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HomeMy WebLinkAbout21712 - RESOLUTIONS - 9/20/2006 RESOLUTION NO. 21712 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5A107, CONDITIONAL USE PERMIT APPLICATION, FOR OMNIPOINT COMMUNICATIONS, INC. TO INSTALL A COMMERCIAL COMMUNICATIONS ANTENNA SIXTY FEET (60') TALL AS A MONOPOLE AND EIGHT FOOT TALL FENCE TO ENCLOSE A 577.5 SQUARE FOOT LEASE/EQUIPMENT AREA LOCATED AT 1955 EXECUTIVE DRIVE, M-1-P ZONE, SECTION 6, T4S, R5E. WHEREAS, Omnipoint Communications Inc. ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for the installation of a commercial communications antenna on a sixty foot (60') tall monopole and a fenced lease area for equipment located at 1955 Executive Drive, M-1-P Zone, Section 6; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit 5.1107 was given in accordance with applicable law; and WHEREAS, on August 23, 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 5.1107; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1107, Conditional Use Permit, was given in accordance with applicable law; and WHEREAS, on September 20, 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 16303 (small new equipment). Resolution No. 21712 Page 2 NOW THEREFORE, 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 (small new equipment) 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) of the Palm Springs Zoning Ordinance, a commercial communications antenna is authorized within the M-1-P zone with the 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, 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 antenna will be located on a lot with major utility power lines, which is a similar industrial environment for the location of a wireless communication antenna monopole. 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 2.37 acre site with setbacks being exceeded and an adequate existing landscape buffer. 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 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_ Resolution No. 21712 Page 3 Conditions to ensure the protection of public health, safety and general welfare are required to be fulfilled by the applicant for approval and include, but are not limited to, removal of antenna upon use-change or abandonment of the subject property and compliance with all Federal Airport Administration requirements. Section 3: The City Council approves Case Number 5.1107, Conditional Use Permit, subject to those conditions set forth in Exhibit A. ADOPTED THIS 20th day of September, 2006. David H. Ready, G t� Eger ATTEST: es Thompson, City Clerk 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) V, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21712 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 20, 2006, by the following vote: AYES: Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember McCulloch. ABSENT: None. ABSTAIN: None. a es Thompson, City Clerk pity of Palm Springs, California Resolution No 21712 Page 4 EXHIBIT A , CONDITIONAL USE PERMIT 5.1107 OMNIPOINT COMMUNICATIONS (T-MOBILE) 1955 EXECUTIVE DRIVE SEPTEMBER 20, 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 applicant shall replace the existing ten foot high fence with an eight foot high masonry block wall in the two sections of fence along the North (approximately thirty- three feet) and the East (approximately seventeen feet six inches) of the applicant's leased area with the extension of the plant material along the new wall. ' 2. 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. 2a.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 5.1107 - 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. Resolution No. 21712 Page 5 3. 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. 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 sixty feet (60'), as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the monopole. II. If the lease agreement between the property owner 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 Planning Services. 9. If the antenna is ever abandoned or if this Conditional Use Permit ever expires, the antenna shall be removed within 30 days. '10.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. 11.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. 12.The applicant shall comply with the requirements of the Federal Aviation Administration. Resolution No. 21712 Page 6 13.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 Federal Aviation Administration, Director of Aviation, and the Director of Planning Services. 14.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. 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) 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) ENGINEERING DEPARTMENT 20.None.