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HomeMy WebLinkAbout7/1/2009 - STAFF REPORTS - 1.A. ;o?ALM Sp4 ry V N � ryro��oxeieo Y� c9`'FORa0P CITY COUNCIL STAFF REPORT DATE: July 1, 2009 PUBLIC HEARING SUBJECT: ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC, APPLICATION FOR A CONDITIONAL USE PERMIT AND VARIANCE TO INSTALL A 60 FOOT TALL COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPALM AT 1776 NORTH PALM CANYON DRIVE, CASE 5.0902-C AND 6.516. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a proposed sixty foot high wireless communication antenna designed as an artificial palm tree (monopalm) at 1776 North Palm Canyon Drive. The project is also seeking a Variance approval to exceed the maximum antenna height of forty-one feet and to reduce the rear and side yard setbacks. The request includes the addition or four equipment cabinets surrounded by a six-foot high wrought iron fence and the planting of three live palm trees for screening purposes. Staff has noticed this meeting for a public hearing. 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 CONDITIONAL USE PERMIT 5.0902-C TO INSTALL A SIXTY FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED AS AN ARTIFICIAL PALM TREE AND VARIANCE. 6.516 TO EXCEED MAXIMUM ANTENNA HEIGHT AND REDUCE THE ANTENNA SETBACK REQUIREMENTS FOR THE PROPERTY LOCATED AT 1776 NORTH PALM CANYON DRIVE." ITEM NO. City Council Staff Report July 1, 2009— Page 2 5,0902 CUP-C/6,516 VAR— Royal Street Communications PRIOR ACTIONS: On May 26, 2009, the Architectural Advisory Committee (AAC) reviewed the proposed project and by a vote of 3-2-1 (O'Donnell & Hudson against; Ortega absent) recommended approval with the following comments: 1. Live and artificial palm trees should be the same species type. 2. Trees should range between 20 and 40 feet in height. 3. If Mexican Fan Palm is used, tree barks should be skinned. 4. If Date Palm is used, tree barks should be diamond cut. 5. Plant 15-gallon Pyracantha 12-feet on center adjacent to exterior of new wrought iron fence. The applicant agreed to comply with these comments and has incorporated them into the revised plans. On June 10, 2009, the project was reviewed by the Planning Commission and recommended approval to the City Council by a vote of 4-1-1 (Conrad against / Caffery absent). BACKGROUND AND SETTING: Royal Street Communications California, LLC, agent for Doug Jones, 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 facility is proposed to be sixty-feet in height and located at the northeast corner of the site. Two similar facilities at comparable heights exist currently on the site. One of these facilities is located approximately thirty-five feet west of the proposed monopalm; the other facility is on the southwest corner of the site. The proposed wireless communication antenna is designed as a monopalm with artificial palm fronds and a textured trunk which most closely resembles a Mexican Fan Palm. The proposal also includes the placement of four mechanical equipment cabinets surrounded by a new six foot high wrought iron fence. Table 1: Adjacent General Plan Designations, Zones and Land Uses: General Plan Zoning Existing Land Uses North TRC C-1 / R-3 Restaurant South TRC C-1 / R-3 Restaurant & Gas Station East TRC R-3 Hotel West TRC C-1 Hotel City Council Staff Report July 1, 2009-Page 3 5.0902 CUP-C/6.516 VAR- Royal Street Communications STAFF ANALYSIS: The General Plan designation of the subject site is TRC (Tourist Resort Commercial). The General Plan does not specifically regulate the installation and operation of wireless communication facilities; however, staff has determined that the use as proposed is compatible with this designation as it supports the tourist and resident population needs. The site is split zoned C-1 (Central Retail Business Zone) on the west portion and R-3 (Multi-Family & Hotel Zone) on the east portion. The proposed monopalm is located within the R-3 portion of the site and the use is permitted with the approval of a Type II Conditional Use Permit, pursuant to Sections 93.08.00 and 94.02.00 of the Palm Springs Zoning Cade (PSZC). Table 2 below displays the PSZC's development standards and the proposed project's development standards: Table 2: Antenna Development Standards and Proposed Project 93.08.03(A)(2)(c)(iii) Proposed Project Requirements (approx.) Height (feet) 25 + principal building height = 60 41 feet maximum Front West Yard Setback 60 feet 224 feet Side North Yard Setback 60 feet 9 feet Side South Yard Setback 60 feet 8 feet Rear East Yard Setback See Front Yard Setback 25 feet Antenna Height Pursuant to Section 93.08.03(A)(2)(c)(iii) of the PSZC, `No part of the antenna structure shall extend to a height of more than twenty-five (25) feet above the highest point of the roof of the principal building on the property." The height of the existing commercial building is approximately sixteen feet, which would allow an antenna height of forty-one feet. The monopalm is proposed at sixty feet in height, which includes the antennas at fifty-six feet in height and four additional feet for the artificial palm fronds. The applicant has submitted a variance application to allow the antenna at its proposed height. Findings in support are found in the draft resolution. Setback Pursuant to Section 93.08.03(A)(2)(c)(iii) of the PSZC, "antennas, exceeding six (6) feet in height, shall not be located within required setback areas..." As shown in Table 2 above, the, proposed antenna is located in the rear yard setback and both side yard setbacks. Therefore, the applicant has submitted a variance application to allow the antenna at its proposed location. Findings in support are found below in the Required Findings portion of the draft resolution- 3 City Council Staff Report July 1, 2009-Page 4 5.0902 CUP-C/6.516 VAR-Royal Street Communications Variance Analysis A special circumstance applicable to the subject property must exist which is not considered a special privilege when approving variances. With regards to the height request, the subject property is surrounded by development and landscaping that would inhibit transmission of an antenna at forty-one feet in height. Diagrams supporting this have been provided which displays coverage at the maximum antenna height permitted and the proposed antenna height. With regards to the setback requests, the property is an oddly shaped through lot with a narrow leg of approximately nineteen feet in width that connects to Indian Canyon Drive. Since the development has two monopalms with similar setbacks that are sixty feet in height, the strict application of the Zoning Code would deprive the subject carrier of privileges enjoyed by other carriers in the vicinity. Further analysis is found in the attached Planning Commission staff report, and staff has provided recommended findings in the attached draft resolution of approval. Conditional Use Permit Analysis The request is subject to the required findings of a Conditions Use Permit as contained in Section 94.02.00 of the PSZC. The findings require that the use is properly one for the said location, is necessary or desirable for the development of the community and is not detrimental to existing uses or to future uses in the zone. Pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Ordinance, a commercial communications antenna is authorized within the R-3 zone with the approval of a Type II Conditional Use Permit. The development of adequate cellular phone levels of services serves the ultimate benefit of the community. The antenna will be located on a lot with two other monopalms, which are of a similar environment for the location of wireless communication antenna designed as an artificial palm tree. Many live trees exist in the area and will help soften the antenna's appearance. Further analysis is found in the attached Planning Commission staff report, and staff has provided recommended findings in the attached draft resolution of approval. CONCLUSION: The applicant has submitted photographs of the existing site and simulations of how it would appear in the current visual environment with its surroundings. These simulations depict the proposed monopalm, four equipment cabinets and a six fool high wrought iron fence around the lease area. Based on visits to the siLe and review of the elevations, staff believes that the proposed monopalm together wilh the existing and proposed live palm trees will have a minimal visual impact. Findings in support of approving the proposed monopalm have been made by the Planning Commission and are included in the attached draft resolution of approval. J `� City Council Staff Report July 1, 2009— Page 5 5.0902 CUP-C/ 6.516 VAR— Royal Street Communications FISCAL IMPACT: There is no cost to the City associated with the construction of the proposed wireless communications facility. Ig g, AICP Thomas J. W'Son, Dir t f Planning dvices Assistant City Manager David H. Ready, City Manager Attachments: 1. Vicinity Map 2. Draft Resolution with Conditions of Approval 3. Site Plan and Elevations 4. Planning Commission staff report dated 6/10/09 5, Planning Commission minutes dated 6/10/09 (excerpt) 6. Variance Height Study UU w Department of Planning Services WE Vicinity Map S r w ' a n l ti z 1 I a r } ti of z S � y d Ei A Y Z m J VISTA CHINO VISTA CHINO VISTA CHINO VISTA CHINb w a �6J O U U Legend I r��7 -- I•'�+ `i Site �400 radius 0.' -- ..__ 0 CITY OF PALM SPRINGS CASE NO: 5.0902-C CUP DESCRIPTION: The purpose of the hearing is to 6.516 VAR consider an application by Royal Street Communications California, LLC, for a Conditional APPLICANT: Royal Street Communi- Use Permit to install a sixty foot tall commercial cations, LLC communication antenna designed as a monopalm and a Variance to exceed the maximum antenna height permitted (forty-one feet) and reduce rear and side yard setback requirements for the property located at 1776 North Palm Canyon Drive, Zoned C-1 & R-3. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 5.0902-C TO INSTALL A SIXTY FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED AS AN ARTIFICIAL PALM TREE AND VARIANCE 6.516 TO EXCEED MAXIMUM ANTENNA HEIGHT AND REDUCE THE ANTENNA SETBACK REQUIREMENTS FOR THE PROPERTY LOCATED AT 1776 NORTH PALM CANYON DRIVE. WHEREAS, Royal Street Communications California, LLC ("Applicant") has filed an application with the City pursuant to Section 94.02.00 and Section 94.06.00 of the Palm Springs Zoning Code (PSZC) for the installation of a sixty foot high commercial communications antenna designed as an artificial palm tree and a fenced area for equipment cabinets located at 1776 North Palm Canyon Drive, C-1 / R-3 Zone, Section 3; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit 5.0902-C and Variance 6.516 was given in accordance with applicable law; and WHEREAS, on June 10, 2009, a public hearing on the application for Conditional Use Permit 5.0902-C and Variance 6.516 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on June 10, 2009, the Planning Commission recommended approval of Conditional Use Permit 5.0902-C and Variance 6.516 to the City Council; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the application for Conditional Use Permit 5.0902-C and Variance 6.516 was given in accordance with applicable law; and WHEREAS, on July 1, 2009, a public hearing on the application for Conditional Use Permit 5.0902-C and Variance 6.516 was held by the City Council in accordance with applicable law; 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) of the California Environmental Quality Act (CEQA); and Resolution No, Page 2 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 presented. 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 review pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA). SECTION 2. State law requires four (4) findings be made for the granting of a variance. Pursuant to the procedure set forth in Section 94.06.01 of the Zoning Code, the City Council finds as follows: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification, Height: The subject property is surrounded by developments that contain buildings and landscaping that exceed heights of twenty-four feet. The applicant has provided radio frequency maps that display coverage of an antenna at forty-one feet in height and fifty-six feet in height. These maps show that a forty-one foot antenna will not satisfy the necessary coverage (due to inhibiting factors such as terrain variations, foliage and man-made structures) enjoyed by other properties, or in this case cellular providers (Verizon & AT&T), in the vicinity and under identical zone classification. Setback: The property is an oddly shaped through lot with a narrow leg of approximately nineteen feet in width that connects to Indian Canyon Drive. Since the development has two monopalms with similar setbacks and one in a similar location, the strict application of the Zoning Code would deprive the subject carrier of privileges enjoyed by other carriers in the vicinity and under identical zone classification. 2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. Two similar antennas have been approved at the height of sixty feet with reduced setbacks on the same property as the said request. Many of the conditions of approval are similar to those required by this applicant. - 08 Resolution No. Page 3 Therefore, the approval of this Variance would not constitute a grant of special privilege that is inconsistent with the limitations placed upon other providers in the vicinity and zoning designation. 