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HomeMy WebLinkAbout21509 - RESOLUTIONS - 2/15/2006 RESOLUTION NO. 21509 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING CASE NO. 5.1060 CUP, AN APPLICATION BY NEXTEL COMMUNICATIONS, FOR THE CONSTRUCTION, OPERATION, AND MAINTENANCE OF A WIRELESS TELECOMMUNICATIONS FACILITY TO INCLUDE A 50 FOOT TALL STEEL MONOPOLE AND 20 X 11.6 X 10 EQUIPMENT SHELTER SURROUNDED BY A 6 FOOT TALL WROUGHT IRON FENCE, LOCATED AT 788 SOUTH VELLA ROAD, ZONE M-1, SECTION 19. WHEREAS, Nextel Communications (the "Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for the construction, operation and maintenance of a Nextel Communications commercial communication facility to include a 50 foot tall cellular tower and 20' x 11.6' x 10' equipment shelter surrounded by a 6' tall wrought iron fence, located at 788 South Vella Road, Zone M1, APN: 680-160-025; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the application for Case No. 5.1060 CUP was given in accordance with applicable law; and WHEREAS, on October 26, 2005, a public hearing to consider the application for Case No. 5.1060 CUP was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the application for Case No. 5.1060 CUP was given in accordance with applicable law; and WHEREAS, on February 15, 2006, a public hearing to consider the application for Case No. 5.1060 CUP was held by the City Council in accordance with applicable law; and WHEREAS, a Negative Declaration of environmental impacts was drafted for this project pursuant to requirements of the California Environmental Quality Act(CEQA) Guidelines and routed for the required 20-day public review period, which ended October 9, 2005. It was determined that the project would not have significant environmental impacts, therefore, no mitigation measures were required; 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 OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to Section 15063 of the California Environmental Quality Act(CEQA) Guidelines, an Initial Studywas prepared and a Notice of Intentto adopt Negative Declaration Resolution No. 21509 Page 2 was sent to applicable agencies and published on September 16, 2005 in the Desert Sun for a 20-day review period ending October 9, 2005. The Negative Declaration found the environmental impacts of the proposed project to be less than significant. Section 2: Pursuant to Section 94.02.00 of the Palm Springs Zoning Ordinance: 1. The use applied for at the location set forth in the application is one for which a conditional use permit is authorized by the City Zoning Ordinance. Pursuant to Section 94.02.00 of the Zoning Ordinance, a communications antenna is authorized in the M-1 Zone pursuant to approval of a Type II Conditional Use Permit. 2. The use applied foris necessary or desirable forthe 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 surrounding area because all associated equipmentwill be enclosed within a block wall equipment shelter. In order for the proposed monopole to better blend into the surrounding area it will be designed to resemble a palm tree. 3. 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, an 800 square foot lease area at the rear corner of an industrial/warehouse development located at 788 South Vella Road, 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. Location of and development of the lease area will not affect the functioning of the industrial/warehouse use. 4. The site forthe 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. 5. 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 anyminor modifications of the zone's property development standards. Resolution No. 21509 Page 3 All proposed conditions of approval are necessary to ensure public health and safety. SECTION 3: The City Council of the City of Palm Springs hereby approves Conditional Use (Case No. 5.1060) for the construction, operation, and maintenance of a wireless telecommunications facility to include a 50 foot tall steel monopole and 20' x 11.6' x 10' equipment shelter surrounded by a 6' tall wrought iron fence, located at 788 South Vella Road, subject to the Conditions attached as Exhibit A. ADOPTED this 151h day of February, 2006. David H. Ready, City ftage� ATTEST: ,r"ames Thompson, City Cle k >� 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. 21509 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 15, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Pougnet and Mayor Pro Tern Foat NOES: Councilmember Mills ABSENT: Mayor Oden ABSTAIN: None flies Thompson, City CI rk ity of Palm Springs, California 1 Resolution No. 21509 Page 4 EXHIBIT A Case No. 5.1060 CUP ' Nextel Communications 788 South Vella Road February 15, 2006 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. PLANNING Administrative 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. 2. 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 5.1060. 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 matterfollowing an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s)and successors and assignees in interest shall maintain and ' repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private Resolution No. 21509 Page 5 property, in a first class condition,free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement forthe property if required by the City. 4. If marking and/or lighting are accomplished on a voluntary basis, it shall be installed and maintained in accordance with FAA Advisory Circular 70/7460-1 70/7460-1 K. Cultural Resources 5. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary,the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning, Building Department, Department of Public Works, and Department of Parks and Recreation, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office priorto submittal. All landscaping located within the ' public right of way or within community facilities districts must be approved by the Public Works Director. Resolution No. 21509 Page 6 7. The block wall surrounding the lease area shall be of a color matching any existing ' block wall adjacent to the lease area or of a natural sand colorto the satisfaction of the Department of Planning Services. 8. The monopalm and palm fronds shall be a maximum of 50 feet in height. 9. The antennas shall be painted to match the faux fronds on the monopalm. The balance of the pole shall be painted to resemble the trunk of a palm tree. 10. To avoid an "open area" between the existing block walls on the north and east sides of the proposed equipment shelter, the applicant shall install wrought iron fencing that extends from the equipment shelter to the existing block walls. General Conditions/Code Requirements 11. This Conditional Use Permit approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Once constructed,the conditional use permit, provided all conditions of approval have been complied with, does not have a time limit and runs with the land. 12. Priorto issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 13. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 14. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. BUILDING 15. The distance between the new equipment shelter and the existing storage building shall be shown on the final plans. 16. The distance between the existing storage building and the proposed equipment shelter shall comply with Sections 504.1 and 505 of the Uniform Building Code (UBC). FIRE 17. Provide one 2-A:10-B:C portable fire extinguisher for every 75' of floor or grade travel distance for normal hazards. 18. Building shall be clearly identified on the exterior. (904.1 CFC) ' Resolution No. 21509 Page 7 19, A KNOX key box is required in accordance with the 8 California Fire Code (CFC), Article 9, Section 902.4. A field inspector shall determine the location for this box. The applicant shall contact the Fire Department for a KNOX application as soon as possible. 20. A minimum of 20 feet of access width is required between the proposed equipment shelter and the existing storage buildings to allow access by the Fire Department.