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11/4/2009 - STAFF REPORTS - 1.B.
PALM S,p OF 4f c U N 4 * `�A/oigYto• M1 OR CITY COUNCIL STAFF REPORT DATE: November 4, 2009 PUBLIC HEARING SUBJECT: T-MOBILE USA — APPLICATION FOR A CONDITIONAL USE PERMIT AND VARIANCE TO INSTALL A FORTY-THREE FOOT TALL COMMERCIAL COMMUNICATIONS ANTENNA AT 1900 EAST PALM CANYON DRIVE, CASE 5.1203 CUP AND 6.507 VAR. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a proposed forty-three foot high wireless communications antenna at 1900 EasL Palm Canyon Drive. The project is also seeking a Variance approval to reduce the structure's setback requirement from forty-three feet to seventeen feet. The request includes the addition of four equipment cabinets surrounded by a seven-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. 5.1203 TO INSTALL A FORTY-THREE FOOT HIGH WIRELESS COMMUNICATIONS ANTENNA AND VARIANCE CASE NO. 6.507 TO REDUCE THE ANTENNA STRUCTURE'S REQUIRED SETBACK FOR THE PROPERTY LOCATED AT 1900 EAST PALM CANYON DRIVE." City Council Staff Report November 4, 2009—Page 2 5.1203 CUP/6,507 VAR—T-Mobile PRIOR ACTIONS: On June 9, 2008, the Architectural Advisory Committee (AAC) reviewed the proposal for a sixty-foot monopole disguised as a flag pole and by a vote of 7-0 restudied the project with the following comments: 1. Use alternative design to flag pole. 2. Monopole should be further away from East Palm Canyon Drive. 3. A tapered design is preferred. 4. Reduce the height. 5. Install landscaping adjacent to exterior of equipment screening wall. On January 12, 2009, the AAC reviewed the revised project and by a vote of 4-1 restudied the project with the Following comments: 1. Relocate monopole further away from East Palm Canyon Drive- 2- Ensure that the monopole's shadow will not interfere with existing photovoltaic panels on roof. 3. Provide a sample of the monopole color— Committee prefers a desert tan. On June 22, 2000, the AAC reviewed the revised project and by a vote of 5-0 recommended approval to the Planning Commission with the recommendation that the monopole be painted a desert tan color, specifically Riviera Clay by Behr Premium Plus Ultra (UL 130-B). On July 8, 2009, the Planning Commission reviewed the proposed project and voted 4- 0-2 (absent/Conrad/ Caffery) voted to continue the project and directed staff and the applicant to determine if an alternative location in the Smoke Tree Village or Smoke Tree Commons shopping centers would be feasible. On July 22, 2009, the Planning Commission continued the project to an indefinite date to allow the applicant additional time to pursue the Smoke Tree shopping centers location. On October 14, 2009, the Planning Commission reviewed the revised project and voted 5-0-1 (Hudson opposed) to recommend approval of the proposed monopole to the City Council. BACKGROUND AND SETTING: The subject property is approximately 1.23 acres in size and is occupied by a fifty-three unit hotel known as the Club Trinidad. The antenna is proposed to be forty-three feet in height and located at the southwest portion of the site. There are existing power lines running north-south along the west side of the property. The adjacent General Plan designations, ,Zones and land uses are shown in Table 1 on the following page. n L City Council Staff Report November 4, 2009—Page 3 5.1203 CUP/6.507 VAR—T-Mobile Table 1: Adjacent General Plan Designations, Zones and Land Uses: General Plan Zoning Existing Land Uses North TRC (Tourist Resort R-3 (Multi-family & Hotel) Multi-family Residential Commercial TRC (Tourist Resort C-D-N (Designed Shopping Center South Commercial) Neighborhood Shopping (Smoke Tree Village) Center East TRC (Tourist Resort PD-94 (Planned Multi-family Residential Commercial Development 94 West TRC (Tourist Resort R-3 (Multi-family & Hotel) Hotel (Holiday Inn) Commercial The proposed wireless communication antenna is designed as a solid slim-line monopole without protrusions. The 18-inch diameter pole is proposed to be constructed so that all antennas are located within the monopole. The proposal also includes the placement of four mechanical equipment cabinets surrounded by a new seven foot high block wall. STAFF ANALYSIS: The General Plan designation of the subject site is TRC (Tourist Resort Commercial). The General Plan does not specifically regulate the installation and operation of wireless communication facilities; however, staff has determined that the use as proposed is compatible with this designation as it supports the tourist and resident population needs. The site is located within the R-3 (Multi-Family & Hotel) 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 93.08.03(A)(2)(c)(iii) Proposed Project Requirements (approx.) Height (feet) principal building height (18') -r 43 feet 25' = 43 feet maximum Front South Yard Setback 43 feet 75 feet Side West Yard Setback 43 feetF 17 feet Side Fast Yard Setback 43 feet 174 feet Rear North Yard Setback 43 feet 222 feet City Council Staff Report November 4, 2009— Page 4 5.1203 CUP/6 507 VAR—T-Mobile Setback Pursuant to Section 93.08.03(A)(2)(c)(iii) of the PSZC, "antennas, exceeding six (6) feet in height, shall not be located within required setback areas..." As shown in Table 2 above, the proposed antenna is located in the side yard setback. Therefore, the applicant has submitted a variance application to allow the antenna at its proposed location. 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 setback request, the property is fully developed with a hotel that is located in the middle of the property. The proposed structure will be located approximately seventeen feet from the side property line and as close to the existing building as possible. Structures in the surrounding vicinity, such as power poles that exceed thirty feet, are located on or near the property line. Further analysis is found in the attached Planning Commission staff report, and staff has provided recommended findings in the attached draft resolution of approval. Conditional Use Permit Analysis The request is subject to the required findings of a Conditional Use Permit as contained in Section 94.02.00 or 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 PSZC, a commercial communications antenna is authorized within the R-3 zone with the approval of a Type II Conditional Use Permit. The development of adequate cellular phone levels of services serves the ultimate benefit of the community. The antennas will be entirely concealed within the monopole structure and near existing power lines on the west side of the subject property, which are of a similar environment for the location of wireless communication monopole. Further analysis can be found in the attached Planning Commission staff report, and staff has provided required findings in the attached draft resolution of approval. 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 slim-line monopole adjacent to the hotel building_ Based on visits to the site and review of the elevations, staff believes that the proposed slim-line monopole will have minimal visual impact on the surroundings since the antennas will be fully concealed inside of the slim-line monopole. Findings in support of the proposed slim-line monopole have been made by the Planning Commission and are included in the attached draft resolution of approval. ds City Council Starf Report November 4, 2009—Page 5 5.1203 CUP/6,507 VAR—T-Mobile FISCAL IMPACT: There is no cost to the City associated with the construction of the proposed wireless communications facility. �(�"- ' _'I - <:�, R:,�.<:7,P,, A r�_�gLwinqjfICP Thomas J. Wirson Director of PI n ing Services Assistant City Manager David H. Ready, City Manager Attachments: 1. Vicinity Map 2. Draft Resolution with Conditions of Approval 3. Site Plans and Elevations 4. Photo-Simulation of Monopole 5. Planning Commission memorandum dated 10/14/09 6. Planning Commission minutes excerpt 10/14/09 (draft) 7. Planning Commission memorandum dated 07/22/09 8. Planning Commission minutes excerpt 07/22/09 9. Planning Commission staff report dated 07/08/09 10. Planning Commission minutes excerpt 07/08/09 11, Public Comments Department of Planning Services ,+E P Vicinity Map S CA RI CIR EE CI f VCRSAILL AVE NICA OLANC HA w — -- AVERY DR C ¢ a 6 _-~FRO NTAUeRD EAST PALM CANTON DRIVE — _ �m Legend <C>400 Foot Radlus Project site ] Surrounding Parcels CITY OF-PALM SPRINGS CASE NO: 5.1203 CUP / DESCRIPTION: To consider an application by 6.507 VAR T-Mobile, USA Inc., for a Conditional Use Permit to install a forty-three foot tall commercial APPLICANT: T-Mobile, USA Inc. communication antenna contained within a slim-line monopole. The hearing will also include a Variance application to reduce the side yard setback requirement from forty-three feet to seventeen feet for the property located at 1000 East Palm Canyon Drive, Zoned R-3. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CASE NO. 5.1203 TO INSTALL A FORTY-THREE FOOT HIGH WIRELESS COMMUNICATIONS ANTENNA AND VARIANCE CASE NO. 6,507 TO REDUCE THE ANTENNA STRUCTURE'S REQUIRED SETBACK FOR THE PROPERTY LOCATED AT 1900 EAST PALM CANYON DRIVE_ WHEREAS, T-Mobile USA ("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-three foot high commercial communications antenna and an area for equipment cabinets surrounded by a block wall located at 1900 East Palm Canyon Drive, APN: 502-324-004, R-3 Zone, Section 24; 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. 5.1203 and Variance Case No. 6.507 was given in accordance with applicable law; and WHEREAS, on October 14, 2009, a public hearing on the application for Conditional Use Permit Case No. 5.1203 and Variance Case No. 6.507 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on October 14, 2009, the Planning Commission recommended approval of Conditional Use Permit Case No. 5.1203 and Variance Case No. 6.507 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. 5.1203 and Variance Case No. 6.507 was given in accordance with applicable law; and WHEREAS, on November 4, 2009, a public hearing on the application for Conditional Use Permit Case No. 5.1203 and Variance Case No. 6.507 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA); and 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 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA). SECTION 2. State law requires four (4) findings be made for the granting of a variance. Pursuant to the procedure set forth in Section 94.06.01 of the Zoning Code, the City Council finds as follows: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is fully developed with a hotel. The proposed structure will be located approximately seventeen feet from the side property line and as close to the existing building as possible. Structures in the surrounding vicinity, such as power poles that exceed thirty feet, are located on or near the property line. 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 setback variances for antennas. These conditions include removal of the structure upon abandonment of the use, compliance with Federal Aviation Administration (FAA) requirements and others. 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 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. Resolution No._ Page 3 The proposed project has been analyzed against the policies of the General Plan and no inconsistencies have been found. 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 R-3 zone with the approval of a Type II Conditional Use Permit- b. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The development of adequate cellular phone levels or services serves the ultimate benefit of the community. The antenna will be located near an existing building, as well as near existing power lines, which are of a similar environment for the location of wireless communication antenna. The proposal is unlikely to be detrimental to existing or future uses permitted in the zone. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The proposal includes a variance to setback requirements; the equipment will be placed on an unused portion of the site. The use will occupy only a small portion of the site and 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 proposed use is located close to an on-site parking lot. The only traffic generated from the said use to and from the site will be for maintenance, and the existing infrastructure is anticipated to accommodate the traffic necessary for the maintenance of the facility. Resolution No. Page 4 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. NOW, THEREFORE BE IT RESOLVED that the City Council approves Conditional Use Permit Case No. 5.1203 and Variance Case No. 6.507, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 4th day of November, 2009. David H. Ready, City Manager ATTEST: James Thompson, City Clerk Zd Resolution No, Page 5 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 - 1� Resolution No. Page 6 EXHIBIT A CONDITIONAL USE PERMIT CASE NO. 5.1203 VARIANCE CASE NO. 6.507 T-MOBILE USA 1900 EAST PALM CANYON DRIVE NOVEMBER 4, 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. Protect Description. This approval is for the project described per Case 5.1203 CUP and Case 6.507 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 September 29, 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 5.1203 CUP and Case 6.507 VAR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or 12 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 Approval. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00, Permits will not be issued until the appeal period has concluded. ADM 9. Public Art Fees. This project shall be subject to Chapters 2,24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 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. Comply with CitV Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 11. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Permit Fee (LDMF) required. All projects within the City of Palm Springs are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting shall conform to Section 93.21,00, Outdoor Lighting Standards, of the Palm Springs Zoning Code. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted to the Planning Department for approval prior to the issuance of building permits. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Outside Storaae Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan, PLN 3. Modification or Addition. If the communication antenna($), 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 Technology- If the technology regarding the communications antenna(s) changes in where the antenna(s) and / or equipment cabinets as approved become obsolete, then the antenna shall be removed. 5r Resolution No. Page 9 PLN 5. Property Use and CUP- If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application. PLN 6. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be forty-three feet, as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the antenna structure. PLN 7- Valid Lease Agreement Required,. If the lease agreement between the property owner and the applicant expires and is not renewed, the CUP will become null and void, and the applicant shall remove the antenna and equipment to the satisfaction of the Director of Planning Services. PLN 8. Use Abandonment. If the antenna(s) and/or monopole are ever abandoned or if this Conditional Use Permit ever expires, the monopole and antenna(s) shall be removed within 30 days. PLN 9. FAA_Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Administration (FCC). PLN 10, Antenna Visibility and Safety. The City reserves the right to require, at any time in the future, one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of the pole if deemed necessary by the Director of Planning Services, 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. 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. 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I 0464 I I • 'ESIGN Trinidad Club Rd. .0 Monica Moretta Ontado, CA 91761 One 00 = 1900 E-ast Palm Canyon Drive Irvine, CA 92618 ■ ' Palm Sarings, 3 VIEW 1 . . - • • pi�n it •Mobile • LOCATION Microsoft•Virtual Earth'" PROPOSED - e i .3 1 PROPOSED i SI.I1Vi L!!VC POLE J I-�eATION ]- — — rr EXISTING Fc ' : FF _ ir PROPOS r t r €C3UIP1ir9ENT LOCATION 1 E 0 4 G 41 C APPLICANT CONTACT a BLUE WATER DESIGN T-Mobile Sequoia peptyriantServices j 1741 Tustin Ave. 19A 21 Club Trinidad 3257 E. Guasti Rd. Suite 29D Monica Moretta — —__ Costa Mesa, CA 92527 blUewater-desi n.net Ontario, CA 91761 On Iry net CA 92618�D micheil ater- esigndeslgn.net ��' 1900 East Palm Canyon Drive Blue Water Palm Springs, CA 92264 p 949.241.0175 p 714.473.2942 DESIGN f 949.631.2316 VIEW 2 ?X1aniilf'1!'-ISt Pt-vo simula mn accuracy is based on information prWded to efur water De,ign by the apphcanL mMobilem LOCATION M CK)SOW Virtual Earth' PROPOSED � a EXISTING V PROPOSED SLIM L NiF POLE ION AWL— I •� �Yi � � yw �� f "� T �� —.' — i � - � r �- ' � ML.�. it s • ye .- :a�� .�` J.� __ ice. � _`�_��'� � 3 pi 7 � � - " ` '` - - o.: - 3 _ .�_ � _ fi ' APPLICANT CONTACT - - BLUE WATER DESIGN Club • i 3257 E. Guasti -d Sulte 200 MoninCosta Ontario, CA 91761 One i0 design.net 1900 East Palm Canyoni Drive ne, _ ,. - , r f QF P�LM sA� CITY OF PALM SPRINGS DEPARTMENT OF PLANNING SERVICES • C'141FORN�*. MEMORANDUM Date: October 14, 2009 To: Planning Commission From: Craig A. Ewing, AICP, Director of Planning Servic Project Planner: David A. Newell, Associate Planner'DpA. Subject: Case No. 5.1203—CUP & 6.507—VAR On July 8, 2009, the Planning Commission held a public hearing for Case No. 5.1203 CUP& 6,507 VAR, a proposal for the installation of a slim-line wireless communication monopole located at 1900 East Palm Canyon Drive. At that meeting, the Commission voted to continue the project and directed staff and the applicant to determine if an alternative location in the Smoke Tree Village or Smoke Tree Commons shopping centers would be feasible. On July 22, 2009, the Planning Commission continued the project to an indefinite date to allow the applicant additional time to pursue the Smoke Tree shopping centers location. Since [hat time, the applicant has been seeking authorization from the property owner at the Smoke Tree shopping centers and has been unsuccessful at securing approval. The applicant has stated that wireless service is still needed in this area and would like to pursue the original site at the Club Trinidad property located at 1900 East Palm Canyon Drive. Based on the comments and concerns expressed at previous Planning Commission meetings, the applicant has revised the proposed structure's height to be no tallerthan forty- three feet and in conformance with the Zoning Code's height requirements. The applicant still proposes the slim-line monopole at the same location on the property, which will require a variance approval to allow a reduced setback from forty-three feet to seventeen feet. Staff has prepared a draft resolution based on the revised project and recommends that the Planning Commission recommend approval of Case 5.1203 CUP and Case 6.507 VAR to the City Council, subject to Conditions of Approval, to allow the applicant to construct a forty- three foot tall slim-line monopole that is seventeen feet from the side property line at 1900 East Palm Canyon Drive. chments: icinity Map 2. Resolution w/ Conditions of Approval 3. July 22, 2009 Planning Commission Staff Report 4. Revised is Planning Commission Minutes of October 14, 2009 M/S/C (Bill Scott/Doug Donenfeld, 7 0) To approve, subject to ns of Approval, as amended: -It shall be the sole responsibility of the of the property, tenant or agent to restore all mounting surfaces (i.e, wall es, windows, railings, etc.) to a condition closest to the original conditio - removal of any sign from the premises. -Prior to the i ion of the complex identification/monumentAign the applicant shall work off in determining its final location. ` 3. PUBLIC HEARINGS: 20, � W` "t 3A. Case 5.1203 CUP / 6.507 VAR - AF,g*Auest t2y T-Mobile IJ�A,r etc. for a Conditional Use Permit to cons qt a s"43-foot tall tw; ommercial communication antenna within a slim-410°P� Amoridpole an ariance to reduce the side yard setback located at 190,0+,least Palm Canyon Drive (Club Trinidad), Zone R-3, 5ectipn 24. (Projec`f FP(anner: David A. Newell, Associate Planner) T *�i Commissioner Conrad noted her absten nni7 ;_ ., roperrelated conflict of interest and left the Council Chamber at 1:56 p.m Edward Robertson,Fnncipa(,5( fnner, provied background information as outlined in the staff report datertctober re 2009. Chair Cohen opened the jllteaih . yw �,.;,. -Moni :)Moretta, of beha] •#:,Mobile, provided background information on their llii ��aft ,to pursue of -,I,o cat io`�„Upihe area and explained the reduction in antenna "1 hei t ,� 0 to 43 feet.k }° -John All' Thy board a ber, Versailles, expressed concern with additional antennas attt d to the nopole. -Donald Benw f aim ings, spoke in opposition to the location and suggested it should be locate aim to an open field. -Suzette LaSalle, P f "Springs, expressed concern with the location and suggested it placed next to a higher structure such as the Holiday Inn. -Judy Moran, Palm Springs, questioned why this project was considered in a residential area and requested several restrictions on the project. -Monica Moretta, (responded to questions from the Commission) addressed funding, property owner authorization of location, placement of antennas and coverage area. There being no further appearances the public hearing was closed. 27 Planning Commission Minutes of October 14, 2009 M/S/C (Doug Donenfeld/Leslie Munger, 5-1/Doug Hudson), 1 abstained/ Tracy Conrad) To recommend approval of Case 5.1203 CLIP and Case 6.507 VAR to the City Council, subject to Conditions of Approval. Direction Ewing reported that this action may be appealed to the City Council within 10 days. Commissioner Conrad re-entered the Council Chamber at 2:22'`k7°'hY , A recess was taken at 2:24 p.m. '�J,r; '�=°ids;•, The meeting resumed at 2:33 p.m. 3B. Case 5.1231 PDD 356 / TTM 36185 (formerly Cale, 3.3333 MAJ)'", plan ,., development district application and a`condopn nrum map byrCom ity Dynamics Inc. for a 51-unit moderat fnome for-sale con inium townhomedevelopment with qff-street parking .jandscaping an creational areas on an approximately 3. ` ''.Cresite located'Ilioi 0 Nort than Canyon Drive, Zone R-2. (Project Planrl� ke'- L, on, Assdclate P ner) Ken Lyon, Associate Planner, provided f3ackground`1c{�Qrrdat' as outlined in the staff report dated October 1 , [I, 4P f,,:,•,, cr=j vtiy Chair Cohen ope9ed,,%@ public Nearing: ^� ;� .P ,.ram lV� . -Steve Robert Vice PesidYlt6�rtmunit�r'' namics, provided an overview of the project inplji ip vtW.projek,( hom courtyard design, pedestrian walkways, guest ptiaYk'ing, arc h�te t e, corri'Gition am sties, sustainability features and landscaping. ,:-, -Joy,Frjtth, Palm Sfi .ri s, corxiiri ` ed on the excessive amount of residential pro erh k(,at have beo rent in the city and emphasized that the project is not feasIbl "a -Lynn Cale r resident EDG stated that the PSEDC reviewed the project and supports the de men articularly the affordable and sustainable aspects. -Donna Chaban, . prings, expressed concern about the impact to the historic homes in the neigh _ ood and spoke in opposition to the project. -Tom Carnase, ' m Springs, concerned with the high density that will cause congestion, n e and pollution. -Ginger Pi spoke about CEQA requirements and consideration of the surrounding historic uildings and the cumulative impact on the environment. -Clair Victor, Palm Springs, expressed concern with the numerous amount of un pleted developments in the City and with the increase of traffic, noise and air ality from this project. 28 4 I CITY OF PALM SPRINGS � c DEPARTMENT OF PLANNING SERVICES MEMORANDUM Date: July 22, 2009 To: Planning Commission From: Craig A. Ewing, AICP, Director of Planning Servie Project Planner: David A. Newell, Associate Planner'. Subject: Case No. 5.1203—CUP & 6-507—VAR On July 8, 2009, the Planning Commission held a public hearing for Case No. 5.1203 CUP & 6.507 VAR, a proposal for the installation of a slim-line wireless communication monopole located at 1900 East Palm Canyon Drive. At that meeting, the Commission voted to continue the project and directed staff and the applicant to determine if an alternative location in the Smoke Tree shopping centers would be feasible. The Planning Commission specifically requested a review of the applicant's previously proposed rooftop design at a two-story office building located at the rear of the Smoke Tree Village shopping center. Staff has attached the plans; however, the applicant has stated that this site is no longer available to T-Mobile. The applicant has stated that there is potential for a location at the Smoke Tree Commons shopping center, but more research and time would be necessary to determine feasibility. Staff recommends that this project be continued to an indefinite date to allow the applicant further time to research other sites in the vicinity. ants: 1. P or Rooftop Design at Smoke Tree Village Shopping Center 1 2. March 9 Planning Commission Staff Report and Exhibits / Planning Commission Minutes of July 22,2009 2. OTHER BUSINESS: 2A. Case SP 09-004 - An application /ddressed Signs to implement Sign Program for the building located at Gene Autry Trail, no M-1, Section 19. (Project Planner: Scott Tssistant Planner Scott Taschner, Assistant Planner, provided informatio s outlined in the staff report dated July 22, 2009. -Jim Cross, Best Signs, (responding to questio C mission) provided details on the type of material that will be used for th ddressed the size and colorof the tiles. M/S/C (Conrad/Vice Chair Cohen, 5-1/Cafferove, subject to Conditions of Approval, as amended: -The main sign (on the east side of the b ' ing) shall be reduced to a maximum of 116 square feet- -The main sign shall be constructed sigh quality, durable materials. -The tile materials shall be approv by the Director of Planning prior to installation. -The tiles shall be eighteen (18) ches by eighteen (18) inches in size_ The cornice feature shall removed from the design of the second (smaller) monument sign located ne c the Gene Autry Trial parking lot entrance. 2B. Case 10.469 DE . An application by Cynthia Kaye of CK Dance for a request that the Plan ' g Commission determine that a dance studio is similar to the uses allo d in the M-1-P Zone, Section 12. (Project Planner: Scott Taschne ssistant Planner). Scott Tas ner, Assistant Planner, provided background information as outlined in the staff re dated July 22, 2009. M/ (Scott/Caffery, 6-0) To determine that a dance studio use is a similar use to Ter permitted uses allowed within the M-1-P zone. 3. PUBLIC HEARINGS: 3A. Case 5.1203 CUP / 6.507 VAR - A request by T-Mobile USA, Inc. for a Conditional Use Permit to construct a 60-foot tall commercial communication antenna within a slim-line monopole and a Variance to reduce the side yard setback and exceed the maximum antenna height permitted at 1900 East Palm Canyon Drive (Club Trinidad), Zone R-3, Section 24. (Project Planner: David A. Newell, Associate Planner) (Continued from the July 8, 2009 meeting) 30 3 Planninb Commission Mvmtes of July 22,2009 Commissioner Conrad recused herself from this Item due to a property-related conflict of interest. M/S/C (CafFeryNice Chair Cohen, 5-0) To continue to an indefinite date. 313. Case 5.1217 PD 355 (Villa Las Palmas) - A request by Robert H. Gr n behalf of Las Palmas Associates, LLC, for a planned Development Di ict to- allow construction of an 11-unit, two-story hotel building on an a oximate 16,140 square foot parcel located at 1490 North Palm Canyon e, Zone C- 1, Section 10. (project Planner: David A. Newell, Associate P nner) David A. Newell, Associate Planner, provided background inform on as outlined in the staff report dated July 22, 2009. s Commissioner Donenfeld disclosed that he owns proper In this vicinity; however, it is more than 500 feet from the project and he would partic ate in the item. f Chair Hochanadel opened the public hearing: fi• �,. -Robert Gray, applicant, (responded to ques `As from the Commission) stated that the owner has no problem incorporating solar atures and stated that this project was not economically feasible as a condo projec, nd provided further details. There being no further appearance a public hearing was closed. M/S/C (Caffery/Conrad, 6-0) continue to an undetermined date and direct staff to resend the project back to e Architectural Advisory Committee for further review to accommodate more than 2 parking spaces and incorporate solar and sustainability features into the projec 3C. Case 3.3 MAJ / TTM 36185 / 7.1320 AMM - A request by Community Dynami for architectural approval of a 51-unit moderate income for-sale town use complex and a condominium map on an approximate 3.6-acre par located at 3130 North Indian Canyon Drive, zone R-2, Section 2. (P ject Planner: Ken Lyon, Associate Planner) M/ C (ScotWice Chair Cohen, 6-0) To continue to a date certain of September 9, 09, 3 ? 4 OF pAtAj S A� ti �2 U w 1-1cr nq Commission Staff Report 0 r•ORr�� Date: July 8, 2009 Case No.: 5.1203—CUP / 6.507—VAR Type: Conditional Use Permit and Variance Location: 1900 East Palm Canyon Drive APN: 502-324-004 Applicant: T-Mobile General Plan: TRC (Tourist Resort Commercial) Zone: R-3 (Multi-Family & Hotel Zone) From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: David A. Newell, Associate Planner PROJECT DESCRIPTION: The application is a request by T-Mobile USA, Inc. for a Type II Conditional Use Permit to install a sixty foot tall commercial communication antenna contained within a slim-line monopole and a Variance application to exceed the maximum antenna height permitted from forty-three feet to sixty feet and to reduce the side yard setback requirement from sixty feet to seventeen feet for the property located at 1900 East Palm Canyon Drive. The request includes the addition of four equipment cabinets surrounded by a seven- foot high wrought iron fence. RECOMMENDATION: That the Planning Commission recommends approval of the Conditional Use Permit and Variance to the City Council for the installation of a sixty foot tall commercial communication antenna contained within a slim-line monopole located at 1900 East Palm Canyon Drive. 32 Planning Commission Staff Keport July 8, 2009 Case 5.1203—CUP/ 5.507—VAR Page 2 of 7 PRIOR ACTIONS: On June 9, 2008, the Architectural Advisory Committee (AAC) reviewed the proposed project and by a vote of 7-0 restudied the project with the following comments: 1. Use alternative design to flag pole. 2. Monopole should be further away from East Palm Canyon Drive. 3. A tapered design is preferred. 4. Reduce the height. 5. Install landscaping adjacent to exterior of equipment screening wall. On January 12, 2009, the AAC reviewed the revised project and by a vote of 4-1 restudied the project with the following comments: 1. Relocate monopole further away from East Palm Canyon Drive. 2. Ensure that the monopole's shadow will not interfere with existing photovoltaic panels on roof. 3. Provide a sample of the monopole color— Committee prefers a desert tan. On June 22, 2009, the AAC reviewed the revised project and by a vote of 5-0 recommended approval to the Planning Commission with the recommendation that the monopole be painted a desert tan color, specifically Riviera Clay by Behr Premium Plus Ultra (UL 130-B). BACKGROUND AND SETTING: T-Mobile USA, inc. 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 1.23 acres in size and is occupied by a fifty-three unit hotel known as the Club Trinidad. The facility is proposed to be sixty-feet in height and located at the southwest portion of the site. There are existing power lines running north-south along the west side of the property. The proposed wireless communication antenna is designed as a solid slim-line monopole without protrusions. The pole Is proposed to be constructed so that all antennas are located within the monopole. The proposal also includes the placement of four mechanical equipment cabinets surrounded by a new seven foot high block wall. Table 1: Adjacent General Plan Designations, Zones and Land Uses: General Plan Zoning Existing Land Uses North TRC C-1 / R 3 Multi-family Residential South TRC C-1 / R-3 Shopping Center (Smoke Tree Village) East TRC R-3 Multi-family Residential West TRC C-1 Hotel (Holiday Inn) 33 Planning Commission Staff Report July 8, 2009 Case 5.1203--CUP/6.507-VAR Page 3 of 7 ANALYSIS: The General Plan designation of the subject site is TRC (Tourist Resort Commercial). The General Plan does not specifically regulate the installation and operation of wireless communication facilities; however, staff has determined that the use as proposed is compatible with this designation as it supports the tourist and resident population needs. The site is located within the R-3 (Multi-Family & Hotel) 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 93.08.03(A)(2)(c)(iii) Proposed Project Requirements (approx.) Height (feet) principal building height (18') + 60 feet 25' = 43 feet maximum Front South Yard Setback 60 feet 75 feet Side (West) Yard Setback 60 feet 17 feet Side East Yard Setback 60 feet 174 feet Rear North Yard Setback 1 60 feet 222 feet Antenna Height: Pursuant to Section 93.08.03(A)(2)(c)(iii) of the PSZC, "No part of the antenna structure shall extend to a height of more than twenty-five (25) feet above the highest point of the roof of the principal building on the property." The height of the existing hotel building is approximately eighteen feet, which would allow an antenna height of forty-three feet. The monopalm is proposed at sixty feet in height. The applicant has submitted a variance application to allow the antenna at its proposed height 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. Setback: Pursuant to Section 93.08.03(A)(2)(c)(iii) of the PSZC, antennas, exceeding six (6) feet in height, shall not be located within required setback areas..." As shown in Table 2 above, the proposed antenna is located in the side yard setback. Therefore, the applicant has submitted a variance application to allow the antenna at its proposed location. Findings in support of the Variance request are found below in the Required Findings portion of the staff report and in the draft resolution. The applicant has submitted photographs of the existing site and simulations of how it would appear in the current visual environment with its surroundings. These 34 Planning Commission Staff ke_ port July 8, 2009 Case 5.1203—CUP/6.507—VAR Page 4 of 7 simulations depict the proposed monopole and a seven 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: 9) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Height: The subject property is surrounded by developments that contain buildings and landscaping that exceed heights of twenty-four feet- The applicant has provided radio frequency maps that display coverage of an antenna at forty-three feet in height and fifty-six feet in height. These maps show that a forty-three foot antenna will not satisfy the necessary coverage (due to inhibiting factors such as terrain variations, foliage and man-made structures) enjoyed by other properties, or in this case cellular providers, in the vicinity and under identical zone classification- Setback: The subject property is fully developed with a hotel. The proposed structure will be located approximately seventeen feet from the side property line and as close to the existing building as possible. Structures in the surrounding vicinity, such as power poles that exceed thirty feet, are located on or near the property line. 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 and setback variances for antennas. These conditions include removal of the structure upon abandonment of the use, compliance with Federal Aviation Administration (FAA) requirements and others. 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- 35 Planning Commission Staff keport July 8, 2009 Case 5.1203—CUP i 0.507—VAR Page 5 of 7 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 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 forty-one feet will not provide the coverage necessary to compete with other wireless communication carriers. Diagrams have been provided that show the tap of the antenna at a height of forty-three feet compared to sixty feet, and the maximum height of forty-three 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 forih 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 R-3 zone with the approval of a Type II Conditional Use Permit. b. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General - 36 i Planning Commission Staff i.eport July 8, 2009 Case 5.1203—CUP/6.507—VAR Page 6 of 7 Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The development of adequate cellular phone levels of services serves the ultimate benefit of the community. The antenna will be located near an existing building, as well as near existing power lines, which are of a similar environment for the location of wireless communication antenna. The proposal is unlikely to be detrimental to existing or future uses permitted in the zone. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The proposal includes a variance to height and setback requirements; the equipment will be placed on an unused portion of the site. The use will occupy only a small portion of the site and will easily accommodate the proposed facility to adjust the said use to those existing and permitted future uses of the land in the neighborhood. d. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed use is located close to an on-site parking lot. The only traffic generated from the said use to and from the site will be for 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. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA). � 7 Planning Commission Staff report July 8, 2009 Case 5.1203—CUP 16.507—VAR Page 7 of 7 NOTIFICATION: A notice was published in the Desert Sun and mailed to all property owners within a four hundred (400) foot radius in accordance with state law. As of the writing of this report, no correspondence or inquiries from the public have been received by staff. 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 monopole. David A. Newell Cx i ing, XP Associate Planner ire of Pla ni Services TACHMENTS: - 4 adius Map - Draft lution with Conditions of Approval - Site Plans - Elevations - Height Study Map _ 38 Planning Commission Minutes of July 8, 2009 2C, Case 10.468 DET - An application by Paul Mahoney requesting that -e Planning Commission determine that a retail garden shop use is sim" r to other uses listed in the C-1 (Central Retail Business) Zone. The posed request is to allow a retail garden shop within the C-1 Zone at 2393 rth Palm Canyon Drive, Section 3, (Project Planner: David A. Newell, Assoc' a Planner) David A. Newell, Associate Planner, provided background informatio s outlined in the staff report dated July 8, 2009, -Paul Mahoney, applicant, (responded to questions from the C mission) provided details on their intent to beautify the vacant site with a garden er and offer classes to the community. i M/S/C (Donenfeld/Scott, 4-0, 2 absent/Conrad/ Caffe To approve, subject that the use being located (1) along North Palm Canyon D e between Vista Chino Road and Tramway Road and (2) on a minimum half (0.5) a lot. 3. PUBLIC HEARINGS: 3A. Case TPM 36032 ! 6.514 VAR A request by AT&T Corporate Real Estate for a Parcel Map Waiver applica n to subdivide a property into two parcels and a Variance application to ow a reduced lot width within the M-1-P (Planned Research and Develo ent) Zone for the property located at 700 Research /NA ve, Zone M-1-P, tion 12. (Project Planner: David A. Newell, Associate nner) well, Associ Planner, provided background information as outlined in the staff ted July 8, 9. chanad opened the public hearing: Elli r, Blu Croix Ltd., representing the applicant, stated that they are in ith the conditions and was available for questions from the Commission. ing no further appearances the public hearing was closed.onenfeld/Vice Chair Cohen, 4-0, 2 absent/Conrad/ Caffery) To approve, subject ions of Approval. 3B. 5.1203 CUP / 6.507 VAR - A request by T-Mobile USA, Inc. for a Conditional Use Permit application to construct a 60-foot tall commercial communication antenna within a slim-line monopole and for a Variance application to reduce the side yard setback and exceed the maximum antenna height permitted at 1900 East Palm Canyon Drive (Club Trinidad), Zone R-3, Section 24, APN: 502- 324-004. (Project Planner: David A. Newell, Associate Planner) 3 ,39 Planning Commission Minutes of July 8, 2002 David A. Newell, Associate Planner, provided background information as outlined in the staff report dated July 8, 2009, Chair Hochanadel opened the public hearing: -Monica Moretta, Omnipoint Communications, representing T-Mobile, stated T-Mobile is in compliance with the conditions and provided background history on other locations and details on the antenna height and separation. -Roy Zigman, requested postponement of the project until January/February 2010 since many homeowners are out of the state and suggested another location. -Judy Murand, Versailles board member, questioned the clustering of co-locations and the potential noise factors. -Monica Moretta, representing the applicant, addressed areas with existing coverage and the mitigated measures that will be taken to reduce the noise levels. There being no further appearances the public hearing was closed. M/S/C (DonenfeldNice Chair Cohen, 4-0, 2 absent/Conrad/ Caffery) To continue to the meeting of July 22, 2009. PLANNING COMMISSION COMMENTS: Chair Hochanadel requested staff follow-up on a r uilding re-paint on the northwest corner of South Palm Canyon and Sunny Dun PLANNING DIRECTOR'S REPO Director Ewing reported th ere will be no City Council meeting tonight and provided an update on the future pl g items. ADJOURNM The PI ing Commission adjourned adjourned at 3:40 p.m. to Wednesday, July 22, 2009, at - p.m. in the Council Chamber, City Hall, 3200 East Tahquitz Canyon Way, Palm ngs, California. A wing, P Di or of PI nin Services 40 4 To: James Thompson, City Clerk 2Q3 OCT 14 AH 8; 39 33200 E. Tahquitz Canyon Way Palm Springs, CA 92262 J ICITY C t L'R r From:C. Don Holmlund P.O. Box 1261 Allyn, WA 98524 RE: Case No. 5.1203 Conditional Use Permit/6.507 Variance T Mobile U.S.A. This letter is once again my opposition to the Variance application by T- Mobile for the installation of a forty-three foot tall connnercial communication antenna. Does this installation go on a roof of the Structure? The proposed set back of forty-feet from seventeen feet impacts the neighboring condos? Doesn't the view from condos, homes East and North of the property deserve some consideration? The satellite dishes all ready in place disturb our views, along with the power lines! Now we are going to add this tower. The commercial businesses to the West and South certainly are not concerned. Your vicinity Map covers a limited area, I understood property improvements, and additions had to consider a larger area than this in neighborhoods which included residential properties and condos? Your timeline for announcements to owners of private property who spend winter months, weekends and holidays in Palm Springs certainly isn't a timely or convienent time frame. In fact several owners stated they didn't receive the announcement. I request the Planning Commission visit the site, consider the adjacent commercial area which it would be less obtrusive with this tower. Design the tower to be a part of the landscape, like a palm tree. Other communities do this. Your timeline for approval, the vagueness of the physical placement of the tower and the possible impact of property value for the neighborhood should be considered. It is impossible on short notice to contact every owner in the surrounding area to respond to such an application. Planning Commission Meeting Date: /O�/7��`J 4 Additional Material - a1�7 Club Trinidad has made numerous improvements over the past year and as neighbors we have had to deal with the residual results. Overflow of vehicles using on street parking as their parking lot does not provide enough spaces for their unit guests, guests visiting the restaurant/bar, the salon, employee parking, construction workers and stored materials and equipment. Not to mention the noise and dust. On street parking for individual home owners and condo owner's guests is almost non-existent. All owners, commercial and private also have to deal with vehicles parked with for sale signs on these streets, thus less parking for everyone. Are the owners of Club Trinidad receiving financial remuneration from T-- Mobile for use of the site? Commercial Businesses in our current economy always are looking for opportunities to add to their income. If this is happening it is all the more reason to not infringe on personal property and individual condo owners. Club Trinidad, as a timehare resort has spent much time and expense regarding these improvements; sewer, solar installation, remodeling, and paving. We, as neighbors have been patient and supportive, however, this Variance request goes beyond being reasonable when one considers there are other less obtrusive options. I feel the aesthetic and property value needs more consideration. Re full u itted, G 0 1 �!L(,I.hlsl1 To: Plamiing commission of the city of Palm Springs. 2009 OCT 13 AN 9� 06 'James Thompson, City Clerk - 3200 E. TahCanyon ` Lr i,17Y . qY C Lr uitz Wa Palm Springs, CA 92262 1 can't even believe the city of Palm Springs is considering hearing/voting on putting a 43 to 60 foot tower in what is for the most part a"residential neighborhood" in S- Palm Springs! Our property values have fallen enough, this would put a tower 100 yards or so from my front door, which faces Mountain Views and put a Tower right between those views and our homes. T-MOBILE has the whole Desert to find a place for their Tower, tell them to find a"COMMERCIAL NEIGHBORHOOD" for this EYESOAR! DO NOT change local laws concerning"side yard setback requirements" for property located at 1900 East Palm Canyon Way, Zoned R-3, this was put in place for a reason and should NOT be ALLOWED to be changed just so T-MO131LE can ruin our Neighborhood with this unsightly tower! DO NOT approve "CASE NO-5-1203 CONDITIONAL USE PERMIT/ 6-507 VARIANCE T-MOBILE USA, INC. 1900 EAST PALM CANTON DRIVE. Concerned Resident, aria J. McCulloch 1444 S. Cerritos Drive Palm Springs, CA 92264 760 864-1690 � .2 1 I �•I T- I"�& 1.�I L�:I�r'. i . Date: October 7, 2009 20090CT 13 AM 9` 05 To: James Thompson, City Clerk j,o 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 From: Diana L. Hohnlund P. 0. Box 1261 Allyn, WA 98524 RE: Case 95-1203 conditional use permit/6/507 variance, T-Mobile, USA, hic. As a condominium owner in Calypso Palms located at 1600 South Andce Drive, Palm Springs, CA. 92264, I urge denial of the proposed application by T-Mobile, USA, hac. for a Conditional Use Permit to install a sixty foot tall commercial communication antemaa between Club Trinidad, a timeshare resort, and Calypso Palms, privately owned condominiums. T-Mobile Communications is requesting a variance to increase the maximum height 60' as well as to reduce the side yard setback by 53'. Both of these requests are substantial, particularly the setback from sixty to seventeen feet. The two complexes, Club Trinidad and Calypso Palms, are extremely close and the proposal to install an additional feature in this small space is unacceptable. The introduction of this tower would overwhelm the adjacent, condominium complex, resort and single family dwellings. 1 make a reconunendation that members of the planning commission make a site visit observe the proposed location-, I believe the visit will result in members appreciating property owners' request for denial of the conditional use permit. A less conspicuous area in a retail section of the city would be more appropriate for a cell tower. Across East Palm Canyon Drive is Smoke Tree Plara and Smoke Tree Commons, business parks, which would be more suitable locations- Citizens are more willing to accept such a structure in a non-residential area where the impact on aesthetics and property value would not be affected. Let it be known that I, Diana L. Holrolund, co-owner of a condominium at 1649 South Andee Drive, Palm Springs, CA 92264, oppose the application by T-Mobile, USA, Inc. for a Conditional Permit to install a sixty foot tall commercial antennae contained within a slim-line monopole as stated in the current notice ofpublic hearing by the plarming commission of the city of Palm Springs. Respectfully submitted, Diana L. Holmlund 4 OCT-12-2009 02 :30 PM deSi9nCo. S60 27S 2920 P. 02 P.O. Box 1642 Allyn, WA 98524 October 7, 2009 James Thompson, City Clerk 3200 E. Tahquitx Canyon Way Palm Springs, CA 92262 Dear Mr. Thompson, It bas come to my attention once again that Club Trinidad,located at 1900 East Palm Canyon Drive,Palm Springs,has applied for a conditional use permit to place a commercial cornulunication antenna, This refers to case no. 5.1203 conditional use permit/6/507 variance, T-Mobile, USA, Inc. I am the homeowner's president of the 12 unit condominium complex called Calypso Palms, located at 1600 South Andoe Drive, immediately adjoining the Club Trinidad Timeshare named above. T speak for Calypso Palms in voicing our displeasure in this project proceeding as planned. We have prevlously attended hearings on this matter and were under the impression that 1)the case was postponed indefinitely, and 2)that another more suitable location would be pursued. further, it was requested that any future hearings be conducted during the months that winter residents were present to represent themselves. Apparently,that is not the case as it is once again up far public input in the shoulder season. We oppose this tower being placed at this location. We arc concerned about many things; aestherics;zoning impacts; wind stresses known to occur in this location; safety issues,including unknown health risks;possible noise;lighting and other future towers being added. Please take our concerns into consideration and deny this application in the interest of the immediate neighborhood and it's well-being. Sin , Patricia L Rogers HOA President Calypso Palms Condominium 1633.1655 South Andee Drive Palm Springs, Ca 92264 Plamung Commission Meeting Date: �a1/41C� 5 Additional Material Item 4 5 TO; JAMES THOMPSON SUBJ: TRINIDAD TOWERS DATE: 10/7/2009 DEAR SIR: THE MEETING FOR THIS TOWER IS SET UP FOR 10/14/2009 AT CITY HALL.THE RESIDENTS HERE AT CALYPSO PALMS.A GROUP OF TWELVE UNITS. IS LOCATED RIGHT NEXT TO THE TRINIDAD- THIS IS OUR HOME AND WE REALLY DONT WANT TO BE RELAXING IN OUR LOUNGE CHAIRS AND LOOKING AT A DISTASTEFUL 60 FOOT METAL MONOLITH TYPE OBJECT. PLUS OUR.RESALE VALUES COULD BE JEOPARDIZE. PLEASE HEAR OUR PLEA AND HELP US. RE$P CTFULLY,�� �� ARLENE NICHOLSON 1633 S ANDEE DRIVE o PALM SPRINGS.CA 92264 _ {-c N �•1-rl �~ b Y� t•(J - Planning Commission Meeting _ Date: _ /2 /W05 _ Additional Material Item October 6, 2009 0 F,11 I hl r,,r f,' zao OCT -7 All 5, 57 James Thompson, City Clerk 3200 UL Tah uitz Canyon Wa q Y Y Palm Springs, CA 92262 C11 Y CLERK RE: Case 95.1203-CUP/6.507-VAR 1900 Fast Palm Canyon Drive T-Mobile,USA Inc. The purpose of this letter is to provide comment on preliminary findings in support of granting a variance with respect to both a height and side yard setback in order to install a telecommunications tower on the subject site. As previously stated in our hand delivered letter of July 8, we particularly take exception to the finding that the project is unlikely to have a significant effect on the immediate surroundings, including view corridors. Although the use applied for is one for which a conditional use permit is authorized,the granting of such conditional use is further predicated on meeting certain requirements with respect to height and setbacks. Such conditions are generally considered to mitigate the impacts of a conditional use. Applicant seeks to avoid these protections with a variance request. While we appreciate the steps the Planning Commission has already taken to modify the design, we feel that the request for variance has potentially serious aesthetic repercussions and is potentially detrimental to our R3 zoning now and in the future. The Versailles Condominiums Board of Directors,representing 107 homeowners,hereby requests that before a final decision is made,the applicant provide the following additional studies and information for your consideration 1. Locations and coverage of other similar installations in the city,particularly in R3 zoning 2. Proof that three to five alternative site locations, including Smoke Tree Commons,were considered and explanation of why these sites do or do not work. 3. A map showing the view shed of proposed tower to determine how far it can be seen 4. Provide notice and comment opportunity to all homeowners in the area of the view shed; not just those residing within the 400 foot radius of the proposed tower location. 5_ Provide a calculation of acceptable wind stress on the tower and related safety issues 6. Prohibit any lighting in, on or around the structurcvnless required by FAA We appreciate the opportunity to bring our comments forward. in Allen,President Versailles Condominium Homeowners Association, Inc. 2057 Columbard Palm Springs, CA 92264 760-416-3301 johnal len ps@yerizon.not July 5, 2009 ' 'r' 1= P P'�CC-IF' i�I;L I 1 S F To: James Thompson, City Clerk City of Palm Springs 2069 JUL 13 F11 3: 34 From: C. Don Holmlund J,°'ME1 P I{Cl it jurl Condo Owner, Calypso Palms CITY CLERK 1649 S. Andee Dr, Palm Springs, CA Re: Application for Conditional Use Permit at 1900 E. Palm Canyon Dr 1 am an owner of a condo in Calypso Palms and am opposed to the application. We are adjacent to 1900 E. Palm Canyon Dr., known as Club Trinidad,. With a home in Washington State it is not possible to view the documents, specifically the site planwithin the time constraints of daid application- Questions l have are: 1. Specific location of said tower; on the building roof, between neighboring properties, or in parking areas? 2. Tower will be a visual detriment to adjacent properties (homes, condos), out of town owners have little opportunity to view plan and impact it will have on their property. 3. Are other commercial properties in affected areas are more suitable for this tower. Specifically Smoke Tree Shopping Center (across East Palm Canyon Drive) or further North on Sunrise? 4. Does the property owner(Club Trinidad) receive some financial profit from this tower being placed on their property? Do they benefit while individual homes and neighboring condominiums suffer from loss of properly value because of such a tower? Your timeline for approval, the vagueness of the physical placement of the tower and the possible impact of property value for the neighborhood should be considered. It is impossible on short notice to contact every owner in the surrounding area to respond to such an application. 1 thought improvements such as this needed approval from owners further away from the site than the immediate area you circled (400 ft radius vs. a radius of 1/2 mile or more. Hopefully you will share this with those attending the July Sth meeting. !have contacted the several of the owners in Calypso Palms- Were the owners of condos in Versailles contacted? Thank you for your consideration! C. Don Holmlund JUL-01-2009 01t34 PM PHINNEY 360 2,75 6495 P. 02 I - � i'lECE.IV 7 C!F PALI'i SI`J' 2009 JUL. -7 Ali 11 : 23 Box 1642 Allyn, WA 98524 July 6,2009 CITY CLER1 James Thompson,City Clerk 3200 E, Tahquitz Canyon Way 2 . .� _ We are condominium owners at Calypso Palms Condos located at 1633-1655 South Andee Drive,Palm Springs,CA. This letter is in response to the notice of public hearing regarding the proposed T-Mobile commercial communication tower to be located at Club Trinidad, 1900 S. Andee Drive. We are winter residents and we received the notice of the hearing in Washington State too late to be able to respond by US mail, hence this fax. The process of forwarding mall from Palm Springs combined with the 4 h of July weekend left us on the short end of the straw. We oppose the installation of this tower. it seems to us that a much more appropriate location for this tower would be in a more commercial area such as Smoke Tree Plaza across the street on East Palm Canyon Drive. For Club Trinidad to gain financially from this and for the surrounding neighborhoods to have to view it is essentially unfair. And nothing was said about what kind of interference,if any,we could expect from this type of tower_ Or,for that matter,what kind of ill effects,If My, Could be caused by the tower. Please deny this application in the interest of the immediate neighborhood. Sin Patricia L.Rogers 1655 South Andee Drive Palm Springs,CA 92264 49 Date: _. Addition-] Material r July 6, 2009 {{ "! .I :Fi_fj OF i'!`• Lr'1 sf., 2009 To: James Thompson, City Clerk JUL -6 PH 12: 14 City of Palm Springs JA1-1LSTl;Ulfr ;r CIT1' CLERP( From: Thomas Solomon 1614 S. Andee Drive Palm Springs, CA 92264 Re: Application for Conditional Use Permit at 1900 E. Palm Canyon Dr I own a condo at 1614 S. Andee Drive, and am very much opposed to the application. We are adjacent to 1900 E. Palm Canyon Dr., known as Club Trinidad. I also have a home in Michigan, and it is not possible to view the documents, specifically the site plan within the time constraints of said application. Questions I have are: 1. Specific location of said tower; on the building roof, between neighboring properties, or in parking areas? 2. Tower will be a visual detriment to adjacent properties (homes, condos), out of town owners have little opportunity to view plan and impact it will have on their property. 3. Are other commercial properties in affected areas are more suitable for this tower, specifically Smoke Tree Shopping Center (across East Palm Canyon Drive) or further North on Sunrise? 4. Does the property owner (Club Trinidad) receive some financial profit from this tower being placed on their property? Do they benefit while individual homes and neighboring condominiums suffer from loss of property value because of such a lower? Your timeline for approval, the vagueness of the physical placement of the tower, and the possible impact of property value for the neighborhood should be considered. It is impossible on short notice to contact every owner in the surrounding area to respond to such an application. I thought improvements such as this needed approval from owners further away from the site than the immediate area you circled (400 ft radius vs. a radius of mile or more. Hopefully you will share this with those attending the July Sth meeting. Thank you for your consideration! Thomas Solomon CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION City Council Meeting Date: November 4, 2009 Subject: T-MOBILE USA, INC., 1900 EAST PALM CANYON DRIVE 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 October 22, 2009, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (150 notices) I declare under penalty of perjury that the foregoing is true and correct. \L�� 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 October 24, 2009. 1 ,,declare under penalty of perjury that the foregoing is true and correct. u Kathie Hart, CMC 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 October 22, 2009. 1 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 for County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County ol"Riverside .... No 4717 NOTICE OF PUBLIC NEARING CITY COUNCIL _ CITY OF PALM SPRINGS CASE NO.5.1203 CONDITIONAL USE PERMIT 16.507 VARIANCE 1900 EASMPAIIL CANYON DRIVE 111 I am a citizen of the United States and a resident of the County aforesaid;I am over the age of eighteen NOTICE IS HEREBY❑I.Vtry that Ihu City Council of the City of Palm Springs,California will hold a years,and not a party to or interested in the -ppuhllr.br 10.7 at ita meetmp of November 4,2009 The City Council Teeth q'hegins at 6 00 pp m in above-entitled matter.1 am the principal clerk of a the Council Chanter al Cny Hall, 3200 East Tahqultz Canyon Way,Palm Springs. COMPANY a newspaper of general circulation, printer of the,DESERT spap SUN PUBLISHING Thulurpose of the hearing Is to conpinor an appli- "cation by T-Myblly USA Inc, for a Conditional Dee Pyrmit to install a forty-three foot tall coml printed and published in the city of Palm Springs, cial communication antenna coNnmetl within a County of Riverside,and which newspaper has bee" sllm-line monopoly The hearing will also include ! a Vabal application to reduce the sidle yary sot- adjudged a newspaper of general circulation by the back requirement from tong-Inrn� m,,l to apven- Su erior Court of the County of Riverside,State of teen teat mr tnc or Pry Icoated at 1900 East p ty Palm Canyon Drive Zoned R-9. California under the date of March 24,1988.Case i d Number 191236;that the notice,all the annexed is a printed copy(set in type not smaller i k iul than non pariel,has been published in each regular yE: and entire issue at'said newspaper and not in any supplement thereof on the following dates,to wic s. rn.73 October 240',2009 em-wvxmxu�_ All in the year 2009 — I certify(or declare)under penalty of perjury that the foregoing is true and correct. ENVIRONMENTAL ^w DETERMINATION This project Iscatagopyally exumpt from emviron- Dated at Palm Springs,California this--28°i, mental rewOw pursuant to Section 15332 (CYeae ---day 32-In•FIII Development)of'no California Environ� mental quality Ac,(CE A). - -- --,2009 '� REVIEW -OF-PROJECT—IN6aRMATION_� cI October- Thy proposed applicatlon site ppIan and Islaod documents are available for pwlrc mv,,,.at City Hell between the hours of 8 00 a.m and 6:00 p.m. Monday through Thursdayy. Please contact the Cf- wouldflike to City le en(Ippoinlrt col a r al eview --......-- these documents SigRaNr COMMENT ON THIS APPLICATION Re- sponse to lrw;nolim m4y be made verbally at the Public Hearing and/or In writing before the Iear• ing Written comments miy b0 made to the City Council by Idler for mail or hand delivery)to: [� James rhompson City Clerk 32001e Tahgwlz Canyyon Way Co :1` _ Palm Springs CA 92262 .1-- Any challenge of the propeaod project in court In h,,Iimdnd to raising only those issues rseyd ` 7 J at the public hearing described In this nelicr„or in T'] writer correspondence 01 6wrud to(he City Clerk L -�? at, or Rana to the pulbli1 hearing (Goverment ,uI C"I Coda Section 650099 b 2 -_ (— -?'r /-^1 An opportunity will be given at said hearing for all U J 1`� �O l interested persons tc be heard quo;lions n;gard• _. CD Ing this ease may,bo directed to David A.Newell, Planning Services Depanmynl at(700)323.8245 Si neceslla ayuda con esta cayrrtap,,Pal Line a Is Ciudad cr-a Nadine Fiager teaefomo(16 1 323--0 45 de hablar con James Thompson,City CI(rk Publlall 10/24/09 NEIGHBORHOOD COALITION REPS Case 5.1203 CUP/6.507 VAR MODCOM AND MR PETE MORUZZI T-Mobile USA, Inc. HISTORIC SITE REP �� PALM SPRINGS MODERN COMMITTEE PHN far CC Meeting for 11.04.09 P.O. BOX 4738 PALM SPRINGS, CA 92263-4738 CITY OF PALM SPRINGS CASE 6.507 VAR PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS VERIFICATION NOTICE ATTN SECRETARY/6.507 VAR 506 W.SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS =0=4>-0 INDIANS 777 E.TAHQUITZ CANYON WAY,#301 PALM SPRINGS, CA 92262 T-MOBILE MS. MONICA MORETA SPONSORS �J �J SEQUOIA DEPLOYMENT SERVICES INC. . .. . _ _ 3 IMPERIAL PROMENADE, SUITE 1100 ONE VENTURE, SUITE 200 SANTA ANA, CA 92707 IRVINE, CA 92618 OMNIPOINT COMM. INC./ PSG DOUG JONES T-MOBILE USA ATTN' PETE SHUBIN MR MR TAMARISK ROAD 3257 E GUASTI ROAD, SUITE 200 1407 WOODCREST AVENUE 899 PALM SPRINGS, CA 92262 ONTARIO, CA 91761 BREA, CA 92821 NATIONAL ENGINEERING&COW SULTING 22362 GILBERTO, SUITE 200 RANCHO SANTA MARGARITA, CA 92688 502320007 502326026 CASE 5.1203 CUP 16.507 VARAVILA LIVING TRUST VILLIS,ANTHONY CORRECTED ADDRESSES& 37107 STRATFORD STREET 460 SANDPIPER WAY ADDITIONAL LABELS INDIO, CA 92203 ALPINE,CA 91901 502326021 502324004 009602256 CREVJS,MICPIAEL R KLRNS,7OITN&BOBBIE UNION OIL CO OF CALIF 1431 S CLRRITOS DR 7959 SURREY LN PO BOX 1539 PALM SPRINGS,CA 92264 ALTA LOMA,CA 91701 PASO ROBLES, CA 93447 1.APN:502-310-033 2. APN:502.323-005 3. APN:502-323.006 USA BIA STEFFANI GERGOV FRANK JAMES VINCI&GEORGF B 1800 E PALM CANYON DR 1933 E RENEE CIR ELLSWORTHE PALM SPRINGS CA 92264.1617 PALM SPRINGS CA 92264-8629 1945 B RF,NFE CIR PALM SPRINGS CA 92264-8629 4, APN: 502-323.007 5, APN: 502-323-008 6. APN 502-324-001 CHARLES W&MICHELE GAINGS RONAI,D J PRZYBYLA JOHN E RO$S 1988 E AVERY DR 1944 E AVERY DR 1945 E AVERY DR PALM SPRINGS CA 92264-8607 PALM SPRINGS CA 92264-8607 PALM SPRINGS CA 92264-8607 7. APN:502-324-002 8 APN 502.324.004 9, APN:502-324-005 WAYNE D&DEBRA K DUNCAN LUCILLE G MURRAY ARLENE NICHOLSON 569 27TI-I ST 22207 MARIPOSA RD 1633 S ANDEE DR MANHA'17AN BEACH CA 90266-2209 1 I,1 JACHAPi CA 93561-8876 PALM$PRfNGS CA 92264.5012 10. APN,507 ..4.006 11. APN: 502-324-007 12, APN:502-324-008 JOHN M&M PAULINE GILLESPIE RAYMOND D&PATRICIA E WINN WILLIAM L&SHARON D ROGERS 11530 AN ZSON PI, 6169 BEAR AVE 1639 S ANDEE DR MAPL• IDGE BC V2X 8N3 CANADA- HUNTING"f ON PARK CA 90255-4601 PALM SPRINGS CA 92264-5012 13 APN:502-324-009 14 APN: 502.324-010 15 APN:502-324-011 ANTONE V CASTRO SIEGMAN ROY A&D A TRUS I JUNE L MACKENZIE 1641 S ANDEE DR 1643 S ANDEE DR 17109 23RD PL SW PALM SPRINGS CA 92264-5012 PALM SPRINGS CA 92264.5012 GURIEN WA 98166-3200 I6. APN. 502-324-012 17, APN 502-324.013 18, APN:502-324-014 MALCOM C MACKENZIE' CARL DON&DIANA L HOLMLUND J B GIBSON 17109 23RD PL SW PO BOX 1261 7871 BAYSINGER ST BURIEN WA 98166-3200 ALLYN WA 98524.1261 DOWNEY CA 90241-2224 19. APN 502.324.015 20, APN:502-324-016 21. AP : 502-324-017 CHARLES A&SANDRA H BORGMAN DONALD L&PATRICIA 1.ROGERS ANDEE ARTMBNTS 16704 96TH CT NE 14951 E STATE ROUTE 106 PO 8 4522 BOTI-IFI,L WA 98011.4002 13P:LI-AIR WA 98528-8539 PAIA SPRINGS CA 92263-4522 22. APN:502.325.001 23, APN. 502-325-002 24, APN•502-325-003 KAY LOUISE'PARKS MICI IALL N DIAMOND SALLY CHULUMOVICH 2099 NORMANDY CI' PO BOX 4982 2093 NORMANDY CT PALM SPRINGS CA 92264-5008 CULVER CITY CA 90231-4982 PALM SPRINGS CA 92264.5008 25. APN 502-325-004 26, APN. 502-325.005 27. APN:502.325-006 HASMIG BARSAMIAN DEAN STGTNER FAMES W&MARGARET A PIERCE PO 13OX 7822 2081 NORMANDY CT 17200 W BELL RD#1134 LA VERNE CA 91750-7322 PALM SPRINGS CA 92264-5045 SURPRISE AL 85374-9846 28. APN 502-325.007, 29. AP .5U2.325-008 30 APN: 502-325-009 J BRIAN&CAMILLE RAE SMI Il ISON 13/RYRTIN& ROBERTA ODENE MICHEL F GU I ]RY 1813 1OTH S'W S PO BOX 1841 KIRKLAN➢WA 99033-4840 2ANDY CT CA I'1-1EDRAL CITY CA 92235-1841 PNGS CA 93264-5046 31 APN-502-325-010 32 APN:502.325.011 33. AP 02-325-012 RORF,RT SCOTT&MARY CECILIA RUT118FRTHOLJOTTI FRED A , OR JENKINS 12022 MARSHALI,ST 1825 PKADE ST 600 S VINCENT AVE CULVER CITY CA 90230-5828 KF, O WA 98626 AZUSA CA 91702-5145 34. APN, 502-325-013 35, APN 502-325-0111 36, APN:502-325-015 PATRICIA L CLARK RICF ARD A HAMMER PAUL S NATHAN 1698 S ANDEE DR 1686 S ANDFB DR 1692 S ANDEE DR PALM SPRINGS CA 92264-5026 PALM SPRINGS CA 92264-5049 PALM SPRINGS CA 92264-5026 37, APN-502-325.016 38. APN•502-325-017 39. A :502-325-018 MICHAEL 1-1 HOOVER CHAPMAN CINDY FREMIN MAX A IPPERMAN 1112 S CALLE MA1iCU5 PO BOX 3023 4252 OODLAND TRL PALM SPRINGS CA 92264-8506 DANA POINT CA 92629-8023 G DEN VALLEY MN 55422- 40 APN: 502.325.019 41. APN 502-325-020 42. APN:502-325-021 STEPIII-N&JACQUELINE PECK IRVING I&GEORGETTE E HAIMAN GERALD CARLIN 1412 CAMDEN AVF 1650 S ANDEE DR PO BOX 1224 LOS ANGELES CA 90025-3409 PALM SPRINGS CA 92264-5049 LA QU1N"I'A CA 92247-1224 43 APN. 502-325-022 44, APN:502.325-023 45. APN:502-325-024 St IEIE,A P WEINBERG GESSER I TANS 0&GESSER RENA I E J ORAZIO J&MAUREEN Q MANGONE 2050 NORMANDY CT MUE 2056 NORMANDY CT PALM SPRINGS CA 92264-5017 SEESHAUPTERSTR 6 92335 BERG PALM SPRINGS CA 92264-5048 or:RMANY- 46. APN 502-325.025 47. APN:502-325-026 48, APN:502.325-027 ANATOLI A&DORA S NARESHNI SUZETTE C LASALLE, LEON S&LYNNE KOSDON 2353 AMBER OAK LN 4579 OREGON ST 9445 VANAI.DFN AVE FSCONDIDO CA 92027 SAN DIRGO CA 92116-3050 NORTHRIDGE CA 91324-2755 49. APN:502-325-028 50, APN: 502.325.029 51. APN 502-325-030 LEW&MARILYN G GRELNBAUM DENEEN DALE NI LIVING"1RIJS I REX ALLEN MACHLAN 3300 MCI,AUGHLIN AVE 6 VISTA MIRAGF WAY 2084 NORMANDY CT LOS ANGILES CA 90066.2005 RANCHO MIRAGF CA 92270-I906 PALM SPRINGS CA 92264-5 0 1 3 52. APN 502-325.031 53. APN,502-325-032 54, APN:502-325-033 DENISE MERCIER ALDO M&DORIS L PONTANA HANS W&YURIKO K RICHTER 17 SKYLINE DR 125 WILDWOOD WAY 1177 CALIFORNIA ST 4909 UPPER SADDLE RIVER NJ 07458-2029 WOODSIDE CA 94062-2351 SAN FRANCISCO CA 94108-2222 55. APN:502-325.034 56. APN.502-325-035 57, APN: 502.325-036 SUZANNA KAROLINA FLEISCHER GAL LIPKIN JUDITI I GOODE MORAN 3880 SELKIRK ST 1631 S CRRRITOS DR 1641 S CERRITOS OR VANCOUVER BC V6H 2Z3 CANADA PALM SPRINGS CA 92264-5052 PALM SPRINGS CA 92264-5052 V6H27_- 58, APN:502-325.037 59 APN: 502-325-038 60 APN:502-325-039 MARLENE JUSTICE SARA SAND]-'I. W HARVEY HOEPPNER 2602 22ND S 1' 607 N CRESCENT DR 1298 PRIMAV ERA DR N SANTA MONICA CA 90405-2806 DEVI3RLY HILLS CA 90210.3329 PALM SPRINGS CA 92264-8411 61. APN:502-325.040 62 APN: 502-325-041 63. APN' 502-325-042 JOHN ROBERT POBLOCKI JAMES T CLEGHORN SHARON A CASTLE 1592 UNION ST 1472 1581 S CERRITOS DR 12272 2ND ST SAN FRANCISCO CA 94123-4531 PALM SPRINGS CA 92264-5052 YUCAIPA CA 92399.4212 64. APN: 502-325-043 65, APN:502-325-044 66 