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HomeMy WebLinkAbout10/7/2009 - STAFF REPORTS - 1.C.�FpALM gp� u N .q IFO RaNP � 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 FIFTY-FIVE FOOT TALL COMMERCIAL COMMUNICATIONS ANTENNA DESIGNED AS A MONOPALM AT 2101 SAHARA ROAD, CASE 5.1226 CUP AND 6.513 VAR. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a proposed fifty-five foot high wireless communications antenna designed as an artificial palm tree (monopalm) at 2101 Sahara Road. The project is also seeking a Variance approval to exceed the maximum antenna height permitted from fifteen feet to fifty-five feet. The request includes the addition of four equipment cabinets surrounded by a six-foot high block wall. 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. 5.1226 TO INSTALL A FIFTY-FIVE FOOT HIGH WIRELESS COMMUNICATIONS ANTENNA DESIGNED AS AN ARTIFICIAL PALM TREE AND VARIANCE CASE NO. 6.513 TO EXCEED MAXIMUM ANTENNA HEIGHT FOR THE PROPERTY LOCATED AT 2101 SAHARA ROAD." TEM NO.-'. City Council Staff Report October 7, 2009 — Page 2 5.1226 CUP / 6.513 VAR— Royal Street Communications PRIOR ACTIONS: On July 6, 2009, the Architectural Advisory Committee (AAC) reviewed the proposed project and by a vote of 6-0 recommended approval to the Planning Commission with the following requirements: 1. The monopole should not mimic a palm tree but be a slim -line monopole with the antennas contained entirely within the pole. 2. The monopole should be desert tan in color; a similar Lone has been approved for other monopoles in the past. 3. Provide a three foot high block wall along street frontages, five feet back from property line. 4. Install desert landscape between new wall and street. On September 9, 2009, the proposed monopole project was reviewed by Lhe Planning Commission and recommended approval to the City Council by a vote of 4-2-1 (Caffery & Hudson opposed, Munger absent), subject to the applicant installing three live palms adjacent to the proposed monopalm and to a revision to Condition of Approval PLN 13 to include language that ensures the new monopalm will be structurally capable for co - location. The AAC and Planning Commission's recommendations are discussed further in the Staff 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 subject property is approximately 0.38 acres in size and mostly vacant except for the existing monopalm, equipment shelter and live palm trees that are located on the southeast corner of the site. The existing monopalm is fifty-five feet in height and mimics the appearance of a Mexican Fan Palm. The proposed wireless communication antenna would be located on a second fifty-five foot high monopole designed to mimic the appearance of a Mexican Fan Palm. However, the antenna arrays will be located in the artificial palm fronds. The proposal also includes the placement of four mechanical equipment cabinets surrounded by a new six foot high block wall. City Council Staff Report October 7, 2009 — Page 3 5.1226 CUP / 6.513 VAR— Royal Street Communications Table 1: Adjacent General Plan Designations, Zones and Land Uses: General Plan North �LDR (Very Low Density Residential) South O (Office) East O (Office) West I 0 (Office) STAFF ANALYSIS: Zoning N-R-1-C (Single Family Residential with Noise Overlay) P (Professional) P (Professional) P (Professional) Existing Land Use Vacant Parking Lot Vacant Vacant The General Plan designation of the subject site is O (Office). The General Plan does not specifically regulate the installation and operation of wireless communications 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 site is located within the P (Professional) Zone. 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 Height (feet) Front (West) Yard Setback Street Side (North) Yard Setback Side (South) Yard Setback Rear (East) Yard Setback Antenna Height 93.08.03(A)(2)(c)(ii) Proposed Project Requirements (approx.) 15 feet 55 feet 25 feet 89 feet 50 feet 94 feet 10 feet 24 feet 15 feet 48 feet Pursuant to Section 93.08.03(A)(2)(c)(ii) of the PSZC which references 93.08.03(A)(1)(c)((13)) of the PSZC, "If the antenna is not mounted on a building, no part of the antenna structure shall extend to a height of more than fifteen (15) feet above ground level..." The top of the antenna panels are proposed to be located forty-eight feet above the existing grade and the structure including artificial palm fronds will not exceed fifty-five feet in height. The applicant has submitted a variance application to allow the antenna at its proposed height and provided justification diagrams to support it. Findings in support of the project are found in the draft resolution. 