Loading...
HomeMy WebLinkAbout10/7/2009 - STAFF REPORTS - 1.B.CITY COUNCIL STAFF REPORT DATE: October 7, 2009 PUBLIC HEARING SUBJECT: ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC, APPLICATION FOR A CONDITIONAL USE PERMIT AND VARIANCE TO INSTALL A FORTY-FIVE FOOT TALL COMMERCIAL COMMUNICATIONS ANTENNA AT 4733 EAST PALM CANYON DRIVE, CASE 5.1227 CUP AND 6.517 VAR, FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a proposed Forty-five foot high wireless communications antenna at 4733 East Palm Canyon Drive. The project is also seeking a Variance approval to exceed the maximum antenna height permitted from fifteen feet to forty-five feet. The request includes the addition of four equipment cabinets surrounded by a ten - foot high block wall that will be stucco to match the existing adjacent building. 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 CASE NO. 5.1227 TO INSTALL A FORTY-FIVE FOOT HIGH WIRELESS COMMUNICATIONS ANTENNA AND VARIANCE CASE NO. 6.517 TO EXCEED MAXIMUM ANTENNA HEIGHT FOR THE PROPERTY LOCATED AT 4733 EAST PALM CANYON DRIVE." PRIOR ACTIONS. On August 10, 2009, the Architectural Advisory Committee (AAC) reviewed the proposed project and by a vote of 5-0-1 (Sahlin absent) recommended approval of a slim -line monopole (instead of the proposed monopalm) that is desert tan in color. ITEM NO. J • 6 % City Council Staff Report October 7, 2009 — Page 2 5.1227 CUP 16517 VAR— Royal Street Communications On September 9, 2009, the proposed monopalm project was reviewed by the Planning Commission and recommended approval to the City Council by a vote of 6-0-1 (Munger absent), subject to the monopole structure being: a. Designed as a slim -line monopole with the antennas concealed within the pole (slim -line monopole), b. Light -to -medium brown in color, c. No more than forty-five feet in height and d. Structurally engineered to allow co -location capabilities. The applicant has agreed to these modifications and staff has included these criteria in the attached draft conditions of approval. BACKGROUND AND SETTING: Royal Street Communications California, LLC has submitted an application for a Type II Conditional Use Permit. The applicant has secured a Letter of Authorization with the property owner to proceed with the Type II Conditional Use Permit application. The project site is a flat developed lot, located on the southeast corner of East Palm Canyon Drive and Matthew Drive within the Rimrock Plaza shopping center. The wireless facility is proposed at the southeast portion of the property. There is an existing building to the north of the proposed monopole. There are also two forty-five foot monopalms in the same shopping center located at the southwest corner of the site. The proposed wireless communication antenna was originally designed as a monopalm with artificial palm fronds and a textured trunk. However, the applicant has changed the design to a slim -line monopole with the antennas contained entirely within the pole to reflect the preference of the AAC and Planning Commission. The proposal also includes the placement of four mechanical equipment cabinets, which may have to be elevated three feet due to flood hazard mitigation. The equipment will be surrounded by a ten foot high block wall for screening and safety purposes. Table 1: Adjacent General Plan Designations, Zones and Land Uses: General Plan North HDR (High Density Residential) South OS — M (Open Space — Mountain) Cast MU / MU (Mixed Use / Multi -Use) West MU/MU (Mixed Use / Multi -Use) Zoning R-3 (Multiple Family & Hotel) 0-20 (Open Land) W-R-3 (Multiple Family & Hotel with Watercourse overlay) W-R-3 (Multiple Family & Hotel with Watercourse overlay) Existing Land Uses Multiple Family Residential Mountains Vacant Vacant City Council Staff Report October 7, 2009 - Page 3 5.1227 CUP / 6.517 VAR - Royal Street Communications STAFF ANALYSIS: The General Plan designation of the subject site is NCC (Neighborhood / Community 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 cellular needs of the surrounding commercial and residential uses. The zoning designation is W-C-D-N (Designed Neighborhood Shopping Center), and the use is permitted with the approval of a Type II Conditional Use Permit, pursuant to Section 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 Height (feet) Front (North) Yard Setback Side (West) Yard Setback Side (East) Yard Setback Rear (South) Yard Setback Antenna Height 93.08.03(A)(2)(c)(ii) and W-C-D-N Requirements_ 15 125 feet from Centerline 50 feet 50 feet 50 feet Proposed Project (approx,) 45 feet 410 feet 610 feet 265 feet 90 feet Pursuant to Section 93.08.03(A)(2)(c)(ii) of the PSZC, the height and placement limitations of communication antennas within Commercial and Professional Zones is required to comply with the provisions governing broadcast receiving antennas or Section 93.08.03(A)(1)(c)(B) of the PSZC; according to this Section, "if the antenna is not mounted on the building, no part of the antenna structure shall extend to a height of more than fifteen (15) feet..." The top of the slim -line monopole structure is proposed to be forty-five feet above the existing grade. The applicant has submitted a variance application and provided propagation maps that support the monopole height at forty- five feet. Findings in support of the project are found in the in the draft resolution. Variance Analysis When a variance is approved, a special circumstance applicable to the subject property must exist which is not considered a special privilege. With regards to the height, the subject property is surrounded by development and landscaping that would inhibit transmission of an antenna at fifteen feet in height. Diagrams supporting this have been provided which displays coverage at the maximum antenna height permitted and the proposed antenna height. Since the property has two other monopalms that are similar in height, the strict application of the Zoning Code would deprive the subject carrier of privileges enjoyed by other carriers in the vicinity. Staff has provided required findings 11 City Council Staff Report October 7, 2009 — Page 4 5.1227 CUP / 6.517 VAR — Royal Street Communications in the attached draft resolution of approval based on the Planning Commission's direction. 