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HomeMy WebLinkAbout24746RESOLUTION NO. 24746 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, CASE NO. 5.1227, TO CONSTRUCT A FIFTY-FIVE FOOT TALL MONOPOLE WITH ASSOCIATED EQUIPMENT SHELTER AND VARIANCE, CASE NO. 6.554, TO EXCEED MAXIMUM ANTENNA HEIGHT LOCATED BEHIND THE RIMROCK SHOPPING CENTER AT 4711 EAST PALM CANYON DRIVE. A. Crown Castle for (AT&T WIRELESS) ("Applicant") has filed an application with the City pursuant to Section 94.02.00 and Section 94.06.00 of the Palm Springs Zoning Code (PSZC) for the installation of a telecommunications facility, including fifty-five (56) foot high commercial communications monopole located behind the Rimrock Shopping Center, 4711 East Palm Canyon Drive, APN: 681-170-059, CDN Zone, Section 3. B. Notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit Case No. 5.1227 and Variance Case No. 6.554 was given in accordance with applicable law. C. On March 11, 2020, a public hearing on the application for Conditional Use Permit Case No. 5.1227 and Variance Case No. 6.554 was held by the Planning Commission in accordance with applicable law. D. On March 11, 2020, the Planning Commission recommended conditional approval of Conditional Use Permit Case No. 5.1227 and Variance Case No. 6.554 to the City Council. E. Notice of public hearing of the City Council of the City of Palm Springs to consider the application for Conditional Use Permit Case No. 5.1227 and Variance Case No. 6.554 was given in accordance with applicable law. F. On April 23, 2020, a public hearing on the application for Conditional Use Permit Case No. 5.1227 and Variance Case No. 6.554 was held by the City Council in accordance with applicable law. G. The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3 — New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). H. Section 94.06.00 of the Palm Springs Zoning Code provides specific findings that must be met before the City Council can grant a Variance. The findings are as follows: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Resolution No. 24746 Page 2 Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject site is known as the Rimrock Shopping Center which is a community commercial center that contains a grocery store, fuel station, medical offices and other retail establishments. The existing buildings and landscaping with a mountainside to the south inhibits cellular frequency at the allowable height of forty-five (45') feet. The applicant has provided propagation maps showing the possible coverage at various heights. The tower at fifty-five (55') feet will provide the greatest coverage for the immediate neighborhoods and beyond. 2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. The subject property will be conditioned similar to other properties that have received height variances for antennas. These conditions include removal of the structure upon abandonment of the use, and compliance with Federal Aviation Administration (FAA) requirements. There are additional comments that are proposed as recommended by the Planning Commission to include painting the structure a dark brown color so as to blend into the mountainside. Therefore, the approval of this Variance would not constitute a grant of special privilege that is inconsistent with the limitations placed upon other providers in the vicinity and zoning designation. 3) The granting of the variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. 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 granting of such variance will not adversely affect the general plan of the city. The proposed project has been analyzed against the policies of the General Plan and no inconsistencies have been found. Pursuant to Section 93.23.08(D) of the PSZC, in cases involving applications for height limit variances, no such variance shall be granted unless the director makes the following finding 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 Resolution No. 24746 Page 3 Commission, it is not feasible to achieve and maintain satisfactory communications within the specified height limitations. The applicant provided coverage maps sufficient to determine that an increase in height to fifty-five (55') feet will provide the coverage necessary for the immediate neighborhood and beyond. Photo simulations have been provided that show the location of the antenna relative to the buildings and mountainside. The granting of the Variance will allow the tower to overcome the obstructions such as the buildings and adjacent mountain and the finding has been met. Section 94.02.00 of the Palm Springs Zoning Code sets forth specific findings that the City Council must make in order to approve this Conditional Use Permit those findings are analyzed by staff below: 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. Pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Code, a commercial communications antenna is authorized within the CDN zone with the approval of a Conditional Use Permit. b. The use applied for 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 Neighborhood Service Commercial. 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 residential uses and the development of adequate cellular phone levels of services serves the ultimate benefit of the community. There are two (2) other telecommunication facilities within the immediate area located within the Rimrock Shopping Center. Further, the installation of a monopole painted a dark brown color similar to an existing adjacent tower will blend into the mountainside. 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. C. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The proposed height of the tower is within the required setbacks for the CDN zone. The use will occupy only a small portion of the parcel located behind an existing retail building within the Rimrock Shopping Center. The 240-square foot Resolution No. 24746 Page 4 equipment shelter will contain all mechanical equipment. Therefore, the site for the intended use will accommodate the proposed facility. d. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The only traffic generated from the 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. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications 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, placing the tower at the rear of the site behind an existing building, the removal of antenna upon use -change or abandonment of the subject property and compliance with all Federal Airport Administration requirements among others. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: 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. Based upon the foregoing, the City Council hereby approves Case 5.1227 CUP and 6.554 VAR, granting a Conditional Use Permit and Variance for height for the construction of a fifty-five (55') foot tall monopole subject to the conditions of approval attached as Exhibit A. ADOPTED THIS 23RD DAY OF APRIL 2020. David H. Ready City Manager ATTEST: A ony J. M ji City Clerk Resolution No. 24746 Page 5 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS) CERTIFICATION ss. I, Anthony J. Mejia, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24746 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 April 23, 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 20" day of kipsi 2oze U�tftv hony J. ej City Clerk Resolution No. 24746 Page 6 RESOLUTION NO. 24746 EXHIBIT A Case 5.1227 CUP and Case 6.554 VAR Crown Castle (AT&T Wireless) 4711 East Palm Canyon Drive APN: 680-570-005 April 23, 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 5.1227 CUP and Case 6.554 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 January 22, 2020, including site plans, architectural elevations and colors on file in the Planning Division except as modified by the approved by 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 Resolution No. 24746 Page 7 Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1227 CUP and Case 6.554 VAR. 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 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. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit. 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 Section 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. Resolution No. 24746 Page 8 PLANNING DEPARTMENT CONDITIONS PLN 1. Signage. Signage is prohibited on the exterior of the monopole structure. PLN 2. Equipment Shelter. Existing 240-square foot equipment shelter shall be maintained in a good condition with all required conduit concealed. PLN 3. Off-street Parking Areas. Off-street parking for maintenance vehicles to be located behind the shopping center. PLN 4. 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 5. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 6. 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 7. 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 8. 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 9. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be fifty-five (55) feet, as measured from finished grade to the highest point of the structure. PLN 10. Antenna Color. Antenna shall be painted a dark brown color so as to blend in with the adjacent mountainside. PLN 11. 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 12. 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. Resolution No. 24746 Page 9 PLN 13. FAA & FCC Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). PLN 14. 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 15. Co -location. When feasible, 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 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 General Conditions BLDG 1. Shall comply with the latest adopted edition of the following codes as applicable: A. California Building Code B. California Electrical Code C. California Mechanical Code D. California Plumbing Code E. California Energy Code F. California Fire Code G. California Green Building Standards Code BLDG 2. The requirements of the Air Quality Management District shall be satisfied prior to the issuance of any permit if dusts and/or pollutants will be discharged into the atmosphere. BLDG 3. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code. BLDG 4. Permits are required prior to the removal and/or demolition of structures. BLDG 5. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties. Resolution No. 24746 Page 10 Specific Comments (NOTE: THESE COMMENTS ARE NOT CONDITIONS.): 1. For more information related to Building & Safety, please visit our web page at http://www.palmspringsca.gov/government/departments/building. END OF CONDITIONS