HomeMy WebLinkAbout23864 RESOLUTION NO. 23864
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN
AMENDMENT TO AN EXISTING CONDITIONAL USE
PERMIT ELIMINATING IMPOSED TIME LIMITS,
APPROVING THE ADDITION OF THREE NEW PANEL
ANTENNAS, AND APPROVING A CEQA CATEGORICAL
EXEMPTION FOR AN EXISTING CELL TOWER
MONOPOLE AT 490 EAST SUNNY DUNES ROAD, ZONE
C-M (CASE NO. 5.0719 CUP).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Crown Castle representing T-Mobile Wireless, ("Applicant') has filed an
application with the City pursuant to Sections 92.15.03 and 93.23.08(C)(2)(c)(iii), of the
Palm Springs Zoning Code (PSZC) for the installation of three (3) new antennas located
on an existing fifty-five (55) foot tall monopole located at 490 East Sunny Dunes Road,
Zone C-M, Section 23.
B. On July 3, 1996, the City Council approved Conditional Use Permit 5.0719 CUP
granting approval of a new monopole at fifty-five (55) feet tall with three (3) antennas.
Condition of Approval Number 3 imposed a five (5) year time limit on the CUP approval
allowing for five (5) extensions of time for a period of five (5) years. The applicant
wishes to eliminate this previous condition allowing the CUP to continue until the use
ceases to exist.
C. On June 8, 2015, the Architectural Advisory Committee met and voted to
recommend approval of the project to the Planning Commission as submitted.
D. On June 24, 2015, the Planning Commission held a public hearing and voted to
recommend approval of the project to the City Council as submitted.
E. On September 2, 2015, a public hearing on the application for was held by the
City Council in accordance with applicable law. The City Council 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.
F. Pursuant to the California Environmental Quality Act (CEQA Guidelines, the
proposed project is Categorically Exempt under Section 15303(a) (New Construction or
Conversion of Small Structures).
G. Pursuant to Zoning Ordinance Section 94.02.00, Conditional Use Permit the City
Council finds.
Resolution No. 23864
Page 2
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 C-M zone with the
approval of a 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 Neighborhood Commercial
(NCC). The General Plan does not specifically regulate the installation and
operation of wireless communication facilities; however, the use as proposed is
compatible with this designation as it supports cellular needs of the surrounding
commercial and residential uses and the development of adequate cellular phone
levels of services for the benefit of the community.
There are no other telecommunication facilities located within the immediate area
of the proposed site. Further, the slim-line monopole is located within a lumber
yard surrounded by similar industrial and commercial uses. The monopole
equipment is contained within a 6 foot tall block wall and will not increase in size
with the addition of three (3) new antennas. 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.
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 height of the existing tower at fifty-five (55) feet is within the required setbacks
for the C-M zone. The use occupies only a small portion of the larger Builder
Supply lumber yard site behind an existing 6 foot tall block wall. Therefore, the
site for the intended addition of three (3) new antennas 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 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. 23864
Page 3
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.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
Based upon the foregoing, the City Council hereby approves Case No. 5.0719 — CUP
subject to the conditions of approval attached herein as Exhibit A.
ADOPTED THIS 2ND DAY OF SEPTEMBER, 2015.
l
David H. Ready, City er
ATTEST:
mes 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. 23864 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 2"d day of
September, 2015, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tern Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
nes Thompson, City Clerk C / q �zors
City of Palm Springs, California
RESOLUTION NO. 23864
EXHIBIT A
Case 5.0719 CUP
Crown Castle (T-Mobile Wireless)
490 East Sunny Dunes Road
APN: 508-132-053
September 2, 2015
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
5.0719 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 April 23, 2015, 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 5.0719 CUP. The City of Palm Springs will promptly
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Conditions of Approval Page 2 of 4
Cases 5.0719 September 2, 2015
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.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Signage. Signage is prohibited on the exterior of the monopole structure.
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Conditions of Approval Page 3 of 4
Cases 5.0719 September 2, 2015
PLN 2. Time Limit. Time Limit imposed as part of the original July 3, 1996 CUP
approval shall be eliminated with no restrictions or further review required if all
Conditions of Approval are maintained.
PLN 3. Previous CUP Approval. All Conditions of Approval associated with the
original July 3, 1996 CUP approval shall remain in effect except for Condition
#3 which has been eliminated.
PLN 4. New Equipment. This CUP approves the placement of three (3) new
antennas eight (8) feet long mounted four (4) feet underneath the existing
antennas flush mounted.
PLN 5. 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 6. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 7. Outdoor Display of Merchandise. Unless specifically permitted by Land Use
Permit, all driveways and parking areas shall remain clear of merchandise
display at all times. Violations to this condition may result in fines, CUP
revocation proceedings or other actions as deemed appropriate by the City.
PLN 8. 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 9. 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.
PLN 10. 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 11. Antenna Structure Height. The maximum height of the commercial
communications antenna structure shall not be altered from existing fifty-five
(55) feet, as measured from finished grade to the highest point of the
structure.
PLN 12. Valid Lease Agreement Required. If the lease agreement between the
property owner and the applicant expires and is not renewed, the CUP will
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Conditions of Approval Page 4 of 4
Cases 5.0719 September 2, 2015
become null and void, and the applicant shall remove the antenna and
equipment to the satisfaction of the Director of Planning Services.
PLN 13, 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 14. FAA & FCC Compliance. The applicant shall comply with the requirements of
the Federal Aviation Administration (FAA) and Federal Communications
Commission (FCC).
PLN 15. 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 16. 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 17. Antenna shall remain as a monopole with equipment flush mounted to pole.
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