HomeMy WebLinkAbout20729 - RESOLUTIONS - 9/3/2003 RESOLUTION NO. 20729 ,
OF THE CITY COUNCIL APPROVING CONDITIONAL USE
PERMIT NO. 5.0902-B SUBJECTTO THE CONDITIONS STATED,
FOR VERIZON WIRELESS TO INSTALL A COMMERCIAL
COMMUNICATIONS ANTENNA ON A 55-FOOTTALL MONOPOLE
DESIGNED TO LOOK LIKE A PALM TREIE, AND A SMALL
EQUIPMENT CABINET WITHIN AN 1100 SQUARE FOOT LEASE
AREA, LOCATED AT 1776 NORTH PALM CANYON DRIVE,ZONE
C-1, SECTION 3.
WHEREAS,Verizon Wireless("Applicant')has filed an application with the City pursuantto Section
94.02.00 of the.Zoning Ordinance for the installation of a Commercial Communications Antenna
on a 55-foot tall monopole and a small equipment cabinet within an 1100 square foot lease area
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 the application for Conditional Use Permit No.5.0902-13 was given in accordance with
applicable law; and
WHEREAS, on July 23, 2003, a public hearing on the application for Conditional Use Permit No.
5.0902-13 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 the
application for Conditional Use Permit No.5.0902-B was given in accordance with applicable law;
and
WHEREAS, on September 3, 2003, a public hearing on the application for Conditional Use Permit
No. 5.0902-B was held by the City Council in accordance with applicable law; and
WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of
the California Environmental Quality Act(CEQA) pursuant to 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: The City Council finds that 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.
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.
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' Pursuant to the Zoning Ordinance, a commercial communications antenna is authorized
in the C-1 (Retail Business)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
harmonywith 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 an 1100 square foot lease area 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 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.
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NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby '
approves Conditional Use Permit No. 5.0902-B, subject to those conditions set forth in Exhibit A,
which are to be satisfied prior to the issuance of a Certificate of Occupancy unless othen,ise
specified.
ADOPTED this 3rd day of September , 2003.
AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kteindienst
NOES: None
ABSENT: Member Hodges
ABSTENTIONS: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form:
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' EXHIBIT A
Conditional Use Permit No. 5.0902-B
Verizon Wireless
1776 North Palm Canyon Drive
September 3, 2003
CONDITIONS OF APPROVAL
Before final acceptance ofthe project,all conditions listed belowshall 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.
' la. 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 5.0902-B. 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 or fails 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 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 other antennae,satellite dishes and/or other
support equipment,the proposed modifications shall be submitted to the Director of Planning
' and Zoning for review and approval prior to installation.
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Resoluton 20729
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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 47 feet,as indicated on the conceptually approved plans,as measured from finished
grade to the highest point of the antenna. A monopole structure of 55 feet may be approved
upon submittal to the City Council of propagation maps showing the difference in coverage
between a 47 foot high and 55 foot high monopole.
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 Zoning prior to the issuance of permits for installation of the commercial
communications antennae.
9. This projectshall besubjectto Chapters2.24and 3.37of 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 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
Zoning 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. A final landscape plan shall be submitted for review and approval by the Director of Planning
and Zoning prior to issuance of building permits. A minimum of three (3) live palm trees,
tiered in height and similar in appearance to the mono-palm, shall be installed at the location
within 25 feet of the monopalm.The perimeterfence shall measure 6 feet in height and shall
be constructed of decorative metal or other alternative material. Chainlink fencing is
prohibited.
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 Zoning 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 Zoning.
13. The applicant/operatorof the facility shall agree to allowtlhe co-location of equipment of other
wireless communications providers atthis site when applications are received bythe City and ,
it is considered feasible, subject to an agreement between the applicant/operator, the other
proposed wireless communications provider, and the property owner.
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14. The proposed generator shall only be operated in the event of an emergency. Location and
noise mitigation measures shall be submitted for review prior to issuance of building permits.
POLICE DEPARTMENT
1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code.
BUILDING DEPARTMENT
1. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
1. Minimum Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for
every 75' of floor or grade travel distance for normal hazards.
2. Proximityto Existing Buildings: If the equipment shelter is within 15 feet of an existing building
then the built-in fire protection(i.e.fire sprinklers)for that existing building is extended to the
proposed shelter.
ENGINEERING DEPARTMENT
None.
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APP ICANT vervon Wireless Application for Conditional Use Permit m '
a 55 foot high monopalm and 11'x l6'equipment
shelter at 1776 North Palm Canyon Drive,
Zone C-1, Section 3.
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