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 W-C-D-N 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 a similar environment for the location of wireless communications antennas. The mountain to the south and the live trees that exist on the property will help soften the antenna's appearance. Staff has provided recommended findings in the attached draft resolution of approval based on the Planning Commission's direction. CONCLUSION: The applicant has submitted photographs of the existing site and photo -simulations of how it would appear in the current visual environment with its surroundings. These simulations depict the proposed monopole behind the existing structures on site with the mountain in the background. Based on visits to the site and review of the elevations, staff believes that the proposed slim -line monopole will have a minimal visual impact on the surroundings. Findings in support of approving the proposed slim -line monopole have been made by the Planning Commission and are included in the attached draft resolution of approval. FISCAL IMPACT: There is no cost to the City associated with the construction of the proposed wireless communications facility. i A. wing, Al Dire r of Plannin ervices David H. Ready _ 6l ity Manager Thomas J. Wtson, Assistant City Manager 1. City Council Staff Report October 7, 2009 — Page 5 5.1227 CUP / 6.517 VAR — Royal Street Communications Attachments: 1. Vicinity Map 2. Draft Resolution with Conditions or Approval 3. Site Plan and Elevations 4. Planning Commission staff report dated 09/09/09 5. Planning Commission minutes dated 09/09/09 (excerpt) 6. Photo -Simulation of Monopole 7. Variance Height Study 5 a N Department of Planning Services W E Vicinity Map S Legend 400' Buffer ® site CASE NO: 5.1227 CUP / 6.517 VAR CITY OF PALM SPRINGS APPLICANT: Royal Street Communications California, LLC (Metro PCS) DESCRIPTION: To consider an application by Royal Street Communications California, LLC for a Conditional Use Permit application to install a forty-five foot tall commercial communication antenna. The hearing will also include a Variance application to exceed the maximum antenna height permitted from fifteen feet to forty-five feet for the property located at 4733 East Palm Canyon Drive, Zoned W-C-D-N. 8 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CASE NO. 5.1227 TO INSTALL A FORTY-FIVE FOOT HIGH WIRELESS COMMUNICATIONS ANTENNA AND VARIANCE CASE NO. 6.517 TO EXCEED MAXIMUM ANTENNA HEIGHT FOR THE PROPERTY LOCATED AT 4733 EAST 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 forty-five foot high commercial communications antenna and an area for equipment cabinets surrounded by a block wall located at 4733 East Palm Canyon Drive, APN: 681-170-058, W-C-D-N Zone, Section 30: and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit Case No. 5.1227 and Variance Case No. 6.51 was given in accordance with applicable law; and WHEREAS, on September 9, 2009, a public hearing on the application for Conditional Use Permit Case No. 5.1227 and Variance Case No. 6.517 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on September 9, 2009, the Planning Commission recommended approval of Conditional Use Permit Case No. 5.1227 and Variance Case No. 6.517 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 Case No. 5.1227 and Variance Case No. 6.517 was given in accordance with applicable law; and WHEREAS, on October 7, 2009, a public hearing on the application for Conditional Use Permit Case No. 5,1227 and Variance Case No. 6.517 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 15303 (Class 3 — New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA); and 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. Resolution No. Page 2 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 15303 (Class 3 — New Construction or Conversion of Small Structures) 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 has properties in the vicinity that contain buildings and landscaping which inhibit cellular frequency at a height of fifteen feet. The applicant has provided radio frequency maps that display coverage of an antenna at fifteen feet in height and forty-three feet in height. These maps show that a fifteen foot high 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, 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. The subject property will be conditioned similar to other properties that have received height variances for antennas. These conditions include removal of the structure upon abandonment of the use, compliance with Federal Aviation Administration (FAA) requirements and restriction to limit the antenna structure to no more than forty-five feet in height. 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 monopole will be structurally engineered in accordance with all applicable codes for the proposed height and location. Therefore, the project is unlikely to Resolution No. Page 3 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 fifteen 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 fifteen feet compared to forty-three feet, and the maximum height of fifteen 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. Pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Code, a commercial communications antenna is authorized within the W-C-D-N 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 General Plan designation of the subject site is NCC (Neighborhood / Community Commercial). The General Plan does not specifically regulate the installation and operation of wireless communication facilities; however, the use as proposed is compatible with this designation as it supports cellular needs of the surrounding commercial and residential uses and the development of Resolution No. Page 4 adequate cellular phone levels of services serves the ultimate benefit of the community. The antenna will be located near existing forty-five foot tall monopalms and live palm trees that exceed heights of forty feet. The proposal is unlikely to be detrimental to existing or future uses permitted in the zone, since it will be located in a similar environment. 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 the antenna height requirement; the equipment will be placed on an unused portion of the site. Parking in the shopping center will not be affected. The use will occupy only a small portion of the site. Therefore, the site for the intended use will easily accommodate the proposed facility. d. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The only traffic generated from the said use to and from the site will be for maintenance, and the existing infrastructure is anticipated to accommodate the traffic necessary for the maintenance of the facility. e. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. The project is unlikely to have a significant impact on the proposed project site or its immediate surroundings. Conditions to ensure the protection of public health, safety and general welfare are required 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 among others. NOW, THEREFORE BE IT RESOLVED that the City Council approves Conditional Use Permit Case No. 5.1227 and Variance Case No. 6.517, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. 119 Resolution No. Page 5 ADOPTED this 7th day of October, 2009. James Thompson, City Clerk ❑avid H. Ready, City Manager CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. _ is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 111 Resolution No, Page 6 EXHIBIT A CONDITIONAL USE PERMIT CASE NO, 5.1227 VARIANCE CASE N0. 6.517 ROYAL STREET COMMUNICATIONS CALIFORNIA. LLC. 4733 EAST PALM CANYON DRIVE OCTOBER 7. 