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Home My WebLink About11/15/2000 - STAFF REPORTS (14) DATE: November 15, 2000 TO: City Council FROM: Director of Planning & Building CONDITIONAL USE PERMIT 5.0846-APPLICATION BY NEXTEL COMMUNICATIONS, INC. FOR THE INSTALLATION OFA COMMERCIAL COMMUNICATIONS ANTENNA ONA60-FOOTTALL MONOPOLE WITHIN A 700 SQUARE FOOT LEASED AREA AT A DEVELOPED 3.1 ACRE WAREHOUSE/BUSINESS PARK LOCATED AT 401 RADIO ROAD, M-1 ZONE, SECTION 34. RECOMMENDATION: The Planning Commission recommends City Council approval of a Type II Conditional Use Permit for the installation of a Commercial Communications Antenna on a 60-foot tall monopole within a 700 square footleased area at a developed 3.1 acre warehouse/business park locatedat401 Radio Road, M-1 zone, Section 34. The applicant is Barbara Saito of Nextel Communications, Inc., and the property owner is SUSA Partnership LP (Storage USA). BACKGROUND: Nextel Communications, Inc. has submitted an application for a Type II Conditional Use Permit to install a commercial communications antenna on a 60-foot tall monopole structure within a 700 square foot leased area at a developed 3.1 acre warehouse/business park located at 401 Radio Road (Storage USA Business Park). The warehouse/business park currently contains three buildings with an aggregate total of 27,766 square feetof building space. The applicantis in the first year of a 25-year lease for the facility. Nextel is currently in the process of expanding their wireless telecommunication services to cover the immediate area as well as the entire Coachella Valley. Nextel currently has sites in Palm Springs behind the Youth Centeron Mesquite Avenue,atop the Spa Hotel in the downtown area and next to an office/warehouse building at2050 Executive Way. Sites in the northwest and southwest parts of the City are also being contemplated by the applicant. In addition to these sites, Nextel has approximately 10 sites that are either existing or contemplated within the western half of the Coachella Valley. The communications antenna array is proposed to be a three-sided structure typical of wireless telecommunications antennas. These antennas would be oriented in a fashion as to directly communicate with other antennas in the area. The radio equipment would be housed within an existing warehouse building on the site. The antenna monopole would be located in an existing landscape planter immediately adjacent to the building. The entire site is located on the interior of the warehouse/business park, which has a perimeter security gate. AR Case 5.0846 CUP Staff Report November 15, 2000 Page 2 of 3 ANALYSIS: 1. Airport Impacts: Barry Griffith, Assistant Director of Aviation of Palm Springs International Airport, was consulted about the site and anticipates that the proposed commercial communications antenna structure is not an obstruction (i.e., the structure does not penetrate air space around the airport), nor would the proposed antenna have any direct or indirect impacts on operations at Palm Springs International Airport. As a condition of approval, the applicant will be required to obtain all necessary approvals from the Federal Aviation Administration (FAA) prior to issuance of building permits. On September20,2000, staff received written confirmation from the FAA that their aeronautical study had been completed, and the study revealed that the proposed structure does not exceed obstruction standards and would not be a hazard to air navigation. 2. Visual Impacts: The applicant has submitted a photo simulation of the antenna and how it would appear in the current visual environment surrounding the site. This simulation shows no existing visual clutter at that height in the immediate area. Staff visited the site to assess visual impacts and noted that overhead power poles and lines currently exist on Indian Canyon and San Rafael which are at the same approximate height as the proposed monopole. Given the distance between the site and those streets, the monopole would appear as a backdrop to the power poles and lines as viewed from those corridors. Staff observed no existing tall palm trees in the area, and thus would not recommend that the antenna be disguised as a monopalm. To minimize visual impacts at this location, staff would recommend that a light gray matte final finish treatment be used so that the color blends in and disappears into the sky and natural surroundings as much as possible. Staff notified property owners within 400 feet of the proposed project, and as of the writing of this staff report, no responses have been received. The Desert Highland neighborhood lies approximately 500 feet to the north of the site at the closest point. The Desert Highland Neighborhood Group held a meeting on September 12,2000 wherein the applicant presented photo simulations of the proposed antenna to a group of approximately 50 residents. The residents expressed concerns regarding visual impacts of the proposed monopole. Staff investigated the possibility of locating the monopole at the Desert Highlands Community Park which is on the north side of the neighborhood. Staff discussed the alternative site with the Chairman of the Neighborhood Group, and the feeling was that a pole at the industrial site would have less impact on the residents because it is further away from the homes. It should also be noted that within manufacturing zones, more than one commercial communications antenna could be permitted subject to consideration of a Conditional Use Permit by the Planning Commission and City Council. To minimize the number of tall structures in the immediate area, staff discussed with the applicant the monopole's capacity for co-location by additional users in the future. Ms. Saito indicated that at least one additional user could be