3) The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The monopalm will be structurally engineered in accordance with all applicable codes for the proposed height and location. Therefore, the project is unlikely to be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the area. 4) The granting of such variance will not adversely affect the general plan of the city. The proposed project has been analyzed against the policies of the General Plan and no inconsistencies have been found. Pursuant to Section 93.08.03(B) of the PSZC, in cases involving applications for height limit variances, no such variance shall be granted unless the director makes make the following finding in addition to those required above: 5) That in the area involved, transmission or reception is adversely affected by obstructions and, as verified by at least one (1) person holding a valid radio-telephone first-class operator's license issued by the Federal Communications Commission, it is not feasible to achieve and maintain satisfactory communications within the specified height limitations. The applicant provided a study which shows that the height limit of forty- one feet will not provide the coverage necessary to compete with other wireless communication carriers. Diagrams have been provided that show the top of the antenna at a height of forty-one feet compared to sixty feet, and the maximum height of forty-one feet does not appear to achieve and maintain satisfactory coverage within the specified height limitations. SECTION 3. 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. S Resolution No. Page 4 Pursuant to Section 94.02.00(A)(2)(0 of the Palm Springs zoning Ordinance, a commercial communications antenna is authorized within the R-3 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. The development of adequate cellular phone levels of services serves the ultimate benefit of the community. The antenna will be located on a lot with two other monopalms, which are of a similar environment for the location of wireless communication antenna designed as an artificial palm tree. Many live trees exist in the area; these will help soften the antenna's appearance. The proposal is unlikely to be detrimental to existing or future uses permitted in the zone. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The proposal includes a variance to height and setback requirements; the proposed location is on an unused portion of the site. This portion will easily accommodate the proposed facility and allow for additional planting and palm trees that will soften the facility's appearance to adjust the said use to those existing and 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 proposed use is located close to an on-site parking lot. The only traffic generated from the said use to and from the site will be for servicing, and the existing infrastructure is anticipated to accommodate the traffic necessary for the maintenance of the Facility. e. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. The project is unlikely to have a significant impact on the proposed project site or its surroundings. Conditions to ensure the protection of public ii' Resolution No. _ Page 5 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. NOW, THEREFORE BE IT RESOLVED that the City Council approves Conditional Use Permit Case No. 5.0902-C and Variance Case No. 6.516, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 1 st day of July, 2009. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk or 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California Resolution No. Page 6 EXHIBIT A CONDITIONAL USE PERMIT 5.0902-C VARIANCE 6.516 ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC. 1776 NORTH PALM CANYON DRIVE JULY 1, 2009 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. ADMINISTRATIVE CONDITIONS ADM 1. Proiect Description. This approval is for the project described per Case 5.0902 CUP-C and Case 6.516 VAR, except as modified by the conditions below. ADM 2. The site shall be developed and maintained in accordance with the approved plans, date stamped June 3, 2009, including site plans, architectural elevations, exterior materials and colors and landscaping on file in the Planning Division except as modified by the approved by conditions below. ADM 3. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, Resolution No. Page 7 an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0902 CUP-C and Case 6.516 VAR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney_ If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Public Art Fees. 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 1/2% for commercial projects or 114% for residential Resolution No. Page 8 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 and Zoning 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. ADM 10. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained, in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community- wide system and shown on the City's master plan). ADM 11. Comply with CitV Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 12. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species „ Habitat Conservation Plan (CVMSHCP) Local Development Permit Fee (LDMF) required. All projects within the City of Palm Springs are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Resolution No. Page 9 Exemption. Action on this application shall not be considered final until such fee is paid. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting shall conform to Section 93.21.00, Outdoor Lighting Standards, of the Palm Springs Zoning Code. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted to the Planning Department for approval prior to the issuance of building permits. If lights are proposed to be mounted on buildings, down-lights shall be utilized- No lighting of hillsides is permitted. PLN 2. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 3. Modification or Addition. If the communication antenna(s), monopole or equipment cabinets are ever proposed to be modified in any manner such as the inclusion of other antennas, satellite dishes and / or other support equipment, the proposed modifications shall be submitted to the Director of Planning and Zoning for review and approval prior to installation. PLN 4. Obsolete Technology- If the technology regarding the communications antenna(s) changes in where the antenna(s) and / or equipment cabinets as approved become obsolete, then the antenna shall be removed- PLN 5. PropertV Use and CUP. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application. PLN 6. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be sixty feet, as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the antenna including the artificial palm fronds. PLN 7. Valid Lease Agreement Required. If the lease agreement between the property owner and the applicant expires and is not renewed, the CUP will become null and void, and the applicant shall remove the antenna and equipment to the satisfaction of the Director of Planning Services. PLN 8. Use Abandonment. If the antenna(s) and/or monopole are ever abandoned or if this Conditional Use Permit ever expires, the monopole and antenna(s) shall be removed within 30 days. PLN 0. Final Landscape Design. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior Resolution No. Page 10 to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. A minimum of three (3) live palm trees, tiered in height and similar in appearance to the mono- palm, shall be installed at the location within 25 feet of the monopalm. The perimeter fence shall measure 6 feet in height and shall be constructed of decorative metal or other alternative material. Chain-link fencing is prohibited. PLN 10. FAA Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA). PLN 11. Antenna Visibility and Safety_ The City reserves the right to require, at any time in the future, one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of the pole/fronds if deemed necessary by the Director of Planning and Zoning. PLN 12, Co-location. The applicant / operator of the facility shall agree to allow the co-location of equipment of other wireless communications providers at this site when applications are received by the City and it is considered feasible, subject to an agreement between the applicant/operator, the other proposed wireless communications provider and the property owner. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. END OF CONDITIONS ( I Royal Slreel I Communic¢11aes Street Communications California LLC it California,LLC Royal _ �_!•° u'.zxe N. LAME" A69 pARMCNYON .OPALM LA3YVyA �P I'IW C4-3i N. PALM CANYON MONOPALM FI, E m"''�'� R- f 2 1776 N. PALM CANYON DRIVE sioz os sso n PCP. PALM SPRINGS, CA. 92262 L ZONING PROJECTTEAM: PROJECT DESCRIPTION: CODE COMPLIANCE: SHEET IHDE%: SITE Acoufsmam '�L 2aklNc• ¢-.._:¢u �L.TV-'5...._.-r.. ¢.4 v i. ..��'u-wn.x. �i I: RNF EkGIHEE�'y ""'�' I19�a � ..a'zi':r N.no:.c — I Ili Asa �s�x ae nucc vus xiPe FTA�a•GP'PA.S C.ONWRULnakrnANAGFR: PROJECT INFORMATION: DRIVING DIRECTIONS: NATO`i0 • SURVEYOR[: i3 ih. APPLIGANT w '�'°"' •x` L L— '. tmsu rA+� ��� iuii��� r ¢.ttr urc ni-w vey l••-:�x wa — nPr ap»4'_ ,T f.c-u¢ it L I41L E11GIr.•"EERRry _- �-n_r� '�'uu`:i'r� �:� •�`¢m ca a oau.n.. ur ctiv�u..0 s_c u.c.: ¢ �o�'�om u.._ou pcz ma rWia•u wu URLIlY PROVIDERS: �� - "�" IL VICINITY MAP: cal PROPERTY RlFOP IfAiION: •-^ :C: =L°•- a,;.•" �•- I1 _ APPROVALS.• TITLE SN EET �f T-1 M1lennP�fm Frclle r Legend r 'y, Lea area oeLall � n u ,� I Hoyal Slreel d` sue fMANN CvmriunLcafions,CA CLC Wo J T[le RepCK ��'J m a f I ziA•• _ Overall 5i[E bald •:..�> .�' z". - ' .._ - -. � CAL ``rr ^ Legal GEcwhcn ea4C4IL 19121 i �'�e I tarov.a. ra. - ON psse sch ParcCl:lo _ _ ,� R .,•. 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A_1 fSITE PLAN Raya1 CammunrcatJocatio - ns 4 "` C211fornla,LIC� 11 3"�N ST i x[A LA3509SP•!� -fF0.ERlxLpV;ttN- -----------� A - - N.•CLY o.=.n� LLY ....zlM r::e l:HlL uvrczr _r'-! `\— e 3 ZONING f � 133 — U N tW', ,NATIONAL EQUIPMENT PLAN rroTes. ;_ _ 00- [.32 nll _� ^'���vn..s_[Isx O ��ru i.¢m..x. �..� , •.=y .xx.e�i t.�rT-�i Y�i µne n"L' � a R ,l.). .a uR rss 1rI MOUTH O vriu.�n n r�.rx�s rw'-u vo O Dann v �_�_ _•n'•-r -R A,PHA •� v.o �° .._[... •E7' ��'.� -'.ors e.o[�.. Ael.1ViH O u_.wm o.r.s s.dm o mr mcan..r i211 O EPSIOr!M .s �i• I / O irrva.l2avn s-csmur EQ9PA ANU ANTE ANTE tJ NNNA LAYOUT A2ANTENNA LAYOUT 13 Royal51ree1 _ _ Communlcalions rFTy6'14"L.'YlCV.I. II MIRE � fJVE1151'JEL N.�SIY CLNYOH MONO�IIM I I161l P1L V,4 YCfI LFR'E P I<V.N'S.GI ei.F1 GCIPIY aeP.]P Lsi siauos '`•-"`""`" � �I � F I`t �NATIONAL : Z - - ARCHITECTURAL ELEVATIONS SOUTH ELEVATION ] EAST ELEVATION ��� v"' 2 �_� O� Pp1N, SA �f U cnn k t ��•ne.rwP•�' A- r4�,�ot<��� Planning Commission Staff Report Date: June 10, 2009 Case No.: 5.0902—CUP-C ! 6.516—VAR Type: Conditional Use Permit and Variance Location: 1776 North Palm Canyon Drive APN: 504-320-023 Applicant: Royal Street Communications California, LLC General Plan: TRC (Tourist Resort Commercial) Zane: C-1 (Central Retail Business Zone) & R-3 (Multi-Family & Hotel Zone) From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: David A. Newell, Associate Planner PROJECT DESCRIPTION: The application is a request by Royal Street Communications, LLC, authorized agent for Doug Jones, for a Conditional Use Permit to install a sixty foot tall commercial communication antenna designed as a monopalm and a Variance to exceed the maximum antenna height permitted (forty-one feet) and to allow reduced setbacks for the property located at 1776 North Palm Canyon Drive. The request includes the addition of four equipment cabinets surrounded by a six-foot high wrought iron fence and the planting of three live palm trees for screening purposes. RECOMMENDATION: That the Planning Commission recommends approval of the Conditional Use Permit and Variance to the City Council for the installation of a sixty foot tall commercial communication antenna designed as an artificial palm tree located at 1776 North Palm Canyon Drive, C-1 & R-3 Zones, Section 3- 2G Planning Commission Staff Report June 10, 2009 Case 5.0902--CUP-C/6.516—VAR Page 2 of 7 PRIOR ACTIONS: On May 26, 2009, the Architectural Advisory Committee (AAC) reviewed the proposed project and by a vote of 3-2-1 (O'Donnell & Hudson against; Ortega absent) recommended approval with the following comments: 1. Live and artificial palm trees should be the same species type. 2. Trees should range between 20 and 40 feet in height. 3. If Mexican Fan Palm is used, tree barks should be skinned. 4. If Date Palm is used, tree barks should be diamond cut. 5. Plant 15-gallon Pyracantha 12-feet on center adjacent to exterior of new wrought iron fence. The applicant has agreed to comply with these comments and has incorporated them into the plans. BACKGROUND AND SETTING: Royal Street Communications California, LLC, ("the applicant"), agent for Doug Jones ("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 11 Conditional Use Permit application. The facility is proposed to be sixty-feet in height and located at the northeast corner of the site. Two similar facilities at comparable heights exist currently on the site. One of these facilities is located approximately thirty-five feet west of the proposed monopalm; the other facility is on the southwest corner of the site. The proposed wireless communication antenna is designed as a monopalm with artificial palm fronds and a textured trunk which most closely resembles a Mexican Fan Palm. The proposal also includes the placement of four mechanical equipment cabinets surrounded by a new six foot high wrought iron fence. Table 1: Adjacent General Plan Designations, Zones and Land Uses: General Plan Zoning Existing Land Uses North TRC C-1 / R-3 Restaurant South TRC 0-1 / R-3 Restaurant & Gas Station East TRC R-3 Hotel West TRC C-1 Hotel ANALYSIS: The General Plan designation of the subject site is TRC (Tourist Resort Commercial). While the General Plan does not specifically regulate the installation and operation of Planning Commission Staff Report June 10, 2009 Case 5.0902--CUP-C/6.516-VAR Page 3 of T wireless communication facilities, staff believes the use as proposed is compatible with this designation as it supports the tourist and resident population needs. The site is split zoned C-1 (Central Retail Business zone) and R-3 (Multi-Family & Hotel Zone). The proposed monopalm is located within the R-3 portion of the site and the use is permitted with the approval of a Type II Conditional Use Permit, pursuant to Sections 93.08.00 and 94.02.00 of the Palm Springs Zoning Code (PSZC). Table 2 below displays the PSZC's development standards and the proposed project's development standards: Table 2: Antenna Development Standards and Proposed Project 93.08.03(A)(2)(c)(iii) Proposed Project