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HomeMy WebLinkAbout20843 - RESOLUTIONS - 3/3/2004 RESOLUTION NO. 20843 , OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 5.0992, SUBJECT TO THE CONDITIONS STATED, FOR VERIZON WIRELESS TO INSTALL A COMMERCIAL COMMUNICATIONS ANTENNA ON A SIXTY FOOT (60') TALL LATICE TOWER AND A 12'(W) X 30'(L) X 9'-6"(H) EQUIPMENT SHELTER WITHIN AN 1,800 SQUARE FOOT LEASE AREA, LOCATED AT 1200 S. GENE AUTRY TRAIL, ZONE M-1, SECTION 19. 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 a Commercial Communications Antenna on a sixty foot (60') tall lattice tower and a equipment shelter within An 1800 square foot lease area located at 1200 S. Gene Autry Trail, Zone M-1, Section 19; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for CUP No.5.0992 was given in accordance with , applicable law; and WHEREAS, on February 11, 2004, a public hearing on the application for CUP No. 5.0992 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission, after holding a public hearing and considering the staff report and correspondences, recommend approval of the proposed conditional use permit; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the application for CUP No.5.0992 was given in accordance with applicable law; and WHEREAS, on March 3, 2004, a public hearing on the application for CUP No. 5.0992 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. , ' Resolution 20843 Page 2 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. Pursuant to the Zoning Ordinance, a commercial communications antenna is authorized in the M-1 (Service/Manufacturing) 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 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 commercial communication antennae, on an 1,800 square foot lease area located at 1200 S. Gene Autry Trail, 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. The setbacks of approximately nine hundred feet (900') from a secondary thoroughfare and a setback of approximately five hundred feet (500') from a major thoroughfare and a setback of five hundred feet (500') from the water park and one thousand eight hundred feet (1,800') to the nearest residential area is adequate to minimize the visual impact of the commercial communication antenna. 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. Resolution 20843 Page 3 , 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby recommends approval of Conditional Use Permit No. 5.0992, subject to those conditions set forth in Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 3rd day of March 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTAIN: None CITY OF PALM SPRINGS, CALIFORNIA B City Clerk City Manager Reviewed and Approved as to Form: Resolution 20843 Page 4 EXHIBIT A CONDITIONAL USE PERMIT NO. 5.0992 VERIZON WIRELESS 1200 S. GENE AUTRY TRAIL MARCH 3, 2004 CONDITIONS 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. 1A.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 B.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 5.0992 - CUP. 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 judgment 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 City Council 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. 0\8 Resolution 20843 Page S 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 lattice tower shall be 60 feet, as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the lattice tower. 7. If the antennae and/or lattice tower are ever abandoned or if this Conditional Use Permit ever expires, the lattice tower 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 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 1/2% for commercial projects or 114% 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. The applicant shall comply with the requirements of the Federal Aviation Administration. Proof of compliance shall be provided to the Director of Aviation and to the Director of Planning and Zoning prior to the issuance of building permits. - 11. The City will require one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of the tower to be installed when the lattice tower is constructed. 12. The applicant/operator of the facility shall agree to allow the co-location of equipment of other wireless communications providers at this site when applications are received by the City and it is considered feasible, subject to an agreement between the applicant/operator, the other proposed wireless communications provider, and the property owner. 13. 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 14, Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. f Resolution 20843 Page 6 BUILDING DEPARTMENT 15. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 16. 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. 17. Proximity to 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 18. None. � a