3 City Council Staff Report October 7, 2009 — Page 4 5.1226 CUP i fi.513 VAR — Royal Street Communications 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 another monopalm that is 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 recommended findings 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 P 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 another monopalm, which is a similar environment for the location of wireless communications antenna designed as an artificial palm tree. Over ten palm trees exist on the property that will help soften the antenna's appearance. Staff has provided required findings in the attached draft resolution of approval based on the Planning Commission's direction. AAC and Planning Commission Recommendations The AAC recommended approval of the project, subject to the following comments: 1. The monopole should not mimic a palm tree but be a slim -line monopole with the antennas contained entirely within the pole. 2. The monopole should be desert tan in color; a similar tone has been approved for other monopoles in the past. 3. Provide a three foot high block wall along street frontages, five feet back from property line. 4. Install desert landscape between new wall and street. The applicant has agreed to install the block wall and landscaping. Staff is recommending Conditions of Approval No. PLN 3: PLN 3. Conditions_ lmnosed from AAC Review. The applicant shall incorporate the following comments from the review of the project by the City's Architectural Advisory Committee: IA 0 City Council Staff Report October 7, 2009 — Page 5 5,1226 CUP / 6 513 VAR — Royal Street Communications 1. Provide a three foot high block wall along street frontages, five feet back from property line. 2. Install desert landscape between new wall and street. This Condition must be shown on the final landscape plan that is required per Condition of Approval No. PLN 2, The applicant requested the Plannning Commission to consider recommending approval of the monopalm design instead of the slim -line design that was recommended by AAC. After discussion, the Commission ultimately recommended approval of the monopalm design based on the attached conditions of approval, and staff has carried this recommendation forward. 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 photo -simulations depict the proposed monopalm, four equipment cabinets and a six 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 along with the existing and proposed live palm trees will have a minimal visual impact on the surroundings. 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. FISCAL IMPACT: There is no cost to the City associated with the construction of the proposed wireless communications facility. rai rng, P Dire of Pla gin Services David H. Ready, y W _,4�City Manager Thomas J. Wirson, Assistant City Manager M City Council Staff Report October 7, 2009 — Page 6 5,1226 CUP / 6.513 VAR — Royal Street Communications Attachments: 1. Vicinity Map 2. Draft Resolution with Conditions of 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 -simulations of Monopalm 7. Variance Height Study 8. Correspondence from the Public Department of Planning Services (a) Vicinity Map I I y W VE DESERT PARK AV - I t� N W+E S I I Q a Y�y tt^ W SAHARA RD SAKAR.�A R❑ _- O vim`,LLI - -- I i1 V VISTA CHINO ROAD {SW-' '') VISTA CHINO RCi a (SH-1'1'1) Legend SIM �400 Buffer CITY OF PALM SPRINGS CASE NO: 5.1226 CUP & DESCRIPTION: To consider an application by Royal 6.513 VAR Street Communications for a Conditional Use Permit to install a new fifty-five foot tall commercial APPLICANT: Royal Street communication antenna. The hearing will also Communications include a Variance application to exceed the maximum antenna height permitted from fifteen feet to fifty-five feet for the property located at 2101 Sahara Road, Zoned P (Professional). RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CASE NO. 5.1226 TO INSTALL A FIFTY-FIVE FOOT HIGH WIRELESS COMMUNICATIONS ANTENNA DESIGNED AS AN ARTIFICIAL PALM TREE AND VARIANCE CASE NO. 6.513 TO EXCEED MAXIMUM ANTENNA HEIGHT FOR THE PROPERTY LOCATED AT 2101 SAHARA ROAD. 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 fifty-five foot high commercial communications antenna designed as an artificial palm free and an area for equipment cabinets surrounded by a block wall located at 2101 Sahara Road, P Zone, Section 1; 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. 5.1226 and Variance Case No. 6.513 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. 5.1226 and Variance Case No. 6.513 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. 5.1226 and Variance Case No. 6.513 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. 5.1226 and Variance Case No. 6.513 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. 5.1226 and Variance Case No. 6.513 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. 3 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. 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-eight 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 fifty-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 0 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 communications carriers. Diagrams have been provided that show the top of the antenna at a height of fifteen feet compared to forty-eight 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 04.02.00, 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 P zone with the approval of a Type 11 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 O (Office). The General Plan does not specifically regulate the installation and operation of wireless communications facilities; however, the use as proposed is compatible with this 10 Resolution No. Page 4 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. The antenna will be located near an existing fifty-five foot tall monopalm and adjacent to 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. A new wall and landscaping will be installed and 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. 5.1226 and Variance Case No. 6.513, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. 1i Resolution No. Page 5 ADOPTED this 7th day of October, 2009. ATTEST: James Thompson, City Clerk David 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 12 Resolution No. Page 6 EXHIBIT A CONDITIONAL USE PERMIT CASE NO. 5.1226 VARIANCE CASE N0. 6.513 ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC. 2101 SAHARA ROAD 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 Description. This approval is for the project described per Case 5.1226 CUP and Case 6.513 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 April 23, 2009, 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 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, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1226 CUP and Case 6.513 VAR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or Resolution No. Page 7 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 Aooroval. 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 Aooeal. 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 112% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning 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. Comoly 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 Liahtina Conformance. Exterior lighting shall conform to Section 93.21.00, Outdoor Lighting Standards, of the Palm Springs Zoning Code. Manufacturer's out 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. Water Efficient Landscaoino Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior 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. Refer to Chapter 8.60 of the Municipal Code for specific requirements. PLN 3. Conditions Imoosed from AAC Review. The applicant shall incorporate the following comments from the review of the project by the City's Architectural Advisory Committee. 1. Provide a three foot high block wall along street frontages, five feet back from property line. 2. Install desert landscape between new wall and street. This Condition must be shown on the final landscape plan that is required per Condition of Approval No. PLN 2. PLN 4. Outside Storaae Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 5. 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 6. Obsolete Technoloay. 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. 15 Resolution No. Page 9 PLN 7. 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 8. Antenna Structure Heiaht. The maximum height of the commercial communications antenna structure shall be fifty-five feet, as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the structure. PLN 9. 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 10. Use Abandonment. If the antenna(s) and/or monopole are ever abandoned or if this Conditional Use Permit ever expires, the monopole and antenna($) shall be removed within 30 days. PLN 11. FAA ComDliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Administration (FCC). PLN 12. Antenna Visibilitv and Safetv. 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 13. 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. The applicant shall provide a monopalm structure capable of allowing co -location for another wireless communications provider. PLN 14. Conditions Imoosed by the Plannina Commission. The applicant shall install a minimum of three additional live palm trees adjacent to the new monopalm. 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. Resolution No. Page 10 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 806); 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. END OF CONDITIONS H i7 Ro_ aIsyree1 Royal Street Communications California, LLC °aCammuom, L L C I., "���M1 PROJECTTEAM SUEACQVISIMON' 26ti L1'� RFENWNEE ... CONSTRUCTION IAARAGEf ' SURV.' CR: CMLEMWEER' H LA3607A CERRITOS STREET MONOPALM S1W CORNER OF CERRITOS RD. & SAHARA RD. PALM SPRINGS, CA 92262 PROJECT DESCRIPTION: CODE COMPLIANCE: I SHEET INDEX: M. �I f PROJECT INFOMMATIC N: PU°;� 3.1 CO APPIICM1Ni. OTI3 PROVIREFi: a x- AROPERW INFORRIATIM DRIVMG DIRECTIONS: z,•, VICINITY MAP: I I - Cy ! I APPROVALS: 6.51,E a-,5 . 1 225 icF�TR�ivtafo-s ZONING TCTL SHEET APR 2 3 ZOO PLANNIM" 5Ee VjCC _s rz Par¢I r4. 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Ca!lfwe7a, LLC _ 4 ceavlross Ea uOx PAI w,< m xP ZONING — � �i-•: I Imi kkkk Fl I I / [Ld - ', .� " \4iti✓ ..` �r' � ys .s.`� •G I i :NATIONAL 74, s r ! I I e_rn [sr NJ N rt ENLARGED SITE FLAN EPSIlO4 �sm�i.. w[s s [� �.� 2 ENLARGED SITE PLAN A _2 y�lV ,l/IMW 'IHAA\• i 7 NORTH ELEVATION .11- - -; 1 VJEST ELEVATION Royal Slreef C.,a m'.?"ns Californla. LLC +un. M .] Is, .wrcca9 o-cfra�csu ��d�'ciulaloa ZONING I I I i I I I. 1 NR JIM x dal �. NATIONA_L ARCHITECTURAL ELEVATIONS -� 2 A-3 �, OF ?ALM sD U v. Plannin_q Commission Staff Report Date: September 9, 2009 Case No.: 5.1226—CUP / 6.513--VAR Type: Conditional Use Permit and Variance Location: 2101 Sahara Road APN: 501-351-001 Applicant: Royal Street Communications California, LLC (Metro PCS) General Plan: O (Office) Zone: P (Professional) 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 -five-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-five feet for the property located at 2101 Sahara Road. The request includes the addition of four equipment cabinets surrounded by a six-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 Fifty-five foot tall commercial communication antenna located at 2101 Sahara Road. 23 Planning Commission Staff Report Case 5.1226-CUP / 6.513—VAR PRIOR ACTIONS: September 9, 2009 Page 2 of 7 On July 6, 2009, the Architectural Advisory Committee (AAC) reviewed the proposed project