HomeMy WebLinkAbout21679 - RESOLUTIONS - 7/19/2006 RESOLUTION NO. 21679
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
CASE NUMBER 5.1106, CONDITIONAL USE PERMIT
APPLICATION, FOR THE REPLACEMENT OF A
STADIUM LIGHT POLE WITH A NEW NINETY FOOT
TALL STADIUM LIGHT POLE / WIRELESS
COMMUNICATION ANTENNA AND SEVEN FOOT
TALL FENCE TO ENCLOSE EQUIPMENT CABINETS
WITHIN A 346-SQUARE FEET LEASED AREA,
LOCATED AT 450 SOUTH SUNRISE WAY (PALM
SPRINGS STADIUM), 0 ZONE, SECTION 13, T4S,
RSE.
WHEREAS, Omnipoint Communications, Inc. (the "Applicant") has filed an application with
the City pursuant to Section 94.02.00 (B) of the Palm Springs Zoning Code, for the
installation of a Commercial Communications Antenna on a ninety foot (90') tall stadium
light pole and a fenced lease area for equipment within the Palm Springs Stadium, located
at 450 South Sunrise Way, 0 Zone, Section 13; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider the application for Conditional Use Permit 5.1106 was given in
accordance with applicable law; and
WHEREAS, on June 14, 2006, a public hearing on the application for project was held by
the Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not limited
to the staff report, and all written and oral testimony presented, and has recommended that
the City Council approve Case Number 5.1106; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case Number 5.1106, Conditional Use Permit, was given in accordance with
applicable law; and
WHEREAS, on July 19, 2006, a public hearing on the application for project 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 meeting on the project, including but not limited to the
staff report, and all written and oral testimony presented; and
WHEREAS, the proposed Conditional Use Permit is categorically exempt from the
provisions of the California Environmental Quality Act (CEQA) pursuant to Section 16303
(New Construction or Conversion of Small Structures).
i
Resolution No. 21679
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE 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 Section 94,02.00 (B) (6) of the Palm Springs Zoning Code, the
City Council makes the following findings:
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, because
pursuant to Section 94.02.00(A) (2) (f) Palm Springs Zoning Ordinance, a
commercial communications antenna is authorized in the 0 (Open Space) zone
pursuant to approval of a Type II Conditional Use Permit-
lb. 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, because General Plan Policy 8.2.6 states
`The shared use of major transmission corridors and other appropriate measure
shall be encouraged as a means of preserving the aesthetic resources of the City
and to lessen the visual impacts of such development. The City shall work with the
appropriate agencies in developing these corridors for recreation use" and this
antenna is located on a stadium light pole similar to three other light pole / antenna
installations.
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, because the site for the communications antennae, within
the Palm Springs Stadium is a large (34.58 acre site), open recreation facility with
substantial setbacks from surrounding residential development.
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, because the only trips generated by the said use will be occasional
maintenance traffic and adequate access, paving, and parking are provided on-site.
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, and include
conditions for removal of antenna upon use-change or abandonment of the subject '
property, compliance with all Federal Airport Administration requirements, and
landscaping to be submitted for final review by the Director of Planning & Zoning or
designee.
Resolution No. 21679
Page 3
Section 3: The City Council approves Case Number 6.1106, Conditional Use Permit.
ADOPTED this 19t�' day of July, 2006.
David H. Ready, City Man
ATTEST:
J Imes Thompson, City Cler
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. 21679 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 July 19, 2006, by the following
vote:
AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tem Foat
and Mayor Oden
NOES: Councilmember Mills
ABSENT: None
ABSTAIN: None
es Thompson, City Clerk
ity of Palm Springs, California
Resolution No. 21679
Page 4
EXHIBIT A '
CONDITIONAL USE PERMIT 5.1106
T-MOBILE
450 SOUTH SUNRISE WAY
JULY 19, 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.
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 5.1106 - 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 applicants 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, monopalm or equipment building are ever
proposed to be modified in any manner such as the inclusion of other antennae,
Resolution No. 21679
Page 5
satellite dishes and/or other support equipment, the proposed modifications shall be
submitted to the Director of Planning Services for review and approval prior to
installation.
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 communication antenna shall be ninety feet
(90'), as indicated on the conceptually approved plans, as measured from finished
grade to the highest point of the stadium light pole.
7. If the lease agreement between the City and the applicant expires and is not renewed,
the CUP will become null and void, and the applicant shall remove the antenna and
equipment to the satisfaction of the Director of Parks & Recreation.
8. If the antennae and/or stadium are ever abandoned or if this Conditional Use Permit
ever expires, the stadium and antennae shall be removed within 30 days.
9. Manufacturer's cut sheets of the proposed antennae shall be submitted to the Director
of Planning Services prior to the issuance of permits for installation of the commercial
communications antennae.
10.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 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 Services 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.
11.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 Services prior to the issuance of building permits.
12.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 Services,
13.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
Resolution No. 21679
Page 6
the City and it is considered feasible, subject to an agreement between the
applicantloperator, the other proposed wireless communications provider, and the '
property owner.
14.The applicant shall submit a final landscape plan that will screen the equipment area,
subject to approval by the Director of Planning and Zoning and/or designee. The
landscape screening shall be equivalent in height to the existing landscape. Final
landscape plans shall be approved by the Riverside County Agricultural
Commissioner's Office prior to submittal.
POLICE DEPARTMENT
15.Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING? DEPARTMENT
16.Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
17.Premises Identification: Approved numbers or addresses shall be provided for all new
and existing buildings in such a position as to be plainly visible and legible from the '
street or road fronting the property. (901.4.4 CFC) Numbers shall be a minimum 4
inches, and of contrasting color to the background.
18.Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for
every 75 feet of floor or grade travel distance for normal hazards. (1002.1 CFC)
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor
level. Preferred location is along the path of exit travel or near an exit door.
Extinguishers located outdoors must be installed in weather and vandal resistant
cabinets approved for this purpose.
19.Emergency Key Box: Knox key box(es) is required. Box(es) shall be mounted at 6 feet
above grade. Show location of box(es) on plan elevation views. Show requirement in
plan notes. Contact the Fire Department at 760-323-8186 for a Knox application form.
(902.4 CFC)
ENGINEERING DEPARTMENT
20.None.
1