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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.
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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
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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
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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
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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.
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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
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Department of Planning Services
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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: