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Home My WebLink About22184 - RESOLUTIONS - 3/5/2008 RESOLUTION NO. 22184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERRULING THE RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION'S FINDING OF INCONSISTENCY FOR THE DESERT SON-SHINE KINDERGARTEN AND PRE- SCHOOL LOCATED AT THE NORTHWEST CORNER OF CERRITOS ROAD AND SAHARA ROAD, ZONE P, SECTION 1. WHEREAS, the Riverside County Airport Land Use Commission ("ALUC") has been designated as the Airport Land Use Commission for all public airports in the County of Riverside; and WHEREAS, on February 10, 2005, ALUC adopted the Riverside County Airport Land Use Compatibility Plan for the Palm Springs International Airport ("ALUCP"); and WHEREAS, the City of Palm Springs is the owner and operator of Palm Springs International Airport; and WHEREAS, David Jacobs (Applicant) filed an application with the City pursuant to Section 94.04.00 of the Zoning Code for Architectural Review to allow construction of a 1-story, 9,863 square foot child care center; and WHEREAS, a Mitigated Negative Declaration (MND) was prepared and adopted for this project pursuant to requirements of the California Environmental Quality Act (CEQA) Guidelines; and WHEREAS, on November 28, 2007, the Planning Commission of the City of Palm Springs approved Case 3.3118 MAJ via Resolution 7078; and WHEREAS, on December 13, 2007, ALUC found Case 3.3118 MAJ to be inconsistent with the ALUCP with respect to use and intensity; and WHEREAS, pursuant to Section 21676.5(a) of the Public Utilities Code, the City of Palm Springs may overrule the ALUC finding of inconsistency with a two-thirds vote of the City Council; and WHEREAS, ALUC and the California Department of Transportation Division of Aeronautics were notified on December 27, 2007 of the overruling hearing; and WHEREAS, on March 5, 2008, the City Council held a hearing to consider overruling the ALUC finding of inconsistency; and Resolution No. 22184 Page 2 WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on this matter, 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. The action to overrule the ALUC finding of inconsistency is consistent with the purposes of California Public Utilities Code Section 21670 in that the Council's action for the project accounts for the orderly expansion of the airport. The Palm Springs International Airport Master Plan, adopted in January 2003, does not indicate plans to further expand into the area where the project is located. Special circumstances exist that allow for control of the orderly expansion of the airport because the City of Palm Springs is owner/operator of the airport. As owner/operator of the airport, the City is able to fully analyze the impacts of the airport, without external interference, on surrounding areas in the course of making land use decisions In addition, the City, with the exception of a few remaining parcels is substantially built out. Properties have traditionally developed close to the airport and there are many urban land uses surrounding the airport. However, the City has taken steps to mitigate the affects of close proximity to the airport including the completion of a residential sound insulation program for the majority of the homes within the 65 CNEL contour, requirements for avigation easements, and the re-zoning of residential properties to professional land uses in order to minimize future land use conflicts due to the operation and future expansion of the airport. SECTION 2. The action of the Council to overrule the ALUC finding of inconsistency is consistent with the purpose of California Public Utilities Code Section 21670 to prevent the creation of new noise and safety problems. The project is a 1-story, 9,863 square foot child care center located within Compatibility Zones B1. Mitigation Measures have been included in the adopted Mitigated Negative Declaration to prevent exposure of children and child care center staff to airport related noise. The project consists of the relocation of an existing child care center in Compatibility Zone B1 to a new building also located in Compatibility Zone B1. Resolution No-22184 Page 3 SECTION 3. The action of the Council to overrule the ALUC finding of inconsistency is consistent with the purpose of Public Utilities Code Section 21670 to promote the overall goals and objectives of the California airport noise standards. Mitigation Measures have been included in the adopted Mitigated Negative Declaration to prevent exposure of children and child care center staff to airport related noise. SECTION 4. Based on the above findings, the City Council hereby overrules the ALUC finding of inconsistency of December 13, 2007 for Case 3.3118 MAJ, subject to Conditions of Approval contained in Exhibit A, which is attached hereto and made a part of this resolution- ADOPTED THIS 5th day of March, 2008. - _ David H. Ready, Ci nager = ATTEST: mes 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. 22184 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 5th day of March, 2008 by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pro Tern Foat. NOES: None- ABSENT: Mayor Pougnet. ABSTAIN: None. es Thompson, City Clerk fZO��0049 ity of Palm Springs, California Resolution No. 22184 Page 4 EXHIBIT A CONDITIONS OF APPROVAL 3.3118 MAJ Desert Son-Shine Pre-School and Kindergarten Northwest Corner of Sahara Road and Cerritos Road March 5, 2008 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, 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 1) Prior to issuance of building permits, the applicant shall convey an avigation easement to Palm Springs International Airport, which shall be recorded upon approval by airport management. Copies of the recorded avigation easement shall be forwarded to the County of Riverside Airport Land Use Commission and the City of Palm Springs Planning Department. 2) Any outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. All outdoor lighting plans shall be subject to review by Palm Springs International Airport management. 3) The following uses shall be prohibited: a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light, visual approach slope indicated, or such red light obstruction marking as may be permitted by the Federal Aviation Administration. b) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport. Resolution No.22184 Page 5 c) Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. d) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. 4) The notice herein attached as Exhibit B shall be provided to all potential purchasers and tenants. 5) The total number of children permitted to be enrolled at any given time shall not exceed 137 persons, and the total number of peoples permitted to be in the building shall not exceed 145 persons. 6) Prior to issuance of building permits, the applicant shall submit a Notice of Proposed Construction or Alteration (Form 7460-1) to the Federal Aviation Administration (FAA) for the proposed building and shall have received a determination of "Not a Hazard to Air navigation" from the FAA. Copies of the FAA determination shall be forwarded to the County of Riverside Airport Land Use Commission and the City of Palm Springs Planning Department. END OF CONDITIONS