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HomeMy WebLinkAbout19723 - RESOLUTIONS - 1/19/2000 RESOLUTION NO. 19723 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, CONDITIONAL USE PERMIT NO. 5.0818,TO NEXTEL COMMUNICATIONS, INC. FOR THE INSTALLATION OF A COMMERCIAL , COMMUNICATIONS ANTENNA ON A 60-FOOT TALL MONOPOLE AND A 200 SQUARE FOOT EQUIPMENT SHELTER ON A 1.53 ACRE PARCEL LOCATED AT 2050 EXECUTIVE WAY, W-M-1-P ZONE, SECTION 6, AND MAKING FINDINGS IN SUPPORT THEREOF. -------------- WHEREAS, Nextel Communications, Inc. (the "applicant') has filedl an application with. the City pursuant to Section 9402.00 of the Zoning Ordinance for the installation of a Commercial Communications Antenna on a 60-foot tall monopole and a 200 square foot equipment shelter on a 1.53 acre parcel located at 2050 Executive Way, W-M-1-P zone, Section 6; and WHEREAS, on March 19, 1997, the City Council approved Conditional Use Permit No. 5.0734 for a 60-foot tall commercial communications antenna on the property in question, approximately 130 feet south of the proposed antenna; and WHEREAS, on October 27, 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, at the October 27, 1999, public hearing, the Planning Commission recommended that the application be removed from the agenda and continued the item to allow for an Environmental Assessment to be completed for the project, with sipecific concerns related to the potential environmental impacts associated with aesthetics related to the proximity of two scenic corridors (Vista Chino and Gene Autry Trail) and hazards associated with the location of the proposed structure in relation to the flight patterns from the Palm Springs International Airport; and WHEREAS,the applicant has considered co-locating their communications facilities on the existing monopole on the property, but a height increase to a minimum height of 75 feet would be necessary for a co-location to be technically feasible; and WHEREAS,the Federal Aviation.Administration(FAA)has determined that,based on their criteria, the proposed commercial conummications antenna structure is not an obstruction (i.e. that the tower does not penetrate airspace around the airport); and WHEREAS, the applicant is proposing to "cluster" the new commercial communications antenna approximately 130 feet from the previously approved and existing commercial communications antenna on the property; and WHEREAS, "clustering" the two antenna structures on the property would make the structures easier to identify on aeronautical charts; and WHEREAS,Vista Chino and Gene Autry Trail are designated as scenic corridors pursuant to the General Plan Land Use Map; and 3 �� R19723 Page 2 WHEREAS, objectives and policies set forth in the General Plan regarding Scenic Corridors include but are not limited to the enhancement of visual amenities of local and regional Xx highway travel; and WHEREAS, an electrical substation and numerous overhead power lines exist at a height very similar or slightly taller than the 60-foot tall structure proposed under this application in the immediate area of the site and impact the aesthetics of the immediate area; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Conditional Use PermitNo.5.0818 was given in accordance with applicable law; and WHEREAS,on December 22, 1999,a public hearing on the application for Conditional Use Permit No.5.0818 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on December 22, 1999,the Planning Commission voted 6-0-1 to recommend . approval of the application subject to the findings and conditions stated in Resolution No. 4679; 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. 5.0818 was given in accordance with applicable law; and WHEREAS, on January 19, 2000, a public hearing on the application for Conditional Use Permit No. 5.0818 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit, (Case No. 5.0818), is considered a "project"pursuant to the terms of the California Environmental Quality Act("CEQA"),and a Negative Declaration has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; 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 final Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA Guidelines. The Planning Commission has previously reviewed and the City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed project, which includes mitigation measures for Traffic and Circulation related to flight patterns for the Palm Springs International Airport and Aesthetics and that,on the basis of the initial study and comments received during the public review process, there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of this project. The City Council further finds that the Mitigated Negative Declaration reflects its independent judgment. R19723 Page 3 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 commercial communications antenna 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(Jeneral 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 a 1,290 square foot leased area at 2050 Executive 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 use. The site for the proposed communications antennae will not have a direct or indirect impact streets and highways and is properly designed in the subject area, with the recommended mitigation measures included in the Environmental Assessment. 