APN:502-325-045 RICHARD L&CAROL L LASKO JOHN 1-1 ALLCN JANET L PIERCY 13650 SE 129T1-I AVE PO BOX 5154 2061 E COLUMBARD DR CLACKAMAS OR 97015-7307 PALM SPRINGS CA 92263-5154 PALM SPRINGS CA 92264-5007 67. APN:502-325.046 68. APN•502-325.047 69. eAP02-325-048 COTTEN ROYCE H TRUST JOHN F&KAROLA AIGNER LISA ELL 103 MOUNT I IAVCN DR 20312 CRAIMER LN 415 WO LN KERRVILLE TX 78028-8132 HUNTINGTON BEACH CA 92646-5403 PA SPRINGS CA 92262-7327 70. APN:502-325.049 71. APN 502-325-050 72. APN: 502-325-051 STANLEY POLB WORKSOP&PRESCWICH INV LEONARD E ELIAS 6464 W SUNSET BLVD 4700 9606 SANTA MONICA BLVD 2662 C GARVEY AVE S LOS ANGBLI;S CA 90028-8009 BEVERLY 1-11LLS CA 90210-4427 WEST COVINA CA 91791-2113 73, APN:502.325-052 74. APN'502.325.053 75, APN 502-325.054 JAMES MICHAEL CI-LARLFS W&GRACEMARY I IAMMCR NORA J BALOGH 2007 E COLUMBARD DR 6317 121SP$1 I> PO BOX 1307 PALM SPRINGS CA 92264-5007 PUYALLUP WA 98373-8831 SAUSALITO CA 94966-1307 76, APN:502-325-055 77. APN:502-325.056 78. AP : 502.325-057 RICHARD M&JANET E MARTIN STEVEN L NICHOLSON DON M 1�ATHLEEN WARD 3559 LAKC TAHOE TRL 4549 BANCROFT ST 46 2020,PiORMANDY CT LAKE M148632-8952 SAN DIEGO CA 92116-4434 PAkM SPRINGS CA 92264-5017 79 APN:502.325-058 80. AP ,502.325-059 81. APN: 502-325-060 LAROLD C&GRACE E DAVENPORT JACK L ,NE E FOATE GEORGB l-HURLEY 2030 NORMANDY CT 678 2 AVE 1644 S ANDEE DR PALM SPRINGS CA 92264-5017 MC OTA HEIGHTS MN 55118-2806 PALM SPRINGS CA 92264-5000 82. APN.502-325-061 83. APN:502-325.062 84. APN: 502-325-063 GREG WOLFSKILL MICHAEL M TORMEY MARY LOU SOLOMON 1626 S ANDEE DR 21128 COBALT 1919 HUN INGTON BLVD PALM SPRINGS CA 92264-5000 MISSION VIEJO CA 92691-6666 CROSSE POINTE WOODS MI 48236 85. APN.502-325-064 86 APN. 502-325-065 87, APN. 502-325-066 ARTHUR W MANI'EY ILYA GRANOVSKIY LOUIS J&BRENDA L ALPINIERI 136 BLiAVER ST 1602 S ANDEE DR 2678 PRCSTWICK CT SAN FRANCISCO CA 94114-1517 PALM SPRINGS CA 92264-5010 LA JOLLA CA 92037-2016 88, APN:502.325-067 99. APN:502-325-068 90. APN: 502-325-069 RODNEY L SHARP ARNOLD O PIERSON RICHARD P&SHARON M W ESTIN 72892 SIERRA VISTA RD 340 W DIVERSEY PKWY d 2217 14407 SC 47TH PL PALM DESERT CA 92260-2733 CHICAGO 11,60657-6225 BELLEVUE WA 98006-3139 raj �A•� 91 APN' 502-326-001 92, APN:502-326-002 93, APN:502-326-003 CHARLES A ASHMAN KENNETH R&BETTY R NICCONNOHIE ALBERT&LAURANE L SCHULTZ 1582 S ANDEE DR 1562 S ANDEE DR 60 RUPERTSLAND AVE MAN PALM SPRINGS CA 92264.5015 PALM SPRINGS CA 92264-5015 WINNEPEG MB R2V OE6 CANADA R2VOE- 94. APN:502-326-00.1 95 APN:502.326.005 96. A,PN: 502-326-006 JACK&MAUREEN 15C,FLAK SIIIiILA WEINBERG ANTHONY T BERAii= 174 S DETROIT ST 1502$ANDEE DR 1482 S ANDEE DR LOS ANGELES CA 90036.2914 PALM SPRINGS CA 92264-5014 PALM SPRINGS CA 92264-5014 97. APN: 02-326-007 98. APN: 502-326-008 99. APN:502.326.009 AVILA LIV G TRUST EVAN A ARMSTRONG LONREE A NIELSEN 1472$A EE DR PO BOX 1642 2170 S 2000 E PALM PRINGS CA 92264-5014 PAI,M SPRINGS CA 92263-1642 SALT LAKE CITY UT 84106-4137 100, APN 502-326-010 101 APN.502.326-011 102. AP 02-326-012 DOMINIC 1&PATSY MAE SPALLONE JOSEPH W FRIED EVELYN AVIS PO BOX 7007 4619 NAGLE AVE 1111E ON RD 096 INCLINE VILLAGE NV 89450.7007 SHERMAN OAKS CA 91423-3227 PAI SPRINGS CA 92264-7710 103. APN:502.326-013 104, APN.502-326-014 105. APN:502-326-015 ROBERT M DREMEL DAVID BOND JAMES MUR.RAY 2000 VERSAILLES DR 2020 VERSAILLES DR 615 NOE ST PALM SPRINGS CA 92264.5028 PALM SPRINGS CA 92264-5028 SAN FRANCISCO CA 94 1 14-2529 106, APN 502-326.016 107. APN:502.326.017 108. AP A, 502-326-018 DAVID V&SUSAN R GREEN MARILYN A BOLTON FIRST RSTATE BANK OF SHERI 915 SAINT BIMINI CIR�B 420 S MARINN PKWY PO B 2007 PALM SPRINGS CA 92264.8021 DENVER CO 80209-2542 S1- _21DAN WY 82801-2007 109 APN:502.326.019 110, APN:502-326-020 111. APN: - -326-021 KEITH B OLIVER WILHELM WELLER FRANK G& USALIND R REINHARD 2099 E SONORA RD 1421 S CERRITOS DR 6612 C ITO HERMITAGE PALM SPRINGS CA 92264-8662 PALM SPRINGS CA 92264.5032 LA JO A CA 92037 112. APN.502-326-022 113, APN:502.326-023 114. APN:502.326-024 JAMES A&ALEDA M LANE PRATER OF KIPPER LIVING TRUST RICHARD A ANDERSON 4200 VIA DOLCE#231 100 S SUNRISE WAY#434 1464 VERSAILLES DR MARINA DEL RE,Y CA 90292-5262 PALM SPRINGS CA 92262.6779 PALM SPRINGS CA 92264-5077 115, APN:502-326.025 116 AP .502-326-026 117 APN: 502-326-027 PETER J CLAYWORTH ANTKON VILLIS EDWARD F STYBORSKI 1474 VERSAILLES DR 1484 VE SAILLES DR 1494 VERSAILLES DR PALM SPRINGS CA 92264.5077 PALMAPRINGS CA 92264-5077 PALM SPRINGS CA 92264-5078 118. APN:502-326-028 119. APN-502.326.029 120 APN: 502-326-030 PETER&RE]SrCCA L DICARLO TIIEODORE M LOREN7_EN HARRY F GILES 8 FAIRCLIFF CT 1521 S CE R,19'OS DR 1541 S CERRITOS DR GLENDALE CA 91206.1723 PALM SPRINGS CA 92264-5039 PALM SPRINGS CA 92264-5039 121. APN:502.326.031 122 APN: 502-326-032 123, APN: 502326-033 JAMES D TROTTER LYNN L&SHARON R BRIGGS ADBAS&NILOUFAR FIROUZI 1561 S CERRITOS DR 14018 SE 90TH ST 330 N LAKE AVE PALM SPRINGS CA 92264.5039 NEWCASTLE WA 98059-3484 PASADCNA CA 91101-1218 124. APN:502-326-034 125 APN'502-326-035 126. APN:502.326-036 A JAMES HUGHES LOWELL&BARBARA L HERTZBERG DAVID N CREASON 2525 S CALLE PALO FIERRO PO BOX 10009 1453 VL-RSAILLES DR PALM SPRINGS CA 92264-9415 SANTA ANA CA 92711-0009 PALM SPRINGS CA 92264-5074 127 APN:502-326-037 128, APN:502.326-038 129, APN 02-32G-040,041 I fANS ZICGLER STANLEY M GIFFIS BANK OF ERICA NATL TRUST&S 2534 PANORAMA TER 1433 V CRSAILLES DR 333 S BE DRY AVE#21 ST LOS ANGELBS CA 90039-2540 PALM SPRINGS CA 92264-5074 LOS GELES CA 90017-1466 130. APN:502-440-001 131. APN 502-140-002 TO 060 132 APN,502-440-061 MYERS FREDERICK F&A J TRUST USA BIA LOT COMMON 300 LUGONIA ST 1712 CAPRI CIR PO BOX 1549 NEWPORT 13FAC-1 CA 92663-1816 PALM SPRINGS CA 92264-5001 NEWPORT BEAC14 CA 92659-15,19 133. APN. 510-020-002,003, 012 134. APN,510-020-010,049 135, APN: 510.020-049,010 DONAHUE SCHRIBER REALTY SMOKE TREE INC SMOKE TRCC INC 2235 FARADAY AVE PO PO BOX 6030 101 N TRYON$T CARLSI3AD CA 92008-7215 NEWPORT BEACH CA 92658.6030 CHARLOTTE NC 28255-0001 10/22/2009 14:45 FAX 7603228332 PALM SPRTNCS CITY CLERK U001 V;**ttt TX FIAPORT :J:ft:jt V4:6$;!;*** TRANSMISSION OK TX/RX NO 0701 CONNECTION TEL 941B2687 CONNECTION ID ST. TIME 10/22 14;44 USAGE T 00T33 PGS. SENT 3 RE S L]13 OK aF ?ALM 'F"C City of Palm Springs Office of the City Clerk 3200 L.TaIjqijjcz Canyon Way - PiLrn Sp6ngs, CaLrorni,.t 92262 '141 po VIVO' 7cl:(760) 323-0204 • Fax:(760) 322.8332 Web: wivw.pilinsprings-cL-gov October 22, 2009 Ms. Claudia Salgado Bureau of Indian 4�airs P. Q. Box 2245 Palm Springs, CA !6263 J Dear Ms. Salgado: RE: City Council'Meeting —November 4, 2009 Case 5.120'1 —T-Mobile USA Inc., 1900 E. Palm Canyon Drive The City Council of I l he City of Palm Springs will be conducting a public hearing relating to the above referenced 0 November 4, 2009. Enclosed are copies of the public hearing notice to be forwarded to the appropriate Indian landowner(s)within the 400 ft. radius of the project location. APN: 602-440-002 to 060 502-310-033 Please feel free to r6ntact me if there are any questions or concerns, 323-8206. Sincerely, Kathie Hart, 0 C Chief Deputy City Clerk /kdh PHN to EIA,WazzmgG' Dm-wzs.d.. Encl: Public Hearipg Notices (5 copies) F VAL/h Sp UC City ©f Palm Springs IL * Office of the City Cleric k �TRORniEO ^y '" 3200 E Tahquaz Canyon Way • Palm ShrmgY, (,:Jiiorn rL 92262 Cq4IF0R��P Tel (760) 3'3-520zi • Cox (700) 322-8332 • Wet) uww.pnlmSpnnKy-C'r;,pv October 22, 2009 Ms. Claudia Salgado Bureau of Indian Affairs P. O. Box 2245 Palm Springs, CA 92263 Dear Ms. Salgado. RE: City Council Meeting -- November 4, 2009 Case 5.1203—T-Mobile USA Inc., 1900 E. Palm Canyon Drive The City Council of the City of Palm Springs will be conducting a public hearing relating to the above referenced on November 4, 2009. Enclosed are copies of the public hearing notice to be forwarded to the appropriate Indian landowner(s) within the 400 ft. radius of the project location. APN: 502-440-002 to 060 502-310-033 Please feel free to contact me if there are any questions or concerns, 323-8206. Sincerely, U114M& Kathie Hart, CIVIC Chief Deputy City Clerk /kdh Encl: Public Hearing Notices (5 copies) Pose Officc Box 2743 ° Palm Springs, California 92263-2743 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.1203 CONDITIONAL USE PERMIT / 6.507 VARIANCE T-MOBILE USA, INC. 1900 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 November 4, 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 T-Mobile, USA Inc., for a Conditional Use Permit to install a forty-three foot tall commercial communication antenna contained within a slim-line monopole. The hearing will also include a Variance application to reduce the side yard setback requirement from forty-three feet to seventeen feet for the property located at 1900 East Palm Canyon Drive, Zoned R-3. ENVIRONMENTAL, DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA). REVIEW OF PROJECT INFORMATION: The proposed application, site plan and related documents are available for public review at City Hall between the hours of 8-00 a.m. and 6.00 p.m. Monday through Thursday- Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to David A. Newell, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede h_ablar con Nadine Fieger tefefono (760) 323-8245. mes Thompson, City-Clerk N Department of Planning Services V„ E 9e eona'' Vicinity Map s GA RI CIR �. J RENEE CI VERShILL 5 R AVENIOA OLANCHA 0 AVERY OR ¢ a e a w n a TT Ul ti r N — FRONTAGE RG FA1r PALM ChNYgry pFIVS — _ _E1 I Legend 400 Foot Radius ® PrajectSIDE 0 Surrounding Parcels CITY OF PALM SPRINGS CASE NO: 5.1203 CUP / DESCRIPTION: To consider an application by 6.507 VAR T-Mobile, USA Inc., for a Conditional Use Permit to install a forty-three foot tall commercial APPLICANT: T-Mobile, USA Inc. communication antenna contained within a slim-line monopole. The hearing will also include a Variance application to reduce the side yard setback requirement from forty-three feet to seventeen feet for the property located at 1900 East Palm Canyon Drive, Zoned R-3. 54