accommodated on the pole at the proposed height. Included in the resolution of approval is a condition which will ensure co-location at this facility. Nextel has also submitted a letter confirming that the monopole will be designed and constructed to allow for co-location by another wireless telecommunication carrier,and confirming that they agree to cooperate with the property ownerand the future carrier to allow co-location on the proposed monopole. I6*Ix Case 5.0846 CUP Staff Report November 15, 2000 Page 3 of 3 The monopole is proposed to be located in an existing landscape planter on the interior of warehouse/business park, and staff would recommend that the applicant retain as much of the existing landscaping and associated irrigation system as possible. A final landscape plan would be recommend for review and approval of the Director of Planning and Building prior to issuance of building permits. Giventhatall radio equipment will be stored inside the building;and the entire warehouse/business park is protected by a perimeter security gate, staff does not see a need for additional security fencing. ENVIRONMENTAL ANALYSIS AND NOTIFICATION: This Conditional Use Permit is categorically exempt from environmental assessment per Section 15303 of the California Environmental Quality Act(CEQA). Section 15303 states that installation of small new equipment is exempt from CEQA. All property owners within 400 feet of the project site have been notified of the public hearing. As of the writing of this report, no correspondence or inquiries from the public has been received by staff. PLANNING COMMISSION ACTION: The Planning Commission,at its public hearing of October 11,2000,voted 7-0,to recommend that the City Council approve Condition Use Permit No. 5.0846, subject to the conditions. The Commission found the industrial park to be a good location for the facility, and the site particularly acceptable because the radio equipment would be housed in an existing building. DOUG . . EVANS, Director Planning and Building City Manager ATTACHMENTS: 1. Vicinity Map 2. Draft minutes of Planning Commission Meeting of October 11, 2000 3. Copies of site photographs 4. Letter from Applicant 5. Resolution/Conditions /W3 VICINITY MAP PP FL07CATUN _AS VEGAS RD � GAT=Ivnr OK RADIO KD a CO N. T.S. 511N PA/ tfLo DPNE j z � � Q m 2 W PliGOUET GLUD POND � e �O AN7ENNft L-ocArioN PPOJECT 511N PliPlIEL DPIVE CITY OF PALM SPRINGS C A,S E NO. 5.0846 CUP DESCRIPTION ltPPLIGf -ION I=O,P h PP0P05ED 60' TliLL COP9/'9EPCl/L APPLICANT NExrEL sou PE Foo°Lf/15ED S TEE WIRIIN G01lI7UNICA771ON5, INC. DEVELOPED 3.l ACPE WliPE170U5E/ • OU5/NE55 PAPK 5/Tf LOCAT-ED!r 401 PADIO POAD, I7-I ZONE, 5EC7-l0N 34 r Jvhr)u r' a �l� Site 7218--View toward east i k•T.yl F� � z %�. JdS\�'St�'T��M U�4'��h ��"V4 i� � .•'^ "'""Y4 �r V G k?' ! ..�: r ✓ x� t� ,d 95j � L.��paX� _ � nn Yo X A.t1 ,, i upa to e! m •�± dam'' ...rw � ,a: Site 7218--View toward west �4AS 1 T Site 7218--View from Radio Road i y MENEM Site 721 8--View from Radio Road simulated �t 2q� �a.,,k' I Nor i d,W�-�y s 'i �S 17i4 . ' 7 '',�+�F� ",e_•' � 'ti� '. .�� -F r ,� . "' ti F r t'j Cw 4 t J PROJECT DESCRIPTION Nextel Communications Inc. CA 7218 Nextel Communications Inc. is proposing to install an existing wireless telecommunication facility at 401 W. Radio Road as part of the Southern California service area. The proposed facility will consist installing fifteen (15) panel antennas on a sixty (60) foot lattice tower and placing radio equipment in the existing building. The facility will be unstaffed but will transmit continuously. This type of facility is allowed in the Industrial zone with the approval of the City of Palm Springs. System Description Nextel has been authorized by the Federal Communications Commission to construct and operate the first dual purpose digital mobile radio system in the United States. The system will provide superior service to the public in each of two areas: 1) It will be fully digital and 2) it will provide dispatch services to large fleet users. The "dispatch" service will enable the system to handle a one-to-many form of communications, wherein one dispatcher can contact numerous mobile parties simultaneously. This service will be offered to IocaO public safety entities, as well as to the general public. The advantages of a truly digital communications system over the analog/digital hybrid systems available today are many-fold. The system is three times more efficient, with three times fewer sites to serve the same number of customers. Among other things, the transmissions will be indecipherable for any pot(5ntial eavesdropping devices, except perhaps those specially constructed and used by the most sophisticated government intelligence services. The system will also provide location-sensitive dispatching, wherein a dispatcher can contact only the closest units to a given location, rather than the entire fleet. This will greatly streamline the dispatching process, thus allowing faster response to demand. The service area is divided into a grid of theoretically hexagonal geographic areas. At the center of each area is a low power unmanned radio repeater station, which handles the calls to and from mobile customers within the area. As a mobile customer moves from one area to another with a call in progress, the call is automatically "handed off' to the next repeater station, without interruption. Telephone line connections between repeater sites and the switching office and from the switching office to the telephone company central office permit mobile customers within the serving area to utilize their phones just as they would a home or office telephone -- with direct dialing. Several types of subscriber units will be available. There will be a dispatch-only unit that will handle communications only