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HomeMy WebLinkAbout24499RESOLUTION NO. 24499 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT (CUP) APPLICATION, CASE NO. 5.1438-CUP, FOR THE INSTALLATION AND OPERATION OF TWELVE UNMANNED EIGHT -FOOT (8') TALL COMMERCIAL WIRELESS COMMUNICATIONS ANTENNAS ON THE ROOF OF AN EXISTING WAREHOUSE BUILDING LOCATED AT 770 SOUTH GENE AUTRY TRAIL, CASE NO. 5.1438-CUP. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. J5 Infrastructure, ("Applicant") has filed an application on behalf of AT&T Mobility with the City pursuant to Sections 94.02.00, 93.23.08 and 94.06.00 of the Palm Springs Zoning Code (PSZC) for the installation of a wireless telecommunications facility, consisting of twelve 8-foot high antennas and an equipment shelter located at 770 South Gene Autry Trail, M-1 Zone, Section 20. B. A notice of a public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit, Case No. 5.1438 was given in accordance with applicable law; and on September 12. 2018, the Planning Commission 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 and voted 4-0-3 to recommend approval to the City Council. C. On October 3, 2018, a public hearing on the application for Conditional Use Permit, Case No. 5.1438 was held by the City Council in accordance with applicable law. 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 reports and all written and oral testimony presented. D. The proposed Conditional Use Permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). E. Section 94.02.00(B)(6) of the City of Palm Springs Zoning Code requires the City Council not approve a Conditional Use Permit unless it finds as follows: a. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the City Zoning Ordinance. Pursuant to Sections 92.17.01(A)(1) of the PSZC, a commercial communications antenna is authorized within the M-1 zoning designation with the approval of a Conditional Use Permit. Resolution No. 24499 Page 2 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 Industrial. The General Plan does not specifically regulate the installation and operation of wireless communication facilities; however, the use as proposed is compatible with this designation as it supports cellular needs of the surrounding light industrial, service, manufacturing, commercial and residential uses in the area. Furthermore, the development of adequate cellular phone levels of services in the area serves the ultimate benefit of the community. 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 meets all the development standards of the zone including the antenna height requirement. The equipment will be placed in a leased area located at the easterly portion of the site. Existing parking in the location will adequately serve the proposed facility and existing business operation. The use will occupy only a small portion of the site. Therefore, the site for the intended use will 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 by the proposed use to and from the site will be for maintenance; the communication facility will be unmanned. The existing building and operations will 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. Conditions requiring removal of antenna upon use -change or abandonment of the subject property and compliance with all Federal Airport Administration requirements are included in the draft conditions of approval. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: Resolution No. 24499 Page 3 SECTION 1. CEQA. The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction of Small Structures) of the CEQA Guidelines since the proposed project involves the installation and location of twelve (12) new eight feet (8') tall wireless antennas on an existing warehouse building. The installations of the antennas will not involve the use of significant amounts of hazardous substances. Furthermore, all necessary public services and facilities are already available to the proposed project site and approval of the proposed project would not result in significant adverse effects relating to aesthetics, traffic, noise, or air quality. SECTION 2. Conditional Use Permit. The City Council hereby approves Conditional Use Permit Case No. 5.1438-CUP subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED THIS 3rd DAY OF OCTOBER, 2018. ATTEST: "hony J. is City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) David H. Ready, Esq.,:. City Manager CERTIFICATION I, Anthony J. Mejia, MMC, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24499 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 3rd day of October, 2018, by the following vote: AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of 00-ue-t 2 � I`o w (k hony J.�ejia, City Clerk RESOLUTION NO. 24499 EXHIBIT A Case 5.1438 CUP — J5 Infrastructure on behalf of AT&T Mobility 770 South Gene Autry Trail October 3, 2018 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 Services, the Director of Building and Safety, 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 5.1438-CUP except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped May 28, 2018, including site plans, architectural elevations and colors on file in the Planning Division except as modified by the approved by conditions below. ADM 3. Conform to all Codes and Regulations. 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. Minor Deviations. 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 5.1438 CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter Resolution No. Conditions of Approval Cases 5.1438 CUP Page 2 of 4 October 3, 2018 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. 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 10. Conditional Use Permit Availabilitv. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. PLANNING DEPARTMENT CONDITIONS PLN 1. Signage. Signage is prohibited on the exterior of the antenna screening structure. Resolution No. Conditions of Approval Cases 5.1438 CUP Page 3 of 4 October 3, 2018 PLN 2. Maintenance. Maintenance of the antennas is a condition of approval for the CUP. The City shall notify the antenna owner of maintenance issues such as missing screening parts or overall site conditions through a Code Enforcement action. PLN 3. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be eight (8') feet, as measured from top of existing building roof top to the top of the antenna. PLN 4. Screening.. Equipment yard to be fully screened by a six (6) foot tall CMU block wall painted of -white color to match existing building. PLN 5. 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 shall be submitted to the Planning Department for approval prior to the issuance of building permits. No lighting of hillsides is permitted. PLN 6. Outside Storaae Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 7. Modification or Addition. If the communication antennas 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 Services for review and approval prior to installation. PLN 8. 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 9. 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 10. Valid Lease Aqreement 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 11. 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 12. FAA & FCC Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). Resolution No. Conditions of Approval Cases 5.1438 CUP Page 4 of 4 October 3, 2018 PLN 13. Screeninq on 4 sides. The antennas shall be fully screened on all four sides. PLN 14. Design. The applicant shall simplify the design of the antennas screening. PLN 15. Landscaoinq. Prior to the issuance of building permits, the applicant shall submit to the Planning Department, landscape plan in conformance to the originally approved landscape plan for the warehouse project. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS