HomeMy WebLinkAbout24747RESOLUTION NO. 24747
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING A
CONDITIONAL USE PERMIT, CASE NO. 5.1486 AND A
VARIANCE FOR THE INSTALLATION OF A FIFTY-FOUR
FOOT HIGH COMMERCIAL COMMUNICATIONS
ANTENNA DESIGNED AS A MONOPALM, ON A PORTION
OF A 25-ACRE SITE LOCATED AT 1097 EAST MURRAY
CANYON DRIVE (CASE NOS 5.1486 CUP & 6.557 VAR).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. AT&T Mobility ("Applicant") has filed a Conditional Use Permit 5.1486 CUP, and
Variance application, Case 6.557 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 54-foot tall monopalm and related
equipment, on a portion of the Indian Canyons Golf Resort, APN 512-200-005, W-Zone.
B. The W (Watercourse) Zone permits commercial communication antennas
(including monopalm structures) with the approval of a Conditional Use Permit, pursuant
to Section 94.02.00(A)(2)(0 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 March 25, 2020, 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 6-0-1 (absent) 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 April 23, 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 the evidence
presented in connection with the meetings on the Project, including but not limited to the
staff report, and all written and oral testimony presented and finds that the Project
complies with the requirements of Sections 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.
Resolution No. 24747
Page 2
1. Because of the special circumstances applicable to the subject property, including
size, shape, topography, location or surroundings, the strict application of the
Zoning Code would deprive subject property of privileges enjoyed by other
properties in the vicinity and under identical zone classification.
The service coverage gap is caused by inadequate infrastructure in the area. The
applicant has provided radio frequency maps that display coverage of an antenna
at forty (40) feet, and fifty (50) feet in height. Staff has determined that, due to the
local topography and surroundings, the applicant has sufficiently demonstrated that
a 54-foot tall tower will provide necessary coverage that a 43-foot tower cannot
effectively provide.
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.
As noted above, this variance is needed by the applicant in order to provide
necessary wireless coverage to the area that a shorter tower which is strictly in
compliance with the Zoning Code cannot due to local topography and
surroundings. 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 monopalm will be structurally engineered in accordance with all applicable
codes for the proposed height and location and would be subject to a number of
conditions of approval to ensure continued safety and maintenance. The tower as
proposed at 54 feet will be consistent with other palm trees located within the
Indian Canyons Golf Resort. Therefore, the project is not likely 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-
Resolution No. 24747
Page 3
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 has provided convincing evidence to include coverage maps
showing that the height limit of fifty-four (54) feet will provide necessary wireless
communication coverage within the Indian Canyons Golf Resort and to the
surrounding community, whereas a shorter antenna cannot effectively do so due to
local topography and surroundings.
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. 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)
commercial communications antenna is
approval of a Conditional Use Permit.
of the Palm Springs Zoning Code, a
authorized within the W zone with the
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 OS-P (Open Space-
Parks/Recreation). The General Plan does not specifically regulate the installation
and operation of wireless communication facilities. The monopalm at 54 feet tall as
proposed is compatible with this designation and will not cause a significant burden
on the surrounding commercial and residential developments. Further, live palm
trees exist and are similar in height to the proposed monopalm. Therefore, the
proposal is not likely to be detrimental to existing or future uses permitted in the
zone.
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.
Existing parking in the complex will adequately serve the proposed facility. The use
will occupy only a small portion of the site. 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.
Resolution No. 24747
Page 4
The only traffic generated from the proposed 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 not likely 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.
THE 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. 5.1486 CUP, and Variance, Case No. 6.557 VAR,
subject to the conditions set fort in the attached Exhibit A.
ADOPTED THIS 23rd DAY OF APRIL 2020
David H. Ready
City Manager
0
Anthbny J. M
City Clerk
Resolution No. 24747
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. 24747 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 ?-04— day of ►�-1 a�� ���
Ow
nthony J. M jia,
City Clerk
Resolution No. 24747
Page 6
EXHIBIT A
Case 5.1486 CUP and Case 6.557 VAR
AT&T Wireless Mobility
1097 East Murray Canyon Drive
APN: 512-200-005
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
5.1486 CUP and Case 6.557 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 June 27, 2019, 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,
Resolution No. 24747
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Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1486 CUP and Case 6.557 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. Any damage or loss of the palm fronds shall be
repaired or replaced within three (3) weeks upon notification by the City. 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. 24747
Page 8
PLANNING DEPARTMENT CONDITIONS
PLN 1. Signage. Signage is prohibited on the exterior of the monopole structure.