and by a vote of 6-0 recommended approval to the Planning Commission with the following requirements: 1. The monopole should not mimic a palm tree but be a slim -line monopole with the antennas contained entirely within the pole. 2. The monopole should be desert tan in color; a similar tone has been approved for other monopoles in the past. 3. Provide a three foot high block wall along street frontages, five feet back from property line. 4. Install desert landscape between new wall and street_ 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 subject property is approximately 0.38 acres in size and mostly vacant except for the existing monopalm, equipment shelter and live palm trees that are located on the southeast corner of the site. The existing monopalm is fifty-five feet in height and mimics the appearance of a Mexican Fan Palm. The proposed wireless communication antenna would be located on a fifty-five foot high monopole designed to mimic the appearance of a Mexican Fan Palm. However, the antenna arrays will be located in the artificial palm fronds. The proposal also includes the placement of four mechanical equipment cabinets surrounded by a new six foot high block wall. Table 1: Adjacent General Plan Designations, Zones and Land Uses: General Plan Zoning Existing Land Uses North VLDR (Very Low Density N-R-1-C (Single Family Vacant Residential) Residential with Noise Overlay) South O (Office) P (Professional) Parking Lot East O (Office) P (Professional) Vacant west O (Office) P (Professional) Vacant ANALYSIS: The General Plan designation of the subject site is O (Office). The General Plan does not specifically regulate the installation and operation of wireless communication 24 Planning Commission Staff Report September 9, 2009 Case 5 1226—CUP / 6.513—VAR Page 3 of 7 facilities; however, staff has determined [hat the use as proposed is compatible with this designation as it supports cellular needs of the surrounding commercial and residential uses. The site is located within the P (Professional) Zone. The use is permitted with the approval of a Type 11 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 F—Heiqht (feet) Front (West) Yard Setback Street Side (North) Yard Setback Side (South) Yard Setback Rear (Past) Yard Setback Antenna Height: 93.08.03(A)(2)(c)(ii) Requirements 15 feet 25 feet 50 feet 10 feet 15 feel Proposed Project (approx.) �55 feet 89 feet 94 94 feet 24 feet 48 feet Pursuant to Section 93.08.03(A)(2)(c)(ii) of the PSZC which references 93.08.03(A)(1)(c)((B)) of the PSZC, `If the antenna is not mounted on a building, no part of the antenna structure shall extend to a height of more than fifteen (15) feet above ground level..." The top of the antenna panels are proposed to be located forty-eight feet above the existing grade and the structure including artificial palm fronds will not exceed fifty-five feet in height. The applicant has submitted a variance application to allow the antenna at its proposed height and provided justification diagrams to support it. Findings in support are found below in the Required Findings portion of the staff report and in the draft resolution. AAC Recommendation: The AAC recommended approval of the project, subject to the following comments: 1. The monopole should not mimic a palm tree but be a slim -line monopole with the antennas contained entirely within the pole. 2. The monopole should be desert tan in color; a similar tone has been approved for other monopoles in the past. 3. Provide a three fool high block wall along street frontages, five feet back from property line. 4. Install desert landscape between new wall and street. The applicant has agreed to install the block wall and landscaping. Staff is recommending Conditions of Approval No. PLN 3: 25 Planning Commission Staff Deport Case 5.1226—CUP 16.513—VAR September 9, 2009 Page 4 of 7 PLN 1. Conditions Imoosed from AAC Review. The applicant shall incorporate the following comments from the review of the project by the City's Architectural Advisory Committee: 1. Provide a three foot high block wall along street frontages, five feet back from property line. 2. Install desert landscape between new wall and street. This Condition must be shown on the final landscape plan that is required per Condition of Approval No. PLN 2. The applicant is seeking approval of the artificial palm tree design at the request of the property owner. Considering the property contains an existing artificial palm tree and a grove of live palm trees, staff is recommending approval of the artificial palm tree design. This type of artificial palm tree has been approved in the recent past at a site with a similar situation. Should the Commission determine that its preference is the slim -line monopole design even with existing monopalm 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 simulations depict the proposed monopalm and a six foot high block wall around the lease area. 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 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: 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-eight 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 26 Planning Commission Staff Report Case 5.1226-CUP / 6.513-VAR September 9, 2009 Page 5 of 7 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 fifty-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. 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-eight 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: 27 Planning Commission Staff Report Case 5.1226-CUP / 6.513-VAR September 9, 2009 Page 5 of 7 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 P 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 O (Office). 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. The antenna will be located near an existing fifty-five foot tall monopalm and adjacent to 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. A new wall and landscaping will be installed and 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. 28 Planning Commission Staff Report Case 5.1226—CUP / 6.513—VAR September 9, 2009 Page 7 of 7 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. I4.D/I:iU0IT, =1►III IFi1no] A94NIT, ll.r-AIre] 0i 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. CONCLUSION: 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. David A. Newell Associate Planner TTACHMENTS: Radius Map - Dra esolution with Conditions of Approval Site PI s - LIGVQLIUII - Slim -line M Opole Design Photographic ulations Height Study Ma A. wing, P Dire r of Pla i g Services 29 Planning Commission Minutes of September 9, 2009 a. To incorporate elements of the original shopping center in the design main monument sign. fy M/S/C (Conrad/Caffery, 5-1, Donenfeld, 1 absent/Munger) Taw pprove the sign program with the exception of the main monument sign, s,,'�to Conditions of Approval, with direction to staff: `� -To simplify the design of the main monume %'sign based"'qn Commissioners' comments-� -To create an ad hoc subcommittee con�i ng of: Douo''Hudson and Jon Caffery to provide final review on the main monum sign and approval 6y. the Planning Director. S. PUBLIC HEARINGS: 5A. Case 3.3333 M / TTM 36185 1 7.1326'rAMM " i ,request by Community Dynamics f rchitectural approval of a 51=unit moderate income for -sale townhou complex and apndominium map, -Jon an approximate 3.6-acre parce toted at 3130 North ..Indian Canyon Drive_ , one R-2, Section 2. (Pr ct Planner: Ken Lyon, Assiici'a'te>Planner) w. ,. e'+' )' M/ (Scott/Caffery, 6-0, 1 absent/Muri6er)_ ,To continue"the hearing to a date to be ermined. _ ., ., r 5B. Case 5.122f 1CUP / 6.513' VAR - A request by Royal Street Communications for a Conditionia(„"Use Permit to instalGa new fifty-five foot tall commercial communication antenna` "i'-d i7,Variance to exceed the maximum height permittedwfrom. fift , W.feet to `fifty-iive feet located at 2101 Sahara Road, zone P, Sectioin'1,, (Proiect Planner. David A. Newell, Associate Planner) David Newell, Associate,;Planner,,),. rovided background information as outlined in the staff repoit.deted September 9, 2009. Chair Cohen opened the public hearing,- -Veronica Arvizu, representing Royal Street Communications, provided details on the location and responded to questions from the Commission. -Bill Ferra, Palm Springs, noted his preference to have a view of a lot with palm fronds instead of a two-story commercial building and spoke in support of the project. -David Hacker, Hacker Engineering, spoke of parking lot expansion for the Kingdom Hall and is looking forward to landscaping improvements to this site. There being no further comments the public hearing was closed- 30 4 Planning Commission Minutes of September 9, 2009 The Commission discussed maintenance of the palm fronds (monopalms), co - locations for additional antennas and slim line poles versus monopalms. Commissioners Hudson and Caffery noted their preference for slim -line monopoles. M/S/C (ScotUDonenfeld, 4-2, Caffery/ Hudson, 1 absent/Munger) To recommend approval to the City Council, subject to Conditions of Approval, as,amended: -Install desert landscape including three live palms trees adjacent to the monopalm. -Revise condition PLN 13 to include, the `,.applicant shall provide a monopalm structure capable of allowing co -location for�anotherwkeless communication provider.' 5C. Case 5.1227 CUP 16,617 VAR - A request by Royal Street Communica " for a Conditional Use Permit to instalL,'a., fifty;five foot tall" 6o rcial communication antenna and a Variance to! exceed the maxi antenna height permitted from fifteen�leet to fifty-five feet located 3 East Palm Canyon Drive, Zone W-C-D-N, Section 30. (ProjectY.ian David A. Newell, Associate Planner) David Newell, Associate Planner, provided backgroii ' r)riformation as outlined in the staff report dated Septerri6;er'9, 2009. The public hearing �wassopened"-J -Veronica Ariz.L from the Comm There_;being no MIS/C (Caffery Council, subk. esenting�Roy reet-.Communications, responding to questions and provi. etails on the height and location of the monopalm. r`•'ap rances-the public hearing was closed. d, 13-0; 1 absent/Munger) To recommend approval to the City mditions of Approval, as amended: -The ma ' um height, of the slim -line monopole antenna structure shall be forty-five feet. -Th im-line monopole shall be light -to -medium brown in color. - e slim -line monopole shall be structurally engineered to allow one additional co- 5 31 Royal Street LA 3 6 0 7 A ij ARTISTIC Communications CERRITOS STREET MONOPALM AEs(ms,com California L.L.C.MGAE.slms r SGLITHiM1'EST CORNER OF CERRITOS DRIVE Fi SAHAR4 READ PALM SPRINGS CA 9$262 'E. srrt r'c 1.-.'�rIG •f I_. ss y.n }se L T i TLC,Av hii S'' - �/w_ f'rI�I� lL �'4 JPCG F. �M•#liil yv f_- _ _� _ - —__ `— _ � SZ � < �_ ' �'e.RSElaTlh�Fi�`� wv- `LROKING RGRTMEAST FROM EAST V15 TM —CH W_0__ L��s st�Ilvc srr.vlc� I , 11 �! :•� .