between a mobile and a specified dispatcher, and will support fleet dispatching similar to current services. There will be an interconnect only unit, which will be similar to the mobile phones used by "Cellul'ar" which allow only /004 9 one-to-one communications except through conference calling. There will also be a dual function unit that will provide the mobile user with the advantages of both protocols. The proposed site will serve businesses and residents in the Palm Springs area. Existing Conditions The subject site is fully developed with a storage facility. The surrounding properties are also developed. This proposal meets all the development standards of the City of Palm Springs. Why is the height necessary Certain uses by their very nature require height to be effective. Examples include silos, chimneys and water towers, which have practical as well as safety reasons that require them to be of greater height that allowed by the zoning regulations. Silos as designed to store dry materials. The height not only allows for more storage in a small area, but also helps to keep the dry goods dry. Chimneys have increased height to guide smoke away from the occupied area. Water towers utilize height to create the necessary water pressure to provide for domestic uses as well as fire protection. Restricting on these types of facilities would certainly reduce their effectiveness, and possibly render them useless. Just as the water tanks utilize physics to create water pressure, so radio transmission utilizes physics to provide communication. Limiting a transmission facility to a certain height does not recognize the physical needs of the facility, and can render the facility useless. The subject antennas must be able to send out signals to, and receive signals from mobile radios. These radios are either installed in motor vehicles or are portable. A mobile radio and a portable radio operate at differ power levels. The transmission signals must be stronger for a portable radio to receive them. As implied, these radios move around from place to place. They are sometimes in the path of the signal, sometimes out of the path. While they are in the path of a signal, they can receive and transmit to the base antennas, and communicate with the world. While out of the path, they cannot transmit or receive the base signal, therefore cannot communicate with anyone. In a shadow area, the signal is sometimes strong enough to be received by the mobile radio, but not by the portable. This point is of great significance when the users of the portable radio are emergency personnel. The Palm Springs area has a very changing.topography. There are hills and valleys. The roads curve and wind, move up and down. The radio signal, while moving in a straight path, must navigate its way through all this. Shadows are caused by those hills that do not totally block the signal. By increasing the height of the subject antennas, the blockages and shadows can be reduced and eliminated entirely, thereby allowing communication to occur. Radio communication is transmitted through waves. If something is in the way of the wave, the wave can either bounce off the obstruction (refraction),- bounce back (reflection), or stop its forward motion (absorption). Hills, trees, buildings and other objects represent obstructions in the path of the radio waves. Some of this obstruction is majorly based on the proximity, material, and size of the object. For instance, a tall hill that is immediate to the transmission site will effectively stop the radio wave from continuing on its path. A building made of steel will stop the transmission but a building made of wood frame construction will allow the wave to penetrate and continue along its path. Some of the energy is lost as the radio wave travels past the building, and the signal is dissipated. (See Exhibit A) Antennas are the facilities that allow radio waves to be transmitted or received. An antenna placed on the rooftop of a 40 foot building with a ground elevation of 100 feet, will send out its signal at 140 feet. This signal will keep going until it reaches something in its path which detracts, reflects, absorbs or receives it. If there were a 200 foot hill between the transmitting antenna and the receiving antenna, the hill would absorb some of the transmitted energy and defract the rest. The antenna on the far side of the hill will not be able to receive or transmit to the first antenna. (See Exhibit B ) By raising the height of the first antenna in either of these examples, the radio signal can be received by the other antennas. The shadow can be reduced or eliminated entirely. (See Exhibit C) What impact will this facility make on the neighborhood There is a minor impact that the antennas will make on the neighborhood. This is the visual impact. The perspective of a motorist is through his windshield. The passers-by would be more inclined to see the existing buildings, trees and other vegetation. From a distance, the site will be more visible, however, it will blend with the nature of the surrounding industrial uses. Are there other alternatives to increasing the height There are no viable alternatives to increasing the height. In some situations the addition of more frequencies or more transmission sites can mitigate the need for additional height. Nextel has considered both these options, but these alternatives do not exist. Through licensing by the Federal Communications Commission, the frequencies are allotted to providers. Although the frequencies are strictly regulated to establish the most equitable use, there will not be more frequencies. Radio frequencies are a finite, natural resource. Radio Wave Transmission Reflection Receiving Antenna Refraction nod Exhibit A Obstructed Radio Waves Shadowed Area Absorption Refraction v ` Exhibit B N Non obstructed Radio Waves Absorption Refraction Receiving Antenna Exhibit C As to alternate locations, the appropriate area to place additional antennas would also require the building of new tower. Colocation Nextel Communications Inc., as a policy, always attempts to install the telecommunication base stations on existing facilities. Most times, the existing facilities will be rooftops, water tanks, or communication sites. It has been very difficult to colocate on a cellular facility due to the competitive nature of the business and technical requirements for coverage as Nextel's system matures. There are four key conditions that must be met for colocation to be feasible. 