HomeMy WebLinkAbout21098 - RESOLUTIONS - 9/15/2004 RESOLUTION NO, 21098
OF THE CITY COUNCIL OF THE CITY OF PALM '
SPRINGS, CALIFORNIA UPHOLDING THE PLANNING
COMMISSION DENIAL OF CONDITIONAL USE PERMIT
NO, 5.1017 FOR AN AMBULANCE OPERATION,
DEPLOYMENT AND DISPATCH CENTER LOCATED AT
810 NORTH FARRELL DRIVE, ZONE M-1-P, SECTION
12.
WHEREAS, American Medical Response ("Applicant') filed an application with the City
pursuant to Section 94.02.00 of the Zoning Ordinance, for an ambulance operation,
deployment and dispatch center, located at 810 North Farrell Drive, Zone M-1-P, Section
12; and
WHEREAS, on July 28, 2004, a public hearing on the application for Conditional Use
Permit No. 5.1017 was held by the Planning Commission in accordance with applicable
law, and after careful review and consideration of all of the evidence presented in
connection with the hearing on the project, the Planning Commission voted to deny
Conditional Use Permit No. 5.1017 due to noise impacts and the detrimental impact on
existing residential uses; and
WHEREAS, on August 4, 2004 an appeal was filed by the applicant in accordance with
the provisions of the Municipal Code; and
WHEREAS, on September 15, 2004, a noticed public hearing on the appeal of the
Planning Commission denial of Conditional Use Permit No. 5.1017 was held by the City
Council in accordance with applicable law; 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, all
written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds
that:
a. The use applied for is not necessary or desirable for the development of the
community, is not in harmony with the various elements or objectives of the
general plan, and is detrimental to existing uses or to future uses specifically
permitted in the zone in which the proposed use is to be located.
The use of ambulance sirens for Code "3" emergencies or other emergencies
mandated by public safety agencies on an unscheduled and unanticipated basis,
ambulance drivers testing radios and sirens during evening and early morning
hours will create undesirable and detrimental noise impacts on the existing '
residential uses that are in proximity to the project site.
Resolution 21098
Page 2
Importantly, the vicinity of the project site is already seriously impacted by the busy
' traffic and noise generated from Farrell Drive, the nearby airport, and the
Department of Motor Vehicles located just north of the project site; and when such
impacts are aggregated with the impacts of the proposed ambulance use, the
cumulative effect of all such impacts is considered overwhelming and not desirable
for the existing residents or the development of the community.
The proposed use is also not in harmony with the General Plan which calls for 1)
sensitive interfaces when mixing residential and compatible non-residential uses, 2)
the development of corporate centers and business parks, research and
development parks, support service industries for commercial and hotel uses and
industrial uses which include fabrication, manufacturing, assembly or processing of
materials that are in already processed form and which do not in their maintenance,
assembly, manufacture or plant operation create smoke, gas, odor, dust, sound,
vibration, soot, glare or lighting to any degree which might be obnoxious or
offensive, and 3) development which is complementary to the City's environment
and is set in harmony with that of surrounding developments.
b. The site for the proposed use related to streets and highways is not properly
designed and improved to carry the type and quantity of traffic to be generated
by the proposed use.
Due to the traffic flow on Farrell Drive and its particular configuration, and the stop
signs located at the intersections that provide egress to Farrell Drive from the
' project site, delays may occur for ambulances entering Farrell Drive.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby upholds the Planning Commission denial of Conditional Use Permit No.
5.1017.
ADOPTED this 151" day of September, 2004.
AYES: Members Foat, Pougnet and Mayor Oden
NOES: Member McCulloch
ABSENT: Member Mills
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Qrt 1 y
y lerk City Manager �}—
' Reviewed and Approved as to Form: