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HomeMy WebLinkAbout10/4/2006 - STAFF REPORTS - 1.C.V �n �c nJ° q �nno� V1 CITY COUNCIL STAFF REPORT DATE: October 4, 2006 PUBLIC HEARING SUBJECT: OMNIPOINT COMMUNICATIONS (T-MOBILE), CASE 5.1121 — CONDITIONAL USE PERMIT TO INSTALL A SIXTY FOOT HIGH COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPALM AND FOUR EQUIPMENT CABINETS WITHIN A 540 SQUARE FOOT LEASE AREA LOCATED AT 3455 NORTH INDIAN CANYON DRIVE. FROM: David H. Ready, City Manager BY: Department of Planning Services 0 T,IA21:�'1 The City Council will consider a proposed sixty foot tall wireless communication antenna designed as a monopalm and 540 square foot lease area. The lease area includes a surrounding seven foot high wrought iron fence, four radio equipment cabinets and the monopalm. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1121, CONDITIONAL USE PERMIT APPLICATION TO INSTALL A SIXTY FOOT HIGH COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPALM AND FOUR EQUIPMENT CABINETS WITHIN A 540 SQUARE FOOT LEASE AREA AT 3455 NORTH INDIAN CANYON DRIVE, C-M / M-1 ZONE, SECTION 34, T3S, R4E." PRIOR ACTIONS: On August 21, 2006, the project was reviewed by the Architectural Advisory Committee and recommended approval to the Planning Commission by a vote of 5-0. ITEM NO. -1' City Council Staff Report Page 2 of 2 5.1121 CUP October 4, 2006 On September 13, 2006, the project was reviewed by the Planning Commission and recommended approval to the City Council by a vote of 5-2 (Hochanadel and Caffery against). STAFF ANALYSIS: The project consists of a Type II Conditional Use Permit (CUP) application to conditionally establish the use of a wireless communication antenna with the necessary findings, pursuant to Section 94.02.00 of the Palm Springs Zoning Ordinance. The proposed project would be located at 3455 North Indian Canyon Drive. A more detailed analysis is provided in the attached Planning Commission Staff Report dated September 13, 2006. Findings in support of approving the proposed project are included in the attached draft resolution of approval. FISCAL IMPACT: Finance Director Review: There is no cost to the City associated with the construction of the proposed wireless communications facility. ,f6ra-)@"AFwing, CP Dire Gtr of PI( ni g Services David H. Ready, City ffana Attachments: ZI `UU' X J Thomas Wilso , Assistant City Manager 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Site Plan and Elevations 4. Planning Commission Staff report dated 9/13/06 5. Planning Commission Minutes dated 0/13/06 (Excerpt) M",-52 (E) Department of Planning Services Vicinity Map �Az> v GUNS KU w z a z f F,ADIE R-- I I/ I 1 Legend ® Site 5DU Radius 5IS RCJ SA� RAFAE DR I z S S 7 CAATTn ;A�AfRIl H 1 HH 31IV, IV, 3-rRHH N vv+E S CITY OF PALM SPRINGS CASE NO.: 5.1121 CUP DESCRIPTION: Application. by Omnipoint Communications (T-Mobile) for a Conditional'Use Permit APPLICANT: OMNIPOINT COMMUNICATIONS to install a sixty foot commercial. communication antenna INC., A SUBSIDIARY OF T- designed as a monopalm and four equipment cabinets MOBILE USA at 3455 North Indian Canyon Drive, Zone C-M / M-1, APN 669-452-054- RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1121, CONDITIONAL USE. PERMIT APPLICATION, FOR OMNIPOINT COMMUNICATIONS, INC. TO INSTALL A COMMERCIAL COMMUNICATIONS ANTENNA SIXTY FEET (60') TALL DESIGNED AS A MONOPALM AND FOUR RADIO EQUIPMENT CABINETS AT 3455 NORTH INDIAN CANYON DRIVE, C-M / M-1 ZONE, SECTION 34, T3S, R4E. WHEREAS, Omnipoint 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 sixty foot (60') tall monopalm and a seven foot high wrought iron fenced lease area for four equipment cabinets located at 3455 North Indian Canyon Drive, C-M / M-1 Zone, Section 34; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit 5.1121 was given in accordance with applicable law; and WHEREAS, on September 13, 2006, a public hearing on the application for the project was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented, and has recommended that the City Council approve Case Number 6.1121; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1121, Conditional Use Permit, was given in accordance with applicable law; and WHEREAS, on October 4, 2006, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but,not limited to the staff report, and all written and oral testimony presented; and WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32 — In -Fill Development). . (DCu4 Resolution No Case 5.1121 — CUP October 4. 