1. The site must meet the designed coverage objectives. Each carrier has different objectives based on its FCC licensing requirements, location of existing sites, technological capabilities, capacity demands, and other needs. Consequently, not all site locations meet the objectives of each carrier. Nextel's digital ESMR system is designed to be more efficient than an analog cellular system which means Nextel will need less base stations to serve the same number of customers as cellular does. The design of the ESMR system utilizes this strength. A colocation requirement of the use of a particular site can alter the design sufficiently to cause the need of an additional site. This can defeat the purpose of using colocation to limit the number of sites. 2. Interference and intermodulation become important issues in any instance where radio service providers colocate. There must be enough room for both vertical and horizontal antenna separation. The antenna separation is a site specific determination due to antenna types,frequencies, and power levels in use as well as coverage objectives as mentioned above. 3. The site must be able to be leased, permitted, constructed, and be served by power and telephone. There must be a willing landlord. There must be physical room available on the site for the radio equipment and cabling either as space within an existing building or a vacant area for which a shelter can be permitted. There must be space for the antennas on the rooftop, on an existing tower, or as a vacant area permitable for a tower. An existing tower and its foundation must have the structural ability to support a second carrier's platform and required height. Lattice towers and guyed towers lend themselves to multiple carrier uses much better than monopoles because of their structural design and higher weight bearing capacity. Generally, existing monopoles have not been designed to support more than two platforms with their attendant antennas and microwave dishes. For a new tower, the vacant area must be (a) large enough for the tower foundation and (b) large enough to provide sufficient separation between any existing antenna systems. The ground must be able to bear a foundation depth generally 1/3 the height of the monopole 4. The first carrier will build the tower and place the antennas to meet its own design characteristics. A second carrier will analyze the tower, its location, its structure, the available space on the tower, the proximity of the radio equipment space as well as the interference and intermodulation- issues in order to determine the placement of the antennas. In mature systems such •as San Diego, each additional set of antennas must be placed at a height which is compatible with the rest of the network. Antennas placed too high can be as ineffective as antennas placed too low. None of these conditions can be observed in isolation; each interacts with the others. A change in an attribute will change other attributes. There is no existing facility within the placement area. Benefits to the City of Palm Springs Enhanced Specialized Mobile Radio (ESMR) offers improved voice quality and consistency. ESMR conversations are sharp and clear, free from the cross-talk. There is less static, less fading. Additionally, because a digital system can accommodate more voices and data traffic than an analog system, there are fewer incomplete and dropped calls. ESMR provides emergency contact to 911; has authorization to provide emergency services during periods in which normal communications facilities are disrupted as a result of hurricane, flood, earthquake, or similar disaster; and is authorized to transmit communications necessary for the implementation of civil defense activities as assigned by local civil defense authorities. ESMR eliminates the need for separate paging and interconnect devices. Furthermore, because digital is also the medium of data transmission, the service will include data services as well-- all in the same lightweight handset. ESMR provides secure lines of communication. This digital signal is not scannable and would require extensive allocation of resources to unscramble or decode. This is important to emergency personnel as well as individuals. ESMR provides a more efficient use of a finite natural resource. Nearly every radio use is at capacity, requiring operators to request more spectrum. Nextel is making multiple use of already allocated frequencies by increasing the capacity of each signal through code division multiple access. /� IS Summary The proposed application by Nextel Communications Inc. for a wireless telecommunication facility is in compliance with the Palm Springs Zoning Code and the development standards of the commercial zone. The benefits to the businesses and residents of the City of Palm Springs are numerous. RESOLUTION NO. EXHIBIT A Conditional Use Permit No. 5.0846 Nextel Communications, Inc. 401 Radio Road November 15, 2000 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be,completed to the satisfaction of the City Engineer,the Directorof Planning,the Chief of Police,the Fire Chief ortheir 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. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes,ordinances and resolutions which supplement the zoning district regulations. la. 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 5.0846. 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 orfails to cooperate fully in the defense,the applicantshall 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Commencement of use or construction under this Conditional Use Permit shall be within two(2)years from the effective date of approval. Extensions of time maybe granted by the Planning Commission upon demonstration of good cause. 3. If the communications antennae or monopole are ever proposed to be modified in any manner such as the inclusion of other antennae, satellite dishes and/or other support equipment, the proposed modifications shall be submitted to the Directorof Planning and Building for review and approval prior to installation. 404 Case 5.0846 CUP Conditions November 15, 2000 Page 2 of 3 4. If the technology regarding the communications antennae changes in where the antennae as approved become obsolete, then the antennae shall be removed. 5. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application. 6. The maximum height of the commercial communications antenna and monopole structure shall be 60 feet, as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the antenna. 7. If the antennae and/or monopole are everabandoned or if this Conditional Use Permit ever expires, the monopole and antennae shall be removed within 30 days. 8. Manufacturer's cut sheets of the proposed antennae shall be submitted to the Director of Planning and Building prior to the issuance of permits for installation of the commercial communications antennae. 9. The final color and finish treatment of the monopole and antennae shall be submitted for review and approval of the Director of Planning and Building priorto the issuance of building permits. Alight gray matte paint or light gray matte final finish treatment shall be used, unless an alternative treatment is required by the Federal Aviation Administration. Thecolor shall blend and disappear into the sky and natural surroundings as much as possible to reduce the visual impacts of the structure. The color shall be used on the monopole and antennae. A color sample meeting this criteria shall be submitted for review and approval of the Director of Planning and Building prior to installation of the antennae and monopole. 10. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art.The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee,the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 112% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site,said location shall be reviewed and approved by the Directorof Planning and Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 11. A final landscape plan shall be submitted for reviewand approval bythe Directorof Planning and Building prior to issuance of building permits. 12. The applicantshall complywith the recommendations of the Federal Aviation Administration. 44 / i Case 5.0846 CUP Conditions November 15, 2000 Page 3 of 3 Proof of compliance shall be provided from the Director of Aviation to the Director of Planning and Building prior to the issuance of building permits. 13. The applicant/operatorof the facility shall agree to allow the co-location ofequipmentofother 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: 14. Developershall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 15. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT: 16. Construction shall be in accordance with the 1998 California Fire Code and 1998 California Building Code. 17. Fire Department access shall be provided and maintained in accordance with the 1998 California Fire Code, Article 9. 18. Portable fire extinguishers shall be installed in accordance with the 1998 California Code, Article 10, and Standard 10. ENGINEERING DEPARTMENT: N/A AFFIDAVIT OF MAILING NOTICES 1, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with the Conditional Use Permit application by Nextel Communications, Inc. for 60-foot tall antenna located at 401 Radio Rd., M-1 Zone, Sec. 34, was mailed to each and every person on the attached list on the 1st day of November, 2000. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 1st day of November, 2000. PATRICIA A. SANDERS City Clerk NOTICE OF PUBLIC HEARING PALM SPRINGS CITY COUNCIL MEETING Conditional Use Permit No. 5.0846 Nextel Communications, Inc. 401 Radio Road NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of November 15,2000. The public hearing will take place on or about 7:00 p.m., or as soon thereafter as possible, and will be held at the Council Chamber of the City Council of the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262. The purpose of the hearing is to consider a Conditional Use Permit application by Nextel Communications, Inc. for the installation of a 60-foot tall Commercial Communications Antenna within a 700 square foot leased area at a developed 3.1 acre warehouse/business park located at 401 Radio Road, M-1 Zone, Section 34. This action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15303 (New Construction or Conversion of Small Structures). If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Kim Chafin, Department of Planning and Building, (760) 323-8245. CITY OF PALM SPRINGS PATRICIA A. SANDERS CITY CLERK Publish: November 3, 2000 VICINITY MAP PPOJfCT LOCfITION\ _AS VCGliS RD GiIT[LVA)'OR � K'IO�O RD a N. T.S. StIN 1�fI�fI�L Z D�N� �— C� OO � Z 0 U v Z Z Q PACOUET GLUM POAO I?fIDIO K'OtfD O O LOCATION PPOJECr 5/7T 5/tN I?tll=/t�L D>?N� CITY OF PALM SPRINGS CASE NO. 5,o846 - cup D E S C R I P T10 N ,sppl 1G/t7-1oN pop/I PPOPO5fD 60' T l_L GOIT'If/M L APPLICANT GOrII'9UNICITION5 