PLN 2. Landscape. Prior to final inspection, the applicant shall plant between two to
four Washingtonia Filifera trees, which vary between 20 feet and 28 feet in
height around the proposed monopalm. The location of the palm trees shall
be approved by the Director of Planning Services or his / her designee.
PLN 3. Off-street Parking Areas. Off-street parking areas shall be maintained in
conjunction with the Indian Canyons Golf Resort.
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. Conditions Imposed from AAC Review. The applicant shall incorporate the
following comments from the review of the project by the City's Architectural
Advisory Committee:
Prior to final inspection, the applicant shall plant between two to four
Washingtonia Filifera trees, which vary between 20 and 28 foot in height
around the proposed monopalm. The location of the palm trees shall be
approved by the Director of Planning Services or his / her designee.
PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 7. Outdoor Display of Merchandise. Unless specifically permitted by Land Use
Permit, all driveways and parking areas shall remain clear of merchandise
display at all times. Violations to this condition may result in fines, CUP
revocation proceedings or other actions as deemed appropriate by the City.
PLN 8. 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 9. 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 10. 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.
Resolution No. 24747
Page 9
PLN 11. Antenna Structure Height. The maximum height of the commercial
communications antenna structure shall be fifty-four (54) feet, as measured
from finished grade to the highest point of the structure.
PLN 12. 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 13. 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 14. FAA & FCC Compliance. The applicant shall comply with the requirements of
the Federal Aviation Administration (FAA) and Federal Communications
Commission (FCC).
PLN 15. 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 / fronds if deemed
necessary by the Director of Planning Services.
PLN 16. 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 to an agreement between the applicant / operator, the other proposed
wireless communications provider and the property owner.
PLN 17. Antenna shall be a Fan Palm tree.
FIRE DEPARTMENT CONDITIONS
1. These Fire Department conditions may not provide all requirements.
Owner/developer is responsible for all applicable state and locally adopted fire
codes. Detailed plans are still required for review. Conditions are subject to final
plan check and review.
2. Fire Department Conditions were based on the 2019 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix
"T" Development Requirements.
3. Conditions of Approval — "Conditions of Approval" received from the Palm
Springs Planning Department must be submitted with each plan set. Failure to
submit will result in a delay of plan approval.
Resolution No. 24747
Page 10
4. Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this project. Plan reviews can take
up to 20 working days. Submit a minimum of three (3) sets of drawings for
review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM — 6:00 PM, Monday — Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. These fees are established by Resolution of the Palm Springs City
Council.
Complete listings and manufacturer's technical data sheets for all system
materials shall be included with plan submittals. All system materials shall be UL
listed or FM approved for fire protection service and approved by the Fire
Prevention Bureau prior to installation.
Plans shall include all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the appropriate
codes and standards. Plans and supporting data, (calculations and
manufacturers technical data sheets) including fire flow data, shall be submitted
with each plan submittal. Complete and accurate legends for all symbols and
abbreviations shall be provided on the plans.
5. Access During Construction (CFC 503): Access for firefighting equipment shall
be provided to the immediate job site at the start of construction and maintained
until all construction is complete. Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet and an unobstructed vertical
clearance of not less than 13'-6". Fire Department access roads shall have an
all-weather driving surface and support a minimum weight of 73,000 lbs.
6. Required access (CFC 504.1): Exterior doors and openings required by this
code or the California Building Code shall be maintained readily accessible for
emergency access by the fire department. An approved access walkway leading
from fire apparatus access roads to exterior openings shall be provided when
required by the fire code official.
7. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
Resolution No. 24747
Page 11
immediate access is necessary for life-saving or fire -fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location. The key box shall be flush mount type and shall contain keys to gain
necessary access as required by the fire code official.
Secured emergency access gates serving apartment, town home or
condominium complex courtyards must provide a key box in addition to
association or facility locks. The nominal height of Knox lock box installations
shall be 5 feet above grade. Location and installation of Knox key boxes must be
approved by the fire code official.
8. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all
areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms,
mechanical rooms, elevator rooms, elevator controls, plus a card containing the
emergency contact people and phone numbers for the building/complex.
9. NFPA 704 Placard: Shall provide a NFPA 704 placard on the pedestrian door
identifying the hazardous materials within the structure.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
END OF CONDITIONS