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HomeMy WebLinkAbout21753 - RESOLUTIONS - 11/1/20061 RESOLUTION NO. 21753 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 5.1109 TO INSTALL A FORTY-FIVE FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGINED AS A MONOPALM AND MECHANICAL EQUIPMENT WITHIN THE EXISTING BUILDING LOCATED AT 3500 EAST TACHEVAH DRIVE, ZONED M-1-P, SECTION 7. WHEREAS, Sprint/Nextel (Applicant') has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for a forty-five foot high monopalm wireless communications facility located at 3500 East Tachevah Drive, Zone M-1-P, Section 7; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1109 - CUP was given in accordance with applicable law; and WHEREAS, on September 27, 2006, a public hearing for the project was held by the Planning Commission in accordance with applicable law; and eWHEREAS, 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 5.1109; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1109, Conditional Use Permit, was given in accordance with applicable law; and WHEREAS, on November 1, 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 project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class 32 exemption (Infill Development) pursuant to Section 15332 of the CEQA Guidelines; and THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 21753 Page 2 SECTION 1. Pursuant to the requirements of the Section 16332 of the CEQA I Guidelines, the City Council finds: a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project has been determined to be consistent with policy 3.31.7 of the General Plan and Section 94.02.00 of the Zoning Code. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project site is approximately 1.93 acres and is completely surrounded by developed uses. c) The project site has no value as habitat for endangered, rare or threatened species. The project site has an existing industrial building and has no value and habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects related to I traffic, noise, air quality, or water quality. The project will produce traffic only for period maintenance at a minimal level. The mechanical equipment is located within the existing building and the noise of its operation will be well shielded. There is no anticipated impact on air or water quality as the project will have almost no emissions. e) The site can be adequately served by all required utilities and public services. The site is currently served by all required utilities and public services. SECTION 2. Pursuant to the requirements of Section 94.02.00(B)(6), the City Council finds: a) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. 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 11 Conditional Use Permit. I Resolution No. 21753 Page 3 1 b) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and 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 development of adequate cellular phone levels of services serves the ultimate benefit of the community. The said use will enhance the City's Emergency Preparedness objectives of the General Plan (Objective 6.18). The location of the towers in industrial areas serves to lessen the aesthetic impact of the tower. The proposal is located approximately 1,000 feet away from the nearest residential development and is unlikely to be detrimental to existing or future uses permitted in the zone. c) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. With the Administrative Minor Modification approval, the proposal is consistent with the setback requirements in the M-1-P zone and the location of the mechanical equipment within the existing building requires no additional site space or screening other than the tree plantings around the mono -palm. The landscape plan must be reviewed and approved by the Architectural Advisory Committee to ensure adequate landscaping is provided. d) That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposal is located adjacent to a parking lot. The only traffic generated from the said use to and from the site will be for servicing, and the existing infrastructure is anticipated to accommodate the traffic necessary for the maintenance of the facility. e) That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include: 1. Regulation of use 2. Special yards, space and buffers 3. Fences and walls 0 4. Surfacing of parking areas subject to city specifications 5. Requiring street, service road, or alley dedications and improvements or appropriate bonds Resolution No. 21753 Page 4 6. Regulation of points of vehicular ingress and egress ' i. Regulation of signs S. Requiring landscaping and maintenance thereof 9. Requiring maintenance of grounds 10. Regulation of noise, vibrations, odors, etc. 11. Regulation of time for certain activities 12.Time period within which the proposed use shall be developed 13. Duration of use 14. Dedication of property for public use 15.Any such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment. The project is unlikely to have a significant impact on the proposed project site or its surroundings. 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case No. 5.1109 — CUP, subject to those conditions set forth in Exhibit A. ADOPTED THIS 1st day of November, 2006. David H. Ready, City Ma r ATTEST: /,tames Thompson, City Clerk Resolution No. 21753 Page 5 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. 21753 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 the 15t day of November, 2006, by the following vote: AYES: Councilmember Pougnet, Mayor pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: Councilmember McCulloch, and Councilmember Mills. ABSTAIN: None. � dmes Thompson, City Clerk ,///City of Palm Springs, California 1 Resolution No. 21753 Page 6 EXHIBIT A ' CONDITIONAL USE PERMIT 5.1109 ALCOA WIRELESS SERVICES (SPRINT NEXTEL) 3500 EAST TACHEVAH DRIVE NOVEMBER 1, 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. PROJECT SPECIFIC CONDITIONS Prior to the issuance of building permit, the landscape plan shall be reviewed and recommended approval by the Architectural Advisory Committee (AAC). After a recommendation by the AAC of approval to staff and prior to issuance of building permit, final landscaping and irrigation plans shall be submitted for approval by the Department of I Planning Services. Final landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 2. Prior to the issuance of building permit, the applicant shall apply for an Administrative Minor Modification with the Planning Department. 3. 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. 4. 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 5,1109 - 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 Resolution No. 21753 Page 7 1 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. 5. 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- G. 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. 7. 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. 8. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application. 9. 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 monopole. 10. 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. 11. If the antenna is ever abandoned or if this Conditional Use Permit ever expires, the antenna shall be removed within 30 days. 12. 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. 13. 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 114% 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. 14. The applicant shall comply with the requirements of the Federal Aviation Administration. Resolution No. 21753 Page 8 15. 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. 16. The applicantloperator 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 17. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 18. Prior to any construction on-sile, all appropriate permits must be secured. FIRE DEPARTMENT 19. 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 properly. (901.4.4 CFC) Numbers shall be a minimum 4 inches, and of contrasting color to the background. 20. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet or 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. 21. 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 22. None.