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HomeMy WebLinkAbout23818 RESOLUTION NO. 23818 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CASE 5.1315 CUP TO CONSTRUCT A FIFTY-FIVE FOOT TALL MONOPOLE WITH ASSOCIATED EQUIPMENT SHELTER, AND CASE 6.531 A VARIANCE TO EXCEED THE MAXIMUM ANTENNA HEIGHT PERMITTED, LOCATED AT A DESERT WATER AGENCY SITE ON SAN JOAQUIN DRIVE, ZONE M-1-P SECTION 18. WHEREAS, Spectrum Services for Verizon Wireless ("Applicant") has filed an application on behalf of the Desert Water Agency ("Property Owner' or "Owner') 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 telecommunications facility, including fifty foot high commercial communications monopole, an equipment enclosure and block wall located at a Desert Water Agency Site on San Joaquin Drive, APN: 677-270-036, M-1-P Zone, Section 18; 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. 5.1315 and Variance Case No. 6.531 was given in accordance with applicable law; and WHEREAS, on May 13, 2015, a public hearing on the application for Conditional Use Permit Case No. 5.1315 and Variance Case No. 6.531 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 13, 2015, the Planning Commission recommended conditional approval of Conditional Use Permit Case No. 5.1315 and Variance Case No. 6.531 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. 5.1315 and Variance Case No. 6.531 was given in accordance with applicable law; and WHEREAS, on May 20, 2015, a public hearing on the application for Conditional Use Permit Case No. 5.1315 and Variance Case No. 6.531 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed project 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 Resolution No. 23818 Page 2 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. 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 and Variance are 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. Variance: 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 site has parcels in the vicinity that contain buildings and landscaping which inhibit cellular frequency at a height of fifteen feet. The applicant has provided a radio frequency map for all Verizon cell towers in the City which displays a gap in service in the area around Gene Autry Trail and the Airport. An additional map shows coverage after the 55 foot tower is in place greatly improving overall service to the immediate area and the greater network. 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, and compliance with Federal Aviation Administration (FAA) requirements. There are additional conditions that are proposed as recommended by the AAC to mitigate visual impacts. 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. Resolution No. 23818 Page 3 3) The granting of the variance will not be materially detrimental to the public 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 93.23.08(D) 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 coverage maps sufficient to determine that an increase in height to 55 feet will 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, forty-five feet, and fifty-five feet. The documentation shows that the maximum height of fifteen feet does not appear to achieve and maintain satisfactory coverage within the specified height limitations. SECTION 3. Conditional Use Permit: The City Council must make certain findings in order to approve this Conditional Use Permit pursuant to Section 94.02.00 of the Palm Springs Zoning Code: 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 M-1-P 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. Resolution No. 23818 Page 4 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 commercial and residential uses and the development of adequate cellular phone levels of services serves the ultimate benefit of the community. There are no other telecommunication facilities located within the City limits in the immediate area of the proposed site. Further, the planting of two tall palm trees in the landscape area between San Joaquin Drive and the DWA site 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. 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 proposed height of the tower is within the required setbacks for the M-1-P zone. The use will occupy only a small portion of the parcel located within an existing Desert Water Agency site behind an eight (8) foot tall block wall. 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 cant' 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, installation of two palm trees to provide screening, removal of antenna upon use-change or abandonment of the subject property and compliance with all Federal Airport Administration requirements among others. Resolution No. 23818 Page 5 NOW, THEREFORE BE IT RESOLVED that the City Council approves Conditional Use Permit Case No. 5.1315 and Variance Case No. 6.531, to install and operate telecommunications monopole and related equipment at a Desert Water Agency Site on San Joaquin Drive, subject to those conditions set forth in Exhibit A. ADOPTED THIS 20TH DAY OF MAY, 2015. David H. Ready, Ci er ATTEST: ames 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. 23818 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 20th day of May, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, and Mayor Pougnet. NOES: Mayor Pro Tern Lewin. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California CW / iS� ZO f-S RESOLUTION NO. 23818 EXHIBIT A Case 5.1315 CUP and Case 6.531 VAR Spectrum Services (Verizon Wireless) on behalf of Desert Water Agency San Joaquin Drive APN: 677-270-036 May 20, 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 5.1315 CUP and Case 6.531 VAR, 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 13, 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 Resolution No.23818 Conditions of Approval Page 2 of 6 Cases 5.1315 CUP&6.531 VAR May 20, 2015 Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1315 CUP and Case 6.531 VAR. 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 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 Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. Resolution No.23818 Conditions of Approval Page 3 of 6 Cases 5.1315 CUP&6.531 VAR May 20, 2015 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 plant three — 25 foot tall palm trees located in the landscape area between the Desert Water Agency site and San Joaquin Drive to provide screening the Dream Homes neighborhood. The species shall be a Washingtonian Robusta Palm. The location of the palm trees is reflected on approved site plan. PLN 3. Equipement Shelter. Block wall surrounding equipment shelter to be eight (8) feet tall constructed of concrete block to match perimeter Escena Development block wall. PLN 4. Off-street Parking Areas. Off-street parking areas shall be located within the Desert Water Agency site. 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. Antenna shall be a monoplam design with twelve (12) antenna panels that are six by one feet in size installed at top of structure with Resolution No.23818 Conditions of Approval Page 4 of 6 Cases 5.1315 CUP&6.531 VAR May 20,2015 a four foot parabolic antenna mounted below. The monopalm to utilize the maximum amount to palm fronds to provide a full tree canopy. This condition must be maintained throughout for the duration of this CUP approval. PLN 12. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be fifty-five (55) feet, as measured from finished grade to the highest point of the structure. PLN 13. 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 14. 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 15. FAA & FCC Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). PLN 16. 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 17. Co-location. When feasible, 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. RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION CONDITIONS (ALUC) ALUC 1. Any new outdoor lighting that is installed shall be hooded or shielded so as to prevent either spillage of lumens or reflection into the sky ALUC 2. The following uses shall be prohibited: a. Any use which would direct a steady light or flashing light red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. Resolution No. 23818 Conditions of Approval Page 5 of 6 Cases 5.1315 CUP&6.531 VAR May 20,2015 b. Any use which causes sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. c. Any use which generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area, including but not limited to, composting operations, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris facilities, landscaping utilizing water features, aquaculture, production of cereal grains, sunflower, and row crops, artificial marshes, incinerators, and fly ash disposal. d. Any use which would generate electrical interference that may be detrimental to the operation of aircraft and or aircraft instrumentation. ALUC 3. The attached notice shall be provided to all potential purchasers of the property and tenants of any habitable buildings thereon. ALUC 4. The Federal Aviation Administration has conducted an aeronautical study of the proposed structure (Aeronautical Study No. 2013-AWP-7124-OE) and has determined that neither marking nor lighting of the structure is necessary for aviation safety. However, if marking and / or lighting for aviation safety are accomplished on a voluntary basis, such marking and / or lighting (if any) shall be installed in accordance with FAA Advisory Circular 70/7460-1 K Change 2 and shall be maintained in accordance therewith for the life of the project. ALUC 5. The maximum height of the proposed structure shall not exceed 60 feet above ground level, and the maximum elevation of the proposed structure, including all towers and antennas, shall not exceed 464 feet above mean sea level. ALUC 6. The specific coordinates, height, top point elevation of the proposed structure, frequencies, and power shall not be amended without further review by the Airport Land Use Commission and the Federal Aviation Administration; provided, however, that reduction in building height or elevation shall not require further review by the Airport Land Use Commission. ALUC 7. Temporary construction equipment used during actual construction of the structure shall not exceed the height of the structure, unless separate notice is provided to the Federal Aviation Administration through the Form 7460-1 process. ALCU 8. Within five (5) days after construction of the structure reaches its greatest height, FAA Form 7460-2 (Part ll), Notice of Actual Construction of Alteration, shall be completed by the project proponent or his/her designee and a-filed with the Federal Aviation Administration. (Go to hftas://oeaaa.faa.gov for Resolution No.23818 Conditions of Approval Page 6 of 6 Cases 5.1315 CUP&6.531 VAR May 20, 2015 information) This requirement is also applicable in the event the project is abandoned. 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