HomeMy WebLinkAbout19942 - RESOLUTIONS - 11/15/2000 �I RESOLUTION NO. 19942
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS
STATED, CONDITIONAL USE PERMIT NO. 5.0846, TO NEXTEL
COMMUNICATIONS, INC. FOR THE INSTALLATION OF A
COMMERCIAL COMMUNICATIONS ANTENNA ON A 60-FOOT
TALL MONOPOLE WITHIN A 700 SQUARE FOOT LEASED AREA
AT A DEVELOPED 3.1 ACRE WAREHOUSE/BUSINESS PARK
LOCATED AT 401 RADIO ROAD, M-1 ZONE, SECTION 34, AND
MAKING FINDINGS IN SUPPORT THEREOF.
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WHEREAS, Nextel Communications, Inc. ("Applicant") has filed an application with the City
pursuant to Section 94.02.00 of the Zoning Ordinance for the installation of a Commercial
Communications Antenna on a 60-foot tall monopole within a 700 square foot leased area at a
developed 3.1 acre warehouse/business park located at401 Radio Road,M-1 zone,Section 34;and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to
considerApplicant's application for Conditional Use Permit No.5.0846 was given in accordance with
applicable law; and
WHEREAS,on October 11,2000,a public hearing on the application for Conditional Use Permit No.
5.0846 was held by the Planning Commission in accordance with applicable law; and
WHEREAS, on October 11, 2000, the Planning Commission voted 7-0 to recommend approval of
the application subject to the findings and conditions stated in Resolution No. 4718; 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. 5.0846 was given in accordance with
applicable law; and
WHEREAS, on November 15,2000,a public hearing on the application for Conditional Use Permit
No. 5.0846 was held by the City Council in accordance with applicable law; and
WHEREAS,the proposed Conditional Use Permit,(Case No.5.0846),is categorically exempt from
the provisions of the California Environmental Quality Act(CEQA)pursuantto Section 15303(New
Construction or Conversion of Small Structures).
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.
Case 5.0846 Resolution 19942 '
November 15, 2000
Page 2 of 4
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as follows:
This Conditional Use Permit is categorically exempt from environmental assessment
pursuant to Section 15303 of the California Environmental Quality Act (CEQA) in that
Section 15303 states that installation of small new equipment is exempt from CEQA.
Section 2: Pursuant to Zoning Ordinance Section 94.02.00, 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 Ml-1 zone pursuant to approval of a Type II Conditional Use Permit.
b. The use applied for is 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 antenna 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. The proposed
communications antenna will not have a significant visual impact on the, environment
surrounding the site.
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 otherfeatures 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 700 square foot leased area at 401 (Radio
Road, 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 is 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 director indirect impact
on streets and highways and is 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.
A le
Case 5.0846 Resolution 19942
November 15, 2000
Page 3 of 4
All proposed conditions of approval are necessary to ensure public health and safety.
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 provision 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 orwildlife 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.
Case 5.0846 Resolution 19942
November 15, 2000
Page 4 of 4
NOW,THEREFORE, BE IT RESOLVED that, based upon the foregoing,the City Council hereby
approves Conditional Use Permit No. 5.0846, subjectto those conditions set forth in Exhibit A,on
file in the Department of Planning& Building's office,which are to be satisfied priorto the issuance
of a Certificate of Occupancy unless other specified.
ADOPTED thisj5y day of November , 2000.
AYES: Members Hodges, Jones, and Reller-Spurgin
NOES: Mayor Rleindienst
ABSENT: Member Oden
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
a
City Clerk City Manager
REVIEWED AND APPROVED AS TO FORM:
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