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HomeMy WebLinkAbout22599 - RESOLUTIONS - 10/7/2009RESOLUTION NO. 22599 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND VARIANCE TO ROYAL STREET COMMUNICATIONS CALIFORNIA LLC, TO INSTALL A FORTY-FIVE FOOT WIRELESS COMMUNICATION ANTENNA AT 4733 EAST PALM CANYON DRIVE (CASE NO. 5.1227 AND 6.517VAR). WHEREAS, Royal Street Communications California, LLC ("Applicant') has filed an application with the City pursuant to Section 94.02.00 and Section 94.06,00 of the Palm Springs zoning Code (PSZC) for the installation of a forty-five foot high commercial communications antenna and an area for equipment cabinets surrounded by a block wall located at 4733 East Palm Canyon Drive, APN: 681-170-058, W-C-D-N Zone, Section 30; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit Case No. 5,1227 and Variance Case No. 6.51 was given in accordance with applicable law; and WHEREAS, on September 9, 2009, a public hearing on the application for Conditional Use Permit Case No. 5.1227 and Variance Case No. 6,517 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on September 9, 2009, the Planning Commission recommended approval of Conditional Use Permit Case No. 5.1227 and Variance Case No. 6.517 to the City Council; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the application for Conditional Use Permit Case No. 5.1227 and Variance Case No. 6.517 was given in accordance with applicable law; and WHEREAS, on October 7, 2009, a public hearing on the application for Conditional Use Permit Case No. 5,1227 and Variance Case No. 6.517 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3 — New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. Resolution No. 22599 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS - SECTION 1. The City Council finds that this Conditional Use Permit is Categorically Exempt from environmental review pursuant to Section 15303 (Class 3 -- New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). SECTION 2. State law requires four (4) findings be made for the granting of a variance. Pursuant to the procedure set forth in Section 94.06.01 of the Zoning Code, the City Council finds as follows: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Height: The subject property has properties in the vicinity that contain buildings and landscaping which inhibit cellular frequency at a height of fifteen feet. The applicant has provided radio frequency maps that display coverage of an antenna at fifteen feet in height and forty-three feet in height. These maps show that a fifteen foot high antenna will not satisfy the necessary coverage due to inhibiting factors such as terrain variations, foliage and man-made structures enjoyed by other properties, or in this case cellular providers, in the vicinity and under identical zone classification. 2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. The subject property will be conditioned similar to other properties that have received height variances for antennas. These conditions include removal of the structure upon abandonment of the use, compliance with Federal Aviation Administration (FAA) requirements and restriction to limit the antenna structure to no more than forty-five feet in height. Therefore, the approval of this Variance would not constitute a grant of special privilege that is inconsistent with the limitations placed upon other providers in the vicinity and zoning designation. 3) The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The monopole will be structurally engineered in accordance with all applicable codes for the proposed height and location. Therefore, the project is unlikely to Resolution No. 22599 Page 3 be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the area. 4) The granting of such variance will not adversely affect the general plan of the city. The proposed project has been analyzed against the policies of the General Plan and no inconsistencies have been found. Pursuant to Section 93.08.03(B) of the PSZC, in cases involving applications for height limit variances, no such variance shall be granted unless the director makes make the following finding in addition to those required above: 5) That in the area involved, transmission or reception is adversely affected by obstructions and, as verified by at least one (1) person holding a valid radio- telephone first-class operators license issued by the Federal Communications Commission, it is not feasible to achieve and maintain satisfactory communications within the specified height limitations. The applicant provided a study which shows that the height limit of fifteen feet will not provide the coverage necessary to compete with other wireless communication carriers. Diagrams have been provided that show the top of the antenna at a height of fifteen feet compared to forty-three feet, and the maximum height of fifteen feet does not appear to achieve and maintain satisfactory coverage within the specified height limitations. SECTION 3. Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the City Zoning Ordinance. Pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Code, a commercial communications antenna is authorized within the W-C-D-N zone with the approval of a Type II Conditional Use Permit. b. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The General Plan designation of the subject site is NCC (Neighborhood i Community Commercial). The General Plan does not specifically regulate the installation and operation of wireless communication facilities; however, the use as proposed is compatible with this designation as it supports cellular needs of Resolution No. 22599 Page 4 the surrounding commercial and residential uses and the development of adequate cellular phone levels of services serves the ultimate benefit of the community. The antenna will be located near existing forty-five foot tall monopalms and live palm trees that exceed heights of forty feet. The proposal is unlikely to be detrimental to existing or future uses permitted in the zone, since it will be located in a similar environment. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The proposal includes a variance to the antenna height requirement; the equipment will be placed on an unused portion of the site. Parking in the shopping center will not be affected. The use will occupy only a small portion of the site. Therefore, the site for the intended use will easily accommodate the proposed facility. d. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The only traffic generated from the said use to and from the site will be for maintenance, and the existing infrastructure is anticipated to accommodate the traffic necessary for the maintenance of the facility. e. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. The project is unlikely to have a significant impact on the proposed project site or its immediate surroundings. Conditions to ensure the protection of public health, safety and general welfare are required to be fulfilled by the applicant for approval and include, but are not limited to, removal of antenna upon use -change or abandonment of the subject property and compliance with all Federal Airport Administration requirements among others. NOW, THEREFORE BE IT RESOLVED that the City Council approves Conditional Use Permit Case No. 5.1227 and Variance Case No. 8.517, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. Resolution No. 22599 Page 5 ADOPTED THIS 7TH DAY OF OCTOBER, 2009. David H. Read�r�nager ATTEST: Fames Thompson, City Clerk 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. 22599 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 the 7th day of October, 2009, by the following vote. AYES: CouncilMember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Mills, and Mayor Pougnet. NOES: None, ABSENT: None. ABSTAIN: None. Cames Thompson, City Clerk ity of Palm Springs, California AFo JZ4IZoo Resolution No. 22599 Page 6 EXHIBIT A CONDITIONAL USE PERMIT CASE NO. 5.1227 VARIANCE CASE NO. 6.517 ROYAL. STREET COMMUNICATIONS CALIFORNIA, LLC. 4733 EAST PALM CANYON DRIVE OCTOBER 7, 2009 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney, ADMINISTRATIVE CONDITIONS ADM 1. Proiect Description. This approval is for the project described per Case 5.1227 CUP and Case 6.517 VAR, except as modified by the conditions below, ADM 2. The site shall be developed and maintained in accordance with the approved plans including site plans, architectural elevations and colors on file in the Planning Division except as modified by the approved by conditions below. ADM 3. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. The Director 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 5.1227 CUP and Case 6.517 VAR. The City of Resolution No. 22599 Page 7 Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 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. 22599 Page 8 ADM 10. Comply with City 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. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Liahtina Conformance. Exterior lighting shall conform to Section 93.21.00, Outdoor Lighting Standards, of the Palm Springs Zoning Code. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted to the Planning Department for approval prior to the issuance of building permits. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 3. Modification or Addition. If the communication antenna(s), monopole or equipment cabinets are ever proposed to be modified in any manner such as the inclusion of other antennas, satellite dishes and / or other support equipment, the proposed modifications shall be submitted to the Director of Planning and Zoning for review and approval prior to installation. PLN 4. Obsolete Technoloay. If the technology regarding the communications antenna(s) changes in where the antenna(s) and / or equipment cabinets as approved become obsolete, then the antenna shall be removed. 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 pursuant to Section 94.02.00(I) of the Zoning Code. PLN 6. Antenna Structure Heiaht. The maximum height of the commercial communications antenna structure shall be forty-five feet, which must be modified from the conceptually approved plans date stamped June 18, 2009, as measured from finished grade to the highest point of the structure. PLN 7. Valid Lease Aareement Reauired. If the lease agreement between the property owner and the applicant expires and is not renewed, the CUP will become null and void, and the applicant shall remove the antenna and equipment to the satisfaction of the Director of Planning Services. PLN 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. Resolution No 22599 Page 9 PLN 9. FAA Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Administration (FCC). PLN 10. Antenna Visibilitv and Safetv. The City reserves the right to require, at any time in the future, one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of the pole / fronds if deemed necessary by the Director of Planning and Zoning. PLN 11. Co -location. The applicant / operator of the facility shall agree to allow the co - location of equipment of other wireless communications providers at this site when applications are received by the City and it is considered feasible, subject to an agreement between the applicant / operator, the other proposed wireless communications provider and the property owner. PLN 12. Conditions Imposed by the Planning Commission. The monopole structure shall be: a. Designed as a slim -line monopole with the antennas concealed within the pole, b. Light -to -medium brown in color, c. No more than forty-five feet in height and d. Structurally engineered to allow co -location capabilities. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 'Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. FIRE DEPARTMENT CONDITIONS FID 1. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire -fighting purposes. FID 2. Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. END OF CONDITIONS