� I?I;[�na��rl;Id�I° Royal Street LA 3 6 ©7 a J ARTISTIC �` cnginee�i��y Communications CERRIT❑S STREET MONOPALM �' Msimsxam .L.C. B7Z9REsims California,� SOUTHWEST CORNER OF CERRITCIS DRIVE & SAH ARA ROAD PP LFI SPRINGS CA 92202 77 ems_e-,or• F,p3 14 viz r ;._ w Q [ � F FRAM EAST DESERT PARK AVENIJE- BTS-B®bbyT 2101 Samara Road, Paim Springs CA92262. Radcenter @ 15) u"llmit YourseNt r-E Alp- T r X, OYT- lT f �_- F'Yl I r -- a-4F1 L Mai) Louond <q Ll In Building (-IIIam) E—�::I� El In Vehicle (-96 dBm) no ❑ F, OLIWOor (-102 d Bm) "ITT Unfirnit Yourself. &fflb xcwz[L�Oo BTS-BobbyT 2101 Sahara Road, Palm Springs CA92262. Radcenter @ 45' Unlimiit Yourself. m n ¢Si556R7� 8tYr1 �� • �-1'\', '•� � � \- ,+ � • fir ,Z� 3--.ii 1. '\Qa � '� ' •'`���� �` 43\'. 1 - CO GEwd ,C\E t)kaa �, l a 1 _ a iIi' �.' ;. �;, ��r' � � } �.-= � i m, ew.rR,"= �; _ � C��� 1-� ` " ; y„d ACC, ram�'f' .. • 'r Alt r f�=t'•�'e �' � �.1_ _�' -;�' , d.h i � � ' '- U�2r4�'6t*�+% �I,ARi#f?.S.\. �•. \ jfr q.Volt'JoUVIA2Ai� J ciC♦F`s�f..t'R,-.\° .. ,'�:a Ronald Zimmerman 9/1/09 2101 Desert Park Ave Palm Springs, CA 92262 To the City of Palm Springs: I am writing to show my support for the proposed cell antenna at Sahara and Cerritos in our wonderful City. This lot, where the fake palm tree is to be placed, is clean and1belleve that to deny this application for another antenna tree would be unjust. Thank you, Ronald Zimmerman Date: �j Additional MaterialQG Item S/3 � �y rs�pwmx..ti.._ 21July 09 City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 My naMe is William Ferra- I lived at 2101 Desert Park Ave for many years now. It has taken constant vigilance to preserve the tranquility and the beauty of our neighborhood. Because of the diverse use (not only single family), there are elements that degrade the peacefulness and cleanliness of our area. There is an apartment complex to the west of my house (however the zoning is single family) that contributes the following to our community: Beer bottles in the street, rocks and gravel thrown about, loud noise to all hours of the night, and unsightly motor homes parked in the drive way. However, the antenna property is no problem. This is the cleanest lot for miles around. The heavy planting adds to the neighborhood. I SUPPORT the petition to allow another antenna in the area. Sincerely, V• William Ferra late: SEP °) z 2099 additional MatelriaY'/-"115 " PU,fala?me tem S(j D"'ILIA, 9?TIMENF 31 To whom it may concern! I live at 2100 Desert Park Ave in Palm Springs. I am writing this letter in support of the palm tree antenna. It would be appreciated if a few more palm trees could be planted with the antenna. Thank you very much, ud M nette Date_ Additional Material Item S13- 5L-f' 03 2009 PLANNiNG sar��l?ar��sm�- Petition for a palm tree antenna at the Southeast corner of Cerritos and Sahara City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 We the undersigned ask the City of Palm Springs, its staff, committees and City Council to consider the following: The Southeast corner of Cerritos and Sahara is the heart of our neighborhood. Currently there is a palm tree antenna at this location. When this lot was vacant, before the antenna, it was a collection area for weeds and trash. Since the antenna tree was placed on the lot, it is the cleanest lot in our neighborhood. The planting of several mature palms has given our location the feel of older established community. We support an additional palm tree antenna at this location with the stipulation that another two LL mature p tr es b lanted on this lot. -PNODGR CvJOAMII 19 r 54wb2" Pak AV, .D�sC�r EC rE It!EE0 SIGNITURE ADDRESS SEP 03 2009 Date: 9�/� PLANNING SERlrsCa: Additi��Materia��„ . aEPA r�Tr�I nor Item �' 41 Petition for a palm tree antenna at the Southeast corner of Cerritos and Sahara City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 We the undersigned ask the City of Palm Springs, its staff, committees and City Council to consider the following: The Southeast corner of Cerritos and Sahara is the heart of our neighborhood_ Currently there is a palm tree antenna at this location. When this lot was vacant, before the antenna, it was a collection area for weeds and trash. Since the antenna tree was placed on the lot, it is the cleanest lot in our neighborhood. The planting of several mature palms has given our location the feel of older established community. We support an additional palm tree antenna at this location with the stipulation that another two mature palm trees belplanted on this lot. �Ai►�y�.,,-�--�. - - 02 o I1� e t'k Gyp SIGNITURE 2101 C . bC5CkT PAAJ: ,A0C, Q.S.. ADDRESS Date- Additional Material C�,�y Item S/� N -. SEP 03 Z009 PLANNING SERvj r;S aEPARTFACM yr Il qt� wIr xYL I+rF d rJl yWi � Inr! ! Illi•s u 1. ����yy i M•�.irv, i 1 1^�11Jy��F T I,u n 1 ': Y� .e �•IM�. � 'r i � Y Idi Ib M1 b^ 1q ylyi rl �Y 1 lily s.r 1 IAn hI �4 N 64, �J I. i'a ._,.�- rY= •l rr�� � � u� irk v,,i�1Mr.J y :r�1pr xr� . aa. , . Merl. . a •ex- � ;rM '�' �' � � � }'+ dtF:. ,R?��ra1 rY ••.,•wrWr d 1 ��'+'�`•LAt` J.'L:.t rw ySylK nY`in �'.., rr1�1 •�'{ �:y�rJ�11 nNMM^1} r.� ~M. T� - I II •'i/��i.l1,x,1YY� Ye< ILe r'IAr^^^,•M ^' AY�I r. ..IY �. .. .,.Ma/1rx• r '^'�'.lu 'M�yu F.d,1 �� PA1 d. .�rL • ra ir� -.u.' 