2006 Page 2 of 4 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The City Council finds that this Conditional Use Permit is categorically exempt from environmental assessment per Section 15303 (small new equipment) of the California Environmental Quality Act (CEQA) Guidelines. Section 2: Pursuant to Section 94.02.00 (B)(6) of the Palm Springs Zoning Code, the City Council makes the following findings: 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 Ordinance, a commercial communications antenna is authorized within the M-1 zone with the 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, General Plan Policy 8.2.6 states "The shared use of major transmission corridors and other appropriate measure shall be encouraged as a means of preserving the aesthetic resources of the City and to lessen the visual impacts of such development", the antenna will be located on a lot with another monopalm, which is of a similar industrial environment for the location of a wireless communication antenna monopalms. 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 communications antenna is on a large 2.3 acre site with minimum setback requirements being exceeded. 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 trips generated by the said use will be occasional maintenance traffic and adequate access, paving, and parking are presently provided on -site. 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. v �%5 Resolution No Case 5.1121 — CUP October 4, 2006 Page 3 of 4 Conditions to ensure the protection of public health, safety and general welfare are required to be fulfilled by the applicant for approval and include, but are not limited to, removal of antenna upon use -change or abandonment of the subject property and compliance with all Federal Airport Administration requirements. Section 3: The City Council approves Case Number 5.1121, Conditional Use Permit, subject to those conditions set forth in Exhibit A. ADOPTED THIS 4th day of October, 2006. David H. Ready, City Manager James Thompson, City Clerk 003 Resolution No. Case 5.1121 — CUP CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) October 4, 2006 Page 4 of 4 I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 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 October 4th 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California EXHIBIT A CONDITIONAL USE PERMIT 5.1121 OMNIPOINT COMMUNICATIONS (T-MOBILE) 3455 NORTH INDIAN CANYON DRIVE OCTOBER 4, 2006 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, 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. 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. 1a.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 5,1121 - CUP. 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 shalt 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. 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 may be granted by the Planning Commission upon demonstration of good cause. 0038 Conditions of Approval Case 5.1121 — CUP October 4, 2006 Page 2 of 3 3. If the communications antennae, monopole, monoplam or equipment building 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 Director of Planning Services for review and approval prior to installation- 4- If the technology regarding the communications antennae changes in where the antennae and/or equipment building 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 communication antenna shall be sixty feet (60'), as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the monopalm. 7. 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- 8- If the antenna is ever abandoned or if this Conditional Use Permit ever expires, the antenna shall be removed within 30 days. 9. Manufacturer's cut sheets of the proposed antennae shall be submitted to the Director of Planning Services prior to the issuance of permits for installation of the commercial communications antennae. 