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 ❑escriotion. This approval is for the project described per Case 5.1227 CUP and Case 6.517 VAR, except as modified by the conditions below. ADM 2. The site shall be developed and maintained in accordance with the approved plans including site plans, architectural elevations and colors 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 or 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, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1227 CUP and Case 6.517 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 Resolution No. Page 7 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 Reoair. 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. Riaht 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 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. Resolution No. Page 8 ADM 10. ComDIV with Citv Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 11. Conditional Use Permit Availabilitv. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. PLANNING DEPARTMENT CONDITIONS PLN 1, Outdoor Liohtino Conformance. Exterior lighting shall conform to Section 93.21.00, Outdoor Lighting Standards, of the Palm Springs Zoning Code. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted to the Planning Department for approval prior to the issuance of building permits. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Outside Storaoe Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 3. Modification or Addition. If the communication antenna($), 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 Technoloqv. 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. Prooerty Use and CUP. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application pursuant to Section 94.02.00(I) of the Zoning Code. PLN 6. Antenna Structure Heiaht. The maximum height of the commercial communications antenna structure shall be forty-five feet, which must be modified from the conceptually approved plans date stamped June 18, 2009, as measured from finished grade to the highest point of the structure. PLN 7. Valid Lease Agreement Reauired. 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 $. 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. 1« Resolution No. Page 9 PLN 9. FAA Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Administration (FCC). PLN 10. Antenna Visibilitv and Safetv. The Cily 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 11. Co -location. The applicant / operator of the facility shall agree to allow the co - location of equipment of other wireless communications providers at this site when applications are received by the City and it is considered feasible, subject to an agreement between the applicant / operator, the other proposed wireless communications provider and the property owner. PLN 12, Conditions Imposed by the Planning Commission. The monopole structure shall be: a. Designed as a slim -line monopole with the antennas concealed within the pole, b. Light -to -medium brown in color, c. No more than forty-five feet in height and d. Structurally engineered to allow co -location capabilities. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 'Building Security Codes" of Lhe Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. FIRE DEPARTMENT CONDITIONS FID 1. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire -fighting purposes. FID 2, Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. 15 Resolution No. Page 10 END OF CONDITIONS Is Royal Street Communications California, ILL LA3624A RIMROCK PLAZA 4733 E. PALM CANYON DRIVE PALM SPRING CA. 92264 RIVERSIDE COUNTY PROJECT T€APA: PROJECT DESCRIPTION•. SITE acouisErl6u.1 ZONING RF ENGINEER GOYSTRUCSIOi!=d GEB _ - PROJECT I NFORNIATIDN: SURVEYORy ` Y APPLICl u CIVIL ENGINEER In IITRITV PROM GERS. ro cL • �I •u .-.n PROPERTY PIFORMAUON' i BODE COMPLIANCE` .�-- ❑RIVING DIRECTIONS: El VICINITY MAP: SHEET INDEX: j APPROVALS: Roya7S1ree1 - CommunlcaFlons Ca!lomia, LLC Pam Lg3624A I r.IrrwcK rws E FS_N CeS�rt!! V�Y ':SL1aP Wi.�, Ci J [� W912oo9 . ,I.P ZONING I I I II I I I I I I l I I I NATIONAL I m.c FI''r TITLESHEET T-1 r Ynnl[y Ha? Eee.r oes ryp' `.�.r.:.l•o..,..ad.:s- a :e ,ors ra.cei �vd Y V Di .,• x�, a.v-,.....aaa.-rn u.. re.i-e�..cu.,e acss Ez.ementr� __. a W[Y ❑filly Easemen[s Gmgnphic Coc dmz[c al Pmpased rlunc� 'm .„neay a-.i o,•eoll =_rte rJdil li --_— — — --- — — _--_ �— _—.I — I� -- —— UM .'1• R _, - - R,Y.,fSlm=f i Comnru,uralron ; CA LL M1fAT10-N AL CAL VADS 9UAVyY[NG„ING LA3624A RIMROCK PLAZA TOPOGRAPHIC SURVEY LS-1 KEY NOTES �-1 C.0 I SITE PLAN NEW LEASE �l rl IVF Qr- PA-r"� cr rV. — — — — — — - vil ILI '1111. wil tMVRLUEASE j A - A �_ r L -�,L I I :'sue[l- 11 BOUNDARY DETAIL I!''- 112 floyals1wel communfraflona u 1. 12:31 ar LA352AA 11'- 11 1�11. 133 TSlll 5pa I.0 i El, DfM2009 11 U � ..� ZONING 1,— 11 P11.1 r4A-1-110NAL ri rri. jjj� SITE PLAN & BOUNDARY DETAIL I1DTE5 lw- II ' KEYNOTES '71 _ I EW 1 EF_ILC. I Q ANTENNA LAYOUT 2 ENLARGED SITE PLAN f7onjal Slreel llll Communications Californly, LLC a w••. _u- _ � I LA3624A ]ll;�Pi l} Cl 8129140G9 zomoG I I P P I I I I I I I l I I I I I MATIONAL I I � I�• IA _ _r.; LL HNLARGLD -�,2 SITE PLAN J -�\ 3 A� Avyel Slreal Cvmnrunlcalions Cahfvrnia, LLC LA3624A RIA ROCK �L, SA P cosr. T 912912N09 _.. Lc ZONING -IP • -..«I FJATION_A_ L SOUTH ELEVATION �nrc c xl ` r , ARCHITECTURAL ELEVATIONS I -_. EAST ELEVATION ' Y'_•`�' c-..... :"'-: ', 2 w, A-3 O4 ?ALAS Sp U v, a ,v * '`"I t rya`"' " c��ro���� Panning Commission Staff Report Date: September 9, 2009 Case No.: 5.1227—CUP / 6.517—VAR Type: Conditional Use Permit and Variance Location: 4733 East Palm Canyon Drive APN: 681-170-058 Applicant: Royal Street Communications California, LLC (Metro PCS) General Plan: NCC (Neighborhood / Community Commercial) " Zone: W-C-D-N (Designed. Neighborhood Shopping Center) 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 California, LLC, (Metro PCS) for a Type II Conditional Use Permit to install a fifty -three-foot high wireless communication monopole designed as an artificial palm tree and a Variance application to exceed the maximum antenna height permitted from fifteen feet to fifty-three feet for the property located at 4733 East Palm Canyon Drive. The request includes the addition of four equipment cabinets surrounded by a ten -foot high block wall. RECOMMENDATION: That the Planning Commission recommends approval of the Conditional Use Permit and Variance to the City Council for the installation of a forty-five foot tall commercial communication antenna located at 4733 East Palm Canyon Drive. 