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HomeMy WebLinkAbout18864 - RESOLUTIONS - 7/17/1996 RESOLUTION NO. 18864 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL, SUBJECT TO THE CONDITIONS STATED, CONDITIONAL USE PERMIT NO. 5. 0719 FOR PACIFIC BELL, FOR IiNSTALLATION OF A COMMUNICATIONS ANTENNA ON A MONOPOLE AT 490 E. SUNNY DUNES, C-M ZONE, SECTION 23 . WHEREAS, Pacific Bell, (the "applicant") has filed an application with the City pursuant to Section 9402 . 00 of the Zoning Code for a Conditional Use Permit for a installation of a communications antenna at 490 E. Sunny Dunes Rd. , C-M Zone, Section 23; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's Application for Conditional Use Permit: No. 5. 0719 was given in accordance with applicable law; and WHEREAS, on June 12 , 1996 a public hearing on the application for Conditional Use Permit No. 5. 0719 was held by the Planning Commission in accordance with applicable law; and WHEREAS, at the conclusion of its public hearing on June 12, 1996, the Planning Commission adopted Resolution No. 4501, recommending that the City Council approve Conditional Use Permit No. 5. 0719 subject to the findings and conditions stated in Resolution No. 4501; and WHEREAS, notice of a public hearing of the City Council of the City ' of Palm Springs to consider Applicant's Application for Conditional Use Permit No. 5.0719 was given in accordance with applicable law; and WHEREAS, on July 3 , 1996 a public hearing on the application for Conditional Use Permit No. 5. 0719 was held by the City Council in accordance with applicable law; and WHEREAS, the City Council 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 CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: The project is categorically exempt from the requirements of CEQA pursuant to Section 1.5303 which states that construction of new small equipment: is exempt from CEQA. Section 2 : Pursuant to Zoning Ordinance Section 9402 . 00, the City Council finds that: a. The proposed monopole and communications antenna at the ' location set forth :in the application is properly one for which a broadcasting transmitter is authorized by the City Zoning Ordinance as a Type II Conditional Use Permit. b. The proposed monopole and communications antenna, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future R18864 Page 2LI uses specifically permitted in the zone in which the proposed use is to be located. C. The site for the monopole and communications antenna 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. d. The site for the proposed monopole and communications antenna will not impact streets and. highways 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves of Conditional Use Permit No. 5. 0719, subject to those conditions set forth in Exhibit A, on file in the City Clerks office which are to be satisfied prior to the Final Inspection unless other specified. section 1: Pursuant 'to Government Code Section 65863 . 5, the City Council recommends that the City Clerk, within 30 days from the Project approval, notify the County Assessor of said action. ADOPTED this _17th day of July 1996. ' AYES: Members Barnes, Hodges and Spurgin NOES: Mayor Kleindienst ABSENT: Member Oden ATTEST: CITY O PALM SPRIN ,) CALIFORNIA By�l. City Clerk ity Ma ager REVIEWED BY: �