fINTENNA ON A -700 NfXTfL 50UAPf/=007-LE/fSfO 5/7-f WITHIN A G0ff/MUNIG/17-lON5, /NG DEVELOPED 5,1 ACPf W/iRlf1lOU5,ff/ OU5/N/f55 PAPK 5/Tff LOGft7-f0 AT 401 PA010 POAD, /-I-/ZON)f, 5fG7-lON 54, - i ti r� iy Nextel Com munications, cations Inc. Attn: Barbara Saito 310 Commerce Irvine, CA 92602 Nextel Communications, Inc. Attn: Barbara Saito 310 Commerce Irvine, CA 92602 Y y 7218 ANGEL CANYON FI1,E#600803 401 W RADIO RD PALM SPRINGS CA 669 430 014 400' LISTING JUICE 8 2000 669 395 018ac)ll 669 395 019 669 395 020 VALLEY HOUSING COACHELLA WILLIE JAMES HOLLAND SHIRLEY CHALK 731 S PACIFIC COAST HWY � 975 EL DORADO BLVD 2270 CAHUILLA ST #105 #2A PALM SPRINGS CA 92262 COLTON CA 92324 SOLANA BEACH CA 92075 669 395 021 669 395 022 669 396 004 ROSE LEE LIVING MAYFIELD MANKO ROSE J ESTATE OF STEVE & DONNA SAVAGE 488 W LAS VEGAS RD 16133 VENTURA BLVD #1080 33141 MESA VISTA DR PALM SPRINGS CA 92262 ENCINO CA 91436 DANA POINT CA 92629 669 420 002 669 420 009 669 420 0111014, ot-a NORMAN & CAROLYN LENZER VLY HOUSING ITION COA DST INDUSTRIES INC 14637 HILLTREE RD 45701 MONROE ST #G 34364 GODDARD RD SANTA MONICA CA 90402 INDIO CA 92201 ROMULUS MI 48174 669 420 014 669 420 018 669 430 0081015,000 DST I ES INC DST IN IES INC STEPHEN CULVER NICHOLS 34 GODDARD RD 34 GODDARD RD 879 N PALM CANYON DR R MULUS MI 48174 ROMULUS MI 48174 PALM SPRINGS CA 92262 669 430 013 669 430 014 669 430 015 SUSA PARTNERSHIP LP SUSA PAR IP LP STEPHEN C ICHOLS 500 W RADIO RD 401 DIO RD 879-P LM CANYON DR PALM SPRINGS CA 92262 PA SPRINGS CA 92262 PALM SPRINGS CA 92262 669 430 016 669 430 017 669 430 018 STEPHEN CUL CHOLS PALM SPRINGS VIEW APARTM REGINALD TISH HALL 879 N CANYON DR 6060 POPLAR AVE #300 898 W GATEWAY DR P SPRINGS CA 92262 MEMPHIS TN 38119 PALM SPRINGS CA 92262 669 441 001 669 442 001loo4 669 442 004 WESTERN PROPERTIES INC MICHAEL SIRELSON MICHAEL ON 767 STH AVE #43RD 954 W VIA OLIVERA 954�F IA OLIVERA NEW YORK NY 10153 PALM SPRINGS CA 92262 P M SPRINGS CA 92262 669 452 0011a dZ 669 452 002 669 452 003,004 DONALD & SHARON EPPS DONALD & S �PPS PATRICIA PIZIO 44725 SAN LUIS REY LN 44725 LUIS REY IN 2298 E MCMANUS DR PALM DESERT CA 92260 PAL DESERT CA 92260 PALM SPRINGS CA 92262 669 452 004 PATRICIA 2290 CMANUS DR P - SPRINGS CA 92262 669 395 023 BAtreiDRESS ARA NOD N L ADDRESS AVAILABLE a AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) I, the undersigned, say: I am and was at all times herein mentioned, a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 8th day of September 2000,1 served the within (NOTICE OF PUBLIC HEARING)on PLANNING COMMISSION, Case No. 5.0846, by Nextel Communications, Inc.,regarding the request to consider a Conditional Use Permit application by Cox Assets, PCS, forthe installation of a 60-foot tall Commercial Communications Antenna within a 700 square foot leased area at a developed 3.1 acre warehouse/business park located at 401 Radio Road, M-1 Zone, Section 34, on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub- post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received from the title company dated June 8, 2000 and certified by the City's Planning Technician. I hereby declare under penalty of perjury that the foregoing is true and correct. ANITA C. GRAVES Dated at Palm Springs, California, this 14th day of September 2000 NOTICE OF PLANNING COMMISSION MEETING Conditional Use Permit No. 5.0846 Nextel Communications, Inc. 401 Radio Road NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of September 27, 2000. The Planning Commission meeting begins at 1:30 p.m. (public hearings begin at 2:00 p.m.) in the Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider a Conditional Use Permit application by Cox Assets, PCS, for the installation of a 60-foot tall Commercial Communications Antenna within a 700 square foot leased area at a developed 3.1 acre warehouse/business park located at 401 Radio Road, M-1 Zone, Section 34. This action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15303 (New Construction or Conversion of Small Structures). If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the Planning Commission hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Steve Hayes, Department of Planning & Building, 760/323- 8245. PLANNING COMMISSION DOUGLAS R. EVANS Director of Planning & Building Publish: September 15, 2000 SUSAN W. CASE, INC. OWNERSHIP LISTING SERVICE 917 Glenneyre Street, Suite 7, Laguna Beach, CA 92651 PHONE(949)494-6105 •FAX(949)494.7418 CERTIFICATION OF PROPERTY OWNERS LIST THE ATTACHED LIST REPRE ENTS THE NAMES AND ADDRESSES OF ALL PROPERTY OWNERS LOCATED WITHIN FEET OF THE EXTTERIORn BOOUNDA¢RRIIE�S OF THE PROPERTY LOCATED AT C V4 jZA R® l THIS INFORMATION WAS OBTAINED THROUGH TRANSAMERICA INTELLITECH, A DATA SOURCE UTILIZING THE COUNTY ASSESSMENT ROLLS AND OTHER DATA SOURCES. THIS INFORMATION IS GENERALLY DEEMED RELIABLE, BUT IS NOT GUARANTEED. SUSAN W. CASE, INC. SUSAN W. CASE, INC. OWNERSHIP LISTING SERVICE 917 Glenneyre Street,Suite 7 •Laguna Beach, CA 92651 PHONE(949)494-6105 • FAX(949)494-7418 7218 ANGEL CANYON FILE1600803 401. W RADIO RD PALM SPRINGS CA 669 430 014 400' LISTING JUICE 8 2000 669 395 018joll 669 395 019 669 395 020 VALLEY HOUSING COACHELLA WILLIE JAMES HOLLAND SHIRLEY CHALK 731 S PACIFIC COAST HWY 3975 EL DORADO BLVD 2270 CAHUILLA ST #105 #2A PALM SPRINGS CA 92262 COLTON CA 92324 SOLANA BEACH CA 92075 669 395 021 669 395 022 669 396 004 ROSE LEE LIVING MAYFIELD MANKO ROSE J ESTATE OF STEVE & DONNA SAVAGE 488 W LAS VEGAS RD 16133 VENTURA BLVD #1080 33141 MESA VISTA DR PALM SPRINGS CA 92262 ENCINO CA 91436 DANA POINT CA 92629 669 420 002 669 420' 009 669 420 0111614, 018 NORMAN & CAROLYN LENZER VLY HOUSING ITION COA DST INDUSTRIES INC 14637 HILLTREE RD 45701 MONROE ST #G 34364 GODDARD RD SANTA MONICA CA 90402 INDIO CA 92201 ROMULUS MI 48174 669 420 014 669 420 ' 018 669 430 008101S)01 �o DST INDUS INC DST INDU S INC STEPHEN CULVER NICHOLS 343 DDARD RD 343jA ODDARD RD 879 N PALM CANYON DR ROMULUS MI 48174 ROMULUS MI 48174 PALM SPRINGS CA 92262 669 430 013 669 430 01 669 430 015 SUSA PARTNERSHIP LP SUSA NERSHIP LP STEPHEN NICHOLS 500 W RADIO RD 40 RADIO RD 879 ALM CANYON DR PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 669 430 016 669 430 017 669 430 018 STEPHEN NICHOLS PALM SPRINGS VIEW APARTM REGINALD TISH HALL 879 LM CANYON DR 6060 POPLAR AVE #300 898 W GATEWAY DR PA M SPRINGS CA 92262 MEMPHIS TN 38119 PALM SPRINGS CA 92262 669 441 001 669 442 001,00q 669 442 004 WESTERN PROPERTIES INC MICHAEL SIRELSON MICHAEL ' SON 767 5TH AVE #43RD 954 W VIA OLIVERA 954 IA OLIVERA NEW YORK NY 10153 PALM SPRINGS CA 92262 P M SPRINGS CA 92262 669 452 001,DO-Z-. 