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HomeMy WebLinkAbout21696 - RESOLUTIONS - 9/6/2006 RESOLUTION N0. 21696 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1069, CONDITIONAL USE PERMIT APPLICATION, FOR THE INSTALLATION OF A FORTY-FIVE FOOT TALL WIRELESS COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPALM AND EQUIPMENT SHELTER LOCATED AT 1555 EAST ALEJO ROAD, MBR / H43/30 ZONES, SECTION 14, T4S, R4E. WHEREAS, Alcoa Wireless Services ("Applicant") has filed an application with the City pursuant to Section 94,02.00 of the Zoning Ordinance for the installation of a wireless commercial communications antenna designed as a forty-five foot (45') tall monopalm and equipment shelter located at 1555 East Alejo Road, MBR / H43/30 Zones, Section 14; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit 5.1069 was given in accordance with applicable law; and WHEREAS, on August 9, 2006, a public hearing on the application for the 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 5.1069; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5,1069, Conditional Use Permit, was given in accordance with applicable law; and WHEREAS, on September 6, 2006, a public hearing on the application for the 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 15301(e) (Class 1 - Existing Facilities). Resolution No. 21696 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 15301(e) of the California Environmental Quality Act (CEQA) Guidelines. Section 2: Pursuant to Section 94.02.00 (13)(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. Pursuant to Section 94.02.00(A)(2)(f) Palm Springs Zoning Ordinance, a commercial communications antenna is authorized within the MBR / H43/30 (Medium and High Density Residential) zones pursuant to approval of a Type II Conditional Use Permit. 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 said use will enhance the City's Emergency Preparedness objectives of the , General Plan (Objective 6.18), and the proposed communications antenna is designed to resemble a live palm tree which will blend into the surrounding environment along with five live palms for screening purposes. 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 communications antenna is on a large 4.16 acre site with setbacks being exceeded and a landscaping buffer being installed. 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 only trips to be generated by the said use will be the occasional maintenance traffic; adequate access, paving, and parking spaces are provided on-site. 1 Resolution No. 21696 Page 3 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. The conditions of approval include, but are not limited to, the removal of the 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. Section 3: The City Council approves Case Number 5.1069, Conditional Use Permit. ADOPTED THIS 6th day of September, 2006. David H. Read T,­Cj*� , anager ATTEST: es Thompson, City Clerk 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. 21696 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 September 6, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember Mills. ABSENT: None. ABSTAIN: None. aF es Thompson, City Clerk Ity of Palm Springs, California Resolution No. 21696 Page 4 EXHIBIT A , CONDITIONAL USE PERMIT 5.1069 SPRINT NEXTEL 1555 EAST ALEJO ROAD SEPTEMBER 6, 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. la. 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 5.1069 - 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. Monopalm must mimic look and appearance of live Washington Robusta palms. , Resolution No. 21696 Page 5 4. 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, 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. 5. 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- 6- If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application. 7. The maximum height of the commercial communication antenna shall be forty-five feet (45'), as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the palm fronds. 8. If the antennae and/or Church are ever abandoned or if this Conditional Use Permit ever expires, the antennae, pole, and equipment shelter 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 (FAA). Proof of compliance shall be provided to the Director of Aviation to the Director of Planning Services prior to the issuance of building permits. The applicant needs to file a 7460 for with the FAA for an obstruction of airspace review to determine any frequency interference with the Air Traffic Control Tower. 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. Resolution No. 21696 Page 6 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 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. 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. Final landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 15. The proposed Oleander plant shall be changed to a material negotiated with the City Planning staff. POLICE DEPARTMENT 16. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 17. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT , 18. 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. 19. 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. 20. Emergency Key Box: Knox key box(es) are 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) Resolution No. 21696 Page 7 ENGINEERING DEPARTMENT STREETS 21_ Existing street plans for Calle Rolph are approved and on file (see Files 14-4-4-298 approved 4/6/04). These plans shall be revised to reflect current "as-built" or record conditions adjacent to and on-site, as well as to include construction of current City standards, and submitted to the Engineering Division for review and approval. Otherwise, new street improvement plans prepared by a Registered Civil Engineer shall be submitted to the Engineering Division for review and approval. The new and revised street improvement plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 21. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. CALLS ROLPH 22. Unless satisfied by others, dedicate additional right-of-way needed to provide for the ultimate off-set cul-de-sac at the end of Calle Rolph along a portion of the frontage of property. Dedication shall be coordinated with rights-of-way being acquired by adjacent developments, this coordination to be done by applicant. 23. Unless satisfied by others, construct a 6 inch curb and gutter, 43 feet east of centerline along a portion of the frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 24. Unless satisfied by others, construct pavement with a minimum pavement section of 2 '/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed curb and gutter to clean sawcut edge of pavement along a portion of the frontage in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 25. Unless satisfied by others, construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 26. Unless satisfied by others, construct a 12 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. An on-site vehicular turnaround (hammerhead or similar configuration) shall be constructed. 27. All broken or off grade street improvements shall be repaired or replaced. Resolution No. 21696 Page 8 GRADING ' 28. Submit out and fill quantities to City Engineer to determine if a Grading Plan is required. If required, the Grading Plan shall be submitted to the Engineering Division for review and approval by the City Engineer prior to issuance of grading permit. If the earthwork quantity is less than 50 cubic yards, a formal grading plan is not required. To qualify for the exemption, a signed original written statement of design earthwork quantities from the owner (or design professional, prepared on company letterhead) shall be provided to the Engineering Division. Exemption of a formal Grading Plan reviewed and approved by the City Engineer does not exempt the applicant from a site grading plan that may be required from the Building Department, or any other requirement that may be necessary to satisfy the Uniform Building Code. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.60 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District ' (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report. 29. The area in which this project is situated is indicative of desert soil conditions found in many areas of Palm Springs. The Engineering Division does not require a soils report. This does not mean that subterranean conditions unknown at this time may not affect construction done on this site. A soils report shall be required only if necessary as part of the Building Department's review and approval of associated building plans. 1 Resolution No. 21696 Page 9 a 30. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required), The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 31. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). ON-SITE 32. The minimum pavement section for all on-site pavement shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. GENERAL 33. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. Resolution No. 21696 Page 10 34. All proposed utility lines shall be installed underground. ' TRAFFIC 35. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction.