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HomeMy WebLinkAbout24698RESOLUTION NO. 24698 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND VARIANCE FOR THE INSTALLATION AND OPERATION OF A COMMERCIAL COMMUNICATIONS ANTENNA STRUCTURE ON A PORTION OF A 40-ACRE SITE LOCATED ON THE NORTH SIDE OF 19TH AVENUE AT THE RUPPERT STREET TERMINUS (CASE NOS. 5.1488 CUP & 6.553 VAR). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. AT&T Mobility ("Applicant') has filed a Conditional Use Permit, Case 5.1488 CUP, and Variance application, Case 6.553 VAR, with the City pursuant to Section 94.02.00, 93.23.08 and 94.06.00 of the Palm Springs Zoning Code (PSZC) for the installation of a wireless telecommunication facility, involving a 100-foot tall monopole and related equipment, on a portion of a 40-acre site located on the north side of 19t" Avenue at the northerly terminus of Ruppert Street, APN: 666-320-015, M-2 Zone, Section 15 (the "Project'). B. The M-2 (Manufacturing) Zone permits commercial communication antennas (including monopole structures) with the approval of a Conditional Use Permit, pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Code. C. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the above -mentioned applications was given in accordance with applicable law, and on December 11, 2019, the Planning Commission 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 and voted 3-1 to recommend approval to the City Council of the Project. D. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the above -mentioned applications was given in accordance with applicable law and on January 9, 2020, the City Council held a public hearing in accordance with applicable law. E. 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 III exemption (Conversion of Small Structures) pursuant to Section 15303 of the CEQA Guidelines. F. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the Project, including but not limited to the Resolution No. 24698 Page 2 staff report, and all written and oral testimony presented and finds that the Project complies with the requirements of Sections 94.02.00, 94.06.00 and 93.23.08 of the City's Zoning Code. The City Council makes the following specific findings based on specific evidence as described after each finding in accordance with Sections 93.23.08 and 94.06.00, as it relates to the antenna height Variance: 1) The requested height limit variance is consistent with the general plan, applicable specific plans and overall objectives of the zoning ordinance. The proposed project for a 100-foot tall wireless telecommunication facility has been analyzed against the policies of the General Plan and no inconsistencies have been found. No specific plans are present within the project area and the overall objectives of the PSZC have been met. 2) The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the height limit variance. The site is developed with windmill structures that extend to heights of 296- feet. A peaking power plant directly adjacent to the project site contains exhaust stacks exceeding 100-feet in height. The surrounding area to the south consists of industrial and commercial uses. It has been determined that no neighboring property will be adversely affected by the granting of the height variance. 3) The approval of conditional approval of the height limit variance will not be detrimental to the health, safety, or general welfare of persons, residing or working on the site or in the vicinity. The monopole will be structurally engineered in accordance with all applicable codes for the proposed height and location. Therefore, the project is unlikely to be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the area. 4) The approval of the height limit variance is justified by environmental features, site conditions, location or existing improvements, or historic development patterns of the property or neighborhood. The subject site and properties in the vicinity contain windmill structures that range in height from 200-feet to 499-feet. A peaking power plant exists to the west of the site and contains various utility structures and power plant exhaust stacks. The proposed monopole structure at 100-feet in height will be less than the overall height of these structures and consistent with the development patterns of the property and neighborhood. Therefore, the height variance is justified by the existing conditions on -site and historic development patterns of the area, and the finding has been met. Resolution No. 24698 Page 3 Pursuant to Section 93.23.08(D)(2) of the PSZC, in cases involving applications for height limit variances, no such variance shall be granted unless the following finding is made in addition to those required above: 5) That in the area involved, transmission or reception is adversely affected by obstructions and, as verified by at least one (1) person holding a valid radio- telephone first-class operator's license issued by the Federal Communications Commission, it is not feasible to achieve and maintain satisfactory communications within the specified height limitations. The applicant provided propagation maps showing frequencies with an antenna height of 60-feet and 100-feet. The diagrams demonstrate the 60- foot antenna height will not provide the desired coverage and a 100-foot antenna height is needed to maintain satisfactory communications and service levels. Therefore, the finding has been met. G. The City Council makes the following specific findings based on specific evidence as described after each finding in accordance with Sections 94.02.00, as it relates to the Conditional Use Permit: 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 Sections 93.23.08(C)(2)(c)(iii) and 94.02.00(A)(2)(f) of the PSZC, a monopole with commercial communications antennas is authorized within the M-2 zone with the approval of a Conditional Use Permit. b. That the use 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; The General Plan designation of the subject site is Industrial. The General Plan does not specifically regulate