HomeMy WebLinkAbout19382 - RESOLUTIONS - 10/21/1998RESOLUTION NO. 19382
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING, SUBJECT TO THE
CONDITIONS STATED, CONDITIONAL USE PERMIT NO.
5.0793 FOR NEXTEL, FOR INSTALLATION OF A
COMMUNICATIONS ANTENNA ON A MONOPOLE AND A
EQUIPMENT FACILITY AT 3601 E. MESQUITE, O ZONE,
SECTION 19.
WHEREAS, Nextel, (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 3061 E. Mesquite Ave, O 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. 5.0793 was given in
accordance with applicable law; and
WHEREAS, on September 23, 1998 a public hearing on the application for Conditional Use
Permit No. 5.0793 was held by the Planning Commission in accordance with applicable law; and
WHEREAS, at the conclusion of its public hearing on September 23, 1998, the Planning
Commission adopted Resolution No. 4604, recommending that the City Council approve
Conditional Use Permit 5.0793 subject to the findings and conditions stated in Resolution No.
' 4604; 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. 5.0793 was given in
accordance with applicable law; and
WHEREAS, on October 21, 1998 a public hearing on the application for Conditional Use Permit
No. 5.0793 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
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. I
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b. The proposed 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 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 Conditional Use Permit No. 5.0793, subject to those conditions set forth in
Exhibit A, on file in the City Clerks Office which are to be satisfied prior to the issuance of a
Certificate of Occupancy unless other specified.
Section 1: Pursuant to Government Code Section 65863.5, that the City Clerk, within
30 days from the Project approval, notify the County Assessor of said
action.
ADOPTED this 21st day of October , 1998.
AYES: Members
NOES: None
ABSENT: None
Barnes, Hodges, Oden, Reller-Spurgin and Mayor Kle-indienst
ATTEST:
By ODC-,�
City Clerk
REVIEWED BY:
CALIFORNIA