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HomeMy WebLinkAbout6/20/2001 - STAFF REPORTS (30) RESOLUTION NO. 20085 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, CONDITIONAL USE PERMIT NO. 5.0865, TO NEXTEL COMMUNICATIONS, INC. FOR THE INSTALLATION OF A COMMERCIAL COMMUNICATIONS ANTENNA ON A 60-FOOT TALL MONOPOLE DESIGNED TO LOOK LIKE PALM TREE AND A 200 SQUARE FOOT EQUIPMENT BUILDING WITHIN A 1150 SQUARE FOOT LEASED AREA INSIDE THE EXISTING MAINTENANCE AREA LOCATED NEAR THE POND ON THE 18T" HOLE OF THE CANYON COUNTRY CLUB GOLF COURSE, 1100 MURRAY CANYON ROAD, RGA-8 ZONE, SECTION 35, AND MAKING FINDINGS IN SUPPORT THEREOF. ------------- WHEREAS, Nextel 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 60-foot tall monopole designed to look like a palm tree and a 200 square foot equipment building within a 1150 square foot leased area inside the existing maintenance area located near the pond on the 18'h hole of the Canyon Country Club Golf Course, 1100 Murray Canyon, RGA-8 zone, Section 35; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Conditional Use Permit No.5.0865 was given in accordancewith applicable law; and WHEREAS, on May 9, 2001, a public hearing on the application for Conditional Use Permit No. 5.0865 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Conditional Use Permit No.5.0865 was given in accordance with applicable law; and WHEREAS, on June 6, 2001, a public hearing on the application for Conditional Use Permit No. 5.0865 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit(Case No. 5.0865) is categorically exempt from the provisions of the California Environmental Quality Act(CEQA)pursuant to Section 15303(New Construction or Conversion of Small Structures); 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. Case 5.0865 Resolution of Denial June 20, 2001 Page 2 of 3 WHEREAS, on June 20, 2001, the Resolution of Denial was considered by the City Council in accordance with applicable law. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: 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 Zoning Ordinance Section 94,02.00, the City Council finds that: 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. However, the proposed site plan and architecture is not adequate as described below. The purpose of Section 94.02.022 of the Zoning Ordinance, Conditional Use Permit, is to evaluate land use proposals with respect to community and neighborhood issues, including special locational requirements, the effect the proposed land use will have on property values, health,safety and welfare in the neighborhood in which the proposed use is located. In this instance, based on a review of the application, plans and public hearing testimony, the City Council finds that the proposed commercial communications antenna mounted on a 60-foot tall monopole designed to look like a palm tree and the associated 200 square foot equipment building within a 1150 square foot leased area inside the existing maintenance area located near the pond on the 18"hole of the Canyon Country Club Golf Course is not a compatible land use on this specific site as the proximity of the location to residential uses is not appropriate for said proposed use. In addition to a Conditional Use Permit, the property is subject to Section 94.04.00 of the Zoning Ordinance, Architectural Review. This section requires that each commercial project be subject to Architectural Approval review and that the purpose of this section is to ensure site plan and architectural compatibility as new development projects are proposed. Conformance with this section is based upon consideration of site layout, orientations, location of structures, harmonious relationships with existing and adjoining developments. The City Council finds that the proposed commercial communications antenna mounted on a 60-foot tall monopole designed to look like a palm tree and the associated 200 square foot equipment building within a 1150 square foot leased area inside the existing maintenance area located near the pond on the 181h hole of the Canyon Country Club Golf Course would have a negative visual impact on the beauty of the existing golf course as well as a negative visual impact on the adjoining residential uses. The City Council finds that the proposed additional live landscaping designed to create a more natural appearance is insufficient to mitigate the negative visual impacts of the proposed monopalm as well as the proposed 200 square foot equipment building. a.YA z Case 5.0865 Resolution of Denial June 20, 2001 Page 3 of 3 NOW, THEREFORE, BE IT RESOLVED that the City Council does not consider the proposed commercial communications antenna mounted on a 60-foot tall monopole designed to look like a palm tree and the associated 200 square foot equipment building within a 1150 square foot leased area inside the existing maintenance area located near the pond on the 181h hole of the Canyon Country Club Golf Course appropriate for the subject property due to negative visual impact to the beauty of the existing golf course and adjoining residential uses, inappropriate location and insufficient measures to mitigate visual impact of the proposed monopalm and associated 200 square foot equipment building and hereby denies Case 5.0865. ADOPTED this 201h day of June , 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS By City Clerk City Manager REVIEWED AND APPROVED AS TO FORM: a y�3