Requirements a rox. Height (feet) 25 + principal building height = 60 41 feet maximum Front (West) Yard Setback 60 Feet 224 feet Side North Yard Setback 60 feet W 9 feet Side South Yard Setback 60 feet 8 feet Rear East Yard Setback See Front Yard Setback 25 feet Antenna Height Pursuant to Section 93.08.03(A)(2)(c)(iii) of the PSZC, "No part of the antenna structure shall extend to a height of more than twenty-five (25) feet above the highest point of the roof of the principal building on the property." The height of the existing commercial building is approximately sixteen feet, which would allow an antenna height of forty-one feet. The monopalm is proposed at sixty feet in height. The applicant has submitted a variance application to allow the antenna at its proposed height. Findings in support are found below in the Required Findings portion of the staff report and in the draft resolution. Setback Pursuant to Section 93.08.03(A)(2)(c)(iii) of the PSZC, `antennas, exceeding six (6) feet in height, shall not be located within required setback areas..." As shown in Table 2 above, the proposed antenna is located in the rear yard setback and both side yard setbacks. Therefore, the applicant has submitted a variance application to allow the antenna at its proposed location. Findings in support are found below in the Required Findings portion of the staff report and in the draft resolution. The applicant has submitted photographs of the existing site and simulations of how it would appear in the current visual environment with its surroundings. These simulations depict the proposed monopalm, four equipment cabinets and a six foot high wrought iron fence around the lease area. Based on visits to the site and review of the elevations, staff believes that the proposed monopalm together with the existing and proposed live palm trees will have a minimal visual impact. Planning Commission Staff Report June 10, 2009 Case 5.0902--CUP-C/6.516—VAR Page 4 of T REQUIRED FINDINGS: Variance Pursuant to the procedure set forth in Section 94.06.01 of the Zoning Code, the director of planning and building may grant variances to Section 93.08.03 of the PSZC. State law requires four (4) findings be made for the granting of a variance. Staff has analyzed the findings in order below: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Height: The subject property is surrounded by developments that contain buildings and landscaping that exceed heights of twenty-four feet. The applicant has provided radio frequency maps that display coverage of an antenna at forty-one feet in height and fifty-six feet in height. These maps show that a forty-one foot antenna will not satisfy the necessary coverage (due to inhibiting factors such as terrain variations, foliage and man-made structures) enjoyed by other properties, or in this case cellular providers (Verizon & AT&T), in the vicinity and under identical zone classification. Setback: The property is an oddly shaped through lot with a narrow leg of approximately nineteen feet in width that connects to Indian Canyon Drive. Since the development has two monopalms with similar setbacks and one in a similar location, the strict application of the Zoning Code would deprive the subject carrier of privileges enjoyed by other carriers in the vicinity and under identical zone classification. 2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. Two similar antennas have been approved at the height of sixty feet with reduced setbacks on the same property as the said request. Many of the conditions of approval are similar to those required by this applicant. Therefore, the approval of this Variance would not constitute a grant of special privilege that is inconsistent with the limitations placed upon other providers in the vicinity and zoning designation. 3) The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. Planning Commission Staff Report June 10, 2009 Case 5.0902—CUP-C/6.516—VAR Page 5 of T The monopalm will be structurally engineered in accordance with all applicable codes for the proposed height and location. Therefore, the project is unlikely to be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the area. 4) The granting of such variance will not adversely affect the general plan of the city. The proposed project has been analyzed against the policies of the General Plan and no inconsistencies have been found. Pursuant to Section 93.08.03(B) of the PSZC, in cases involving applications for height limit variances, no such variance shall be granted unless the director makes make the following finding in addition to those required above: 5) That in the area involved, transmission or reception is adversely affected by obstructions and, as verified by at least one (1) person holding a valid radio- telephone first-class operator's license issued by the Federal Communications Commission, it is not feasible to achieve and maintain satisfactory communications within the specified height limitations. The applicant provided a study which shows that the height limit of forty-one feet will not provide the coverage necessary to compete with other wireless communication carriers. Diagrams have been provided that show the top of the antenna at a height of forty-one feet compared to sixty feet, and the maximum height of forty-one feet does not appear to achieve and maintain satisfactory coverage within the specified height limitations. Conditional Use Permit The request is subject to the required findings of a Conditions Use Permit as contained in Section 94.02.00 of the PSZC. 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 R-3 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. 7 � Planning Commission Staff Report June 10, 2009 Case 5.0902—CUP-C/6.516—VAR Page 6 of T The development of adequate cellular phone levels of services serves the ultimate benefit of the community. The antenna will be located on a lot with two other monopalms, which are of a similar environment for the location of wireless communication antenna designed as an artificial palm tree. Many live trees exist in the area and will help soften the antenna's appearance. The proposal is unlikely to be detrimental to existing or future uses permitted in the zone. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. While the proposal includes a variance to height and setback, the proposed location is on an unused portion of the site. This portion will easily accommodate the proposed facility and allow for additional planting and palm trees that will soften the facility's appearance to adjust the said use to those existing and 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 proposed use is located close to an on-site parking lot. The only traffic generated from the said use to and from the site will be for servicing, and the existing infrastructure is anticipated to accommodate the traffic necessary for the maintenance of the facility. e. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. The project is unlikely to have a significant impact on the proposed project site or its surroundings. Conditions to ensure the protection of public health, safety and general welfare are required to be fulfilled by the applicant for approval and include, but are not limited to, removal of antenna upon use-change or abandonment of the 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). 27 Planning Commission Staff Report June 10, 2009 Case 5.0902—CUP-C/5.515—VAR Page 7 of T NOTIFICATION: A notice was published in the Desert Sun and mailed to all property owners within a four hundred (400) foot radius in accordance with state law. As of the writing of this report, no correspondence or inquiries from the public have been received by staff. David A. Newell . AA. wing, P Associate Planner D et6r of Plan in Services ACHMENTS: - 4 ' Radius Map - Draft solution with Conditions of Approval - Site Pla - Elevations - Height Study ps 28 Planning Commission Minutes June 10, 2009 CONSENT CALENDAR: 1A. M tes of May 27, 200% M/SIC (Soo ice Chair Cohen, 4-0, 1 absent/Caffery, 1 abstained/ Donenfeld) To approve, mind s of May 27, 2009. 1B, Case 6.1066 314 / TTM 33575 (The Came - A request by David Hilliard of Pal \Canyon 102, LP, for a o ea a extension for a previously appro d project d at 85 d 99 0 locateAP th Palm Canyon Drive, Zone PD 314, ection 23, N 5 - 05, -00 -009. (Project Planner: Glenn Mlaker, ' ssistant Plan MIS/C (Donenfeld/Vice Chair Coh 5-0, 1 ab Ca ffg ,) To approve` a one-year time extension from July 12, 2009 to ly 12, 2010. " 9 2. MISCELLANEOUS: 2A. Case 5.1037 PD 309 AMND ! TT 316 a cinto) - An amendment to a previously a ed Planne elo District to allow 73 rentals and 5 for sale r dwellings n an ap ` ximately 5.95 acre lot located at 301 Rosa s Roa one R2, tion 34, *N's: 669-441-014 through - 048. (Prof t or: n Lyon, As ate Pla er). Ken Lyon, Pla .' pro ground informat as outlined in the staff report d u 00 _ is item will be conducted fo formational purposes only a, no action wl ake is, eeting.) .y ,1' ' IjliwiW \ii i�l \ CommissP" ;, r Conrad art ; hairc. lochanadel expressed their intere in accepting the housing ability limit a public benefit_ y I, 3. PUBLIC HE� ��f : µ, 3A. Case 5.0902 CUP-C ! 6.516 VAR An application by Royal Street Communications California, LLC, for a Conditional Use Permit to install a sixty foot tall commercial communication antenna designed as a monopaim and a Variance to exceed the maximum antenna height permitted (forty-one feet) and to allow reduced setbacks for the property located at 1776 North Palm Canyon Drive, Zone C-1 ! R-3, Section 3, APN: 504-320-023. (Project Planner. David A. Newell, Associate Planner) • Planning Commission Minutes June 10, 2009 David A. Newell, Associate Planner, provided background information as outlined in the staff report dated June 10, 2009, Chair Hochanadel opened the Public Hearing: -Veronica Arvizu, representing Royal Street Communications, provided background information on the new network and provider to the area; noti it preference for co- locations. There being no further appearances, the Public Hearin s M/S/C (Donenfeld/Vice Chair Cohen, 4-1/Conrad ent/Ca To recommend approval of Case 5.0902 CUP-C and Case 6__§4 VAR to the City cil, subject to Conditions of Approval. �1A,- �• ,1 3 . Case 5.1225 ZTA - An application by the Cl i Palm Springs to amend the m Springs Zoning Code '. Ia ing to the d i ion and measurement of bui ' g heights. (Project Pla aig A. Ewi ctor of Planning) Director Ewing vided background in mate I d in the staff report dated June 10, 2009. Chair Hochanadel ne th ublic hear and there being no appearances, the Public Hearing w s MIS/C (Sc�1 y nfeld, 1 affery) To adopt the draft resolution re( �t hgWt City gcil a ri Section 91,.00.01, with the correction to the first p ; graph, as fo 5' -"Whereat„.Section 93.2Q',�00 o e Palm ings Zoning Ordinance establishes regulations`fde.the develop 9 nt of buildings and stl Lures." PLANNING C1OMMIu51�NwiCOMMENTS; Commissioner Scott requested staff follow-up on restoring the si area for a previous tenant located at the southeast corner of Ramon Road and South P Canyon (former Alan Ladd building). Commissioner Donenfeld questioned the status of the construction fencin ocated at the Port Lawrence site. . � n LA: 3,60-91 Site Name BTS - N. Palm Canyon Monopalm 1 776 N. Palm Canyon, Palm Springs, CA RC at 40' Height metres 1t Unlimi# Yourself. GD Predict Coverage of L.A3609 at 40' VjVLA360 I i—' ='�`T,.i� `l: 1wL 3fiQn_. , i �• StLA3607 I 7;fLA76A2 ` Map Legend — '-� � � ' w7LA9 ® In Building (•88 dbm) — P-5OA5_D3� ❑ In Vehicle (•95 dBm) metroP� ,;6a L • 'a�zgIN-ons=ot El Outdoor (•402 dBm) 'T71 Unlimit Yourself. --� — � bIre, 'aL wliA3 Cti Predict Coverage of LA3609 w1surrounding sines Id I i I 4 i� = l i"� e—LL �' rl 4 F'�i l�• �'J � �Is r <; L i I — �. r• `f I aL` � VS I�•i�• �j � I �. Map Legend ® In Building I-dBdBm] ❑ In Vehicle (•85 dBm) metro�� _J� a 1AH622 D S-0 I] Outdoor (•102 dBmy - Unlimit Yourself, �5 Predict Coverage wIo LA3609, Surrounding Sites I I I o .r - I �I `Ill,= � . - -�i• ..,h _ - _ .I _ . i. •_ - E Ti LA3d09 f .. - iC` t L • �irv' 1 A 6 �'��. ''i kF "r: ' ` ems'- •b:f 1. r�-� ', Map Legend v :I A96:59 ® in 6uiiding (-sadam) �,# ` - N - ,Pso = 3 metro El In Vehicle (•95 d9m) 7 Ll � I _t '� LLL r,a ❑ Outdoor ( 142 dBm) , ;F ►LA3, L DAS-6 �L 1 `� Untimit Yourself. LA3-60.9 Site Namep BTS - N. Palm Canyon Monopalm 1776 N. Palm Canyon, Palm Springs, CA RC at 56' Height Unlimit Yourself. Predict Coverage of LA3609 at 56F -fill3003 y. u�[ A300� J,Cio kk L3608 ru 1�W, 92 ILI A, �. b lit J4 0 UQ, T71 3B, Lp Map Legend _j �1 12.. T. i arPj n Building (-Bs am) PSOAS In Vehicle (-95 d6m) . metroF1(_ El Outdoor (402 d3m) S-0 Unlimit Yourself. Predict Coverage of LA3609 w/ surrounding sines f� I / hi - E h rt ,.�t_ -[ — • ; r`l I Map Legend -- ® In Building (480m) �P_SD_ _03 El In vehicle ¢85 dam} ',I; /LA3622�pR5-O9_. c, ❑ Outdoor (-102 d6m) -' r "!'� �-35 Unlimit Yourself. Predict Coverage w10 LA3609, Surrounding Sites i I - '(P �„' e�l *�LA3663 �I Wirfl �r*;_.i— �" � �=I' �� 7 36+1• I� Mau Legend ® In Building J-880m)W ❑❑ In Vehicle (•95 dBm) . � , • ��P ` ero _ —biwp t Outdoor (-102 dBm) �A 1t IA36. Unlimit Yourself. CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION ' s CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: July 1, 2009 Subject: Royal Street Communications California LLC Case 5.0902-CUP, Conditional Use Permit AFFIDAVIT OF MAILING 1, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on or before June 18, 2009, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (70 notices) I declare under penalty of perjury that the foregoing is true and correct. _�L o& Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION 1, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on June 20, 2009. 1 declare under penalty of perjury that the foregoing is true and correct. I,L $ Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on June 18, 2009. 