669 452 002 669 452 003 il0o DONALD & SHARON EPPS DONALD & SHA N—EPpS PATRICIA PIZIO 44725 SAN LUIS REY LN 44725 S fUIS REY LN 2298 E MCMANUS DR PALM DESERT CA 92260 PALM SERT CA 92260 PALM SPRINGS CA 92262 e 669 452 0 PATR PIZIO 2 E MCMA S DR ALM SPRINGS CA 92262 669 395 023 BARBARA T NO SIT DRESS NO L ADDRESS ILABL.E AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) I, the undersigned, say: I am and was at all times herein mentioned, a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 8th day of September 2000,1 served the within (NOTICE OF PUBLIC HEARING)on PLANNING COMMISSION, Case No. 5.0846, by Nextel Communications, Inc.,regarding the request to consider a Conditional Use Permit application by Cox Assets, PCS, for the installation of a 60-foot tall Commercial Communications Antenna within a 700 square foot leased area at a developed 3.1 acre warehouse/business park located at 401 Radio Road, M-1 Zone, Section 34, on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub- post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received from the title company dated June 8, 2000 and certified by the City's Planning Technician. I hereby declare under penalty of perjury that the foregoing is true and correct. ANITA C. GRAVES Dated at Palm Springs, California, this 14th day of September 2000 SUSAN W. CASE, INC. OWNERSHIP LISTING SERVICE 917 Glennevre Street, Suite 7, Laguna Beach, CA 92651 PHONE(949)494.6105 •FAX(949)494-7418 CERTIFICATION OF PROPERTY OWNERS LIST THE ATTACHED LIST REPRE ENTS THE NAMES AND ADDRESSES OF ALL PROPERTY OWNERS LOCATED WITHIN FEET OF THE E/nXTT�ERInORn BOUNDARIES OF THE PROPERTY LOCATED AT 61 W IZA4K) YVJ YN� J rFW C� M1 THIS INFORMATION WAS OBTAINED THROUGH TRANSAMERICA INTELLITECH, A DATA SOURCE UTILIZING THE COUNTY ASSESSMENT ROLLS AND OTHER DATA SOURCES. THIS INFORMATION IS GENERALLY DEEMED RELIABLE, BUT IS NOT GUARANTEED. - W SUSAN W. CASE, INC. NOTICE OF PLANNING COMMISSION MEETING Conditional Use Permit No. 5.0846 Nextel Communications, Inc. 401 Radio Road NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of September 27, 2000. The Planning Commission meeting begins at 1:30 p.m. (public hearings begin at 2:00 p.m.) in the Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider a Conditional Use Permit application by Cox Assets, PCS, for the installation of a 60-foot tall Commercial Communications Antenna within a 700 square foot leased area at a developed 3.1 acre warehouse/business park located at 401 Radio Road, M-1 Zone, Section 34. This action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15303 (New Construction or Conversion of Small Structures). If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at or prior to the Planning Commission hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Steve Hayes, Department of Planning & Building, 760/323- 8245. PLANNING COMMISSION DO/!U/GLAS R. EVANS Director of Planning & Building Publish: September 15, 2000 PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) U; iL STATE OF CALIFORNIA County of Riverside I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid;I am over the age of eighteen No.6399 NOTICE OF PUBLIC HEARING years,and not a party to or interested in the PALM SPRINGS CITY COUNCIL MEETING above-entitled matter.I am the clerk of a Conditional Use Permit No. 5.0046 principal Nexte 401 ad muni Road Inc. printer OF the,DESERT SUN PUBLISHING NOTICE IS HEREBY GIVEN that the City Council COMPANY a newspaper of general circulation, of the City of Palm Springs, California, will hold a ublic heanng at its meetmq of November 15, printed and published in the city of Palm Springs, zpoCo. The public hearing will take place on or about 7:00 pm., or as soon thereafter as pessi- County of Riverside,and which newspaper has been ble, and will be held at the Council Chamber of adjudged a newspaper of general circulation by the can City of Pp Imspprings• 3200 East ranqude The purpose of the heanns is toa Con- Superior Court of the County of Riverside,State or Con- ditional Use Permit application by Nextel Commu- CaliFornla under the date of March 24,1988.Case nications, Inc for the installation of a 60-foot tall Commerical Communications Antenna within a Number 191236;that the notice,of which the 700 square foot leased area at a developed 3.1 acre warehouse/business park located at 401 He- annexed is a printed copy(set in type not smaller cl o Road, M-1 Zone, Section 34. than non pariel,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: }.' Iri - November 3rd - -------------------------------- - All in the year 2000 I certify(or declare)under penalty of perjury that the un , 11,11 foregoing is true and correct. 