HomeMy WebLinkAbout20373 - RESOLUTIONS - 6/19/2002 RESOLUTION NO. 20373 '
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL,
SUBJECT TO THE CONDITIONS STATED,OF CONDITIONAL USE
PERMIT NO. 5.0902, TO AT&T WIRELESS FOR THE
INSTALLATION OF A COMMERCIAL COMMUNICATIONS ANTENNA
ON A 55-FOOT TALL MONOPOLE DESIGNED TO LOOK LIKE A
PALM TREE AND SMALL EQUIPMENT CABINET WITHIN AN 800
SQUARE FOOT LEASED AREA IN THE SOUTHWEST CORNER
OFAN EXISTING PARKING LOT LOCATED AT 1776 NORTH PALM
CANYON DRIVE,ZONE C-1,SECTION 3,AND MAKING FINDINGS
IN SUPPORT THEREOF.
WHEREAS, AT&T Wireless/ Kirk Campbell ("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 55-foot tall monopole designed to look like a palm tree and small
equipment cabinet within an 800 square foot leased area in the southwest corner of an existing
parking lot located at 1776 North Palm Canyon Drive, Zone C-1, Section 3; 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.5.0902 was given in accordance with
applicable law; and '
WHEREAS, on May 22, 2002, a public hearing on the application for Conditional Use Permit No.
5.0902 was held by the Planning Commission in accordance with applicable law; and
WHEREAS, on June 19, 2002, a public hearing on the application for Conditional Use Permit No.
5.0902 was held by the City Council in accordance with applicable law; and
WHEREAS,the proposed Conditional Use Permit(Case No.5.0902)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 Planning Commission 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 PLANNING COMMISSION HEREBY FINDS AS FOLLOWS'
Section 1. Pursuant to CEQA, the Planning Commission 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
states that installation of small new equipment is exempt from CEQA.
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Resolution 20373
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Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning
Commission 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.
Pursuantto the Zoning Ordinance,a commercial communications antenna is authorized in
the C-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 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 an 800 square foot leased area in the
southwest corner of an existing parking lot located at 1776 North 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 forthe 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 forthe 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.
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Resolution 20373
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NOW,THEREFORE, BE IT RESOLVED that,based upon the foregoing,the City Council approves '
Tentative Tract Map 30574 and Case No. 50908- PD-276 subject to those conditions set forth in
the attached Exhibit A,which are to be satisfied priorto the issuance of a Certificate of Occupancy
unless otherwise specified.
ADOPTED THIS 19T" day of June, 2002.
AYES: Member Oden and Mayor Pro Tem Reller—Spurgin
NOES: Member Hodges
ABSENT: Member Mills and Mayor Kleindtenst
ABSTENTIONS: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form:
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Resolution 20373
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' RESOLUTION NO, 20373
EXHIBIT A
Conditional Use Permit No. 5.0902
AT&T Wireless
1776 North Palm Canyon Drive
June 19, 2002
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction ofthe City Engineer,the Director of Planning,the Chief of Police,the Fire Chief ortheir
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 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 Case5.0902. 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 notify the applicant of 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 matterfollowing an adverse judgement orfailure 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 may be 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 otherantennae,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.
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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 55 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.
S. 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. 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 fee being 112% 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.
10. Afinal landscape plan shall be submitted for review and approval by the Directorof Planning
and Building prior to issuance of building permits. A minimum of two (2) live palm trees,
tiered in height and similar in appearance to the mono-palm,shall be installed atthe location.
The perimeter wall shall measure 6 feet in height.
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. The City reserves the right to require, at any time in the future,one obstruction light on the
tallest point of the structure extending 12"-24"above the highest point of the pole/fronds if
deemed necessary by the Director of Planning and Building.
13. The applicant/operatorof the facility shall agree to allowthe cc-location ofequipmentofother
wireless communications providers at this 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.
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POLICE DEPARTMENT:
14. Developershall comply with Section II of Chapter8.04 of the Palm Springs Municipal Code.
BUILDING DEPARTMENT:
15. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT:
16. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for
every 75 feet of floor or grade travel distance for normal hazards. (1002.1 CFC)
17. Proximity to existing building: Due to the proximity to the existing building, this structure
is considered a part of the existing building. Any future requirements for the existing
building (i.e. fire sprinklers) will apply to the proposed structure also.
ENGINEERING DEPARTMENT:
None.
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