HomeMy WebLinkAbout22832 RESOLUTION NO. 22832
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING T-MOBILE
WEST CORPORATION'S APPEAL AND UPHOLDING THE
DECISION OF THE PLANNING COMMISSION TO DENY A
CONDITIONAL USE PERMIT AND VARIANCE
APPLICATION FOR THE CONSTRUCTION AND
OPERATION OF A FORTY-SEVEN AND ONE-HALF FOOT
HIGH WIRELESS COMMUNICATION MONOPOLE
LOCATED AT 2100 EAST RACQUET CLUB ROAD, CASE
NO. 5.1246 CUP AND 6.523 VAR.
WHEREAS, the T-Mobile West Corporation ("Applicant") filed an application with
the City pursuant to Section 94,02.00 and 94.06.00 of the Zoning Code for a forty-
seven and one-half foot high wireless communication monopole for the property located
at 2100 East Racquet Club Road (APN: 501-272-025), Zone PD-160, Section 1; and
WHEREAS, on September 8, 2010, a noticed public hearing was conducted by
the Planning Commission in accordance with applicable law; and
WHEREAS at said public hearing, the Planning Commission carefully reviewed
and considered all the evidence presented in connection with the hearing on the
project, including but not limited to the staff report, all written and oral testimony
presented, and voted 6-0 to deny the subject project; and
WHEREAS, on September 30, 2010, T-Mobile West Corporation ("Appellant")
filed an appeal with the City Clerk, pursuant to Chapter 2.05 of the Municipal Code, of
the Planning Commission's decision to deny the proposed monopole at 2100 East
Racquet Club Road; and
WHEREAS, on December 1, 2010, a public hearing on the appeal 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 appeal hearing on the project, including, but
not limited to the staff report and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to Sections 94.02.00 and 94.02.00 of the Palm Springs
Zoning Code, the Planning Commission is required to make certain findings when
approving a Conditional Use Permit and Variance application. The Planning
Commission was unable to make these findings for the following reasons:
Resolution No. 22832
Page 2
1. The commercial communication monopole is located on a parcel that is
entirely surrounded by residential, and the buffer between the monopole
and residential should be greater.
2. The height of the structure is too tall and does not fit within the
neighborhood and its surroundings.
SECTION 2. Pursuant to Municipal Code Section 2.05.030, the appellant
submitted a written notice of appeal but did not state any grounds for the appeal.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby denies the appeal and upholds the Planning Commission's decision to
deny a conditional use permit and variance application for a forty-seven and one-half
foot high wireless communication monopole located at 2100 East Racquet Club Road.
ADOPTED THIS 1ST DAY OF DECEMBER, 2010.
ATTEST: David H. Ready, anager
ames 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. 22832 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 18t day of December,
2010.
AYES: Councilmember Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat and Councilmember Mills.
ABSTAIN: None.
mes City of Palm Springs,'California