6th ---1— This action is categorically exempt from the prom- Dated at Palm Springs,California this------------day sions of the California Environmental Quality Act fCEOA) per Section 15303 (New Construction or, November Conversson of Small Structures). If any intlrvidual or group challenges the action in of----------------------------------,2000 court, issues raised may be limited to only those issues raised at the public hearng described in this notice it in written earrespondence at or pri- or to the City Council hearing. An opportunity will given at said hearing for all --------------------^----------------------------------------- interested persons too be heard.Questionsn r regard- ' ing this case may be directed to Kim Chaim, De- partment of Planning and Building,(760)323-6245 CITY OF PALM SPRINGS PATRICIA A. SANDERS ' -- ---- CITY CLERK PUB: November 3, 200 2000 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, CONDITIONAL USE PERMIT NO. 5.0846, TO NEXTEL COMMUNICATIONS, INC. FOR THE INSTALLATION OF A COMMERCIAL COMMUNICATIONS ANTENNA ON A 60-FOOT TALL MONOPOLE WITHIN A 700 SQUARE FOOT LEASED AREA AT A DEVELOPED 3.1 ACRE WAREHOUSE/BUSINESS PARK LOCATED AT 401 RADIO ROAD, M-1 ZONE, SECTION 34, AND MAKING FINDINGS IN SUPPORT THEREOF. ------------- WHEREAS, Nextel Communications, Inc. ("Applicant') has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for the installation of a Commercial Communications Antenna on a 60-foot tall monopole within a 700 square foot leased area at a developed 3.1 acre warehouse/business park located at401 Radio Road,M-1 zone,Section 34;and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to considerApplicant's application for Conditional Use Permit No.5.0846 was given in accordance with applicable law; and WHEREAS,on October 11,2000,a public hearing on the application for Conditional Use Permit No. 5.0846 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on October 11, 2000,the Planning Commission voted 7-0 to recommend approval of the application subject to the findings and conditions stated in Resolution No. 4718; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Conditional Use Permit No. 5.0846 was given in accordance with applicable law; and WHEREAS,on November 15,2000,a public hearing on the application forConditional Use Permit No. 5.0846 was held by the City Council in accordance with applicable law; and WHEREAS,the proposed Conditional Use Permit, (Case No.5.0846),is categorically exemptfrom the provisions of the California Environmental Quality Act(CEQA)pursuantto Section 15303(New Construction or Conversion of Small Structures). WHEREAS, the City Council has 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. /G� Case 5.0846 Resolution November 15, 2000 Page 2 of 4 THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: This Conditional Use Permit is categorically exempt from environmental assessment pursuant to Section 15303 of the California Environmental Quality Act (CEQA) in that Section 15303 states that installation of small new equipment is exempt from CEQA. Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: 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. Pursuantto the Zoning Ordinance, a commercial communications antenna is authorized in the M-1 zone pursuant to approval of a Type II 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 proposed communications antenna is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. The proposed communications antenna will not have a significant visual impact.on the. environment surrounding the site. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards,setbacks,walls orfences,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 site for the communications antennae, on a 700 square foot leased area at 401 Radio Road, is adequate in shape and size to accommodate said use, including all features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. 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 site for the proposed communications antennae will not have a director indirect impact on streets and highways and is properly designed in the subject area. 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. 14e z Case 5.0846 Resolution November 15, 2000 Page 3 of 4 All proposed conditions of approval are necessary to ensure public health and safety. Section 3: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed project and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan and any applicable specific plan; and Section 4: Pursuant to Government Code Section 65567, the City Council finds that the proposed project and the provision for its design and improvements are compatible with the objectives, policies and general land use provided in the City's local open space plan; and Section 5: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of these conditions attached in Exhibit A: a. The proposed project is consistentwith the applicable general and specific plans. b. The design or improvements of the proposed project are consistent with the General Plan. c. The site is physically suitable for the type of development contemplated by the proposed project. d. The site is physically suitable for the proposed density of development contemplated by the proposed project. e. The design of the project or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish orwildlife or the habitat. f. The design of the project or improvements is not likely to cause serious public health problems. g. The design of the project or the type of improvements will not conflict with easements,acquired by the public at large,for access through or use of the property within the proposed subdivision. Case 5.0846 Resolution November 15, 2000 Page 4 of 4 NOW,THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Conditional Use Permit No. 5.0846, subjectto those conditions set forth in Exhibit A, on file in the Department of Planning& Building's office,which are to be satisfied priorto the issuance of a Certificate of Occupancy unless other specified. ADOPTED this day of 2000. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By City Clerk City Manager REVIEWED AND APPROVED AS TO FORM: �I F