the installation and operation of wireless communication facilities; however, the use as proposed is compatible with this designation as it supports cellular needs of the surrounding commercial and industrial uses and the development of adequate cellular phone levels of services serves the ultimate benefit of the community. Other utility and windmill structures are located in the immediate vicinity of the proposed facility and are similar in height or taller. Therefore, the proposal is unlikely to be detrimental to existing or future uses permitted in the zone, since it will be located in a similar environment. Resolution No. 24698 Page 4 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; The subject property is 40-acres in size, which is adequate to accommodate the 800-square foot lease area that the facility will occupy. A chain -link fence will enclose the associated ground -mounted equipment. Therefore, the site for the intended use will accommodate the proposed facility. 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 proposed facility is un-manned. The only traffic generated from said use to and from the site will be for maintenance, 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. The project is unlikely to have a significant impact on the proposed project site or its immediate 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 facility and compliance with all Federal Airport Administration requirements. THE PALM SPRINGS CITY COUNCIL RESOLVES: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. SECTION 2. Based upon the foregoing, the City Council approves Conditional Use Permit, Case No. 5.1488 CUP, and Variance, Case No. 6.553 VAR, subject to the conditions set forth in the attached Exhibit A. Resolution No. 24698 Page 5 ADOPTED THIS 9th DAY OF JANUARY, 2020. ATTEST: r ARthony J.�Ille City Clerk 1 David H. Ready, City Man CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) SS. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24698 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 January 9, 2020, by the following vote: AYES: Councilmembers Garner, Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 1141, day of ro z, 7,0 Anfhony J. City Clerk Resolution No. 24698 Page 6 EXHIBIT A Case Nos. 5.1488 CUP and 6.553 VAR AT&T Mobility North side of 19th Avenue at Ruppert Street terminus APN: 666-320-015 January 9, 2020 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 Services, the Director of Building and Safety, 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. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case Nos. 5.1488 CUP and 6.553 VAR, except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped November 12, 2019, including site plans, architectural elevations and colors on file in the Planning Division except as modified by the conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City, County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. 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 Nos. 5.1488 CUP and 6.553 VAR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Resolution No. 24698 Page 7 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 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. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. The time limit for commencement of construction under a conditional use permit shall be two (2) years from the effective date of approval. Extensions of time may be approved pursuant to the requirements of Section 94.12.00. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Comply with City Noise Ordinance. This use shall comply with the provisions of Chapter 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 10. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. PLANNING DEPARTMENT CONDITIONS PLN 1. Signage. Signage is prohibited on the exterior of the monopole structure. PLN 2. Fence/Wall Barrier and Landscape. The perimeter of the lease area may be fenced with chain -link as proposed in the drawings. Landscape is not required. (Per Planning Commission on 12/11/19.) Resolution No. 24698 Page 8 PLN 3. Outdoor Lighting Conformance. Exterior lighting shall conform to Section 93.21.00, Outdoor Lighting Standards, of the Palm Springs Zoning Code. Manufacturer's cut sheets of all exterior lighting shall be submitted to the Planning Department for approval prior to the issuance of building permits. No lighting of hillsides is permitted. PLN 4. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 5. Modification or Addition. If the communication antenna(s), monopole or equipment cabinets are ever proposed to be modified in any manner such as the inclusion of other antennas, 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. PLN 6. Obsolete Technology. If the technology regarding the communications antenna(s) changes in where the antenna(s) and / or equipment cabinets as approved become obsolete, then the antenna shall be removed. PLN 7. Property Use and CUP. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application pursuant to Section 94.02.00(I) of the Zoning Code. PLN 8. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be 100-feet, as measured from finished grade to the highest point of the structure. PLN 9. Valid Lease Agreement Required. 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. PLN 10. Use Abandonment. If the antenna(s) and/or monopole are ever abandoned or if this Conditional Use Permit ever expires, the monopole and antenna(s) shall be removed within 30 days. PLN 11. FAA & FCC Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). PLN 12. Antenna Visibility and Safety. The City reserves the right to require, at any time in the future, one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of the pole if deemed necessary by the Director of Planning Services. PLN 13. Co -location. 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 Resolution No. 24698 Page 9 to an agreement between the applicant / operator, the other proposed wireless communications provider and the property owner. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS