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Home My WebLink About20148 - RESOLUTIONS - 8/1/2001 RESOLUTION NO. 20148 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, OF CONDITIONAL USE PERMIT NO. 5.0877, TO VERIZON WIRELESS FOR THE INSTALLATION OF A COMMERCIAL COMMUNICATIONS ANTENNA ON A 60-FOOT TALL MONOPOLE DESIGNED TO LOOK LIKEA PALM TREE AND ASSOCIATED 230 SQUARE FOOT EQUIPMENT BUILDING WITHIN A 812 SQUARE FOOT LEASED AREA IMMEDIATELY ADJACENT TO THE SOUTH ELEVATION OF AN EXISTING BUILDING LOCATED AT 1555 SOUTH PALM CANYON DRIVE,ZONE PD-131, I.L., SECTION 22, AND MAKING FINDINGS IN SUPPORT THEREOF. ------------- WHEREAS,Verizon Wireless("Applicant")has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for the installation of Commercial Communications Antenna on a 60-foot tall monopole designed to look like a palm tree and associated 230 square foot equipment building within a 812 square foot leased area immediately adjacent to the south elevation of an existing building located at 1555 South Palm Canyon Drive, Zone PD-131, I.L., Section 22; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Conditional Use Permit No.5.0877 was given in accordancewith applicable law; and WHEREAS, on July 11, 2001, a public hearing on the application for Conditional Use Permit No. 5.0877 was held by the Planning Commission in accordance with applicable law; 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.5.0877 was given in accordance with applicable law; and WHEREAS, on August 1, 2001, a public hearing on the application for Conditional Use Permit No. 5.0877 was held by the City Council in accordance with applicable law; and WHEREAS,the proposed Conditional Use Permit(Case No.5.0877)is categorically exempt from the provisions of the California Environmental Quality Act(CEQA)pursuantto Section 15303(New Construction or 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: This Conditional Use Permit is categorically exempt from environmental assessment per Section 15303 of the California Environmental Quality Act (CEQA) in that Section 15303 42sc. Res. No. 20148 Case 5.0877 - Verizon Wireless mono-palm Resolution , August 1, 2001 Page 2 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 PD-131 zone pursuant to approval of a Type II Conditional Use Permit. b. The use applied for is necessary ordesirable forthe development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses orto 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 orfences,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 812 square foot leased area immediately adjacent to the south elevation of an existing building located at 1555 South Palm Canyon Drive, 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 direct or 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. All proposed conditions of approval are necessary to ensure public health and safety. Res. No. 20148 Case 5.0877 -Verizon Wireless mono-palm Resolution ' August 1, 2001 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Conditional Use Permit No. 5.0877, subject to those conditions set forth in Exhibit A, on file in the Department of Planning and Building, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 1st day of August , 2001. AYES: Members Hodges, Jones, Reller—Spurgiu and Mayor Kleindienst NOES: None ABSENT: None ABSTAIN: Member 0den ATTEST: CITY OF PALM SPRINGS BY City Clerk City Managed / REVIEWED AND APPROVED AS TO FORM: .?S_fr Res. No. 20148 Page 4 RESOLUTION NO. ' EXHIBIT A Conditional Use Permit No. 5.0877 Verizon Wireless 1555 South Palm Canyon Drive August 1, 2001 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction ofthe City Engineer,the Directorof Planning,the Chiefof Police,the Fire Chiefortheir 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 developmentof 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. ' la. The ownershall 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 oremployees 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 5.0877. The City of Palm 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 notifythe applicantof any such claim, action or proceeding orfails to cooperate fully in the defense,the applicant shall not,thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm 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. 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 maybe granted by the Planning Commission upon demonstration of good cause. 3. If the communications antennae, monopole or equipment building 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. Res. No. 20148 Page 5 Case 5.0877 -Verizon mono-palm CUP Conditions August 1, 2001 4. If the technology regarding the communications antennae changes in where the antennae and/or equipment building as approved become obsolete, then the antennae shall be removed. 5. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application. 6. 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. 7. If the antennae and/or monopole are ever abandoned or if this Conditional Use Permit ever expires, the monopole and antennae shall be removed within 30 days: 8. 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. 9. 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. lnthecase 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 fee 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 artwork and protect the public rights of access and viewing. 10. Afinal landscape plan shall be submitted forreviewand approval bythe Directorof Planning and Building prior to issuance of building permits. A minimum of two (2) live palm trees, tiered in heightand similarin appearancetothe mono-palm,shall be installed atthe location. The perimeterwall shall measure 10 feet in heightand befinished and painted to match the existing building. 11. The applicant shall comply with the requirements of the Federal Aviation Administration. Proof of compliance shall be provided to the Director of Aviation to the Director of Planning and Building prior to the issuance of building permits. 12, Not Used. 13. The applicant/operatorof the facility shall agreeto allow the co-location of equipmentof other wireless communications providers atthis site when applications are received by the City and it is considered feasible, subjectto an agreement between the applicant/operator. the other proposed wireless communications provider, and the property owner. Res. No. 20148 Page 6 Case 5.0877 - Verizon mono-palm CUP Conditions ' August 1, 2001 POLICE DEPARTMENT: 14. Developer shall comply with Section II of Chapter8.04 of the Padm Springs Municipal Code. BUILDING DEPARTMENT: 15. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT: 16. Construction shall be in accordance with the 1998 California Fire: Code and 1997 California Building Code. 17. Address shall be plainly visible and legible from the street per the 1998 California Building Code. Contact building official. 18. A KNOX key box is required per the 1998 California Fire Code. Contact this office for a KNOX application as soon as possible. 19. Portable fire extinguishers shall be installed in accordance with the 1998 California Code, Article 10, and Standard 10. 20. Further comments as conditions warrant. ENGINEERING DEPARTMENT: None. asA s