proposed at 600 square feet and
does not provide adequate separation between adjacent residential development
and a 65-foot structure to avoid creating an urban, intensely developed
neighborhood character.
3. That conditions cannot be imposed on the project sufficient to protect the public
health, safety and general welfare as regards visual impact and compatibility with
the surrounding development character.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission
hereby denies the application for a Conditional Use Permit to install a commercial communications
antenna at 1800 South Sunrise Way.
ADOPTED this 14th day of December, 2005
AYES: 6 / Hutcheson/Cohen/Marantz/Hochanadel/Roath/Ringlein
NOES:
ABSENT: 1 / Shoenberger
ABSTENTIONS:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
ec a oft Planning Commission