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HomeMy WebLinkAbout24186 RESOLUTION NO. 24186 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE INSTALLATION OF A FORTY-FIVE FOOT TALL MONOPALM COMMERCIAL COMMUNICATIONS ANTENNA STRUCTURE WITH ASSOCIATED EQUIPMENT SHELTER AT THE METHODIST CHURCH OF PALM SPRINGS LOCATED AT 1555 EAST ALEJO ROAD, ZONE MBR, SECTION 14, INCLUDING A CATEGORICAL EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CASE NO. 5.1387 CUP). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Cortel Inc. for Verizon Wireless, ("Applicant") has filed an application on behalf of the Methodist Church of Palm Springs (property owner) with the City pursuant to Sections 94.02.00, and 93.23.08 of the Palm Springs Zoning Code (PSZC) for the installation of a telecommunications facility, including a forty-five (45') foot tall monopole designed like a palm tree and equipment shelter located at a the Methodist Church of Palm Springs, 1555 East Alejo Road, APN: 508-060-038, MBR Zone, Section 14. B. On December 5, 2016, the Architectural Advisory Committee reviewed the project and voted unanimously to recommend approval to the Planning Commission of the project as presented. C. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the above-mentioned applications was given in accordance with applicable law, and on January 11, 2017, 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 5-0-2 to recommend approval to City Council of the Project. D. On March 1, 2017, a public hearing on the application for the Project 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. E. The project is located on the Reservation within the Section 14 Specific Plan Area of the Agua Caliente Band of Cahuilla Indians; the Tribal Planning Commission and Tribal Council reviewed the project and recommend approval as presented. Resolution No. 24186 Page 2 F. The Federal Aviation Administration (FAA) reviewed the project and made a Determination of No Hazard to Air Navigation in correspondence dated February, 9, 2016. G. Section 94.02.00(B)(6) of the Palm Springs Zoning Code requires the City Council not approve a Conditional Use Permit unless it finds as follows: 1. 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 MBR zone with the approval of a Conditional Use Permit. 2. 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 site is located within the Section 14 Tribal Specific Plan with a land use designation of Medium Density Residential Buffer (MBR). The Section 14 Specific Plan refers to the development standards as stated in the Palm Springs Zoning Code within the Limited Multiple-Family Residential Zone (R-2). The Section 14 Specific Plan does not specifically regulate the installation and operation of wireless communication facilities; however, the use as proposed is compatible with the MBR designation as it supports cellular needs of the surrounding commercial and residential uses and the development of adequate cellular phone levels of services serves the ultimate benefit of the community. The proposed commercial telecommunication facility is on property owned by the Methodist Church of Palm Springs containing the main sanctuary and associated buildings, and an existing cell tower facility located at the rear of the parcel. The new monopole designed as a palm tree along with the planting of three (3) tall palm trees adjacent to the new structure will enhance the existing palm grove and will soften the visual impact. Therefore, 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. 3. 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 proposed height of the tower with an array center line of forty-five (45') feet is consistent with the existing monopalm and is within the required setbacks for the MBR zone which refers to the R-2 Zone. The tower will require an equipment yard Resolution No. 24186 Page 3 support facility of 315-square feet behind an eight (8') foot tall block wall. Therefore, the site for the intended use will accommodate the proposed facility. 4. 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. 5. 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, installation of three (3) palm trees to enhance an existing palm grove, and compliance with all Federal Aviation Administration requirements and the Federal Communications Commission among others among others. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: 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 construction and location of a new 45' tall monopole and a 315-square feet enclosure that does 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 traffic, noise, air quality, or water quality. SECTION 2. Conditional Use Permit. The City Council approves Conditional Use Permit application (Case 5.1387 CUP) with conditions as outlined in attached Exhibit "A." Resolution No. 24186 Page 4 ADOPTED THIS 1s' DAY OF MARCH, 2017. David H. Ready, Esq., Ph City Manager ATTEST: 1� Kathleen D. Hart, MMC Interim City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24186 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 15` day of March, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None l — . U� Kathleen D. Hart, MMC Interim City Clerk RESOLUTION NO. 24186 EXHIBIT A Case 5.1387 CUP 3.3963 MAJ Cortel Inc. (Verizon Wireless) on behalf of Methodist Church of Palm Springs 1555 East Alejo Road APN: 508-060-038 March 1, 2017 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. Project Description. This approval is for the project described per Case 5.1387 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 November 10, 2016, 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 Resolution No.24186 Exhibit A-COA Page 2 officers concerning Case 5.1387 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 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 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 10. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. Resolution No.24186 Exhibit A-COA Page 3 CONDITIONS IMPOSED BY CITY COUNCIL ADM 11. Planning Staff shall conduct an annual inspection to verify that the tower and required landscaping are properly maintained. ADM 12. The three palm trees shall vary in height upon installation in accordance with Condition PLN2(a). ADM 13. Submit a full final landscape plan to the AAC for review (including the Sprint tower). PLANNING DEPARTMENT CONDITIONS PLN 1. Signage. Signage is prohibited on the exterior of the monopole structure. PLN 2. Landscape. Prior to final inspection, the applicant shall install the following: a. Plant three (3) Washingtonian Filifera palm trees varying in height from twelve (12) to fifteen (15) feet tall adjacent to new cell tower. b. Plant several shrubs (like Bottle Brush or Hopseed) adjacent to children's playground providing shade and a visual buffer. PLN 3. Off-street Parking Areas and Access. Off-street parking shall be provided on the church parking lot with a five (5') foot wide non-exclusive access foot path leading to leased site for cell tower. PLN 4. 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 shall be submitted to the Planning Department for approval prior to the issuance of building permits. No lighting of hillsides is permitted. PLN 5. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 6. 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 Services for review and approval prior to installation. PLN 7. 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. Resolution No.24186 Exhibit A-COA Page 4 PLN 8. 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(1) of the Zoning Code. PLN 9. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be forty-five (45') feet, as measured from finished grade to the center line of the antenna array. PLN 10. 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 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). PLN 13. 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 / fronds if deemed necessary by the Director of Planning Services. PLN 17. Antenna shall be designed as a Washingtonian Filifera with palm fronds and tree trunk to mimic a real tree. Maintenance of the palm fronds is a condition of approval for the CUP. 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