1 declare under penalty Zoferjury that the foregoing is true and correct. Dolores Strickstein Secretary � o PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA �Noas62 . County of Riverside NOTICE OF PUBLIC HEARING CITY CouNOW CITY OF PALM SPRINGS CASE NO.5.090x-C CONDITIONAL USE PERMIT/6.516 VARIANCE ROYAL STREET COMMUNICATIONS CALIFORNIA LLC 1776 NORTH PALM CANON DRIVE I am a citizen of the United States and a resident of NOTICE 15 H8RE9Y--r.IVEN that the CIryry Council of the City of Palm springs California wI l the Con my aforesaid;1 am over the age of eighteen hold a ppoetic hearing al its meeting'ad Julyy 1 2009, Tho City Councll meeting begins at G'Od years,and not a party to or interested in the p rn in;he Council Chamber at City Hall 3200 above-entitled matter. 1 am the principal cleric of a East Tahquitz Canyon Way,Palm Springs prinl'Cr of the,DESERT SUN PCBLISIIINC 'rho purpose of the hearing Is to tonsideran appli- cation by Royal$free[Communications California COMPANY a newspaper of general circulation, LLC,nor a Conditional use Perms to Install a sixty foal[all commercial communication antenna de- printed and published in the city of Palm Springs, signed as a monopalm and a Variance to exceed CountCourt of Riverside,and which newspaper has been the maximum antenna h1lit permnlod((lorry-one y e+ feet) and reduce rear and side yard setback to. adjudged a newspaper of general circulation by the qulremen[s far the plm Canyon Drive zone d mperN C-1 G R•3.located at T776 North Pa Superior Court of the County of Riverside,State of California Under the date of March 24,1988.Case Number 191236;that the notice,of which the annexed is a printed copy(set in type not smallerthan non pariel,has been published in each regular -and entire issue of said newspaper and not in any i I� supplement thereof on the following dates,to wit: ---G---� .Tune 20`I',2009 _� ------- ......��----------- -'--� 1. ^� All in the year 2009 I certify(or declare)under penalty of perjury that the foregoingis true and correct. ENVIRONMENTAL DETERMINATION: This protect is camgorlcally exempt tram envlmn+ mental review pursuant to Section 15332(Clan; Dated at Palm Springs,California this--241k, 32-In-pill Dovelopmerit1 of the California Envrcon- --day Mendel QualityAct(Or A) - REVIEW OF PROJECT-INFORMATION The proposod application site plan and related of-------- .lone -- ---,2UU9 documents are available for pub lc review at City Hell between the hours of 6'00 a m and 6:00 p.m. Moral 1hmugh Thursday Please contacitha OF flea of I" Cily Clerk at (760) 323-8204 it you would like to schedule an appointment to review these documents. _ - '"--- �/- --T"----------- COMMENT ON THIS APPLICATION: Re- p onse to this notice may 00 made verbally at the Public Hearing and/or in writing before the 1I inq Wnlmn comments may W made to the City Council by letter(for mail or hand delivery)to: James Thompson,City Clerk �j 3200 E.Tshquta,Canyon Way - f— �;: Palm Springs CA 92262 �J N Any challenge of the proposed project In couri — raked may be limited to raising only those iised —t at tie ssues e public hearing described In this notice or In written corresppondence tloiryered to the City Clerk Cry C_ Nr -- ,at or prior, 1a pia public hearing. (Government Caoe Zr&l 65009P][2]). - — An opportunity will be given at said hearing for all interested persona to be heard Questions regard- Gy — Ing this case may ba directed to David A Newell, Planning Services Department at(760)323.8245. $1 racesita ayuda con esta cane,palaver llama a 1� la Ciudad de Palm Spna y puade hablar con toll Fleger tol (/60)323-82de. amen TicI,on, ity MrRrc Published:612Wo9 NEVGHBORHOOD COALITION REPS Case 5.0902-C CUP/6.516 VAR MODCOM AND MR PETE MORUZZI T-MOBILE USA HISTORIC SITE REP > PALM SPRINGS MODERN COMMITTEE - PWN for CC Meeting 07.01.09 P.O. BOX 4738PALM SPRINGS, CA 92263-4738 CITY OF PALM SPRINGS CASE 5.0902-C PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS ',VERIFICATION NOTICE t7z„71�i.,,,,,,,, ",,,, ATTN SECRETARY/5-0902-0 506 W.SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 _AGUA CALIENTE BAND OF CAHUILLA MS MARGARET PARKAGUA CALIENTE BAND OF CAHUILLA �INDIANS,� :),-B J,qt>=3 INDIANS 777 E.TAHQUITZ CANYON WAY,#301 PALM SPRINGS, CA 92262 MS VERONICA ARVIZU MR ROYAL STREET COMMUNICATIONS, LLC S JONES SPONSORS " 7 -_- 350 COMMERCE,SUITE 200 899 TAMARISK ROAD IRVINE, CA 92602 PALM SPRINGS, CA 92262 1 0� coolAG � V\kb I. APN:501.090.014 2. APN:504-310.013 3. APN.504-310-015 RIVIFRA REINCARNATE CHAPMAN FAMILY TRUST RESERVE NATL INSURANCE CO 225 108TH AVF NE#300 404 S ESTATE DR - 1 E WACKER DR BELLEVUE WA 98004-5787 ORANGE CA 92869-4816 CHICAGO 11,60601-1474 4, APN:504-3l'0-018 5, APN: 504.310-027 6. APN:504-310-033 DONNA H OROZCO SHILO INN PALM SPRINGS PALM COURT 11712 S FIRCHBARK LN 11600 SW SHILO LN 1983 N PALM CANYON DR ORANGE CA 92869-3001 PORTLAND OR 97225-5919 PALM SPRINGS CA 92262-2919 7. APN:504-320-010 8, APN 504-320-016 9. APN:504-320-017,021 SOBHY G&MARSHA 13 YOUSEF TML PROP INC WILLIAM REED GARNER 3675 TORITO CIR 3233 E BOGERT TRL 1800 N PALM CANYON DR PALM SPRINGS CA 92264-3555 PALM SPRINGS CA 92264-9630 PALM SPRINGS CA 92262-2919 10. APN: 504.320.023 11, APN: 504-320-024,025 12. APN: 504-320-026 DOUGLAS C&TERRENCE B JONES SOUTHERN CALIF EDISON CO PALM SPRINGS SUPER 8 LODGE LTD PO BOX 2427 PO BOX 800 1611 COUNTY ROAD B W 9320 PALM SPRINGS CA 92263-2427 ROSEMEAD CA 91770-0800 SAIN-I'PAUL MN 55113-4053 13, APN:505-1(5-001 14. APN:505-165-009 15. APN: 505-165-010 CONSTANTINO&GUADALUPE T SOSA JAVEX PALM CANYON LLC ELDON V GRFFNBERG 148 WAWONA ST 1565 N PALM CANYON DR 1595 N PALM CANYON DR PALM SPRINGS CA 92262- PALM SPRINGS CA 92262 PALM SPRINGS CA 92262.4409 16. APN.505-166-002 17, APN 505-166-013 18. APN:507-021.016 CANYON VILLAS PALM RICK&KARLA SFIDNER KNIGHT ELIZABETH J TRUST PO BOX 1218 1973 N PALM CANYON DR 14 VISTA DEL SOL SANTA MONICA CA•90406-1218 PALM SPRINGS CA 92262-2919 LAGUNA BEACH CA 92651-6748 19, APN:507-021-017 20, APN: 507-021.018 21. APN:507-021-019 CHARLES F&PAULETTE D IRVIN CAR],VANDERSPEK RAYMOND V BAUGHAM 845 S WABASH AVE 340 N GLYNGF AVE 11117 WILDFLOWER RD REDLANDS CA 92374- BURNABY BC V52 109 CANADA V5131G- TEMPLE CITY CA 91780-3644 22 APN:507-021-020 23. APN:507.021-021 24 APN:507-021-022 MICHAEL E&MARGERY F MCBRIDE DOUGLAS FAIGIN ROBERT 0 BARTON 1555 N CHAPARRAL RD W204 4267 MARINA CITY DR 1104 255 S GRAND AVE?1210 PALM SPRINGS CA 92262-4601 MARINA DEL REY CA 90292.5810 LOS ANGELES CA 90012-3095 25. APN:507-021.023 26, APN 507-021-024 27, APN:507-021-025 DANIEL J CRISTOFANG SUSAN HOJER ALASTAIR&CHERYL MUNRO 180 CENTRAL PARK S 2920 NEILSON WAY 1101 3676 PINE CRESCENT NEW YORK NY 1001'9-1562 SANTA MONICA CA 90405.5339 VANCOUVER BC V6J 4K3 CANADA V6J4K 29. APN:507-021-026 29. APN- 507-021-027 30, APN:507-021-028 SCOTi'C&BARBARA A AKERS YOUNG LIVING TRUST ROHANA KITHSIRI GUNAWARDENA 1600 SILVER CREEK DR 31152 VIA CONSUFLO 2733 COWPER ST FINDLAY Off 45840-7936 COTO DE CAZA CA 92679-4017 PALO ALTO CA 94306 31. APN•507-021.029 32 APN:507-021-030 33. APN: 507-021-031 ROBERT B&PATRICIA A BURNS LAURENCE P&JULIE ANN THORNER LAURA A WRIGHT 11365 SW COTTONWOOD LN 2494 N CREEK CIR 100 S SUNRISE WAY OA912 PORTLAND OR 97223-4227 SPRING VALLEY 01-1 4 5 3 70-9 006 PALM SPRINGS CA 92262-6779 34. APN:507.021.032 35. APN:507-021-033 36, APN:507-021-034 MANMOHAN&BHAVINDER KIM HODGSON