'r.r i 1 Li• ��5'�N�V�I'fr tvA �,, J� ITT �hr - �r a , J ' r'i I i Irl' 1 6 rLn 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) 2. Project Description: Number of Antennas to be installed: Tower Design: Tower Appearance: Tower Height: Building / Equipment Pad Size(s) ATTACHMENT A ® NEW BUILD LA3607A / BTS Bobby T 2101 Sahara Road Palm Springs CA 92252 Riverside 501-351-001 33- 50- 43.29 N 116-31-24.17 W ❑ MODIFIED 0 0 �a Six (6) panel antennas and one (1) GPS antenna New Monopalm Antennas mounted on a new Monopalm 55' Top of new Monopalm fronds (48' top of new antennas) Royal Street antennas at 45'-8" RAD center 22' x 23' 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, Director Planning Services James Thompson, City Clerk David H. Ready, City Manager 3200 E. Tahquitz Canyon Way 3200 E. Tahquitz Canyon Ways 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Palm Springs, CA 92262 I Palm Sprinqs, CA 92262 4. Land Use Approval: On October 7th, 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. 5,1226 and Variance No. 6.513. CPUC Allachmem A 020306 Royal Street Communications, LLC 2913 El Camino Real, #561 Tustin, CA 92782 11 /30/09 Ms. Anna Hom Site Reference: LA3607-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 cbrvdenla)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, LLC By: Otr'Istine Bryden, Network Development Manager or Date Susan Delmer, Assistant Manager of Network Development Attachment: CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION City Council Meeting Date: October 7, 2009 Subject: ROYAL COMMUNICATIONS CONDITIONAL USE PERMIT AND VARIANCE AT 2101 SAHARA ROAD AFFIDAVIT OF MAILING 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 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. (43 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. 1kP Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING 1, 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. Kathie Hart, CMC Chief Deputy City Clerk PROOF OF PUBLICATION This is space foreoanty Clerk's Filing Stamp (2015.5.C.C-P) STATE OF CALIFORNIA - - County of Riverside No 4224 NOTICE of PUBLIC HEAPING CITY Y COUN CITY OF PALL M M SPRINGS CASE NO.5.1226 CONDITIONA4 USE PERMIT! 6 513 VARIANCE POYAL STREET COMMUNICATIONS 21e1 5AHARA ROAD M I am a citixcn of the United Stites and a resident of NOTICE IS HEREBY GIVEN that the CCouncil of Iho City of Palm Sprigs Calitpmw, will hold a public hearing at its.Inestn of October 7 the County aforesaid; I am Over the age Of eighteen 2000 The City Council meeting- oglns ut 6.00 year), and party to a pato or interested in the `{ m In ast Tehhe me CqCaanyliy Chamber at city Nall, azoo Eon Wary Palm Sprigs above•cutitled matter. I am the principal clerk Of a -rho pwpo;e oI-the nearxr�u to'conaidel un apptr printer of the, DESERT cation tly Roydl Seaut Communications for a Con• SUN PUBLISHING ddwal IJso Permit to Ins(all a raw "In4ye loot COMPANY a newspaper Of general circulation, tall commercial communlcAlkin mntenra The printed and published in the city Of Palm Springs, Ireamxj will also include a Vanancu application to excnetl the maximum lnlenna height permitted County of Riverside, and whieb newspaper bag been from fifteen feet to fty-five feet for the property Io• wted at 2101 Sahara Road, Zonod P tPmfessra- adjudged anewspaper of gcucral circulation by the nap, Superior Court of the County of Riverside, State of — California under the date of March 24, 1999. Case Z�4..w Number 191236; that the notice, Of which Ihe -1- LI - —I _ 1 . annexed is a printed copy (set in rypc not Smaller than non pariel, has been published in each regular and entire issue of slid newspaper and not in any Supplement thereof On the following dates, to wit: September 26", 2009 -" — -- _ .......... hF�M11fRWS^mil All in the year 2009 T Certify (or declare) Under penalty Of perjury that the ENVIRONMENTAL DETERMINATION , foregoing is true and correct. Thls prefect Ia calogorlcal(v exompt tom environ- In nui Iavlew ecti pursuant to Son 15303 (New Constmcdan Or Conversion of Small Sauchj eat of Dated at Palm Springs, California this --- 26r , --- day the Culdotnia Envlmnmonlal Qu.11lty, Art (CEQAI. REVIEW -' -PROJECT- INFORMATION , The proposed application ado pl in and atrelaind City Se tomb -•--- --'-+ 2009 documents are available o for pup M and 6. at City 06---•----- p — Han between the hours of 6:00 a e end e.00 p.m. Monday Ihroupph Clark ay. phase contact the you . - - lice of Ilia Cly Clerk al p601 ilmant to If e you f wouW like m schedule an apppinlmenl to review - the•u documents _ COMMENT ON THIS APPLICATION: So, ----------•--�- "' '-'--•--�--�--�- spponsu to IN, notice may be made verbally 31 the •Signature PLLLIIe Her%nN andfor In wntlnp before thin hear - no Written commenlu may be mlde to (he City Coonel by letter (for mall or hand delvary) to. Cj James Thompson, City Clerk O 3200 E. Tahqudz Canyyon Vlay Palm SprinUu, CA 9?2' 64 Cn < Any ehallanns of the proposed project in Court c m1y be Lmifed to raising only Ihose Issuer raised at Ihe public huann9 descm,ud m this notice or m G� I� written correspondence dolivemd to Ihn City Clerk at, or ppour to the ppublic hnenng. (Govarnmenj J U `Q • \ . p Code Section 650o9(b)i21). An opportunity will be given at said hearing (or all Inlaref led persons fo he heard Ouosllon, regard• Ing Ibis cs4o may lre dnecled to Davltl A Nowell, - G -" U `v Planning Services Department at (700) 923-9245 G" "-I- 5, neco3ila ayuda con gists c trta podavor llamea —r la Ciudad de Palm Spnn 5 yy ppkrode hmblar Con N Nadine Ploger telnlono (762 323•a2a5 3ames Thompson, City Clork Publlalled: 312610 NEIGHBORHOOD COALITION REPS Case 5.1226 CUP I MODCOM AND MR PETE MORUZZI Cerritos Street Monopalm / LA3607A HISTORIC SITE REP 4 =i PALM SPRINGS MODERN COMMITTEE PHN For CC Meeting 1 O/O7/09 P.O. BOX 4738 PALM SPRINGS, CA 92263-4738 VERIFICATION NOTICE _> => sD 'AGUA CALIENTE BAND OF CAHUILLA' INDIANS ,- #> 4> -> _> CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT ATTN SECRETARY PO BOX 2743 PALM SPRINGS. CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA INDIANS 777 E. TAI-IOUITZ CANYON WAY. #301 PALM SPRINGS, CA 92262 - --- - MR MARK CARNEY SPONSORS METRO PCS ` 350 COMMERCE, SUITE 200 IRVINE, CA 92602 MR DOUG JONES MR J. WERNER 899 TAMARISK ROAD NATIONAL ENGINEERING PALM SPRINSG, CA 92262 22362 GILBERTO, STE. 200 RANCHO SANTA MARGARITA, CA 92688 CASE 5.1226 CUP MRS. JOANNE BRUGGEMANS 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92262 MS VERONICA ARVIZU ROYAL STREET COMMUNICATIONS, LLC 29992 HUNTER ROAD, #105 PMB166 MURRIETA, CA 92563 ROYAL STREET COMMUNICATIONS 2913 EL CAMINO REAL, #561 TUSTIN, CA 92782 ec to- pr- .7 0 1. APN 501-305-011 2. APN:501-314-001 CAROLYN PALACIO EAGLE CONST 1991 N CERRITOS DR 31855 DATE PAI,M DR 43 PALM SPRINGS CA 92262-3513 CATHEDRAL CITY CA 92234-3100 4, APN:501.314.003 5. A2N.501-314-004 WILLIAM & SHEILA M GORDON MAGIO INC 41429 BUTLER CT PO BOX 2487 INDIO CA 92203-4012 PALM SPRINGS CA 92263-2487 7, APN:501.314.012 8. APN.501-314-013 ARTURO & GUMESINDO RODRIGUEZ WILLIAM & SHEILA GORDON 68635 CONCEPCION RD 41429 BUTLER CT CATHEDRAL C(TY CA 92234.3844 INDIO CA 92203-4012 10. APN: --314-017 11, APN 501-315-001 G G Y NIU 1 MILLWOOD CONST CO INC 1810 C 21AGE LN I 1 4725 E SUNNY DUNES RD 1'AI� SPRINGS CA 92262-3586 PALM SPRINGS CA 92264-1536 13. APN 501-315-004 14. APN: 501-341-006 MARY R MILLS CLIFTON R & RENEE M WARREN 5155 CALLE SANTA ROSA 2309 PACIFIC COAST HWY 4203 PALM SPRINGS CA 92264-7431 HERMOSA BEACH CA 9025.1-2753 16 APN, 501-341-008 IT APN:501-351-001 .f01-IN PERRARE TOWER ENTITY 4 LLC 950 KANSAS ST #A 6391 SPRINT PKWY SAN FRANCISCO CA 94107-2609 OVERLAND PARK KS 66251-6100 19 APN:501-351-005 PALM SPRINGS CONG JEHOVAHS WIT 415 RIO VISTA DR PALM SPRINGS CA 92262-6490 22. APN:501-352-003 ALEX W ROLDAN PO BOX 4825 PALM SPRINGS CA 92263-4825 25 APN:501-352-008 CHRISTOPHER WOLF -I'll 1807 PARK VIEW DR PALM SPRINGS CA 92262-3574 '_'0. APN:501-352.001 RICHARD D & MARY LOU SAMBRANO 7681 LARKSPUR DR BUENA PARK CA 9U620-1950 23. APN: 501-352-004, 015 DOLLY SINATRA LODGE 2400 PO BOX 637 PALM SPRINGS CA 92263-0637 26. APN 501-352-009 ERNEST C WEAVER 2227 E DESERT PARK AVE PALM SPRINGS CA 92262-3527 3. APN 501-314-002, 014. 015 PALM SPRINGS CHRISTIAN SCHOOL 225 S CIVIC DR 913 PALM SPRINGS CA 92262-7228 6 APN.501-314-009 BUDGET FINANCE CO 1 S49 SAWTELLE BLVD #700 LOS .ANGELES CA 90025-7012 9. APN. 5QI-314-016 DESFRT WATER AGENCY PO BOY 1710 PALM SPRINGS CA 92263-1710 12, APN: 501-315-002, 003 GAROLD A MILI,I:R 4725 E SUNNY DUNES RD PALM SPRINGS CA 92264-1536 15. APN:501-341-007 RUSSELL & DEBBIE COWARD 611 S ALM CANYON DR PALM SPRINGS CA 92264- 18. APN:501-351-004 NATALIE S KEITH PO BOX 94054 PASADENA CA 91109-4054 21, APN:501-352-002 ROBERT BOISJOLY 309 NEWTOWN AVE NORWALK CT 06851-2535 24 APN 501-352-007 RAUL T & KAREN CONTRERAS 677 N SUNRISE WAY PALM SPRINGS CA 92262-6206 27, APN 501-352-010 DAVID BILLINGI.ON 2135 E DESERT PARK AVE PALM SPRINGS CA 92262-3527 28. APN' 501-352-011 29. APN: 501-352.016 30 APN: 501-353-001 RUSSELL G & DEBBIE T COWARD RONALD E ZIMMERMAN CITY OF PALM SPRINGS PARK 2121 E DCSER-1 PARK AVE 21(11 E DESERT PARK AVE PO BOX 2743 PALM 6P RINGS CA 92262-3527 PALM SPRINGS CA 92262-3527 PALM SPRINGS CA 92263-2743 •- . '5. Q d-6 C4,lP 31- APN:507-301-012 CITY OF PALM SPRINGS 3200 E TAHQUITE MCCALLUM PALM SPRINGS CA 92262- REPRCSENTATIVC VERONICA ARVIZU 29992 HUNTER RD 9105 PMBI66 MURRIETA CA 92563 GC MAPPING SERVICE INC ATTN GILBERT CASTRO 3055 W VALLEY BLVD A(.HAMBI A CA 91803 "j7(.) lx,,S f 32, APN• 507-301-017 KCNNC"TH A I36ARD PO BOX 10755 NEWPORT BEACH CA 92658-5007 im APPLICANT METROPCS ATTN: MARK CARNCY 350 COMMERCE SU11E 200 IRVINE CA 92602 33. APN:507-301-018,019 MARKETPLACE ASSOC 390 BRIDGE PK WY #C REDWOOD CITY CA 94065-1061 ROYAL STREET COMMON1CA710NS 2913 EL CAMINO REAL #561 TUSTIN CA 92782 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.1226 CONDITIONAL USE PERMIT / 6.513 VARIANCE ROYAL STREET COMMUNICATIONS 2101 SAHARA ROAD NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of 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 fifty-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 fifty-five feet for the property located at 2101 Sahara Road, Zoned P (Professional). 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 (lame a la Ciudad de Palm Springs y-puede hablar con Nadine Fieger telefono (760) 323-8245. //James Thompson, City Clerk 0tDepartment of Planning Services .�"' Vicinity Map c [bpnw�� .Y Lu _ Ir �1J VISTA CWINO ROAD {SH-911} Legend [ site 400' Buffe i VCJCKI PARK' N W�E s `-AWA-RA RD ►+16-30TO.:llML7 CITY OF PALM SPRINGS CASE NO: 5.1226 CUP & DESCRIPTION: To consider an application by Royal 6.513 VAR Street Communications for a Conditional Use Permit to install a new fifty-five foot tall commercial APPLICANT: Royal Street communication antenna. The hearing will also Communications include a Variance application to exceed the maximum antenna height permitted from fifteen feet to fifty-five feet for the property located at 2101 Sahara Road, Zoned P (Professional). 40