22 Planning Commission Staff Report Case 5.1227—CUP / 6-617—VAR PRIOR ACTIONS: September 9, 2009 Page 2 of 7 On August 10, 2009, the Architectural Advisory Committee (AAC) reviewed the proposed project and by a vote of 5-0-1 (Sahlin absent) recommended approval of a slim -line monopole (instead of the proposed monopalm) that is desert tan in color. The AAC's recommendation is discussed further in the Analysis portion of the staff report. BACKGROUND AND SETTING: Royal Street Communications California, LLC has submitted an application for a Type II Conditional Use Permit. The applicant has secured a Letter of Authorization with the property owner to proceed with the Type II Conditional Use Permit application. The project site is a flat developed lot, located on the southeast corner of East Palm Canyon Drive and Matthew Drive within the Rimrock Plaza shopping center. The wireless facility is proposed at the southeast portion of the property. There is an existing building to the north of the proposed monopalm. There are also two forty-five foot monopalms in the same shopping center located at 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, which may have to be elevated three feet due to flood hazard mitigation. The equipment will be surrounded by a ten root high block wall for screening and safety purposes - Table 1: Adjacent General Plan Designations, Zones and Land Uses: General Plan FNorth— — HDR — o (High Density Residential) South OS - M (Open Space — Mountain) East MU/MU (Mixed Use / Multi -Use)_ West MU/Mu (Mixed Use / Multi -Use) ANALYSIS: Zoning R-3 (Multiple Family & Hotel) 0-20 (Open Land) W-R-3 (Multiple Family & Hotel with Watercourse overlay) W-R-3 (Multiple Family & Hotel with Watercourse overlay) Existing Land Uses Multiple Family Residential Mountains Vacant Vacant The General Plan designation of the subject site is NCC (Neighborhood / Community 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 cellular needs of the surrounding commercial and residential uses. G3 v Planning Commission Staff Report September 9, 2009 Case 5.1227—CUP / 6.517—VAR Page 3 of 7 The zoning designation is W-C-D-N (Designed Neighborhood Shopping Center), and the use is permitted with the approval of a Type II Conditional Use Permit, pursuant to Section 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 Height (feet) Front (North) Yard Setback Side (West) Yard Setback Side (East) Yard Setback Rear (South) Yard Setback Antenna Height: 93.08.03(A)(2)(c)(ii) and C-D-N Requirements 15 _ 1125 feet from Centerline 50 feet 50 feet 50 feet Proposed Project (approx.) 53 feet 410 feet 610 feet 265 feet 90 feet Pursuant to Section 93.08.03(A)(2)(c)(ii) of the PSZC, the height and placement limitations of communication antennas within Commercial and Professional Zones is required to comply with the provisions governing broadcast receiving antennas or Section 93.08.03(A)(1)(c)(B) of the PSZC; according to this Section, "if the antenna is not mounted on the building, no part of the antenna structure shall extend to a height of more than fifteen (15) feet above the ground level nor shall it be located within any required yard." The top of the antenna panels are proposed to be located forty-seven feet and four inches above the existing grade and the structure including artificial palm fronds will not exceed fifty-three feet in height. The applicant has submitted a variance application to allow the antenna at its proposed height and provided a justification letter to support it. Findings in support are found below in the Required Findings portion of the staff report and in the draft resolution; however staff is recommending that the monopalm structure, including palm fronds, be permitted to a height of no more than forty-five feet above the existing grade as this will be consistent with the other two monopalms in the shopping center. AAC Recommendation: The Architectural Advisory Committee (AAC) reviewed the proposed project and recommended approval of a slim -line monopole (instead of the proposed monopalm) that is desert tan in color. The applicant wishes to seek approval of the artificial palm tree design at the request of the property owner. Considering the property contains existing artificial palm trees and numerous live palm trees, staff is recommending approval of the artificial palm tree design. However, should the Commission determine that its preference is the slim -line monopole design even with existing monopalms and live palms on site, staff will move forward with that direction in the future. 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 24 Planning Commission Staff Report September 9, 2009 Case 5.1227--CUP / 6.517—VAR Page 4 of 7 simulations depict the proposed monopalm and a ten foot high block wall around the lease area. Based on visits to the site and review of the elevations, staff believes that the proposed monopalm and equipment enclosure will have a minimal visual impact on the surrounding area. REQUIRED FINDINGS: Variance State law requires four (4) findings be made for the granting of a variance. Staff has analyzed the findings in order below: i) 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 has properties in the vicinity that contain buildings and landscaping which inhibit cellular frequency at a height of fifteen feet. The applicant has provided radio frequency maps that display coverage of an antenna at fifteen feet in height and forty-three feet in height. These maps show that a fifteen foot high 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, 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. The subject property will be conditioned similar to other properties that have received height variances for antennas. These conditions include removal of the structure upon abandonment of the use, compliance with Federal Aviation Administration (FAA) requirements and restriction to limit the antenna structure to no more than forty-five feet in height. 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. Z5 Planning Commission Staff Report Case 5.1227—CUP / 6.517—VAR September 9, 2009 Page 5 of 7 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 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 fifteen 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 fifteen feet compared to forty-three feet, and the maximum height of fifteen 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 Code, a commercial communications antenna is authorized within the W-C-D-N 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 General Plan designation of the subject site is NCC (Neighborhood / Community Commercial). The General Plan does not specifically regulate the installation and operation of wireless communication facilities; however, the use as proposed is compatible with this designation as it supports cellular needs of the surrounding commercial and residential uses and the development of adequate cellular phone levels of services serves the ultimate benefit of the community. 26 Planning Commission Staff Report Case 5.1227—CUP / 6.517—VAR September 9, 2009 Page 6 of 7 The antenna will be located near existing forty-five foot tall monopalms and live palm trees that exceed heights of forty feet. The proposal is unlikely to be detrimental to existing or future uses permitted in the zone, since it will be located in a similar environment. 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 the antenna height requirement; the equipment will be placed on an unused portion of the site. Parking in the shopping center will not be affected. The use will occupy only a small portion of the site. Therefore, the site for the intended use will easily accommodate the proposed facility. d. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The only traffic generated from the said use to and from the site will be for maintenance, and the existing infrastructure is anticipated to accommodate the traffic necessary for the maintenance of the facility. e. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. The project is unlikely to have a significant impact on the proposed project site or its immediate surroundings. Conditions to ensure the protection of public health, safety and general welfare are required 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 among others. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). 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 from the public has been received by staff. 2� Planning Commission Staff Report Case 5.1227—CUP / 6.517—VAR [via]kg N R1161191121ic September 9, 2009 Page 7 of 7 The proposed project was reviewed by Staff and the AAC, Staff is able to make the required findings for both the Variance and Conditional Use Permit requests. Therefore, staff is recommending approval of the proposed monopalm at a height of no more than forty-five feet and subject to the conditions attached to the draft resolution. -zi"- David A. Newell Associate Planner ACHMENT& 4 ' Radius Map - Dra esolution with Conditions of Approval - Site PI - Elevations - Slim line Mo ole Design - Photographic Si ations Height Study Maps 2S Planning Commission Minutes of September 9, 2009 The Commission discussed maintenance of the palm fronds a ms), co - locations for additional antennas and slim line poles versus mon s. Commissioners Hudson and Caffery noted their pr ce for slim -line monopoles. M/S/C (Scott/Donenfeld' 4-2, Ca udson, 1 absent/Munger) To recommend approval to the City Council ct to Conditions of Approval, as,amended: -Install desert cape including three live palms trees adjacent tothemonopalm. -Revise dition PLN 13 to include, the ;�sapplicant shall provide a m alm structure capable of allowing co -location foranothefwireless communication ovider." 5C_ Case 5.1227 CUP 16.517 VAR - A r quest by Royal Street Coinri)Gnications for a Conditional Use Permit to installr,a-. fifty=five foot tallr"`commercial communication antenna and a Variance to,: exceed the maximum antenna height permitted from fifteen;_feet to fifty-five`feetlocated at 4733 East Palm Canyon Drive, Zone W-C-D-N,-Section 30. (Proje6i.P_.lanner: David A. Newell, Associate Planner) m- David Newell, Associate Planner, provided background" iriformation as outlined in the staff report dated 5eptember_%.2009. ,r The public hearing was,opened_-') -Veronica Ariz", representing'uftyal,;Street Communications, responding to questions ori m from the Cission and provided defAi6-ri the height and location of the monopalm. There'being no furthei'appeara'ni;es„the public hearing was closed. MIS/C (Cafiery/Conrad, 6,4, 1 absent/Munger) To recommend approval to the City Council, subject,to Condition's of Approval, as amended: r; -The maximum 11i'el4ht,4 •the slim -line monopole antenna structure shall be forty-five feet. -The slim -line monopole shall be light -to -medium brown in color. -The slim -line monopole shall be structurally engineered to allow one additional co - locator. 5 2� Royal Street Communications California, L.L.C. W Q LA3624A RIMRC30K PLAZA 4733 EAST PALM MAYON DRIVE PALM SPR]NOS CA 92264 Q,�i]AHTISTIC { AEslms.com 67MASs1ns 'M mmen Rimrock Plaza 4733 E. Palm Canyon Drive, Palm Springs CA92264. Radcenter @ 15' MetroPCS Inc. — Proprietary This Document contains proprietary information of metroPCS and is not to be disclosed or used except in accordance with applicable agreements. Unpublished and not for either publication or public release. Unlimit Yourself. All rights reserved. Copyright 2009 metroPCS Inc. cis \ 1 \!�: •; \\c�. ram._ `a'�M +:+r.=^•�1 .� ��._ _ / �`` l jZ cis\,✓ `\ \ ~-�".'�_ . \ w ro LA362,-ftArl a Gee- k�11���. nou Rimrock Plaza 4733 E. Palm Canyon Drive, Palm Springs CA92264. Unlirrtit 'YourseM W c- i Radcenter @ 403 MefroPCS Inc. — Proprietary This Document contains proprietary information of metroPCS and is not to be disclosed or used except in accordance with applicable agreements. Unpublished and not for either publication or public release. All rights reserved. Copyright 2009 metroPCS Inc. 1. Project Location_ Site Number/Name- Site Address: City, State, ZIP: County: Assessor Parcel Number - Latitude (NAD 83 D-M-S): Longitude (NAD 83 D-M-S): ATTACHMENT A 0 NEW BUILD LA3624A / Rimrock Plaza 4733 E. Palm Canyon Drive Palm Springs CA 92264 Riverside 681-170-058 33- 47- 29.78 N 116- 29- 37.52 W ❑ MODIFIED 2. Project Description: Number of Antennas to be installed: Six (6) panel antennas and one (1) GPS antenna Tower Design: New Slimline Pole N ' �y n- 77 Tower Appearance: Antennas mounted on new Slimline Pole Tower Height: 45' Top of new pole. Royal Street antennas at 42'-2" RAD center Building / Equipment Pad Size(s): 12' X 20" Equipment lease area 3. Business addresses of all Local Government Agencies City of Palm Springs City of Palm Springs City of Palm Springs Craig Ewing, Planning Director James Thompson, City Clerk David H. Ready, City Manager 3200 E. Tahquitz Canyon Way 3200 E. Tahquitz Canyon Way 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262 4. Land Use Approval: On October 7, 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 No.5.1227 and Variance No. 6.517, CPUC AlW&h ucj A 020306 Royal Street Communications, LLC 2913 El Camino (teal, #561 Tustin, C.A. 92782 11 /30/09 Ms. Anna Hom Site Reference: LA3624-A Consumer Protection and Safety Division California Public Utilities Commission 605 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(&sbcolobal.net. In my absence, if necessary you can contact John R. Lister, Vice President — Network Development at (214) 395- 7504 or iohnlister2005(a)vahoo.com. The W.I.R. Number for Royal Street Communications, LLC is U-3086-C. Sincerely yours, Royal Street Communications, LL Iq By: hristine Bryden, Network Development Manager or Date Susan Delmer, Assistant Manager of Network Development Attachment: CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION O City Council Meeting Date: October 7, 2009 Subject! ROYAL COMMUNICATIONS CONDITIONAL USE PERMIT AND VARIANCE AT 4733 EAST PALM CANYON DRIVE AFFIDAVIT OF MAILING I, Kathie Hark, 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 September 24, 2009, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (189 notices) I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Kathie Hart, 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 September 26, 2009. I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMG Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, 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 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 September 24, 2009. I declare under penalty of perjury that the foregoing is true and correct. 4��Qcv Kathie Hart, CMC Chief Deputy City Clerk 35 PROOF OF PUBLICATION Tltis is space for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside NO 4225 NOTICE OF PUBLIC I•IEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.1227 CONDITION IL Li PERMIT / 6.517 VARIANCE ROYAL STREET COMMUNICATIONS 4733 EAST PALM CANYON DRIVE I am a citizen of the United States and a resident of NOTICE IS HEREBY GIVEN that the Cil the County aforesaid; I am over the age of eighteen c^wnal of I1w City vl Pn,h shnmi , C.Ilin,,,u. „�11 hold a public hearing at i13 mee0ng of October r years, and not a party to or interested in the 2009. The City Council meellnv-Ibeg,ns d 6 00 abnvc-<ntitled matter. I am the rinci al clerk of a rr m In II,,. cuur,nl Char•ibei a( City rP,ll, 32no P P Easl Tahgmte Canyon way, Palm Spnnn, printer of the, DESERT SUN PUBLISHING mW prupo•r of 6,,I neatill Is to mnalder m, I COMPANY a newspaper of general circulation, cation by Royal Struct Coinn'mmalbone air a Con- ' dltlonal Ilse Permit to Install a new forty-five ;cot printed and published in the city of Palm Springs, tall cnlnrnrlcnl communlcv,on 3mnnn3 71m Court of Riverside, and which newspaper has been hearinq will also include d Vure C dppiicahon to Countyexceed the maximum antenna height petmmed adjudged x newspaper of general circulation by the located at 4733 Easl IntorPelm Canvoo tilt proper Superior Court of the County of Riverside, State of W-C-D-N IDeslgned Ne,ghboihood Shnpppnl contor w,ll, W von uur,I, Ovr. rC,yl California under the date of March 24, 1988. Case - Number 191236; that the notice, of which the Av nmVltlnnr Minya, -'I annexed is x printed copy (set in type not smaller than non panel, has been published in each regular and entire issue of said newspaper and not in any-�x'�---� F TL7 supplement thereof on the following dates, to wit: September 26"', 2009 ----------. n_ All in the year 2009 — • -` n iC7^ram I certify (or declare) under penalty of perjury that the f•�� =�y".e t'....,..,c..._..... foregoing is true and correct - ENVIRONMENTAL DETERMINATION This prp)ect Is categorically c\empt Imm envllon- Dated at Palm Springs, California this---26`", ----day mental review punu3nt to Srrnun 15Cm (Nrw "L'onelrl,cllnn or Conversion of Small Structures) of II I, R,Iifornio Emnmrimantnl Qual„y Act (CEOAI. ._ ai------ Scplcmher�= -- --------, 2009 REVIEW OF PROJECT INFORMATION: 'the proposed 3pphvmou Jr rl In end relatod Joelmu rd•, .rtr avdildble for cubic review at City Hall bemoan the hours of 8.00 a.m and 6 Do p m ,_— Monday througgh Thursday Please con13i1 Ile of. lice of the Clry Clnek al 171M ;,23.6204 if you / � lice o pth Ig •.ohC"to an appolntrnsnt to review --^^----------------------�• these documents. Signxtur COMMENT ON THIS APPLICATION Ra- sponse to this notice may be made vetbally it n,,. Public 1-fil aml/0r In wriln,q bufom the hear- _ n9 Wrllon comments may be made to the City Council by letter (for mail of hand uellveiy) to. —r: Jdmus Thompson City Cleric - 920u E. TahgwC Canyon Way Palm Spring,, CA, 220, Any challenge of the proposed project ,n court rt—may be 11 IlRd to IlfliW(1 Only MOW Is,tlus raised �G a[ Iha Public testing described in this notice of In _ — c.~ 'r'-' r 1 written correspondence dellvr-Iad:0 the City CI, if at nr pprim, In the urbin hudnn0 IGovernmem Gode Secllon GLODG�b]12]). An opportunity will tin gmari 11 ;.rid ho•n'Iml fur:Ifl H ` Moru,tud persons to be heard. Queations regard- ing IhL= Case may ho g,IPCIDif to Ddvnt A rlt'll Il, Pldmi Survicos DoPanment at (760) 323-8ulb. SI neceslta ayuda con o^I'r :,,n I,orf lv , Ibm,,, ., Ia Ciudad Jr. Patin SPrmga y puede hailer con Nadine Finger telefono (7,60) J22-e2.15. James Thorri City Clerk Publlahede 9126109 s. /.2 a 7 VA,� 1. APN:681-152-055 APN; 681-160-018 2. APN:631-170-017 US GOVT PALM HILLS LAND CORP ATI'N. REGGIE MCNUELTY SAME AS #1 141 W JACKSON BLVD 439 300 N LOS ANGELES ST CHICAGO IL 60604-2929 LOS ANGELES CA 90012 3. APN, 691.170-021 4. APN: 681.170.026 5. APN- 681.170.038, 039 VONS COMPANIES INC FRANCISCO J & CHERYL A URRUTIA SHP III RIVERSIDE LLC 1371 OAKLAND BLVD #200 1950 DESERT PALM DR WALNUT CREEK CA 94596-8408 PALM DESERT CA 92262- ADDRESS NOT ON TAX ROLL 6. APN 681-170-040, 042. 052, 056 7 APN' 681-170-046 8. APN 681-170-048 TO 059 CITY OP PAI,M SPRINGS TOWER CNTITY 7 LLC NOMIYAMA MARTHA C TRUST PO BOX 2743 6391 SPRINT PKWY PO BOX 4879 PALM SPRINGS CA 92263-27-13 OVERLAND PARK KS 66251-6100 CULVER CITY CA 90231-4879 9. APN: 681.170-066 10. APN- 681-171-001 11 APN- 681-171-002 MATTHEW DRIVE PLACE BRCNT J LUSCH EVA TASARZ 5305 E 2ND ST 4204 2601 S BROADMOOR DR #1 PO BOX 738 LONG BEACH CA 90803-5339 PALM SPRINGS CA 92264-5904 PALM SPRINGS CA 92263-0738 12 APN 681-171-003 13. APN:681-171-004 14. APN:681.171.005 CHfEN FENG RICHARD M & JULIE B HOPPE EMERY A & LOUANNE G GEIGER 883 W JANE CT 1227 N KEN W OOD S I` PO BOX 1480 UPLAND CA 91766-2244 BURBANK CA 91505-2128 LUCERNE VALLEY CA 92356-1480 15. APN:681-171-006 16. APN:681-171-007 17. APN:681-171-008 PES'I'US HAYWOOD WEST CHARLES B & JANET M FIELDS JOHN H FLEMING 2601 S BROADMOOR DR 06 98 SPRING ST 2601 S BROADMOOR DR 08 PALM SPRINGS CA 92264-5904 MEDFORD MA 02155-4064 PALM SPRINGS CA 92264-5904 18. APN 681.171.009 19. APN 681-171-010 20 APN 681-171-011 IRENE ROSS LOUIS M GUTIERREZ PERCY A BREEDEN 2601 S BROADMOOR DR #9 2838 OREGON ST 49540 PARK AVE PALM SPRINGS CA 92264-5904 I.OS ANGELES CA 90023-1523 MORONGO VALLEY CA 92256-9206 21. APN:681-171-012 22 APN:681-171-013 23. P.PN:681.171-014 CHARLES J & HADASSAI-1 FEINGOLD EVALINE R DIEKEMPER RAYMOND JOHN HERNANDEZ 6 WOODBRIDGE CT 2601 5 BROADMOOR DR #13 2601 S BROADMOOR DR #14 DOVE CANYON CA 92679-3493 PALM SPRINGS CA 92264-5904 PALM SPRINGS CA 92264-5904 24. APN: 6 171-015 25. APN, 681-171-016 26 APN: 681.171-017 LINDA D & JO -PH C MCLAUGI-ILrN COREY NASH PETER GRENIER 2601 S BRO,yDMOOR DR #15 125 CROWN PT UNT 15549 130X 15 PALM SPRTy{gGS CA 92264-5904 SANFOIUJ NC 27332.6618 APO AP 96205 27, APN: 681-171-018 28, APN 8`1-171-019 29 APN:681-171-020 MICHAEL B & DARLENE L RUTBCRG LOT 1 TRUS - INGELA S1D1-IIJ 3136 HEMSTEAD CT 7349 MIL EN AVE #140-180 2601 S BROADMOOR DR #20 WEST COVINA CA 91791-3438 R4NC CUCAbIONGA CA 91730-7435 PALM SPRINGS CA 92264-5908 30. APN.681-171-021 KLEWENO ANN FAMILY TRUST" 2601 S BROADMOOR DR 921 PALM SPRINGS CA 92264-5908 33 APN:68 71.024 Sf'FVEN SPE R 1045 N KIN RD 4104 WEST H LYWOOD CA 90069.6002 36. APN 681-171-027 SCOTP A & GINA R LYLE 2920 E VIA VAQUERO RD PALM SPRfNOS CA 92262-7942 39- AI?N 681-171-030 ELISA LYNNETTE LUTES 6242 E TWIN PEAK CIR ANAHEIM CA 92807-4851 42 APN• 681-171-033 PAULSANDERSON 1919 SANDCLIFF RD PALM SPRINGS CA 92264-4943 45. APN:681.171.036 JAMES W & BRYAN JAMES ANDERSON 2027 N HOOVER ST LOS ANGFI FS CA 90027-2813 48. APN:681-171-039 JAIv1CS ANNE LIVING TRUST 255 N EL CIELO RD 9140 PALM SPRINGS CA 92262-6910 51. APN, 681-171-042 OLA FITZGERALD 2601 S BROADMOOR DR #42 PALM SPRINGS CA 92264-5916 34, APN.681.171.045 VIRGINIA H & ANDREW TORRES 2601 5 13ROADMOOR DR #45 PALM SPRINGS CA 92264.5916 31, APN.681.171-022 32 APN:681-171.023 ROBERT MICHAEL WEISS DOUGLAS TOMSKY 2601 S BROADMOOR DR P22 21 W 276 CRESCENT BLVD PALM SPRINGS CA 92264-5908 GLEN ELLYN IL 60137- 34. APN.681-171-025 35. APN:681-171-026 DALE A & SUSAN L WfLLIAMS WILLIAM HATFIELD 6702 CHAMOIS CIR 2601 S BROADMOOR DR 426 CYPRESS CA 90630-5703 PALM SPRINGS CA 92264-5909 37. APN•681-171-028 38. APN:681-171-029 JEAN M MCDONOUGH WILLIAM PAUL & SHELBY JEAN ULLOM 73120 DESERT GREENS DR N 11035 CANDOR ST PALM DESERT CA 92260-1186 CERRITOS CA 90703-6427 40 APN:681-171-031 41 APN:681.171.032 JUAN CABALLERO PETER A CRIVELLO 2601 S BROADMOOR DR 431 PO 13OX 2054 PALM SPRINGS CA 92264-5908 MONTEREY CA 93942-2054 43 APN;AI-171-034 44, APN:681- 1-035 KFITH SU A SKY JOAN NORMA ,'�✓� 20251 SS,4POIN I IN #204 149 N IIAM PON OR , HLV GTON BEACH CA 92646 BEVE HILLS CA 90211.2234 46 APN,681-171-037 47, APN:681-171-038 THEON T & JANICE Y DALTON SEYMON & AGNES EMERT 322 BLUE CAVERN PT 6341 INNSDALE DR LONG BEACH CA 90803-6813 HOLLYWOOD CA 90068-1623 49. APN:681-171-040 LEONARD R & ROSE E CRAIG 809 SPINNING WHEEL CT El, DORADO BILLS CA 95762-6612 52 APN:681-171-043 WILLIAM 0 NOREN 2601 S BROADMOOR DR 443 PALM SPRINGS CA 92264-5916 55. APN: 631-171-046 DAVID TRUJILLO 2601 S BROADMOOR DR k46 PALM SPRINGS CA 92264-5916 50. APN:681-171-041 THEODORE S & DARCI N BIDMAN 5115 NATFL4N LOOP SE AUBURN WA 98092-8711 53, APN, 681-171-044 SEMION & LARISA STOLYAR 14448NW WHISTLERLN PORTLAND OR 97229-8204 56, APN: 681-171-047 BROOKE PICONE 5715 CANTERBURY DR CULVER CITY CA 90230-6545 57, APN:631.171-048 58 APN:681-171-049 59, APN.631.171-050 LEONARD R & ROSE I, MUG JUDY A SGRO HOWARD GRFER 809 SPINNING WHEEL CT 2601 S BROADMOOR OR 449 2601 S BROADMOOR DR #50 EL DORADO HILLS CA 95762-6612 PALM SPRINGS CA 92264-5917 PALM SPRINGS CA 92264-59I7 J� a Z c� V4,O,- n 60. APN:681-171-051 61. APN:681.171.052 62, APN:681-171-053 MONIQUE STOKVIS ALBERT & SANDRA KEPLER MARGARET A SITTERSON 103 8RGGKDALF CRES 9410 GLORY AVE 2601 S BROADMOOR OR #53 SASKATOON SK S7V IK5 CANADA- 'I UJUNGA CA 91042 PALM SPRINGS CA 92264.5917 63. APN:681-171-054 64. APN.681-171-055 65. APN:681-171-056 EVA K STEIN HAROLD L BUR.SANK ANTHONY J & PATRICIA A DIVIRGILIO 456 POPLAR LN 4459 W 60TH ST 414 STI-I S'I- EAST MEADOW NY 11554-3733 LOS ANGELES CA 90043-3503 HUNTINGTON BEACH CA 92648-4629 66. APN:681-171-057 67. APN.681-171.059 68, APN.681-171-059 DENNIS J & JOAN G CINDRICH PETER S DANIELSON STANTON A & CYNTHIA BI~NNETT 2303 VINEYARD PL 4070 KANSAS ST#207 BROWN BOUI,OF,R CO 80304-0649 SAN DIEGO CA 92104-2515 19321 WINCHESTER LN YORGA LINDA CA 92886-5842 69. APN 681-171-060 70, APN: 681-171-061 71 APN 681-171-062 ELAINE & DAVID GREAIz WARD KURENOPF MARTHA CORDOBA 2601 S BROADMOOR DR #60 2601 S BROADMOOR DR #61 1061 PARK AVE #212 PALM SPRINGS CA 92264-5917 PALM SPRINGS CA 92264-5917 LONG BEACH CA 90804-4376 72. APN: 681.171.063 73. APN: 681.171.064 74. APN: 681.171-065 TED K SEASTROM ANNETTE D HUVLER MARY ANN WILLIAMS 2601 S BROADMOOR DR #63 704 228'I'H AVE NE #209 2601 S BROADMOOR DR 465 PALM SPRINGS CA 92264.5919 SAMMAMISH WA 98074.7222 PALM SPRINGS CA 92264-5919 75. APN: 681-171-066 76 APN- 681-171-067 77. APN: 681.171.068 GREGORY 0 HOLTA IRENE THERESA MOTTA GEORGE E RAMOS 8501 DAGAN ST PO BOX 3758 2601 S BROADMOOR DR #68 ANCHORAGE AK 99502-5410 MANI IATTAN BFACII CA 90266 PALM SPRINGS CA 92264-5919 78. APN: 681-171-069 79. APN: 681-171-070 80, APN, 681-171-071 JULIA C DONLON PAUL B LU CHIEN FENG PO BOX 39340 2601 S BROADMOOR DR #70 883 W JANE CT DOWNEY CA 90239-0340 PALM SPRINGS CA 92264-5919 UPLAND CA 91786 7244 81, APN: 691-171-072 82. APN, 681-171-073 63, APN: 681.171-074 CHRISTINA A VERDUGO ADAM THROPAY WILLIAM T RAMEY 2601 S BROADMOOR DR #72 8115 DACOSTA ST 2601 S BROADMOOR DR 474 PALM SPRINGS CA 92264-5919 DOWNEY CA 90240-3901 PALM SPRINGS CA 92264-5919 94. APN 681-171-075 85. MN:681-171-076 86 APN, 681-171-077 ROSENTHAL ISABEL LIVING TRUST AREN & ARMEN YOUSSEFIANS LARRY MACNABB 2601 S BROADMOOR DR 475 2601 S BROADMOOR DR #76 10460 SW SHEARWATER LOOP PALM SPRINGS CA 92264-5919 PALM SPRINGS CA 9j264-5919 BEAV IiRTON OR 97007-8335 87. APN 681-171-078 88 APN: 681-171-079 89. APN: 681-171-080 JOHN M MCBRAYER MARL{ A GROEN LAGER ROBERT M RODRIGUEZ 670 N CONEJO SCHOOL RD 321 1/2 N STANLEY AVE 10441 MOHAWK CT THOUSAND OAKS CA 91362-2660 LOS ANGELES CA 90036-23311 CYPRESS CA 90630-4429 . /.t 4 i Gcti,P / 6. S-i -7 V,9-< 0 90. APN:681.171-081 91, APN:681-171-032 JOHN CARL & WINONA LEILANI FAYE D 13ANDOW PUGLIESE 2601 S BROADMOOR DR 02 2448 W VALF,WOOD ST PALM SPRINGS CA 92264-5922 SAN DIMAS CA 91773.1039 93. APN:681.171.084 BOGOLJUB S MITROVIC 447 FAIRLEE CT SUGAR GROVE IL 60554-9235 96. APN:681-171-087 MOHAMAD TAHIR SHAREEF 2601 S BROADMOOR DR 987 PALM SPRINGS CA 92264-5922 99. APN:681-171-090 MARK J & DEBBIE FRANK 24945 EATON LN LAGUNA NIGUEL CA 92677-8875 102, APN:681-294-002 SIIENEMAN FAMILY'PRUST PO BOX 3396 IDYLLWILD CA 92549-3396 105. APN:691.294.005 NATHAN & VIRGINIA PHIPPS PO BOX 884 CI-IEROKEE IA 51012-0884 108. APN:6 -294-008 LINDA E AV OS PO BOX 10 PALM S INGS CA 92263-0100 Ill, APN• 68l 294-011 IDABELLE F GRIFFIN 24244 MADISON ST TORRANCE CA 90505 114 APN' 681-294-014 VIRGINIA M WALKER 312 UNDO AVE NEWPORT BEACH CA 92661-1132 94, APN:681-171-085 ROBER I' LASTRA & ASSOCS INC D13P 2345 N40RENO DR LOS ANGELES CA 90039-3045 97. A1'N:631-171-088 MARK ROSENBERG 1819 SANDCLIFF RD PALM SPRINGS CA 92264 100./AP91-171-OQI SFE IpPO BdFRE26.016S 92, APN:681-171-083 EUGENE F & ROSEMARY FAGYN 5760 MADRID LN LONG BEACH CA 90814-3221 95, APN 681-171-086 FRANK E SNIP 16435 GRAND AVE BELLFLOWER CA 90706-5033 98, APN: 1-171-089 � 6'a DAVID V P tKER vim" 2601 S B ADMOOR DR #89 PALM PRINGS CA 92264-5922 092 101. APN:691-294-001 EDWARD C KRAVITZ 1281 COUNTRY HILLS DR SANTA ANA CA 92705-2387 103. APN:681-294-003 LEONARD & FLORENCE STEINBERG 5125 E WAVERLY OR #B3 PALM SPRINGS CA 92264-7501 106. APN:681.294-006 MICHAEL E & CONNIE JO ROBINSON 4233 F CORNWALL AVE ORANGE CA 92867.2193 109 APN:681-294-009 PHILIP J & ROBYNE L KAJSZO 2172 SALTAIR AIR DR SANTA ANA CA 92705.3323 112, APN' 681-294-012 WEBER LIVMG'I'RUST 501 DOUGLASS ST % SAN FRANCISCO CA 94114 2752 115 APN• 681-294-015 IIFRNIAN U & DAISY FLORES PO BOX 771 LA MIRADA CA 90637-0771 104, APN:68I294-004 WAYNE EDWARD BOYER 5125 E WAVERLY DR #B4 PALM SPRINGS CA 92264-7501 107. APN; 681 29d-007 MCGRATH LEOLA A TRUST 9339 TARRYTON AVE WHITTIER CA 90605-2544 110. APN 681-294-010 SHIRLEY A NUNN 5060 VIA DEL FIERRO YORBA LINDA CA 92887-2520 113, APN 681 :94-013 ROGER S & KAREN H SPOLAR 4553 COACHMAKER DR BLOOMFIELD HILLS MI 48302-2226 116 APN' 681 294-016 FRED D & CAROL 1, MILLER 5125 E WAVERLY DR #B16 PALM SPRINGS CA 9226-1-7501 117. APN:681.294-017 118, APN 681-294-018 119 APN:6 294-019 F CLARK &HEATHER SUTLER ROSEFF LIVING TRUST JULIETTE BO CHER f` GARDNER 5125 E WAVERLY DR#B-IS 5125 C W •RLY DR #1319 3633 LOMBARDY RD PALM SPRINGS CA 92264-7501 PALMS 'INC, CA 92264-7501 PASADENA CA 91107 /.J d,7 Ginn / 6 7 VAA� 120. APN, 681-294.020 / 121 APN: 681-294-021 CHAN HONG LIM GLENN & BONNIE RYAN 1101 PINE ST #N300 27395 PASCO PLACENTIA SAN FRANCISCO CA 94109-5167 SAN JUAN CAPISTRANO CA 92675 123. APN:681-294-023 DONNA RAE PARKS 110 BOX 785 MCCLOUD CA 96057-0785 126. APN :68t-2 -036 FEDERAL HOM AN MTG CORD"'. 5105EWAVEV DR I !" PALM SPR S CA 92264-6060 129. APN.631-294-029 H ANTHONY & LYNDA GARTSHORE 2354 S BRENTWOOD DR PALM SPRINGS CA 9"_'264-5933 132, APN 681-294-032 SESTRICH A P LIVING TRUST 6 VISTAMIIL',GE WAY RANCHO MIRAGE CA 92270-1906 135 APN 681--294-035 HILLMAN W 1990 LIVING TRUST 45 CHRISTINA ST ARCADIA CA 91006-1074 138, APN:681-294-038 ALLAN H & LINDA H STEWART 4608 VIA GENNITA SANTA BARBARA CA 93111-1324 141. APN 681-294-041 OBRIEN LIVING TRUST 13244 LA SALINA ST LA M1ltADA CA 90638-3436 144, APN:631294-044 CHARLES R KNOECK 5115 E WAVERLY DR ID44 PALM SPRINGS CA 92264-7503 124. APN 681-294-024 RICHARD D & MARY A CASS 5105 E WAVERLY DR #1-124 PALM SPRINGS CA 92264-6060 127 APN:681--294-027 JAMES L. & 9YI,VIA J KOLESZAR 7704 BIRCH BAY DR 4565 BLAINE WA 98230-9411 130. APN:681-294-030 MICI4AEI, J & CHERYL A EVANS 30012 AVENIDA DEL YERMO CATHEDRAL CITY CA 92234-2865 133 APN:681-294.033 SORCNSEN ROBERT E LIVING TRUST 5115 E WAVCRLY OR 933 PALM SPRINGS CA 92264.6058 136, APN:681.294-036 CDWARD & MAVIS DUNN 22025 SW AUGUS 1'A LN HILLSBORO OR 97123-6557 139. APN- 681-294.019 ROLLAND L JOHNSON 54 CI-IRISTINA ST ARCADIA CA 91006-4047 142 APN:681-294-042 SCOTT M & PAULETTE BROWN 27 AVENIDA FORTUNA SAN CLCNIENTE CA 91673-3252 1.15, APN:681-294-045 OSWALD VALCNTB 5173 E WAVERLY DR #F45 PALM SPRINGS CA 92264.7502 122, APN 681-294-022 HOLLY A HEINZ 3380 DEVILS 1-I0I.6 RD CRESCO PA 18326 125, APN:681-294-025 BRIAN DON LEVY 908 S VILLAGE OAKS DR #200 COVINA CA 91724-3676 128, APN•681-294-028 BENVENUTO C LIVING TRUST 2265 VIA PUERTA #B LAGUNA WOODS CA 92637-2313 131. APN: I-294-031 MARI.4N EI NBERG 5115 C W ERLY DR #D31 PALM 'RINGS CA 92264-7503 134. APN: 681-294.034 JOSEPH S MODICA 5115 E WAVERLY DR #D34 PALM SPRINGS CA 92264-7503 137. APN: 681-294-037 JOHNSON ROLAND L FAMILY TRUST 54 CHRISTINA ST ARCADIA CA 91006.4047 140, APN:681-294-040 CASPER J SCHMAND PO BOX 100 GRAYS RIVER WA 98621 113 APN-681-294-043 PAUL E MARTINET 1026 ENCANTO DR ARCADIA CA 91007-6105 146. APN:681= 94-046 IRVING GORE 3436 PRINIERA AVE LOS ANGELES CA 90068-1552 147. APN:681-294-047 148. APN 681-294.048 149 APN.681-294-049 JESSIE G GARCIA SOREN FREDERICK SORENSEN MELVIN S & WENDY R W131NBERG 110 IIORSESI-IOE CIR 5175 E WAVERLY DR 8F48 6279 FAIRHAVEN RD WEST' COV INA CA 91791-2413 PALM SPRINGS CA 92264-7502 MAYFIELD HEIGHTS OH 44124-4108 00 S.- IJ.,7 c,,.b / C,. r ,7 Vf, 150. APN:681294-050 151. A11N.681-294.051 JOSEPH PUHR SAME AS 8121 153 APN: 681 294-053 MARSHALL & CHARL01'1E L GLICKMAN 5433 E SPYGLASS WAY ANAHEIM CA 92807-4625 156. APN:681-294-056 NANCY M PARSON 110 S IRENA AVF REDONDO BEACH CA 90277-3424 159, APN' 681-294-059 EUGENE & CI-LARLENE RUTI I R0617RTS 138 SEYMOUR PL MONROVIA CA 91016-2238 162, APN: 681-372-001, 018 TO 020. 022, 024 TO 048,014TO 016, 050, 052, 054 TO 059,063 TO 078 US GOVT A1'7N, REGGIE MCNUELTY 300 N LOS ANGELES ST LOS ANGELES CA 90012 165. APN :68 72-021 r FRED FREDE KS REALTY INC J 18T W RE ND013CAC11 BLVll GARDE r CA 90247-3641 168, APN:681.372.051 GREENPOINT MTG FUNDING INC 2300 BROOKSTONE CENTRE PKWY COLUMBUS GA 31904-4500 171. APNJg8 72.061 _ ,^ MARK B HAMPSHIRE 10102E VdCHISH DR SCO DALE AZ 85258-•1800 174. APN 681-480-001, 002 WESSMAN I-IOLUMGS 300 S PALM CANYON DR PALM SPRINGS CA 92262-7302 2835 PRINCE CIR ERIC CO 80516-7536 154. APN 681= 94.054 ROLLAND L JOHNSON 54 CHRISTINA ST ARCADIA CA 91006-4047 157 APN' 681 Z94-057 RONALD P & NORA M WEST 27945 MAZAGON MISSION VIEJO CA 92692-1243 160. AFN• 681-294-060 THEODORE 0 & CAROLYN L PORTER 30206 RFIONE DR RANCI IO PAL OS VERDES CA 90275 163. APN:681-372-013 EDMOND H & PATRICIAN CURCURU PO 13OX 771 SOUTHOLD NY 11971.0771 C4'D 152, APN:681-294-052 JEFFREY L FRANKFORT 911 N KINGS RD 9216 WEST HOLLYWOOD CA 90069-4335 155. APN 681-294-055 WILLIE F MCLENDON 1934 FLAMINGO DR COSTA MESA CA 92626-4720 158. APN:681-294.058 WAVERLY PROP 28432 CALLE PINATA SAN JUAN CAPISTRANO CA 92675-6326 161. APN:681-294-061 JAMES F & PHYLLIS A TEMPLE, 1153 GOLF CLUB DR LAUGHLIN NV 89029-1531 164, APN:681-372-017 JAMES LICHNEROWICZ 1301 N FLORES ST 92 LOS ANGFLQS CA 90069-2615 166. APN:681-372-023 167 APN:681-372-049 MICHAEL DADARIO DONALD I KINCAID 930 CLAYTON ST 2441 S GENE AUTRY TRL #F SAN FRANCISCO CA 94I17-4426 PALM SPRINGS CA 92"_'64-5860 169 APN• 681- 2-053 170 APN' 681-372-060 JOSCPI I A 8� NJ I1.1'N K WALL ��-' I ARTHUR R GAUDI 412 PASEO L MAR. 2392 MIRAMONTE CIR E #F PA.LOS V IDES ESTATES CA 90274-1217 PALM SPRINGS CA 92264-5739 172, APN:631-372-062 1-1L'NRY A & ROSE WAECHTER 3357 TOPAZ LN FULLERTON CA 92831-2605 REPRESENTATIVE VERONICA ARVIZU 29992 1 I UN'F1iR RD N 105 11MB 166 MURIUE FA CA 92563 ROYAL STREET COMMUNICATIONS 2913 EL CAMINO REAL 1561 GC MAPPING SERVICE INC NP TUSTIN CA 92782 A FIN: GILBLRf C'ASTRO 3055 W VALLEY BLVD ALHANIBRA CA 91803 173 APN, 681-372.079 LOT COMMON PO BOX 15,19 NEWPORT BEACH CA 92659-1549 APPLICANT METROPCS ATTN: MARK CARNEY 350 COMMERCE SUITE 200 I R V INE CA 92602 :) RETURNED MAIL Case 5.1227/6,517 VAR Royal Street Communications 581372061 MARK B HAMPSHIRE 2395 S. GENE AUTRY TRAIL, UNIT A PALM SPRINGS, CA 92264 681171034 KEITH SULESKY 11412 ARROYO AVENUE NORTH TUSTIN. CA 92705 681171024 STEVEN SPECTOR 2601 S. I3ROADMOOR DR, APT 24 PALM SPRINGS, CA 92264 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.1227 CONDITIONAL USE PERMIT / 6.517 VARIANCE ROYAL STREET COMMUNICATIONS 4733 EAST 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 October 7, 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 for a Conditional Use Permit to install a new forty-five foot tall commercial communication antenna. The hearing will also include a Variance application to exceed the maximum antenna height permitted from fifteen feet to forty-five feet for the property located at 4733 East Palm Canyon Drive, Zoned W-C-D-N (Designed Neighborhood Shopping Center with Watercourse Overlay). ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15303 (New Construction or Conversion of Small Structures) 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 habla_r- con Nadine Fieger telefono (760) 323-8245. d'afnes Thompson, City Clerk = 3G aDepartment of Planning Services Vicinity Map Legend I� 400' Buffer ® Site Q LC -E ` iC SWY1VllERSGY3-� r W Easy Palm Canyon ` Drive � CITY OF PALM SPRINGS CASE NO: 5.1227 CUP / DESCRIPTION: To consider an application by Royal 6.517 VAR Street Communications California, LLC for a Conditional Use Permit application to install a forty-five foot tall APPLICANT: Royal Street commercial communication antenna. The hearing will also Communications include a Variance application to exceed the maximum California, LLC antenna height permitted from fifteen feet to forty-five feet (Metro PCS) for the property located at 4733 East Palm Canyon Drive, Zoned W-C-D-N. 37