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. 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 :3(3 R19723Y Page 4 3C 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. NOW,THEREFORE, BE IT RESOLVED that, based upon the foregoing,the City Council hereby approves Conditional Use Permit No. 1.1111, subject to those conditions set forth in Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 19th day of January 2000. , AYES: Members Jones, Hodges, Oden, and Mayor Kleindienst NOES: Member Reller-Spurgin ABSENT: None ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By( City Clerk City Manager REVIEWED AND APPROVED AS TO FORM: R19723 Page 5 RESOLUTION NO. EXHIBIT A Conditional Use Permit No. 5.0818 Nextel Communications, Inc. ' 2050 Executive Way ,January 19, 2000 CONTDITIONS OF APPROVAL Before final acceptance of the project,all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements,easements or covenants required to be entered into shall be:in a form approved by the City Attorney. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1 a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers,and employees from any claim,action,or proceeding against the City of Palm Springs ' or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body,advisory agencies,or administrative officers concerning Case 5.0818. The City of Pallm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim,action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Pahn Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive the indemnification herein, except,the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 3. The mitigation measures of the environmental assessment shall apply. The applicant shall ' submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. R19723 Ou Page 6 4. Commencement of use or construction under this Conditional Use Permit shall be within two (2) years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 5. If the communications antennae or monopole are ever proposed to be modified in any manner such as the inclusion of other antennae, satellite dishes and/or other support equipment, the proposed modifications shall be submitted to the Director of Planning and Building for review and approval prior to installation. 6. If the technology regarding the communications antennae changes in where the antennae as approved become obsolete,then the antennae shall be removed. 7. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application. 8. The maximum height of the commercial communications antenna and monopole structure shall be 60 feet, as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the antenna. 9. If the antennae and/or monopole are ever abandoned or if this application ever expires, the monopole and antennae shall be removed within 30 days. 10. Manufacturer's cut sheets of the proposed antennae shall be submitted to the Director of Planning and Building prior to the issuance of permits for installation of the commercial communications antennae. 11. The final color and finish treatment of the monopole and antennae shall be submitted for review and approval of the Director of Planning and Building prior to the issuance of building permits. A light gray matte paint or light gray matte final finish treatment shall be used,unless an alternative treatment is required by the Federal Aviation Administration. The color shall blend and disappear into the sky and natural surroundings as much as possible to reduce the visual impacts of the structures. The color shall be used on the monopole and antennae. A color sample meeting this criteria shall be submitted for review and approval of the Director of Planning and Building prior to installation of the antennae and monopole. 12. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 13. The applicant shall comply with the recommendations of the Federal Aviation Administration. Proof of compliance shall be provided from the Director of Aviation to the Director of Planning and Building prior to the issuance of building permits. 14. Additional landscaping at key visual locations where transmission would not be impacted shall be provided to fttrther screen the communications antennae, to the satisfaction of the Director of Planning and Building. 15. Additional landscaping and a permanent irrigation system shall be provided to soften the perimeter of the enclosed area,to the satisfaction of the Director of Planning and Building. R19723 Page 7 16. The applicant shall work with the property owner, the lessee of the adjacent commercial communications antenna and staff to determine if the antenna can be clustered to a greater extent within the applicants leased area and marked to the satisfaction of the Director of Aviation and the Director of Planning and Building. 17. An alternative screening material, such as wrought iron with attached perforated metal or a solid decorative block wall shall be provided. Barbed wire shall be eliminated around the 1 perimeter of the facility. The final design of the perimeter wall/fence treatment shall be reviewed and approved by the Director of Planning and Building prior to the issuance of building permits. POLICE DEPARTMENT: 18. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 19. Prior to any construction on-site, all appropriate permits must be secured. 1 ,3C ? 1