HomeMy WebLinkAbout19000 - RESOLUTIONS - 3/19/1997 RESOLUTION NO. 19000
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE
CONDITIONS STATED, CONDITIONAL USE PERMIT NO.
5.0734 FOR LA CELLULAR, FOR INSTALLATION OF A
COMMUNICATIONS ANTENNA ON A MONOPOLE AND A
' EQUIPMENT FACILITY AT 2050 EXECUTIVE DRIVE, M-
1-P ZONE, SECTION 6.
WHEREAS, LA Cellular, (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 2050 Executive Drive, M-1-P Zone, Section 6; 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. 0734 was given in accordance with
applicable 'law; and
WHEREAS, on February 26, 1997 a public hearing on the application
for Conditional Use Permit No. 5.0734 was held by the Planning
Commission in accordance with applicable law; and
WHEREAS, at the conclusion of its public hearing on February .26,
1997, the Planning Commission adopted Resolution No. 4526,
recommending that the City Council approve Conditional Use Permit
No. 5.0734, subject to the findings and conditions stated in
' Resolution No. 4526; 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. 5.0734 was given in accordance with applicable law;
and
WHEREAS, on March 19, 1997 a public hearing on the application for
Conditional Use Permit No. 5.0734 was held by the Planning
Commission 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 15303 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 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 conuaunications antenna, is in harmony with
the various elements or objectives of the General Plan, and is
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not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use
is to be .located.
C. The site for the 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 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.
5.0734, 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 65863.51 the
City Council recommends that the City Clerk, within
30 days from the Project approval., notify the
County Assessor of said action.
ADOPTED this 19th day of March , 1997. '
AYES: Members Barnes, NOdges, Oden, Spurgin and Mayor Kleindienst
NOES: None
ABSENT: None
.ATTEST: CTY OF PAIN SPR NG CALIFORNIA
City Clerk Ci i Mana er `
APPROVED BY: V