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HomeMy WebLinkAbout20937 - RESOLUTIONS - 5/19/2004 ' RESOLUTION NO. 20937 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 5.0989, SUBJECT TO THE CONDITIONS STATED, FOR NEXTEL WIRELESS TO INSTALL A COMMERCIAL COMMUNICATIONS ANTENNA FORTY-FIVE FEET (45') TALL AS A MONOPALM AND 10'6" TALL EQUIPMENT BUILDING WITH DIMENSIONS OF 11'6" X 20' WITHIN AN 645 SQUARE FOOT LEASE AREA, LOCATED AT 4711 EAST PALM CANYON DRIVE, ZONE C-D-N, SECTION 30. WHEREAS, Nextel 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 forty-five foot (45') tall monopalm and a equipment shelter within an 645 square foot lease area located at 4711 East Palm Canyon Drive, Zone C-D-N, Section 30; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the application for CUP No.5.0989 was given in accordance with applicable law; and ' WHEREAS, on May 19, 2004, a public hearing on the application for Conditional Use Permit 5.0989 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 PLANNING COMMISSION 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 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. ' Pursuant to the Zoning ,Ordinance, a commercial communications antenna is authorized in the C-D-N (Designed Neighborhood Shopping Center) zone pursuant to approval of a Type II Conditional Use Permit. 1 Y� Resolution 20937 Page 2 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 communications antennae, on an 645 square foot lease area located at 4711 East 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. l yCLW Resolution 26937 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby recommends approval of Conditional Use Permit 5.0989, 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 19th day of May 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: fl1Y Resolution 20937 Page 4 EXHIBIT A ' CONDITIONAL USE PERMIT NO. 5.0989 NEXTEL WIRELESS 4711 EAST PALM CANYON DRIVE MAY 19, 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. 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. 1a. 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 5.0989 - 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 Planning Commission upon demonstration of good cause. 3. If the communications antennae, monopole, monoplam 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. Resolution 20937 Page 5 ' 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 monopalm shall be 45 feet, as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the monoplam. 7. If the antennae and/or monopalm are ever abandoned or if this Conditional Use Permit ever expires, the monopalm 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 112% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units ' exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 10. The applicant shall comply with the requirements of the Federal Aviation Administration. Proof of compliance shall be provided to the Director of Aviation to the Director of Planning and Zoning prior to the issuance of building permits. 11. The City may require one obstruction light on the tallest point of the structure extending 12" -24" above the highest point of the tower as deemed necessary by the Director of Aviation and the Director of Planning and Zoning. 12. The applicant/operator of the facility shall agree to allow the co-location of equipment of other wireless communications providers at this site when applications are received by the City and it is considered feasible, subject to an agreement between the applicant/operator, the other proposed wireless communications provider, and the property owner. POLICE DEPARTMENT 13. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. ' BUILDING DEPARTMENT 14. Prior to any construction on-site, all appropriate permits must be secured. JVA7 Resolution 20937 Page 6 FIRE DEPARTMENT ' 15. Minimum Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75' of floor or grade travel distance for normal hazards. 16. Proximity to Existing Buildings: If the equipment shelter is within 15 feet of an existing building then the built-in fire protection (i.e. fire sprinklers) for that existing building is extended to the proposed shelter. ENGINEERING DEPARTMENT 17. None. i lyi9$ Resolution 20937 Page 7 Vicinity Map w m z m z c 3 cn w o Of A m K 0 0 0 UQ WAVERLY DR m E. Palm Canyon Dr. Rim Rock MATTHEW DR Shopping Center v r S r Proposed c Cell Site a ~ �<IFowNw N CITY OF PALM SPRINGS CASE NO.: 5.0989 - CUP DESCRIPTION: Application by Nextel wireless to build a 45' commercial communication tower APPLICANT: Nextel Wireless (monopalm). Located at 4711 E. palm Canyon Dr. Zone C-D-N. Section 30.