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 Director of Planning Services 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.The applicant shall comply with the requirements of the Federal Aviation Administration. 0011'19 Conditions of Approval October 4, 2006 Case 5.1121 — CUP Page 3 of 3 12.The City may require one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of the tower as deemed necessary by the Federal Aviation Administration, Director of Aviation, and the Director of Planning Services. 13.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 14. Developer shall 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. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Numbers shall be a minimum 4 inches, and of contrasting color to the background. 17. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is along the path of exit travel or near an exit door. Extinguishers located outdoors must be installed in weather and vandal resistant cabinets approved for this purpose. 18. Emergency Key Box: Knox key box(es) are required. Box(es). shall be mounted at 6 feet above grade. Show location of box(es) on plan elevation views. Show requirement in plan notes. Contact the Fire Department at 760- 323-8186 for a Knox application form. (902.4 CFC) ENGINEERING DEPARTMENT 19. None. CD T • •Mobile• SITE NUMBER: IE04769A SITE NAME: ALL VALLEY STORAGE SITE TYPE: RAW LAND PROJECTSLIMMARY. I SHEET[NDIM r 'CP�� �. '15�. L PfSL'-E•ln' 5,5-„22 t - .1 a IUI:IEw •cR[Xmv14N .xcSCr yWlic c� r m l-.[[ _imi,m R RIn v.IInI.Fr- Jn w]E 41],[LO rL, COMSULTINGTEAM: wry iva�Infrncu i rn.:errcil� LV .v Ml Vf_ '.n ? to 9i[ 5 n�N pV.hrs 9E _weev4rA `I.a1Re1L t�'+x�x '�ius:u Li 569 :sv ii�u`ui 'I-ch , 0,11 W� X�11Mc, u] IN rra V..pwiA u..[.] ]LL,� ••rrt. s1-3 '1-1 tSl'' vo 1: 5111 APPROVALS _ '_tee. -x`p-•n„pry �-rs: E 1[�] RT Ii�N [,'�� 0 vir NyYL Ap VLVIPY: L^iril V�r Y.¢L PaIT !:AIrr�3s u�l.a: rf�sC LL'ILILR) P.4LCLV1 UCR LE W- Nc Cml=_T R's. FWAIT V:F $9 R. FN:IILLF Pr 31CIA_CR OPERA-It4s 54L F-r CITY: PALM SPRINGS COUNTY: RIVERSIDE COUNTY JURISDICTION: PALM SPRINGS V[C3NITYMAP: YRHOO,, I ��ia c'n�[,ouvc arwnc.m av "�o.m{n �[o-P�PLIcnaLE coaEs l� Vihr� 1 PrT r�xwn o [ru, ,wWa dZ a [ 0.vAp 25� POWER 4TELC0 II TI LRTCONTACTS W : —r$ [EQ4769A S0293 - ALL VALLEY STORAGE Ob!N.0.iVN KN rU211 VnAIN00. 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[42 � uxwv 9I lIO- � { I nmv:a YN11 [[O"• @E1 YF a E rxu 92 Y_ IED4769 ALL VA —LEY STORAG— aP er_ 7-il 'Foil 1.7 Pla 4V ff34 S Cr 91201 it LTLPO:RAFHIC WR'WY G15 E•Lllr53 ` 14E� I F+ sm 44a: 2OF 2I C-2 I NOTES: °"gT • •Mobile ol © „�.� w•,y;_-�� �'�*- -- - - � NATIONAL I �� °�i.#��iF1 I• � nma y`I I Q v' If Cl) Z •ra=,�' � � o I f n - LEAS AREA -- lE047B9A SC293 - ALL VALLEY STORAGE i �r. 1. y �r-� • a.a. N. lNDo c vm« DM {j� �.11A[6P1,14p�•G piS61 SITE PLM SITE PLAN A_ 1 C..7_ R I �I/ ENLARGED SITE PLAN.'. T • •Mobile x NATIONAL I I IED4769A S 0293 - ALL VALLEY STORAGE wu��u ti ul cun�non. ENLARGED SITE PLAIT A-2 NORTH ELcVATI&i 43 WEST ELEVATION Y�—h., LI =-r I ! T' I:Clil�'•I' ;�I';i i:l'lll• llII �T- — v-i..1°_-e � ii I � ��.�i��•I I� � I i' lilll'•111II 'III::—�a,..nu., �,.,. ia. ,.: I ! {] 3:, ..�,j.�j� I� :I Iii. i� i• �,l i`=- _ _— _ Y�II�II III'i�' T • •Mobilew fVAT10M11AL IED4769A SC293 - ALL VALLEY STORAGE .. IN o 0 ARCHRECTURA! ELEVATIONS A-3 dill .I;•;:I, II :. rI.,u • . :;•III !1161 s I!; . ! ..I I. SOUTH ELEVATION EAST ELEVATION I� ii II �! I• T • .Mobilew NATIONAL - -- - Fly _ ill .ITS I �I IIWi II11 I'IIII II R� 1. ffi� ,i I I IE04769A SC293 - ALL 3 VALLEY STORAGE , ARCIATECTURAL •.,�-�; .,, Ij ELEVATIONS 2 A-4 CC5)�'ePAZM�urnR�'�PLANNING COMMISSION STAFF REPORT �11 Date: September 13, 2006 Case No.: 5.1121 - CUP Type: Conditional Use Permit Location: 3455 North Indian Canyon Drive APN: 669-452-054 Applicant: Omnipoint Communications Inc. a subsidiary of T-Mobile USA General Plan: IND (Industrial) Zone: M-1 (Service ( Manufacturing) From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: David A. Newell, Assistant Planner PROJECT DESCRIPTION: The application is a request by T-Mobile, lessee of Robert Slettedahl Trust (Owner), for a conditional use permit for the installation of a sixty foot high wireless communication antenna designed as a monopalm, four equipment cabinets, and a seven foot high wrought iron fence. RECOMMENDATION: That the Planning Commission recommend approval to the City Council for a Conditional Use Permit to allow the installation of a sixty foot tall commercial communication monopalm located at 3455 North Indian Canyon Drive; M-1, Zone, Section 34. 01 Pf'9 Planning Commission Staff Report Case 5 1121 — CUP PRIOR ACTIONS: September 13, 2006 Page 2 of 5 On August 21, 2006, the Architectural Advisory Committee reviewed and voted (6-0) to recommend approval of the proposed project as submitted. BACKGROUND: T-Mobile ("the applicant"), lessee of Robert Slettedahl Trust ('owner"), has submitted an application for a Type II Conditional Use Permit. The applicant has secured a Letter of Authorization with the owner to proceed with the Type II Conditional Use Permit application. The project site is a flat, previously developed interior lot fronting on North Indian Canyon Drive with Oasis Road to the north, San Rafael Road to the south, and McCarthy Road to the East. There are currently three buildings on the property and there is an existing forty-seven foot high monopalm antenna on the north-westerly portion of the site. The proposed wireless communication antenna is designed as a monopalm with artificial palm fronds and a textured trunk. The proposal also includes four radio equipment cabinets and a seven foot tall wrought iron fence all contained within a 640 square foot (18' x 30') lease area at the south-westerly corner of the site. Table 1: Adjacent land zones and land uses: General Plan Zoning I Existing Land Uses North GC M-1 Vacant and Construction / Manufacturing Services South GC M-1 Industrial and Single Family East GC C-M Commercial and Industrial West GC M-1 Commercial and Industrial ANALYSIS: Ce]�►1q.7.1���G1�A The General Plan designation of the subject site is GC (General Commercial). The General Plan does not specifically regulate the installation and operation of wireless communication facilities; however, General Plan Policy 8.2.6 states "The shared use of major transmission corridors and other appropriate measure shall be encouraged as a means of preserving the aesthetic resources of the City and to lessen the visual impacts 01 1! �.9 Planning Commission Staff Report September 13, 2006 Case 5.1121 -CUP Page 3 of 5 of such development, the antenna will be located on a lot with another monopalm, which is of a similar industrial environment for the location of a wireless communication antenna monopalms. Therefore, staff believes the use as proposed is compatible with this designation. ZONING ORDINANCE: The zoning designation is M-1 (Service Manufacturing), and the use is permitted with the approval of a Type II Conditional Use Permit, pursuant to Sections 94.02 and 93.08 of the Palm Springs Zoning Orndinance (PSZO). DEVELOPMENT STANDARDS: Section 93.08.03(A)(2)(c)(i) of the PSZO regulates height and placement of antennas: "In areas zoned M-1, no part of the antenna structure shall extend to a height of more than sixty (60) feet above the ground level." This zone does not require setbacks for the antenna. Therefore, the proposed height of sixty feet and location is in compliance. Table 2: Antenna development standards: Height (feet) Front Yard Setback Side (North) Yard Setback Side (South) Yard Setback Rear Yard Setback ARCHTECTURE REVIEW: 93.08.03(A)(2)(c)(i) Requirements 60 0 feet 0 feet 0 feet o feet Proposed Project _(aPProx.) 60 460 feet + 140 feet + 16 Feet + 140 feet + The applicant has submitted elevations of the proposed monopole and how it would appear in the surrounding area. Based on staff visits to the site, the elevations, and the current industrial environment, staff believes that the proposed monopole is in character with its surroundings_ AIRPORT REQUIREMENTS: The Palm Springs Airport staff was consulted regarding the proposed project_ and its location. The Airport staff requested that the applicant contact the FAA to have an airspace study completed for concern that the proposed antenna structure may encroach into the air space around the airport. The applicant forwarded -the relevant information to Planning Staff and it was determined by the FAA that the monopole does not exceed obstruction standards and would not be a hazard to air navigation. There were no further comments from the Airport staff. o, n— M Planning Commission Staff Report Case 5.1121 - CUP REQUIRED FINDINGS: September 13, 2006 Page 4 of 5 The request is subject to the required findings of a Conditions Use Permit as contained in Section 94.02.00 of the PSZO. Staff has analyzed the request in light of the findings as follows: 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 Ordinance, a commercial communications antenna is authorized within the M-1 zone with the 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. General Plan Policy 8.2.6 states "The shared use of major transmission corridors and other appropriate measure shall be encouraged as a means of preserving the aesthetic resources of the City and to lessen the visual impacts of such development". The antenna will be located on a lot with another monopalm, which is of a similar industrial environment for the location of a wireless communication antenna monopalms. 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 communications antenna is on a large 2.3 acre site with minimum setback requirements being exceeded. 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 trips generated by the said use will be occasional maintenance traffic and adequate access, paving, and parking are presently provided on -site. l»°M Planning Commission Staff Report Case 5.1121 -CUP September 13, 2006 Page 5 of 5 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. Conditions to ensure the protection of public health, safety and general welfare are required to be fulfilled by the applicant for approval and include, but are not limited to, removal or antenna upon use -change or abandonment of the subject property and compliance with all Federal Airport Administration requirements. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15332 (Class 32 - In -Fill Development) of the California Environmental Quality Act (CEQA). NOTIFICATION: A notice was mailed to all property owners within a four hundred (400) foot radius in accordance with state law. CONCLUSION: Staff recommends that the Planning Commission recommends approval to City Council to approve Conditional Use Permit No. 5.JD85 subject to the findings and conditions set forth in Exhibit A of the resolution. irz I avid A. well Assistant Planner -- atg ing� Al Direc r of Plan ng ervices ATTACHMENTS- - 500' Radius Map - Draft Resolution and Conditions of Approval - Site Plans - Elevations Plan - Letters received wY7� 2 City of Palm Springs Planning Commission Minutes of September 13, 2006 4. Case 5,1121 CUP - An application by Omnipoint Communications Inc., a subsidiary of T-Mobile for a Conditional Use Permit to install a sixty foot commercial communication antenna designed as a monopalm and four equipment cabinets within a 640 square foot lease area located at 3455 North Indian Canyon Drive, Zone M1, Section 34, APN 669-452-054. (Project Planner: David Newell, Assistant Planner) Assistant Planner, David Newell, gave background information as outlined in the staff report dated September 13, 2006. David Newell reported an error on page 5 of the staff report which should read, " ... to approve Conditional Use Permit 5.1121 ... " Chair Marantz opened the Public Hearing portion of the meeting Kris Sanders, representing T-Mobile, answered questions from the Commission. Marcie Brown, representing T-Mobile, gave additional information and indicated that they are in compliance with the Conditions. 