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Home My WebLink About19509 - RESOLUTIONS - 5/5/1999 RESOLUTION NO. 19509 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, CONDITIONAL USE ' PERMIT NO. 5.0800,TO THE PALM SPRINGS UNIFIED SCHOOL DISTRICT FOR THE INSTALLATION OF TWO (2)MICROWAVE TOWERS,ONE CONSISTING OF A 25- FOOT TALL MONOPOLE WITH A 2-FOOT DIAMETER SATELLITE DISH AND ONE CONSISTING OF A 15- FOOT TALL MONOPOLE WITH A 4-FOOT AND 2-FOOT DIAMETER SATELLITE DISHES, LOCATED ON THE ROOF OF THE ADMINISTRATION BUILDING OF THE PALM SPRINGS UNIFIED SCHOOL DISTRICT, LOCATED AT 980 TAHQUITZ CANYON WAY, NEAR THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND TAHQUITZ CANYON WAY, C-1- AA ZONE, SECTION 14, AND MAKING FINDINGS IN SUPPORT THEREOF. WHEREAS, the Palm Springs Unified School District (the "applicant") has filed an application with the City pursuant to Section 9402.00 of the Zoning Ordinance for the installation of two roof-mounted microwave antenna structures as described above at 980 ' Tahquitz Canyon Way, C-1-AA zone, Section 14; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Conditional Use PemritNo.5.0800 was given in accordance with applicable law; and WHEREAS, on March 10, 1999,and continued to March 24, 1999, a public hearing on the application for Conditional Use Permit No. 5.0800 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission voted to recommend approval (4-0; 3 abstentions) of Conditional Use Permit No. 5.0800 at their March 24, 1999 meeting; and WHEREAS, on April 20, 1999,the Tribal Council for the Agua Caliente Band of Cahuilla Indians considered and recommended approval of the application subject to a condition that the towers shall be removed within three years of approval of the City Council or,the towers shall be removed upon issuance of a building permit for any construction authorized on Lots 155 through 160 of Section 14, whichever occurs first, with extensions of time possible at the request of the school district; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Conditional Use Permit No. 5.0800 was given in accordance with applicable law; and WHEREAS,on May 5, 1999,a public hearing on the application for Conditional Use Permit No. 5.0800 was held by the City Council in accordance with applicable law; and R195 09 Page 2 WHEREAS, the proposed Conditional Use Permit No. 5.0800 is categorically exempt pursuant to the terms of the California Environmental Quality Act (CEQA) per Section 15303 (New Construction and Conversion of Small Structures); 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 (New Construction and Conversion of Small Structures)ofthe CEQA Guidelines. Section 2. Pursuant to Zoning Ordinance Section 9402.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one; for which a conditional use permit is authorized by the City Zoning Ordinance. Pursuant to the Zoning Ordinance, a communications antenna and/or broadcasting transmitter for the proposed ten (10) year period is authorized in the C-1-AA zone; pursuant to approval of a Type II Conditional Use Permit. b. The use applied for 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 antennae is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. 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,on the roof ofthe existing building located at'980 Tahquitz Canyon Way,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. d. The site for the proposed use related to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed I use. The site for the proposed communications antennae will not impact streets and highways properly designed in the subject area. R19509 Page 3 e. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the publiq 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 including, but not limited to, the requirements for additional on-site parking and lighting and provision for additional street dedication and revisions to curbs,gutters and.sidewalks via covenants recorded against the property. Section 3: Pursuant to Government Code Section 66473.5,the City Council finds that the proposed project and the provisions for its design and improvement are compatible with the objectives,policies,and general land uses and programs provided in the City's General Plan and any applicable specific plan; and Section 4: Pursuant to Government Code Section 65567,the City Council finds that the proposed project and the provisions for its design and improvements are compatible with the objectives,policies and general land use provided in the City's local open space plan; and Section 5: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of these conditions attached in Exhibit A: a. The proposed project is consistent with the applicable general and specific plans. b. The design or improvements of the proposed project are consistent with the General Plan. ' c. The site is physically suitable for the type of development contemplated by the proposed project. d. The site is physically suitable for the proposed density of development contemplated by the proposed project. e. The design of the project or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or the habitat. f. The design of the project or improvements is not likely to cause serious public health problems. g. The design of the project or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. 1 R19509 Page 4 NOW, THEREFORE,BE IT RESOLVED that,based upon the foregoing,the City Council hereby approves Conditional Use Permit No. 5.0800,subject to those conditions set forth in Exhibit A, on file in the office of the City Clerk, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 5 day of_Lay, 1999. ' AYES: Members Barnes, Hodges, 0den, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ABSTAIN: ATTEST: CITY OF PALM SPRINGS, NIA By City Clerk r� Ci anager REVIEWED AND APPROVED: