HomeMy WebLinkAbout21498 - RESOLUTIONS - 2/1/2006 RESOLUTION NO.21498
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, UPHOLDING THE DECISION
OF THE PLANNING COMMISSION AND DENYING CASE NO.
5.0979 FOR A CONDITIONAL USE PERMIT TO ALLOW A
COMMERCIAL COMMUNRCATION ANTENNA AND
EQUIPMENT SHELTER AT 1800 SOUTH SUNRISE WAY,
ZONE R-G-A-6, SECTION 25.
WHEREAS, on September 29, 2003, Sprint PCS submitted an application for a Conditional Use
Permit to install, a) one commercial communications antenna on a 65-foot monopalm pole and, b)
one equipment cabinet shelter at location measuring 7' by 11'5" by 16' within a 14' by 25' lease
area, both located at 1800 South Sunrise Way; and
WHEREAS, the Palm Springs General Plan designates the subject site as the Smoke Tree Area,
which allows for low density residential use, including a maximum height of 30 feet for structures;
and
WHEREAS, the City of Palm Springs Zoning Map designates this area as R-G-A (Garden
Apartment and Cluster Residential Zone) where the maximum allowed building height is 24 feet;
and
WHEREAS, according to Section 94.02.00.A.2.f of the Palm Springs Zoning Code commercial
communications antennae may be established in the R-G-A zone following approval of a
Conditional Use Permit by both the Planning Commission and City Council; and
WHEREAS, on September 28, 2005, a public hearing was held where the Planning Commission
addressed the Sprint PCS application for a Conditional Use Permit for a commercial
communication antenna in the R-G-A Zone; and
WHEREAS, the Planning Commission, following review and consideration 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, voted to deny the request, including adoption of a
resolution on December 14, 2005; and
WHEREAS, on December 22, 2005, the applicant filed an appeal of the Planning Commission
decision with the City Clerk; and
WHEREAS, on February 1, 2006, following notification in the prescribed manner, a public hearing
was held where the City Council addressed the appeal and the application for a Conditional Use
Permit; and
WHEREAS, the City Council hereby adopts as its own findings of fact the facts contained in the
staff report prepared for this project (dated February 1, 2006), including the Planning Commission
staff report of September 28, 2005.
e THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS
FOLLOWS:
Resolution No. 21498
Page 2
SECTION 1. Pursuant to CEQA guidelines Section 15063, a draft Negative Declaration of
environmental impact was prepared for the application, including the Conditional Use
Permit. The Environmental Assessment was distributed to local agencies and interested
parties.
SECTION 2. Pursuant to Zoning Ordinance Section 94.02.00 the City Council finds the
following:
1. That the use 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, because:
a. The height of the structure — proposed at 65 feet — exceeds the maximum
allowed height of the R-G-A zone — 24 feet — as well as the additional height
allowed by the standards for height and placement of communication antennas —
49 feet (24 feet of the R-G-A zone plus 25 feet, per Section 93.08.03.A.2.C.iii),
b. The project would introduce a single high-rise structure out of character with the
low-rise development pattern of the residential and commercial uses in the
vicinity.
2. That the site for the intended use is not adequate in size and shape to
accommodate such use, because the site is proposed at 600 square feet and does
not provide adequate separation between adjacent residential development and a
65-foot structure to avoid creating an urban, intensely developed neighborhood
character. '
3. That conditions cannot be imposed on the project sufficient to protect the public
health, safety and general welfare as regards visual impact and compatibility with
the surrounding development character.
SECTION 3. Based on the foregoing findings, the City Council hereby upholds the
decision of the Planning Commission, rejects the appeal, and denies the application by
Sprint PCS for Conditional Use Permit No. 5.0979 to allow a commercial communication
antenna at 1800 South Sunrise Way.
ADOPTED this 1st day of February, 2006.
00,
David H. Ready, Cify—Mb
p<er
ATTEST:
mes Thompson, City Clerk
Resolution No. 21498
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21498 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on February 1, 2006, by the
following vote:
AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet,
Mayor Pro Tem Foat and Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None
?mes
Thompson, City Jerk
of Palm Springs, California