'there being no further appearances, the Public Hearing was closed. Commissioner Caffery stated his concern with the high number of cell towers in manufacturing zones and the unwillingness of companies to share with other carriers; therefore creating an overabundance of cell towers. Vice Chair Hochanadel requested an overlay map indicating the location of all the existing cell towers. Commissioner Cohen reiterated the importance of the request for a map indicating the Location of existing cell towers. P✓I/5/C (Hutcheson/Cohen, 5-2Nice Chair Hochanadel/ CafFery) To recommend approval to City Council, subject to Conditions of Approval. C 3 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.1121 CONDITIONAL USE PERMIT OMNIPOINT COMMUNICATIONS INC. A SUBSIDIARY OF T-MOBILE USA 3455 NORTH INDIAN CANYON DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of October 4, 2006. The City Council meeting begins at 6:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an application by Omnipoint Communications (T-Mobile) for a Conditional Use Permit to install a sixty foot commercial communication antenna designed as a monopalm and four equipment cabinets within a 540 square foot lease area at 3455 North Indian Canyon Drive, Zone C-M / M-1. ENVIRONMENTAL DETERMINATION. This project is categorically exempt from environmental review pursuant to Section 15332 (Class 32 — In -Fill Development) of the California Environmental Quality Act (CEQA). REVIEW OF PROJECT INFORMATION: The proposed application, site plan and related documents are available for public review at City Hall between the hours of 8:00 a.m. and 3:00 p.m. Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2j). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to David Newell, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carta, portavor Ilame a la Ciudad de. Palm Springs-y puede hablar con Nadine Fieger telefono (760) 323-8245. es Thompson, City Cle k (D Department of Planning Services Vicinity Map L�a �Cla S Jt RL7 I I w a z I/ I ICI "VKFN—S�'fcf2—RB--' \ I SAK7`j RAEL DI Legend ® site 500' Radius CASE NO.: 5.1121 CUP a 7 X SA� RAFAEI� �Y N W+E S l 5A—N FUP tL RD f CITY OF PALM SPRINGS APPLICANT: OMNIPOINT COMMUNICATIONS INC., A SUBSIDIARY OF T- MOBILE USA DESCRIPTION:. The purpose of the hearing is to consider an application by . Omnipoint, Communications (T-Mobile) for a .Conditional Use Permit to install a sixty foot commercial communication antenna designed as a monopalm and four equipment cabinets within a 540 square foot lease area at 3455 North Indian Canyon Drive, Zone C-M / M-1, APN 669-452-054. PROOF OF PUBLICATION (2015.5.C.C.P) STATE OF CALIFORNIA County or Riverside I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen yearb, and not a party to or interested in the above -entitled matter. 1 am the principal clerk of a printer of the, DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California under the dale or March 24, 1988. Case Number 191236; that the notice, of which the anocxcd is a printed copy (set in type not smaller than non pariel, has been published in each regular and entire issue of bald newspaper and not in any supplement thereof on the following dates, to wit: September 23"I, 2006 All in the year 2006 I certify (or declare) under penalty of perjury that the foregoing Is true and correct. Paled at Palen Springs, California this --- 26"', ---- day of ---------- ..I Jul tii� CV —7- LQ r 2006 This is space Ibr Coumy Clirk's Piling Slmllp No. 3040 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.1121 CONDITIONAL USE PERMIT OMNIPOINT COMMUNICATIONS INC. A SUBSIDIARY OF T-MOBILE USA 3455 NORTH INDIAN CANYON DRIVE NOTICE IS HEREBY GIVEN thar Inc. City. Council of the City or Palm Sprinpps, California, will hold a public he)png at ns meeting of Comber 4, 2006. the Cty Council mec tmre�t begins y 6.00 p.m. in the Council Chamber at Clty Plull, 3200 Easr Toh- qulm Canyon Way Palm Springs. The purpose of the hearing i^ to consider an ap- ppllcatlor) byy Omnlpoml Communlcsionz (f-Mo- bilet for a Conditicnal Use Permit to install a sixty fool commerce:d communication anrenn3 dc- signed as a monopaim and four equipment cabl- ners within a 540 sgpnrc foot lease area at 3455 North Indlan Canyon Drive Torte C-M / M-1, r li�'�lil I -.jell /\I •',' l_L III -F- ENVIRONMENTAL DETERMINATION: This pro. leor Is categorically exempt from envlronmontal review pprsuanr to Seaton 153S2 (Cla•,s 32 - In - Fill Development of the Calllorniu Environmental Quality A°i (MAJ. REVIEW OF PROJECT INFORMATION: The pro- posed .application, site phn and related docu- Menl- are avallable for public revir.w at City Hall between the hours off8,00 a m. and 3:00 p m, oeeFro D1S2atueof thCiryClrk11 W100)23804ifyoOff,, like to schedule an appolnunt-irt to review lhwa' document., COMMENT ON THIS APPLICATION: Respanao to this notice may be mode verbally ar the Public Nuanng and/or h1 writing before the hoarinr� Wrd- tcn cog may be made to the City gouncil by letter (for mall or hand delivery) to: James Thompson Cdy Clerk 3200 E. Tahquhz Congn Way Palm Springs, CA J2262 Any challenge of the proposed protect In court may be limited to raising those Issues live only raised at public hearing described in this norice, or in written correspondence drkvared to the City Clerk at, or prior, ro the ppublic hearing. (Govern- ment Cade Section 65009[b][2]). An oppoilurnly will be given at said hearing for all Interestud persons to be heard. CuesTions regard- v V, ing this case may be dlrecjed to David NnWall, Planning 5crvices Department at (760) 323-324S. $1 hccoslta ayuda Con esta cart,, perfavor Ilame G Ciudad nuteop(0puede 4ablar conNal Fiager lelrto75) =-8245 James ThOmpson, City CIcrG 1•ubtiyhod: 0/23/2006 �ppLM Sa City ®f Palm Springs F 1y\\Y^ c Y U +' N x Office of the City Clerk * ryC0#1OR'lip ,gae k 3'00 C. Tahqui[z Cauyun w.y • Palm Springs, Cnlifornm 92262 C /PORE %P Tel; i760) ;23-8204 R Fax (760) 3'--tf,i32 • \tieb! ww.v.c(.palm-Sprmgc.Ca.us q� AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing, to consider an application by Omnipoint Communications (T-Mobile) for a Conditional Use Permit to install a sixty foot commercial communication antenna designed as a monopalm and four equipment cabinets within a 540 square foot lease area at 3455 North Indian Canyon Drive, was mailed to each and every person set forth on the attached list on the 22nd day of September, 2006, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (81 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 22t' day of September, 2006. AMES THOMPSON City Clerk lkdh H =U RS%C-CLKWearing Notices�A.f idavit-T-Mobile 100406.doo OPZC� Post Office Box 2743 0 Palm Springs, California 92263-2743 N-9EIGHBORHOOD COALITION REPS Case 5.1121 CUP MS APRIL HILDNER MR TIM HOHMEIER Omnipoint Communications, Inc. (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES) CC Meeting on 10.04.06 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA PALM SPRINGS CA 92264 PALM SPRINGS CA 92264 MS ROXANN FLOSS (BEL DESIERTO NEIGHBORHOOD) 930 CHIA ROAD PALM SPRINGS CA 92262 MS DIANE AHLSTROM (MOVIE COLONY NEIGHBORHOOD) 475 VALMONTE SUR PALM SPRINGS CA 92262 MR BOB DICKINSON VISTA LAS PALMAS HOMEOWNERS 755 WEST CRESCENT DRIVE PALM SPRINGS CA 92262 MS LAURI AYLAIAN HISTORIC TENNIS CLUB ORG 377 WEST BARISTO ROAD PALM SPRINGS CA 92262 VERIFICATION NOTICE 1 1 1 AGUA CALIENTE BAND OF CAHUILLA INDIANS I 1 1 5PONSORS_.1.1 1 MS KRIS SANDERS HANNAH CONSULTING, INC. 2600 S. PALM CANYON, SUITE 43 PALM SPRINGS, CA 92264 MR JOHN HANSEN (WARM SANDS NEIGHBORHOOD) PO BOX 252 PALM SPRINGS CA 92263 MR BOB MAHLOWITZ (SUNMOR NEIGHBORHOOD GROUP) 246 NORTH SYBIL ROAD PALM SPRINGS CA 92262 MR BILL SCOTT (OLD LAS PALMAS NEIGHBORHOOD) 540 VIA LOLA PALM SPRINGS CA 92262 MODCOM AND HISTORIC SITE REP I I I CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT ATTN SECRETARY PO BOX 2743 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA INDIANS 777 E TAHOUITZ CANYON WAY, STE. 3 PALM SPRINGS CA 92262 MS MARCIE BROWN T-MOBILE USA T-MOBILE USA 3 IMPERIAL PROMENADE, SUITE 1100 SANTA ANA, CA 92707 MS MALLIKA ALBERT (CHINO CANYON ORGANIZATION) 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 MS PAULA AUBURN (SUNRISE/VISTA CHINO AREA) 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 MR SEIMA MOLOI (DESERT HIGHLAND GATEWAY EST) 359 WEST SUNVIEW AVENUE PALM SPRINGS CA 92262-2459 MR PETE MORU771 PALM SPRINGS MODERN COMMITTEE PO BOX 4738 PALM SPRINGS CA 92263.4738 CASE 5.1121 CUP MRS. JOANNE BRUGGEMANS 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92262 MR ROBERT SLETTEDAHL ALL VALLEY DOCUMENTS 3455 N. INDIAN CANYON DRIVE PALM SPRINGS, CA 92262 ee- 504 103 006 COVINGTON DEV INC 10585 Bloomfield St Los Alamitos CA 90720 504121 003 Vincent & Amalia Piscopo 33210 Cathedral Canyon Dr Cathedral City CA 92234 504 121 001 COVINGTON DEV INC 10585 Bloomfield St Los Alamitos CA 90720 504 121 010 Khalil Allabouni 2105 N Roberto Dr Palm Springs CA 92262 669 330 031 669 330 038 PALM SPRINGS VILLAGE 309 LLC Scott Whitney 7979 Ivanhoe Ave #550 1551 Chambers Rd La Jolla CA 92037 Aurora CO 80011 669 443 005 Shadwick 5157 Lomita Dr Yucca Valley CA 92284 669 444 001 Mario Berardi PO Box 2487 Palm Springs CA 92263 669 444 004 A Kendell Oulie 1508 Roscomare Rd Los Angeles CA 90077 669 444 007 James & Bigley 322 E Desert Willow Cir Palm Springs CA 92262 669 443 006 Frank & Lorna Burgess PO Box 54 Banning CA 92220 669 444 002 MAGID INC PO Box 2487 Palm Springs CA 92263 669 444 005 Alejandro Aguilar 1281 N Gene Autry Trl #N Palm Springs CA 92262 669 444 008 Christopher Neil 15971 Cottonwood Dr White Water CA 92282 669 444 012 1 1 669 444 0 LILY OF VAL CHURCH OF GOD IN C Janice del 200 W Oasis Rd 259 Camino Real Palm Springs CA 92262 P m Springs CA 92264 669 451 001 Gonzalo & Josefina Mendoza 2 Channel Ct Rancho Mirage CA 92270 669 451 004 Gonzalo & Josefina Mendoza 2 Channel Ct Rancho Mirage CA 92270 504 121 002 FRANK HOMES INC 26862 Bridlewood Dr Laguna Hills CA 92653 669 330 016 PALM SPRINGS VILLAGE 309 LLC 1 7979 Ivanhoe Ave #550 La Jolla CA 92037 669 443 001 Frank & Lorna Burgess PO Box 54 Banning CA 92220 669 443 007 Frank & Lorna Burgess PO Box 54 Banning CA 92220 669 444 003 Mario Berardi PO Box 2487 Palm Springs CA 92263 669 444 006 TMG RENTAL CO 2772 N Farrell Dr Palm Springs CA 92262 669 444 011 LILY OF VAL CHURCH OF GOD IN 190 W Oasis Rd Palm Springs CA 92262 669 444 014 James Casteel 180 E Oasis St Blythe CA 92225 669 451 005 1 Michael & Cindy Ann ArcarQ 2277 N Milo Dr Palm Springs CA 92262 669 452 006 669 452 009 1 1 669 452 012 Kenneth Hoffmann Robert Woods I Eric Piza 1505 Sunflower Cir N 301 Del Sol Rd 697 W Las Vegas Rd Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262 0 669 452 013 669 452 016 669 452 017 Gary Jacobs Linda Dalessio Linda Dalessio 49494 Elm St 3303 E San Martin Cir 3303 E San Martin Cir MOrongo Valley CA 92256 Palm Springs CA 92264 Palm Springs CA 92264 669 452 022 669 452 024 669 452 025 Robert & Alice Slettedahl Robert Woods E Bell Ents David 3055 112th Ave NE 9210 301 Del Sol Rd 2320 N Sunrise Way Bellevue WA 98004 Palm Springs CA 92262 Palm Springs CA 92262 669 452 026 669 452 027 669 452 028 Robert Woods Darah Emmons SHTO LLC 301 Del Sad Rd PO Box 381 PO Box 18037 Palm Springs CA 92262 Rancho Mirage CA 92270 Beverly Hills CA 90209 669 452 029 669 452 030 669 452 031 Mario Berardi Mario Berardi John & Florence Miller PO Box 2487 PO Box 2487 4411 E Sunny Dunes Rd Palm Springs CA 92263 Palm Springs CA 92263 Palm Springs CA 92264 669 452 032 669 452 033 669 452 034 Maria Berardi Michael & Sandra Sirelson MAGIO INC PO Box 2487 954 W Via Olivera PO Box 2487 Palm Springs CA 92263 Palm Springs CA 92262 Palm Springs CA 92263 669 452 035 669 452 036 669 452 037 Genaro & Gloria Delarosa Abdon Figueroa Abdon Figueroa 2388 N Sandra Rd PO Box 2487 PO Box 2487 Palm Springs CA 92262 Palm Springs CA 92263 Palm Springs CA 92263 669 452 038 669 452 040 669 452 041 Greg & Carrie Murphy SHTO LLC Samuel Hinkle 166 W San Rafael PI PO Box 18037 PO Box 4005 Palm Springs CA 92262 Beverly Hills CA 90209 Blue Jay CA 92317 669 452 048 669 452 052 669 452 053 DESERT WATER AGENCY Donald Hetrick Robert & Alice Slettedahl PO Box 1710 145 W Oasis Rd 3055 112th Ave NE #210 Palm Springs CA 92263 Palm Springs CA 92262 Bellevue WA 98004 669 452 054 669 452 055 669 452 057 Robert & Alice Slettedahl i GILMOND CONST INC Mario Berardi 3055 112th Ave NE #210 1065 E San Jacinto Way PO Box 2487 Bellevue WA 98004 Palm Springs CA 92262 Palm Springs CA 92263 669 452 058 669 452 061 669 452 062 Mario Berrardi Robert & Barbar Trout Woods Khalil Ailabouni PO Box 2687 301 DEL SOL RD 2105 N Roberto Dr Palm Springs CA 92263 PALM SPRINGS CA 92262 Palm Springs CA 92262 _ Cam. 5 • i/ � 1 Cu. �' 0 669 452 063 669 452 064 669 452 065 Khalil Ailabouni Nevrig Mazmanian Mario Berardi 2105 N Roberto Dr 333 Del Sol Rd PO Box 2487 Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92263