WILLIAM J&SHARON H SMITH Al-ILOWALIA 36 W FAIRVIEW LN 1210 DINCARA RD 2960 TAROCCO DR SPRINGFIELD IL 6271 I-9447 BURBANK CA 91506 CORONA CA 92881-8722 37. APN: 507-021-035 38. APN:507-021-036 39. APN:507-021-037 CLIFFORD W&SANDRA D SCHULZ JOHN P&LYNN A SINNOTT IRWIN A KAUFMAN 15373 DE LA CRUZ DR 32 CATALINA DR 3900 CATHEDRAL AVE NW N604A RANCHO MURIETA CA 95683-9722 DEBARY FL 32713-3202 WASHINGTON DC 20016-5297 40, APN: 507-021-038 41. APN:507-021-038 42, APN: 507-021-039 DOUGLAS FAIGIN FRANK R ERCOLI WILLIAM W&CYNTHIA J SEELINGER 4267 MARINA CITY DR UNIT 1114 38595 MARACAIBO CIR W 1010 W FRIAR CT MARINA DFL REY CA 90292-5812 PALM SPRINGS CA 92264-0208 PALM SPRINGS CA 92262-4119 43. APN:507-021-040 44. APN:507-021-041 45. APN: 507-021-042 STEPHEN M&SALLY L JAY JAMES W&DFBORAH D BLACKBURN JOHN A BODOVINAC 1814 S PACIFIC ST 316 FRANKLIN ST 10401 S ASHLEY LN OCEANSIDE CA 92054-5810 ALEXANDRIA VA 22314-4121 OAK CREEK WI 53154.7910 46. APN:507-021-043 47, APN.507-021-044 48. APN: 507-021-045 JAMES C MUNSON KEN&LARA CLARDY JOHN B&MARY E FEATHER 2184 CAMINITO DEI,BARCO 1615 SIERRA BONITA LN 16914 TAHOMA ST DEL MAR CA 92014 PASADENA CA 91106 FOUNTAIN VALLEY CA 92708-2927 49. APN: 507-021-046 50. APN. 507-021-047 51. APN:507-021-048 JAMES H PLUMMER WALTER I BLOWERS DESERT CHAPARRAL LLC 101 COLETTES CT 846 PARK AVE 1555 N CHAPARRAL RD 4300 NORTH WALES PA 19454-2033 MAHTOMFDI MN 55115-1734 PALM SPRINGS CA 92262.4601 52. APN:507-021-049 53. APN.507.021-050 54. APN:507-021-051 SPRINGS PALM ALONZO&DEBRA SUE S"I-EVENS RICHARD KENNER 340 N GLYDE AVE 510 SADDLE BROOK DR 4252 6939 YELLOWSHORE BLVD BURNABY BC V5B 1G9 CANADA V5BIG- SAN JOSE CA 95136-4223 FOREST HILLS NY 11375- 55. APN:507-021-052 36, APN 507-021-053 57. APN 507-021-054 RICHARD KENNER MURPHY FAMILY LTD PARTNERSHIP LINSU DEV CO 6939 YELLOWSTONE BLVD 3433 COVE VIEW 81,VD#3201 1533 N CHAPARRAL RD FOREST HILLS NY 11375 GALVESTON TX 77554.8198 -PALM SPRINGS CA 92262-4601 58. APN:504-310-016 REPRESENTATIVE APPLICANT RESERVE NAT'L INSURANCE CO VERONICA ARVIZU METROPCS 1 E WACKER DR 29992 HUNTER RD 8105 PMB 9166 ATTN:MARK CARNEY CHICAGO IL 60601 MURRIETA CA 92563 350 COMMERCE SUITE 200 IRVINE CA 92602 ROYAL STREET COMMUNICATIONS 2913 EL CAMINO REAL,#561 GC MAPPING SERVICE INC NP TUSTIN CA 92782 ATTN:GILBERT CASTRO 3055 W VALLCY CLVD ALHAMBRA CA 91803 APN:501-090-014 APN: 507-021-053 RETURNED MAIL NOBLE HOUSE HOTELS& RESORTS MURPHY FAMILY LTD PARTNERSHIP 600 6 STREET SOUTH 801 E BEACH STREEET, UNIT TW2305 KIRKLAND,WA 98033-6716 GALVESTON, TX 77550-3394 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.0902-C CONDITIONAL USE PERMIT /6.516 VARIANCE ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC 1776 NORTH PALM 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 July 1, 2009. 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 Royal Street Communications California, LLC, for a Conditional Use Permit to install a sixty foot tall commercial communication antenna designed as a monopalm and a Variance to exceed the maximum antenna height permitted (forty-one feet) and reduce rear and side yard setback requirements for the property located at 1776 North Palm Canyon Drive, Zoned C-1 & R-3. 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 6:00 p.m. Monday through Thursday. 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][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to David A. Newell, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede. hablar con Nadine Fiegertelefono (760) 323-8245. ;�)�6mes Thompson, City Clerk N Department of Planning Services Vicinity Map S - � f t 1. , t, t� W 1 ' 7 Z V x o ,o a � o VISTA CHINO VISTA CHINO VISTA CHINO VISTTA CHIF EY -- ry --------` it Q _ W O ..._. a -a ,....... ------- L.egend ¢ a 117�1400 Radius p,+ O 6 CITY OF PALM SPRINGS CASE NO: 5.0902-C CUP DESCRIPTION: The purpose of the hearing is to 6.516 VAR consider an application by Royal Street Communications California, LLC, for a Conditional APPLICANT: Royal Street Communi- Use Permit to install a sixty foot tall commercial cations California, LLC communication antenna designed as a monopalm and a Variance to exceed the maximum antenna height permitted (forty-one feet) and reduce rear and side yard setback requirements for the property located at 1776 North Palm Canyon Drive, Zoned C-1 & R-3. ATTACHMENT A 1. Project Location: ® NEW BUILD ❑ MODIFIED Site Number/Name: LA3609A/ N. Palm Canyon Monopalm o-� Site Address. 1776 N. Palm Canyon Drive City, State, ZIP: Palm Springs CA 92262 Z - County: Riverside Assessor Parcel Number: 504-320-023 z1 Latitude (NAD 83 D-M-S): 33- 50-44.63 N cry Longitude (NAD 83 D-M-S)' 116-32-45.43 W 2. Project Description: Number of Antennas to be installed: Six(6) panel antennas and one (1) GPS antenna Tower Design: New Monopalm Tower Appearance: Antennas mounted on an new Monopalm Tower Height: 60'-0"Top of Monopalm branches (56'-0"top of antennas/pole). Royal Street antennas at 53'-6" RAD center Building/ Equipment Pad Size(s): 16' x 18' Lease area 3. Business addresses of all Local Government Agencies: City of Palm Springs City of Palm Springs City of Palm Springs Craig Ewing, Plannin Director James Thompson, City Clerk David H. Ready, City Manager 3200 E. Tah uitz Canyon Way 3200 E.Tah uitz Canyon Way 3200 E. Tah uitz Canyon Way Palm Sprin s, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 4. Land Use Approval: On July 1, 2009, Royal Street Communications, LLC obtained zoning approval from the City of Palm Springs for the construction, use, and maintenance of a PCS Wireless Facility, pursuant to Conditional Use Permit#5.0902-C and Variance#6.516. CPUC Attachment A 020306 Royal Street Communications, LLC 2913 El Camino Real, #561 Tustin, CA 92782 11/02/09 Ms. Anna Hom Site Reference: LA3609-A Consumer Protection and Safety Division California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 This is to provide the Commission with notice pursuant to the provisions of General Order No. 159A of the Public Utilities Commission of the State of California ("CPUC) that. ® (a) The cellular company has obtained all requisite land use approval for the project described in Attachment A. ❑ FIXED WIRELESS—Providing wireless telecommunication service ONLY ❑ (b) That no land use approval is required because site was admitted directly to plan check per City requirements. ❑ (c) ABANDONED SITE ❑ MODIFICATION ❑ REVISED/ CORRECTED LETTER—revised latitude A copy of this notification letter is also being provided to the appropriate local governmental agency(ies) for its information. Should there be any questions regarding this project, or if you disagree with any of the information contained herein, please contact me at (949) 292-6471 or cbrvden@sbcalobal.net. In my absence, if necessary you can contact John R. Lister, Vice President—Network Development at(214) 395-7504 or lohnlister2005(a)yahoo.com.The W.I.R. Number for Royal Street Communications, LLC is U-3086-C. Sincerely yours, Royal Street Communications, LLC Q By: Christine Bryden, Networkrn Development Manager or Date Susan Delmer, Assistant Manager of Network Development Attachment: