Loading...
HomeMy WebLinkAbout5/20/2015 - STAFF REPORTS - 1.C. � Qp PLIN SA9 iy c V N 4[IF RO CITY COUNCIL STAFF REPORT DATE: MAY 20, 2015 PUBLIC HEARING SUBJECT: SPECTRUM SERVICES (VERIZON WIRELESS) FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A FIFTY-FIVE FOOT TALL MONOPALM WITH ASSOCIATED EQUIPMENT SHELTER; A CEQA DETERMINATION OF CATEGORICAL EXEMPTION AS "NEW CONSTRUCTION OF SMALL STRUCTURES'; AND A VARIANCE REQUEST TO EXCEED THE MAXIMUM ANTENNA HEIGHT PERMITTED AT A DESERT WATER AGENCY SITE ON SAN JOAQUIN DRIVE, ZONE M-1-P (CASE NOS. 5.1315 CUP & 6.531 VAR). CASE: 5.1315 CUP & VAR 6.531 FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council to consider a request by Verizon Wireless for a Conditional Use Permit to install a fifty-five (55) foot high wireless communication monopalm and a Variance application to exceed the maximum antenna height of forty (40) feet above the permitted fifteen (15) feet located at a Desert Water Agency site on San Joaquin Drive. The request includes a 900-square foot equipment enclosure with an eight foot tall block wall surrounding the facility. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT CASE 5.1315 CUP TO CONSTRUCT A FIFTY-FIVE FOOT TALL MONOPALM AND ASSOCIATED EQUIPMENT SHELTER; AND CASE 6.531 A VARIANCE REQUEST TO EXCEED THE MAXIMUM ANTENNA HEIGHT PERMITED LOCATED AT A DESERT WATER AGENCY SITE ON SAN JOAQUIN DRIVE, ZONE M-1-P SECTION 18. ITEM NO. C City Council Staff Report May 20, 2015-- Page 2 Cases 5.1315; VAR 6.531 —San Joaquin Drive ISSUES: • Previous project as recommend by the Planning Commission was reviewed by the City Council on February 18, 2015 and voted 2-3 to deny the project as designed giving direction to the applicant as follows: 1. Change structure to a "monopalm" design 2. Equipment shelter block wall material to match existing Escena development 3. Eliminate proposed 5 palm trees planted in a row on the Escena property as shown on landscape plan • Revised application as a "monopalm" raises tower height to fifty-five (55) feet • Increased height requires re-noticing and public hearing by Planning Commission and City Council • Planning Commission at their April, 22, 2015 meeting directed the applicant to meet with a sub-committee to discuss the planting of additional trees along San Joaquin Drive. • Planning Commission met on May 13, 2015 and recommended approval with one condition that 3 Mexican Fan Palms be planted in landscape area along San Joaquin Drive. BACKGROUND: Ownership- 4/24/2008 1 Desert Water Agency Nei hborhood Meetin None Not Required — Staff has contacted the City of Cathedral City to alert the Dream Homes neighborhood. Plannfn .Areas Design Plan None Airport Overlay Yes Zone D of Airport Influence Area, Riverside County Airport Land Use Compatibility Plan Indian Land None Site Posting 1113/14 "Project Under Consideration" sin posted on site. FieldCheck: May 2015 Staff visited the site to observe existing conditions. Related Relevant Oi`" Actions b Mannin Fire Bulldin , etc....=� 2/24/2014 The AAC recommended conditional approval: • Cluster palm trees to provide visual buffer. • Plant 5 Washingtonian Robusta, 25' tall inside DWA well site perimeter City Council Staff Report May 20, 2015 — Page 3 Cases 5,1315; VAR 6.531 —San Joaquin Drive wall. • Use largest fronds available on tower. 3/12/2014 Planning Commission reviews application and votes to Table. 11/12/2014 Planning Commission conducts Study Session to discuss cell towers. 1/14/2015 Planning Commission holds public hearing, approves monopole design at 50 feet and recommends approval to City Council. 2/18/2015 City Council conducts public hearing and voted 2-3 to deny the project as designed giving direction to the applicant as follows: • Change structure to a "monopalm" design • Equipment shelter block wall material to match existing Escena development • Eliminate proposed 5 palm trees planted in a row on the Escena property as shown on landscape plan 4/11/2015 Planning Commission votes to continue public hearing to a date certain of May 13, 2015; and direct applicant to meet with sub-committee to address planting trees along San Joaquin Drive. 4/30/2015 Planning Commissioner Middleton meets the representative from Verizon to discuss the project and recommend planting several fan palms interspersed between existing trees along San Joaquin Drive. 5/13/2015 Planning Commission conducts public hearing and votes 7-0 to recommend approval to the City Council. Nei hborhood NotiricatIbIV7 _ None Staff has contacted the City of Cathedral City Planning Department to discuss proposed cell tower and its potential impact on the Dream Homes Neighborhood. No Palm Springs neighborhood organization within '/z mile. Sito,Area = Net Area I 25,268-s uare feet -ii Monopole Location 03 City Council Staff Report May 20, 2015 -- Page 4 Cases 5.1315; VAR 6.531 —San Joaquin Drive CHANGES TO APPLICATION PER CITY COUNCIL DIRECTION At the City Council meeting of February 18, 2015, the proposed project as a 50 foot tall monopole was rejected and direction was given to Verizon Wireless to resubmit a revised application with the cell tower designed as a monopalm. Changes have been made to the project to include a tower designed as a palm tree. This change forces the structure to increase in height by 5 feet to a maximum of 55 feet. In addition, City Council questioned the placement of 5 palm trees to be planted in a row on the Escena Golf Course. The increase in tower height to 55 feet requires a new public hearing before the Planning Commission and City Council. The Commission at their April, 11, 2015 meeting voted to continue the public hearing to May 13, 2015 with the direction that the applicant meet with a sub-committee to discuss the monopalm design and planting of trees along San Joaquin Drive. Commissioner Middleton met with the applicant to discuss the planting of several fan palms interspersed between existing trees along San Joaquin Drive. In addition to the revised tower design to a monopalm, the applicant is proposing to plant two Mexican Fan Palms with a minimum height of 25 feet to fill in a gap in vegetation along San Joaquin Drive. Currently there are 4 mature Palo Verde trees planted in the landscape buffer area between the street and DWA site. This area is within the City right-of-way and is maintained by the Escena Golf Course maintenance crew. PROJECT DESCRIPTION: The subject property owned by the Desert Water Agency (DWA) is approximately 25,268-square feet in size located at the City boundary to Cathedral City along San Joaquin Drive. The site contains limited mechanical apparatus used by DWA to monitor/measure underground wells. Verizon proposes to lease 900-square feet located in the northwest corner of the triangular parcel. New construction will include a 55-foot monopole designed as a palm tree; a 194-square foot equipment shelter; and an inner eight (8) foot tall block containment wall. No other telecommunication facility is present on the site. The proposed wireless telecommunications facility will consist of a 194-square foot equipment shelter and a 55 foot tall monopole designed as a palm tree. Twelve (12) antenna panels that are six by one feet in size will be installed at the top of the structure. A four foot parabolic antenna will be mounted below the panel antennas. The monopalm to be painted "Desert Tan" and equipment enclosure is proposed to be surrounded by an eight foot high block wall. The area between the DWA site perimeter wall and the street is currently landscaped and maintained by the Escena Community. The location of the proposed cell tower is within Zone "D" of the Airport influence area as shown on the Riverside County Airport Land Use Compatibility Map. This document 04 City Council Staff Report May 20, 2015-- Page 5 Cases 5.1315; VAR 6.531 —San Joaquin Drive is administered by the Riverside County Airport Land Use Commission (ALUC). In their letter dated, February 5, 2014, ALUC states: "Given the site's proximity to the runway (approximately 2,050 feet), the applicant filed Form 7460-1 with the Federal Aviation Administration Obstructive Evaluation Service and obtained a Determination of No Hazard to Air Navigation, therefore ALUC finds the project Consistent with the 2005 Palm Springs International Airport Land Use Compatibility Plan subject to conditions as listed" The compatibility letter lists eight conditions which have been included in the project's Conditions of Approval. The location of the proposed communication pole is 117 feet from the nearest residential property line along San Joaquin Drive. This street is the dividing line between Palm Springs and the City of Cathedral City. The PSZC development standards for the M-1-P zone require a minimum setback of 100 feet from the cell tower to a residential property. i` i1� �Hr S et I — Location of 3 cluster palm trees PLANNING COMMISSION REVIEW The Planning Commission first reviewed this project on March 12, 2014 and voted to Table based upon the following items: City Council Staff Report May 20, 2015 --Page 6 Cases 5.1315; VAR 6.531 —San Joaquin Drive • Broader discussion on evaluating cell tower heights. • Siting of tower adjacent to the Dream Homes neighborhood. • Expert opinion sought through a Planning Commission work session. • Planting of large trees to represent a palm grove. In response to the Planning Commission's concerns, Staff organized a Study Session on evaluating cell tower CUP applications which took place on November 12, 2014. At this meeting, the Commission received testimony from Dennis Hurvitz, PE, of Desert Engineers providing a discussion of cell tower technology and coverage analysis (see attached minutes). Staff notes that direction from this work session is on-going and will continue into the New Year. The Planning Commission conducted a second public hearing on January 14, 2015 and reviewed a revised project. Staff worked with the applicant to re-evaluate several elements of the original project. Previously the tower was disguised as a Date Palm with a height of sixty (60) feet. The revised application has lowered the tower to fifty (50) feet in a monopole design. The elimination of the fake palm tree could allow co- location with other telecommunication carries thus reducing the overall number of towers in the City. In addition, an overall coverage map of all Verizon towers in the City has been submitted. From viewing this coverage map an underserved area is clearly visible in the area around Gene Autry Trail and the Airport. Staff also prepared several maps showing the location of all permitted cell towers within the City. Staff contacted the Planning Office in Cathedral City alerting them of the pending application in the hopes of reaching a neighborhood organization in the Dream Homes area. As of the writing of this report, formal contact has not been made; however the subject site has been posted for 11 months and public hearing notices have been sent to all property owners within 500 feet. At the Planning Commission hearing, testimony was received from the applicant; coverage maps for Verizon service area were reviewed; with a final vote of 5-1-1 taken to approve the CUP and Variance request and recommend approval to the City Council. The Planning Commission continued the April 11 , 2015 scheduled public hearing requesting an increase in tower height to 55 feet designed as a palm tree with direction to meet with a sub-committee focusing on additional plantings along San Joaquin Drive. On May 13, 2015 the Planning Commission conducted a public hearing and voted 7-0 to recommend approval of a 55 foot tall monopalm with the planting of three fan palm trees of at least 25 feet tall along San Joaquin Drive. 06 City Council Staff Report May 20, 2015 -- Page 7 Cases 5.1315; VAR 6.531 —San Joaquin Drive ANALYSIS: Surrounding tExisting General Plan Existing Zoning Designation Existing Land Use Property Designations Subject Site Industrial M-1-P (Light Industrial) Desert Water Agency Well Site South Industrial M-1-P (Light Industrial) Palm Springs Unified School District Operation East Cathedral City Cathedral City/ Residential Single-Family Residential West I Industrial M-1-P (Light Industrial Vacant North Open Space Open Space Escena Golf Course Plan Designations, Zones and Land Uses: 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, staff has determined that the use as proposed is compatible with this designation as it supports cellular needs of the surrounding commercial and residential uses. The zoning designation is M-1-P (Planned Research and Development), and the use is permitted with the approval of a Conditional Use Permit, pursuant to Section 93.08.00 and 94.02.00 of the Palm Springs Zoning Code (PSZC). The table below displays the PSZC's development standards and the proposed project's development proposal: Zoning Zone Proposed Use Permitted? M-1-P (Planned Research Monopole / Yes, proposed use allowed pursuant to and Development) Commercial Section 94.02.00(A)(2)(f) of Zoning Code. Communication Antennas Development Standards: Proposed Requirement Compliance Height 55 feet 15 feet above ground, No, variance unless variance is being approved requested Setback East (front property line) 100 feet 100 feet to residential Yes property South side property line 119 feet No Requirement Yes North side property line 20 feet No Requirement Yes Rear east property line 40 feet No Requirement Yes Above development standards may be found in Sections 9323.08 and 92.16.03(D)of the Zoning Code. 07 City Council Staff Report May 20, 2015-- Page 8 Cases 5.1315; VAR 6.531 — San Joaquin Drive Antenna Height: Pursuant to Section 93.23.03(C)(2)(c)(ii) of the PSZC, the height and placement limitations of communication antennas within Commercial and Professional Zones is required to comply with the provisions governing broadcast receiving antennas or Section 93.23.03(C)(1)(c)(ii) of the PSZC; according to this Section, "if the antenna is not mounted on the building, no part of the antenna structure shall extend to a height of more than fifteen (15) feet above the ground level nor shall it be located within any required yard." The top of the monopalm structure is proposed at fifty-five (55) feet above the existing ground level. The applicant has submitted a variance application to allow the antenna at its proposed height and provided a radio frequency map for all existing Verizon towers in the City. This map shows a gap in service in the general area of Gene Autry Trail and the Airport. Findings in support are found below. REQUIRED FINDINGS: Variance: State law requires four (4) findings be made for the granting of a variance. Staff has analyzed the findings in order below: 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. City Council Staff Report May 20, 2015-- Page 9 Cases 5.1315; VAR 6.531 —San Joaquin Drive 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 monopalm 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. 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; those findings are analyzed by staff below: 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. 09 City Council Staff Report May 20, 2015-- Page 10 Cases 5.1315; VAR 6.531 —San Joaquin Drive 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 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 includingyards, setbacks walls or fences landscaping and other features Y p 9 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 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, installation of two palm trees to provide screening, removal of antenna upon use-change or abandonment of the subject 10 City Council Staff Report May 20, 2015-- Page 11 Cases 5.1315; VAR 6.531 —San Joaquin Drive property and compliance with all Federal Airport Administration requirements among others. ENVIRONMENTAL DETERMINATION: Section 21084 of the California Public Resources Code requires Guidelines for Implementation of the California Environmental Quality Act ("CEQA"). The Guidelines are required to include a list of classes of projects which have been determined not to have a significant effect on the environment and which are exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources identified classes of projects that do not have a significant effect on the environment, and are declared to be categorically exempt from the requirement for the preparation of environmental documents. In accordance with Section 15303 "New Construction of Small Structures," Class 3 projects consists of structures not involving the use of significant amounts of hazardous substances, and not exceeding 2,500-square feet in floor area. In urbanized areas the exemption also applies to up to four commercial buildings not exceeding 10,000-square feet of floor area in sites zoned for such use if not involving significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. Therefore, in accordance with Section 15303(c), staff has determined that Case 5.1513 CUP for the construction of a 55 foot tall monopalm for Verizon Wireless is considered categorically exempt from CEQA and a Notice of Exemption has been prepared and filed with the Riverside County Clerk. A copy of the Notice of Exemption is included. Flinn Fagg, AICIP Marcus L. Fuller, MPA, PE, PLS Director of Planning Services Assistant City Manager/City Engineer David H. Ready, City Manager Attachments: 1. Vicinity Map 2, Draft Resolution with Conditions of Approval 3. Planning Commission Staff Report, May 13, 2015 4. Planning Commission Resolution 5. Notes from the May 13, 2015 Planning Commission Meeting 6. Minutes of the April 22, 2015 Planning Commission Meeting 7. Minutes of the February 18, 2015 City Council Meeting 8. Reduced Plans 11 City Council Staff Report May 20, 2015 -- Page 12 Cases 5.1315; VAR 6.531 —San Joaquin Drive 9. Coverage Maps 10.Planning Department Maps showing location of all cell towers in City 11.Photo Simulations 12.CEQA Notice of Exemption 12 N w OFpPLM dgp'y Department of Planning Services w ,...,,, Vicinity Map C,<IFO0.a�P r i 1 _ ' - SAN MA7E0 DR r - r y t r 0 _ --- 7 C7 i r' i Len t - , CITY OF PALM SPRINGS 13 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, CASE NO. 5.1315, TO CONSTRUCT A FIFTY-FIVE FOOT TALL MONOPOLE WITH ASSOCIATED EQUIPMENT SHELTER; CEQA DETERMINATION OF CATEGORICAL EXEMPTION AS "NEW CONSTRUCTION OF SMALL STRUCTURES"; AND VARIANCE, CASE NO. 6.531, TO EXCEED MAXIMUM ANTENNA HEIGHT PERMITTED AT A DESERT WATER AGENCY SITE ON SAN JOAQUIN DRIVE. 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 14 City Council Resolution No. 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. 15 City Council Resolution No. 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 monopalm 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 verihed 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)(0 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. City Council Resolution No. Page 4 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 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 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, installation of two palm trees to provide 17 City Council Resolution No. Page 5 screening, 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. 5.1315 and Variance Case No. 6.531, to install and operate telecommunications monopalm 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, City Manager ATTEST: James Thompson, City Clerk - 18 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. 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 by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California RESOLUTION NO. 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 20 Resolution No. Draft 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 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. 21 Resolution No. Draft 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. Eguipement 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 22 Resolution No. Draft 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. 23 Resolution No. Draft 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 II), 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 https://oeaaa.faa.aov for 24 Resolution No. Draft 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 25 F?NLM Sp4 iy c V N s W Cq<IFOfQN�P PLANNING COMMISSION STAFF REPORT DATE: MAY 13, 2015 SUBJECT: SPECTRUM SERVICES (VERIZON WIRELESS) FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A FIFTY-FIVE (55) FOOT TALL MONOPOLE STRUCTURE (DESIGNED AS A PALM TREE) WITH ASSOCIATED EQUIPMENT SHELTER AND A VARIANCE REQUEST TO EXCEED THE MAXIMUM ANTENNA HEIGHT PERMITTED AT A DESERT WATER AGENCY SITE ON SAN JOAQUIN DRIVE, ZONE M-1- P (CASE NOS. 5.1315 CUP & 6.531 VAR). FROM: Department of Planning Services SUMMARY The Planning Commission to consider a revised application by Verizon Wireless for a Conditional Use Permit to install a fifty-five (55) foot high wireless communication tower designed like a palm tree and a Variance application to exceed the maximum antenna height of forty (40) feet above the permitted fifteen (15) feet located at a Desert Water Agency site on San Joaquin Drive. The request includes a 900-square foot equipment enclosure with an eight foot tall block wall surrounding the facility. RECOMMENDATION: Recommend approval of the Conditional Use Permit and Variance request to the City Council, subject to Conditions of Approval. Revised site / landscape plan to be presented at meeting. ISSUES: • Previous project as recommend by the Planning Commission was reviewed by the City Council on February 18, 2014 and voted 2-3 to deny the project as designed giving direction to the applicant as follows: 1. Change structure to a "monopalm" design 2. Equipment shelter block wall material to match existing Escena development 3. Eliminate proposed 5 palm trees planted in a row on the Escena . property as shown on landscape plan • Revised application as a "monopalm" raises tower height to fifty-five (55) feet • Increased height requires re-noticing and public hearing by Planning Commission 26 Planning Commission Staff Report May 13, 2015--Page 2 Case Nos. 5.1315 CUP & 6.531 VAR—Verizon— San Joaquin Drive • Planning Commission at their April, 22, 2015 meeting directed the applicant to meet with a sub-committee to discuss the planting of additional trees along San Joaquin Drive BACKGROUND AND SETTING: Ownership 4/24/2008 1 Desert Water Agency Neighborhood Meeting None I Not Required Planning Areas Design Plan None Airport Overlay Yes Zone D of Airport Influence Area, Riverside County Airport Land Use Compatibility Plan Indian Land None Site Posting 1/13/14 "Project Under Consideration" sign posted on site. Field Check April 2015 Staff visited the site to observe existing conditions. Related Relevant City Actions by Planning, Fire, Building, etc... 2/24/2014 AAC reviewed as a monopalm and recommended conditional approval: • Cluster palm trees to provide visual buffer. • Plant 5 Washingtonian Robusta, 25' tall inside DWA well site perimeter wall. . Use largest fronds available on tower. 3/12/2014 Planning Commission reviews application and votes to Table. 11/12/2014 Planning Commission conducts Study Session to discuss cell towers. 1/14/2015 Planning Commission adopts Resolution #6461 granting approval of a 50' tall monopole structure and Variance request; and recommending approval to the City Council 2/18/ 0015 City Council reviewed the proposal and votes 2-3 to deny the project as designed giving direction of the applicant as follows: 1. Change structure to a "monopalm" design 2. Equipment shelter block wall material to match existing Escena development 3. Eliminate proposed 5 palm trees in a line planted on Escena property as shown on landscape plan 27 Planning Commission Staff Report May 13, 2015 -- Page 3 Case Nos. 5.1315 CUP&6.531 VAR—Verizon—San Joaquin Drive 4/11/2015 Planning Commission votes to continue public hearing to a date certain of May 13, 2015; and direct applicant to meet with sub-committee to address planting trees along San Joaquin Drive. 4130/15 Planning Commissioner Middleton met with applicant to discuss planting of three Mexican Fan Palms interspersed between existing trees along San Joaquin Drive. Site Area Net Area 25,268-square feet A� - •'"' , dew y ` ` ,.rq 4.✓z�?a Monopole Location PLANNING COMMISSION AND CITY COUNCIL PAST REVIEWS The Planning Commission reviewed a proposal at their January 14, 2015 meeting requesting a Conditional Use Permit and Variance request for the construction of a fifty (50) foot tall monopole structure. The Commission voted 5-1-1 to approve the project as a monopole to encourage colocation and recommend approval to the City Council. The City Council reviewed the project at their February 18, 2015 meeting and voted 2-3 to deny the project and give direction to the applicant as follows: 1. Change structure to a "monopalm" design. 2. Equipment shelters block wall material to match existing Escena development. 3. Eliminate proposed 5 palm trees planted in a line on Escena property as shown on landscape plan. 28 Planning Commission Staff Report May 13, 2015--Page 4 Case Nos. 5.1315 CUP &6.531 VAR—Verizon— San Joaquin Drive The minutes of the City Council meeting include a discussion of a monopalm design versus a monopole; the location of the proposed five (5) palm trees on the Escena Golf Club property planted in a line and if they provide screening; and the equipment enclosure block wall material to match the Escena perimeter wall. The Planning Commission at their April 22, 2015 meeting vote to continue a public hearing to a date certain of May 13, 2015. At this meeting the Commission directed the applicant to meet with a sub-committee consisting to Members Middleton and Roberts to discuss the option of providing screening for the Dream Homes neighborhood to the East. Commissioner Middleton met with the applicant on Thursday, April 30, 2015 and reached a consensus with Verizon agreeing to remove proposed trees from the Escena Golf Course and the planting of three Mexican Fan Palms in the landscaped area adjacent to San Joaquin Drive. The trees are to be 25-30 foot tall interspersed with existing mature shade trees providing additional screening of the proposed tower. Staff has worked with the applicant to revise the drawings to include a tower designed as a monopalm which raises the structure height to fifty-five (55) feet. In addition, three fan palms 25-30 feet tall to be planted in the landscaped area adjacent to street. Due to the long lead time required by the applicant to prepare revised drawings, final landscape plans will be presented at the Planning Commission meeting. Staff believes that applicant has been given clear direction and is comfortable with the project moving to public hearing. AAFJ d � 4 Y i Location of 3 new palm trees 29 Planning Commission Staff Report May 13, 2015 -- Page 5 Case Nos. 5.1315 CUP &6.531 VAR-Verizon-San Joaquin Drive PROJECT DESCRIPTION: The subject property owned by the Desert Water Agency (DWA) is approximately 25,268-square feet in size located at the City boundary to Cathedral City along San Joaquin Drive. The site contains limited mechanical apparatus used by DWA to monitor/measure underground wells. Verizon proposes to lease 900-square feet located in the northwest corner of the triangular parcel. New construction will include a 55-foot monopole designed as a palm tree; a 194-square foot equipment shelter; and an inner eight (8) foot tall block containment wall. No other telecommunication facility is present on the site; however the use of a monopole could allow co-location by other telecommunication carriers. The proposed wireless telecommunications facility will consist of a 194-square foot equipment shelter and a 55 foot tall monopole designed as a palm tree. Twelve (12) antenna panels that are six by one feet in size will be installed at the top of the structure. A four foot parabolic antenna will be mounted below the panel antennas. The monopole to be painted "Desert Tan" and equipment enclosure is proposed to be surrounded by an eight foot high block wall. The area between the DWA site perimeter wall and the street is currently landscaped and maintained by the Escena Community. The location of the proposed cell tower is within Zone "D" of the Airport influence area as shown on the Riverside County Airport Land Use Compatibility Map. This document is administered by the Riverside County Airport Land Use Commission (ALUC). In their letter dated, February 5, 2014, ALUC states: "Given the site's proximity to the runway (approximately 2,050 feet), the applicant filed Form 7460-1 with the Federal Aviation Administration Obstructive Evaluation Service and obtained a Determination of No Hazard to Air Navigation, therefore ALUC finds the project Consistent with the 2005 Palm Springs International Airport Land Use Compatibility Plan subject to conditions as listed" The compatibility letter lists eight conditions which have been included n the projects Conditions of Approval. The location of the proposed communication pole is 117 feet away from the nearest residential property line along San Joaquin Drive. This street is the dividing line between Palm Springs and the City of Cathedral City. The PSZC development standards for the M-1-P zone require a minimum set back of 100 feet from the cell tower to a residential property. ANALYSIS: Surrounding Existing General Plan Existing Zoning Designation Existing Land Use Property Desi nations Subject Site Industrial M-1-P (Light Industrial Desert Water A enc 30 Planning Commission Staff Report May 13, 2015-- Page 6 Case Nos, 5.1315 CUP &6.531 VAR-Verizon-San Joaquin Drive Well Site South Industrial M-1-P (Light Industrial) Palm Springs Unified School District Operation East Cathedral City Cathedral City/ Residential Single-Family Residential West Industrial M-1-P (Light Industrial Vacant North Open Space Open Space Escena Golf Course Plan Designations, Zones and Land Uses: 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, staff has determined that the use as oroposed is compatible with this designation as it supports cellular needs of the surrounding commercial and residential uses. The zoning designation is M-1-P (Planned Research and Development), and the use is permitted with the approval of a Conditional Use Permit, pursuant to Section 93.23.08 and 94.02.00 of the Palm Springs Zoning Code (PSZC). The table below displays the PSZC's development standards and the proposed project's development proposal: Zoning Zone Proposed Use Permitted? M-1-P (Planned Research Monopole / Yes, proposed use allowed pursuant to and Development) Commercial Section 94.02.00(A)(2)(f) of Zoning Code. Communication Antennas Development Standards Proposed Requirement Compliance Height 50 feet 15 feet above ground, No, variance unless variance is being approved requested Setback _ East (front property line) 100 feet 100 feet to residential Yes property South (side property line) 119 feet No Requirement Yes North (side property line) 20 feet No Requirement Yes Rear east property line) 40 feet No Requirement Yes Above development standards may be found in Sections 93.23.08 and 92.16.03(D)of the Zoning Code Antenna Height: Pursuant to Section 93.23.08(C)(2)(c)(ii) of the PSZC, the height and placement limitations of communication antennas within Commercial and Professional Zones is required to comply with the provisions governing broadcast receiving antennas or Section 93.23.08(C)(1)(c)(ii) of the PSZC; according to this Section, "if the antenna is not mounted on the building, no part of the antenna structure shall extend to a height of more than fifteen (15) feet above the ground level nor shall it be located within any 31 Planning Commission Staff Report May 13, 2015-- Page 7 Case Nos. 5.1315 CUP & 6.531 VAR— Verizon— San Joaquin Drive required yard." The top of the monopalm structure is proposed at fifty-five (55) feet above the existing ground level. The applicant has submitted a variance application to allow the antenna at its proposed height and provided a radio frequency map for all existing Verizon towers in the City. This map shows a gap in service in the general area of Gene Autry Trail and the Airport. Findings in support are found below. REQUIRED FINDINGS: Variance: State law requires four (4) findings be made for the granting of a variance. Staff has analyzed the findings in order below: 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. 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 monopalm will be structurally engineered in accordance with all applicable codes for the proposed height and location. Therefore, the project is unlikely to be 32 Planning Commission Staff Report May 13, 2015-- Page 8 Case Nos. 5.1315 CUP & 6.531 VAR—Verizon— San Joaquin Drive 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. Conditional Use Permit: The Planning Commission must make certain findings in order to approve this Conditional Use Permit pursuant to Section 94.02.00 of the Palm Springs Zoning Code; those findings are analyzed by staff below: 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. The General Plan designation of the subject site is Industrial. The General Plan does not specifically regulate the installation and operation of wireless 33 Planning Commission Staff Report May 13, 2015-- Page 9 Case Nos. 5.1315 CUP &6.531 VAR—Verizon— San Joaquin Drive 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 monopole designed as a palm tree, and the planting of three (3) 25-30 foot tall fan palms in the landscaped area adjacent to San Joaquin Drive will provide screening for the adjacent Dream Home neighborhood. 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. G. 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 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, installation of three palm trees to help screen the adjacent residential neighborhood, removal of antenna upon use-change or abandonment of the subject property and compliance with all Federal Airport Administration requirements among others. 34 Planning Commission Staff Report May 13, 2015 -- Page 10 Case Nos. 5.1315 CUP &6.531 VAR—Verizon—San Joaquin Drive ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is Categorically Exempt as a Class III exemption per Section 15303 (New Construction or Conversion of Small Structures). CONCLUSION The proposed project has been revised several times to reflect the direction from City Staff, AAC, Planning Commission and City Council. The applicant has willingly made changes based upon comments and actions. The request before the Planning Commission reflects the direction of the City Council and the Planning Commission sub- committee for the applicant to plant three (3) 25-30 foot tall Mexican Fan Palms interspersed within the landscaped area along San Joaquin Drive. Glenn Mlaker, AICP Flinn Fagg, AICP Assistant Planner Director of Planning Services Attachments: 1. Vicinity Map 2. Draft Resolution with Conditions of Approval 3. Planning Commission Resolution # 6461 4. Minutes of the February 18, 2015 City Council Meeting 5. Minutes of the January 14, 2015 Planning Commission Meeting 6. Site Plan / Elevations (to be presented at meeting) 7. Photo Simulations (to be presented at meeting) 35 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA RECOMMENDING APPROVAL OF A CONDITIONAL USE PERMIT, CASE NO. 5.1315, TO THE CITY COUNCIL FOR THE INSTALLATION OF A FIFTY-FIVE FOOT HIGH MONOPALM COMMERCIAL COMMUNICATIONS ANTENNA STRUCTURE AND OF A VARIANCE APPLICATION, CASE NO. 6.531, TO EXCEED THE MAXIMUM ANTENNA HEIGHT FOR THE PROPERTY LOCATED AT A DESERT WATER AGENCY SITE ON SAN JOAQUIN DRIVE. WHEREAS, Spectrum Services for Verizon Wireless, ("Applicant') has filed an application on behalf of Desert Water Agency (property owner) 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 telecommunications facility, including a fifty-five foot tall monopole designed like a palm tree and existing equipment shelter located at a Desert Water Agency site on San Joaquin Drive, APN: 677-270-036, M-1-P Zone, Section 18; and WHEREAS, on January 14, 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 by a vote of 5-1-1 approved application and recommend approval to the City Council; and WHEREAS, on February 18, 2015, a public hearing on the application for Conditional Use Permit Case No. 5.1315 and Variance No. 6.531 was held by the City Council in accordance with applicable law and by a vote of 2-3 denied the application as submitted giving direction to the applicant; and WHEREAS, on May 13, 2015 a public hearing of the Planning Commission of the City of Palm Springs to consider a revised application for Conditional Use Permit, Case No. 5.1315 and Variance, Case No. 6.531 was given 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 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA).; and WHEREAS, the Riverside Airport Land Use Commission has reviewed the request and in a letter dated February 5, 2014 has deemed the project consistent with the 2005 Palm Springs International Airport Land Use Compatibility Plan; and WHEREAS, the Planning Commission 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. 36 Planning Commission Resolution No. May 13, 2015 Case 5.1315 CUP/ 6.531 VAR—Verizon Wireless San Joaquin Drive Page 2 of 5 THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: The Planning Commission finds that this Conditional Use Permit is Categorically Exempt from environmental review pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act. Section 2: Variance: State law requires four (4) findings be made for the granting of a variance. The Planning Commission 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. 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 monopalm 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. 37 Planning Commission Resolution No. May 13, 2015 Case 5.1315 CUP/6.531 VAR—Verizon Wireless San Joaquin Drive Page 3 of 5 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: Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission 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 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. 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 monopole designed as a palm 38 Planning Commission Resolution No. May 13, 2015 Case 5.1315 CUP/ 6.531 VAR— Verizon Wireless San Joaquin Drive Page 4 of 5 tree, and the planting of three (3) 25-30 foot tall fan palms in the landscaped area adjacent to San Joaquin Drive will provide screening for the adjacent Dream Home neighborhood. 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 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, installation of three palm trees to help screen the adjacent residential neighborhood, 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, based upon the foregoing, the Planning Commission hereby recommends approval of Conditional Use Permit Case No. 5.1315 and Variance Case No. 6.531 to the City Council, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 13th day of May, 2015. AYES: NOES: ABSENT: ABSTAIN: 39 Planning Commission Resolution No. May 13, 2015 Case 5.1315 CUP/6.531 VAR—Verizon Wireless San Joaquin Drive Page 5 of 5 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Flinn Fagg, AICP Director of Planning Services 40 NOTES FROM MAY 13, 2015 PLANNING COMMISSION MEETING Assistant Planner Mlaker gave a brief description of the project history and described the revised project. Streetscape pictures along San Joaquin Drive and approved landscape plan maintained by the Escena Golf Course were presented. Chair Hudson opened the public hearing Mike Hayes - Spectrum Services representing Verizon Wireless thanked Commissioner Middleton for meeting with him to discuss the project. Mr. Hayes stated that he agreed to plant 2 or 3 fan palms along San Joaquin Drive where appropriate without removing existing Palo Verde trees. There were no requests to speak on this public hearing. Chair Hudson closed the public hearing Commissioner Middleton thanked Mr. Hayes for meeting and submitting revised plans. The placement of 2 or 3 trees along the street will be in context with the revised monopalm design. Maintenance of the area should be similar to the adjacent Palm Springs Unified School District site. Supports the proposal. Commissioner Weremiuk suggested clustering 3 palms together along San Joaquin Drive per direction from sub-committee. Suggested Code Enforcement contact Escena Golf Course regarding maintenance of landscaped area. Commissioner Calderine asked for clarification on views from Escena properties. Motion by Commissioner Weremiuk / Second Commissioner Lowe to approve CUP request and recommend approval to City Council with one condition: • Plant 3 Mexican fan palm trees in a cluster in area void of existing trees along San Joaquin Drive. Vote 7-0 41 City of Palm Springs Planning Commission Minutes April 22,2015 Chair Hudson stated that he sees no hardship for the reduced setbacks from 25 feet t 10 feet on Tachevah. He said that the elevations on Building B need to be studied d the mechanical rooftop equipment will need to be shielded. Commissioner Roberts said for a project of this size this is a great use for Is location. He stated that the way this is being proposed it will not have any visu mpact on the neighborhood. Commissioner Roberts suggested increasing the set cks to 50 ft. (100 ft. is excessive for a one-story) for Building C and D and conne g the trail on Gene Autry. Commissioner Middleton concurred that this is an ap priate use for this site and suggested moving the buildings toward Gene Aut ttao create move distance from the Escena development. R ACTION: To continue to a date certain to Ma `J °3, 2015; to allow: 1. The applicant to communicate with neighbor; 2. 50 ft. setbacks along buildings C d D; 3. 25 ft. setbacks along Buildin on Tachevah; 4. Articulation of the buildin cing the residential buildings and buildings facing the street; 5. Connect the meand g sidewalk on Gene Autry Trail between this project and the Desert Sun. w Motion: Corn signer Werftiuk, seconded by Commissioner Calerdine and unanimousl arried on a roll call vote. mom , AYECoTIIssioner Calydlne, Gommissioner Lowe, Commissioner Middleton, Co Is toner Roberts, Commissioner Werernidk', Vice-Chair Klatchko, Chair Hudson 2C. SPECTRUM SERVICES (VEFltZON WIRELESS) FOR A CONDITIONAL USE PERMIT TO CONSTRUCT. A FIFTY-FIVE (55) FOOT TALL MONOPOLE STRUCTURE (DESIGNED AS A PALM TREE) WITH ASSOCIATED EQUIPMENT SHELTER AND "ARIANCE REQUEST TO EXCEED THE MAXIMUM ANTENNA HEIGHT PERMITTECS�AT_A DESERT WATER AGENCY SITE ON SAN JOAQUIN DRIVE, ZONE M-1-P (CASE NOS. 6.1316 CUP & 6.531 VAR). (GM) Director Fagg reported that staff has requested to continue this item to address a couple of errors in the staff report. Chair Hudson opened the public hearing and with no speakers coming forward the public hearing was continued. 4 1 P a g e 42 City of Palm Springs Planning Commission Minutes Apnl 22,2015 Commissioner Roberts commented that during a site visit it became apparent the monopole would have no impact to Escena; however, the impact would be to the Dream Homes neighborhood. He suggested landscaping be placed on the east side (San Joaquin). The Commission further discussed the following items: • Desert Water Agency will not allow trees on the DWA parcel; • Redesign of this project and previous version; • Monopalm design; • Mitigation of view impacts; • Establishing a subcommittee to review the issues. ACTION: To continue to a date certain to May 13, 2015; and establish a subcommittee (Roberts and Middleton) to work with the Involved parties to resolve the issues. Motion: Commissioner Calerdine, seconoo by Commissioner .Weremiuk and unanimously carried on a roll call vote. AYES: Commissioner Calerdine,,_ Commissioner 1--owe, Commissioner Middleton, Commissioner Roberts, Commissioner We,emiuk Vlcehair Klatchko, Chair Hudson D. NEW CHURCH AI, LCs `FOR A GENVR� ' kNAN AMENDMENT, PLANNED LOPMENT DESTRICT, M Nlri NDITIOnSE PERMIT AND ARCHITECTURAL REVI PPLICATION,TO RENOVATE MSTING HISTORIC STRUCTURES AND CONSTR ,.- ,BANQUET-4 E=AND THREE-STORY HOTEL TO OPERATE A 93-R0 �HO3 WITH RESTAURANT:AND, ACCESSORY COMMERCIAL USES ON 3,�CRES L TED AT„.THE NO CORNER OF BARISTO ROAD AND BE ARDO ROA .r NE R,3 (CASE 5.1345 GPA, PD-372, CUP AND 3.0678 Associate Planner Newell presente a proposed project consisting of a partial demolition and construction of'-a banquet and a three-story hotel. He reported this project was reviewddwoy the Historic Site Pres ation Board and was approved with modifications. Michael Daudt, City Attorney, requested a continuance due t e significant amount of comments received (including a lengthy letter that came in on A 1 21, 2015 from the legal representative for the Vineyard Shopping Center) and continue t eeting to the first meeting in May. He said the continuance would allow them to prow adequate time and consideration to the response to the comments. Mr. Daudt recom ded public hearing be opened to receive public testimony. The Commission asked technical questions pertaining to: 5 1 P a g e 43 City Council Meeting http://paimsprings.granicus.com/MinutesV!ewer.php?view_id=2&cli... ACTION: Adopt Resolution No. 23766, "A RESOLUTION OF �t I THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION F TERRITORY INTO COMMUNITY FACILITIES DISTRIC NO. 2005 1 (PUBLIC SAFETY SERVICES), AUTHORIZI THE LEVY OF A SPECIAL TAX, AND SUBMITTING T LEVY OF SPECIAL TAX TO QUALIFIED ECTORS (ANNEXATION NO. 8) (DESERT PALISA S, TRACT 35540)." Motion Councilmember Mills, sec ded by Mayor Pro Tern Lewin and unanimously carri on a roll call vote. City Clerk Thompson ted he canvassed the results of the special lection and executed the Canvass and State ent of Result of election as follows: Annexati No. 8, 117 votes cast, 117 yes votes cast, ero no votes cast, 2/3rds of the property ow rs voting yes for the Annexation, the City C ncil may proceed with adopting the resolutio and introduce the ordinance. ACTION: 1) Ado Resolution No. 23767, "A RESOLUTION OF THE CITY UNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA ECLARING THE RESULTS OF A SPECIAL ANNEXATI LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE ORDING OF AN AMENDMENT TO NOTICE OF SPE AL TAX LIEN (ANNEXATION NO. 8) (DESERT PA ADES, TRACT 35540);" and 2) Waive reading of the full t t and introduce on first reading by title only, Ordinance No. 872, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY (ANNEXATION NO. 8) (DESERT PALISADES, TRACT 35540)." Motion Councilmember Mills, seconded by Councilmember Hutcheson and unanimously carried on a roll call vote. 1.6. SPECTRUM SERVICES (VERIZON WIRELESS) CONDITIONAL USE PERMIT TO CONSTRUCT A FIFTY FOOT TALL MONOPOLE WITH ASSOCIATED EQUIPMENT SHELTER, VARIANCE REQUEST TO EXCEED THE MAXIMUM ANTENNA HEIGHT PERMITTED AT A DESERT WATER AGENCY SITE ON SAN JOAQUIN DRIVE, APPROVING A CEQA CATEGORICAL EXEMPTION (CASE NOS. 6.1315 CUP AND 6.531 VAR): 44 3 of 15 4/13/2015 2:39 PM City Council Meeting http://palmsprings.granicus.com/MinutesViewer.php?view_id=2&cli... Item 1 B Staff Report Flinn Fagg, Director of Planning Services, provided background information as outlined in the Staff Report dated February 18, 2015. Mayor Pougnet opened the public hearing, and the following speakers addressed the City Council. MICHAEL HAYES, Applicant, requested the City Council approve the project. No further speakers coming forward, the public hearing was closed. The City Council discussed and/or commented on the following with respect to the cell tower: mono-palm v. mono-pole installation, the location and/or the removal of the five-palm trees, the proposed eight-foot wall should match the current Escena wall. ACTION: Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A FIFTY FOOT TALL MONOPOLE AND ASSOCIATED EQUIPMENT SHELTER, A VARIANCE TO EXCEED THE MAXIMUM ANTENNA HEIGHT PERMITTED AT A DESERT WATER AGENCY SITE ON SAN JOAQUIN DRIVE, AND A CEQA CATEGORICAL EXEMPTION, ZONE M-1-P SECTION 18 (CASES 5.1315 CUP AND CASE 6.531 VAR)," in a mono-pole style, requiring the eight-foot fence match the existing Escena fence, and removing the condition for five additional palm trees. Motion Councilmember Hutcheson, seconded by Councilmember Mills and failed 2-3 on a roll call vote. AYES: Councilmember Hutcheson, and Councilmember Mills. NOES: Councilmember Foat, Mayor Pro Tern Lewin, and Mayor Pougnet. ACTION: Adopt Resolution "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT A FIFTY FOOT TALL MONOPOLE AND ASSOCIATED EQUIPMENT SHELTER, A VARIANCE TO EXCEED THE MAXIMUM ANTENNA HEIGHT PERMITTED 45 4 of 15 4/13/2015 2:39 PM City Council Meeting http://palmsprings.granicus.com/MinutesViewer.php?view_id=2&cli... AT A DESERT WATER AGENCY SITE ON SAN JOAQUIN DRIVE, AND A CEQA CATEGORICAL EXEMPTION, ZONE M-1-P SECTION 18 (CASES 5.1315 CUP AND CASE 6.531 VAR)," in a mono-pole style, requiring the eight-foot fence match the existing Escena fence, and requiring the installation of five additional palm trees. Motion Councilmember Foat, seconded by Councilmember Hutcheson and failed 2-3 on a roll call vote. AYES: Councilmember Foat, and Councilmember Hutcheson. NOES: Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet. UBLIC COMMENT: KA EEN ERCOL, announced the upcoming Riverside County Public Health mmunity Forum. AL SMOOT anked the City Council for the opportunity to serve the City in his various ca cities constructing capital projects in the City of Palm Springs. BUNNI BENARON, Ra ho Mirage, commented on Item 5.A. and requested the R. Hero sculpture be ced at the Palm Springs Public Library. KAREN BARONE, commente on Item S.A. and requested the R. Hero sculpture be placed at the Palm ings Public Library. LEXIE MARTONE, Palm Springs, co ented on golf-course noise in the early morning. NANCY STUART, Palm Springs, provide an update on the Palm Springs Aerial Tramway. COUNCILMEMBER COMMENTS: Mayor Pougnet requested the City Manager provide ' formation on traffic calming on Murray Canyon and the other issues ' the Indian Canyons. CITY MANAGER'S REPORT. City Manager Ready provided an upda on the City Hall Parking Lot Repaving Project. 2. CONSENT CALENDAR: ACTION: Approve Items 2.A., 2.B., 2.C., 2.D., 2.E., 2.F., 2.G., 2.H., 2.1., 2.J., 2.K., 2.L., 2.M., 2.N., 2.0., 2.P. 2.Q., 2.R., and 2.S. Motion 46 5 of 15 4/14/2015 2:08 PM �ouW,.1 E)SS L.,.¢X A9rvE .1E'. AMd o. si aooR ,PLANE.LALiECPNIA 83619 NIGHTSHADE rPROACT INPCRWATIM NIGHTSHADE 1 IIIL UNMORESMO PARCEL d A . wireless UNADDRESSED PARCEL PM L —ICAfTPORrv,A R]W C¢PdiP14UE OAIE Llss PDS/04/)5 APN: 677-270-036 0 � 15505SAND CANYON AVENUE PALM SPRINGS, CALIFORNIA 92263 [ ZONING BUILDING D, 1ST FLOOR Pw.:-0As:�sE+SPnd ter: IRVINE, CALIFORNIA 92618 n•nS WA.., Q6 TznSnA Q. mnln.xWx.P ce..w°Sm xwECT W¢tnEs: Qi n.n•.I.... xRi rw, A♦PEWzw WRu.BSS TtE< r.wi. _ S<AI � M SHEETDESCRIPTION REV. Qxmn. m,w�um�u WAAIEM rWn..m,AAS AT A 0 m1TEW X°iAM °T..tWw..W a INSW—I, " xTA vw 0 a IS :"Wie.Sr sPn w.+wA.wRE I�io6i5 wvou.A Aw.S.Tl I. Alas w s Prnn I m.w wn)WWzw xASx.P.R.ew<.wm,RAS °O10N�°WraW.axR A.S'mi uv"VOAavu lm°c`°tl.1a:.00°`�S mL o �Pn+nt.m Miyutu w M M.xm a¢UEBS Wyort A.wa w.rTS RASA)(0)R• M< ) PiXi�zx-+ro5 5.zmz..A.. A2 oRAn�s a2 nw � :"'" _ UIM _ A3 tE M4y u,ru..f S.WJML rD A-1 PL>NS PPEP.PFD BY:e .STW..Ro�w.') '_WAmS tT eW'"" "U"I"wanrze `iwi r`av`vow.A urtP°an°0F A4 M.PnAN.Tx WFxMIM 6 xSTx..m,w U)K1°Zm WAEL<z5 w5...AS A5 x.m•PAM tssVAT,oxS 6 ispeciTim NR MTYW A6 8 SPECTRUM Sf R'/IDES. INC xn.wT,x w A wezm Wxus r a°¢t.W. "'^. ♦ CODE COMPLJANCE 44M E.<,PORT DRIVE.SUITE xT • . spx.a OxiM10.CAu O A 9tl)611O IA.w.•fA,ZW wILTl55 YMW 91P.RF)WM.III VUM MIL IAX[ PAI ..W MMUM cW $j6 PRIG I9°,.58-8401 pi• x p'CpiplET<Iro 'PPR RYAI 1..11. (90S) M-6•DO n. RAT.) a� , .n.TM+WIEa c.qi A,y nW A.w]5 ry1.xRXxM ♦ c A S`Rw Sr••yS x<. R Im LICExApE: KR ryw CMmN wm TO Ui,ER m,slm<np' iW(; v-B fiTe� mA xdfiRD¢[c1wT aA•¢10 X[Rt ,x,w,T IGYV¢ PA. N.)av-Nw xT A——1(m- t •"AIPm)aP-eue PROJECT DESCRIP710N m,cAw oTY w rM,a.N55 naE.pNnug & xw S4A45 USE.1 x SATS E Vie T�e I ¢rx tm A¢rss NTS SAME54'&"wASo" 1 I-ww'.•a." u SHEET INDEX ZONING � amr..nwmE ¢ P 9 EEETRIQ ENUMMIR ITEE SIGNATURE DATE awEsia B`IEI♦-ITA IA ME.xz�+ A Y III dRXf R 9xfEi TRUE p Pgt4, Cp.�RJf • ARM,c'MP`MA< P 1F i5 RE.LL ESTATE0."ms 5 Ti PRCPERTV OIAEP px"`Y"` zwnxc AwRovPE TITLE SHEET m s M. E Ro.P a,M t° cwamucmx SAKE ,oa L TOrvu MPPOVRL SXEET NWREP:�EYt O f r x T1 NCINITY MAP PROJECT SUMMARY PROJECT TEAK APPROVAL LIST 6 I LAX-aas X NOTES k TI P REPORT EXCEPTIONS war Tx:II ommnz)u D w,m[wmr ww�rwA mwla�Dow�wu�c�.i wc�`an'�`mmi r[�u[r�`wrwDsn4r n.wu x x.rw!uo Q rsrolr(x%l rm n[n�mcII(s sxa xicw.wou Ouvrr M�nv/.nw MA`wcf z -, 1$paVXonxD CN ro .K I ST 11 0M NxE.CFLIEgtHIP 93fir8 NI .w�'.Iac a caX°OWIrRa"Nu!`si esarss "400 Przoxcr wlaurnwa N. xD.ea«nssx..a wD xlmxrim Pow.. NIGHTSHADE ixrnww.xD.ewe-army.amaze m`I'Nmsxx°rm"''°in!ucwr r.awM1 cnx«n rcd ww.c..Lwwdr..a I ____-_ —- _ __ a.Ra YrW(R�>.�W,cMaSf _ �lnundnz)lm rxl a.➢asEln wax w.w xo Dm nor.wm xae:cr _____________I. .. Dx.DDREssEz wR� .wrs xaDUD..avcm u gram x. r.wvrrc �.' � r - I Puu smlxcs,r i n°rluLszzs3 ;<`LaRalw`o'D."N Io"w�' w.,.w�l.-.nw �N I I i.� rcuvRExr Issuf o.r[ w-rw wcwx wwrffz �°aeax`a„aF9s %am. 05/04/15 �r ry ° r'!` L Q. uxs 1) oro s' 's'r I..I.P1D.'''O Pww�u,En>rc wR ; nw09D.u'w°muz `xn u Ewszz.xD NNNIN- Qe rao 11 DE.L.. wz lX-gin w N°i.-.L':vr cn *1 �% r- —__.� 4�i ZONING Dl� n IN won n] ,. ,,N w F ..1.:no u.1 f �1-9w SP nJ REu:Taa:=oCSLAIPnarv:=6Y. Q lxq,a,ryn'INR."o ma's z Q IN,ow.Na PDn°axR a Y.""°wzP�« 1 'ew• u, AOPM1 4,EC!ME 49LCr . 1 1 -—� Q n./I M.wxc e[smo €L`rsw lw II� IN. ��N.n:l ro.>�.w�lwDLi.L � /_ ; I a �- -11_�,— ,RMA.etiM wsS x4cr PRwary A`CY i[wlv.�ri wn pA. allolw r: ; /' lo� :D�KR < QD e.s�wlrtsl!a xc xwox(s) 1. wow wLD..XD 'x..I nwn.nnam xamlr.L w m.s sr.ua X n M`.w°"°"wi�a ims" �N,I L` T,IN 1 1-1 aomaaaa xXc.x wrlww R.M v�.eo c _ ___—. _ _______D0 I ter, n n•^""""`B°" N�wAxNII. ,.. 1.xwaaN.D � — � _ �� oa w.walw a.m.X,RwI I>ImP ,xaa - —--— ----------------------- - -a'•--------- -rwn m wrro.L necmos PVmda rc x PM L m s.o Qi IDn.na,ws ewwG wEi wi xPEm rsc xaaa mwun wran iri oma amx"tlNPzrl�ulr i I I BY 0.M15 PREPFRED BV,a . I SPECTRUM SERNCES. INC. NOS E NPPCRr DRIVE,SWrE 100 1�6MD ¢2u�udr P.W0.iMZDr jr-D' - I 1 ML4Po0.C.L2NXIR 911151 1 PMRIE: (R09 ou5fi-MOI PAIL: (9Ds) ss-eaoe UCENSYRE: 1 ___________ xcwx LxE r � � I m N. Rw 4 `_�_- wSy0e1 ' ME rpn 1. IN,rM. r tw xlcwN I1rSXfEi nTLE: y .wxx wM 2I SITE PLAN IL ]D I SNEEr xVL15ER:—PEYISIVi: 6 SITE PUN Al uX 1 -zeu A co Issas sxxD uXroN..VENUE eonowc sr aow / `w m:� I � I cevmE.CP6CaWP Bzala ems-_I =SH . tmrr PIraNI 6] _ wuxm nays°t[m[d 1 -CURRENT S2 04DPrE p 05/ /15 JOx rim Si w°Po�M.azo«.rruss - 1 I a�-n"r ZONING I m vas"vtxm°s+[ ��f .Im�mrvx`[oca° .wY -B.Lrt� —- IIEsaNPnax:�r: eY y li I wax i [nlem� ��` X mscl X.M d 1 V s I Q[en.na nxxw a�x u x x w'�` - t I unv�.X.i«,P.nwxc ___ r�•x� PP°sm m°.°s°L[Yz°x walsv - 1; Z I I x3{ °c. av-no-°s o-x-sPn) �� SUL°huW➢xLuuM1m x:o __ __________ IiLu , I yN. °iPV �] z/♦n R.w"i wMo�. ,___ J ♦,._r NYM_TI i I N -I QQ mrs.n ° . Mwr a w. twla,'ro u R 1 Qa �°f qn wY zo-,.c j °N ��1��BI�(I � 0./NS MF➢Mm BY: I�WPM1 UC +Y �£ nW P 1Ep K L B 'naW r<y4 wir vJx.w.Max .IB is , iiiiiie ♦55 E RRRP�I ss aV Caul LwR rtN2 B ' ♦ 9'I ° PCWK / ro�nux Ilra roN[ C , I Id "'I rc4n[YFxptll Y/.1 uCENSVflE: F 1 weEw xxYILY� / ° PXR£ ♦ INC . nzngar xu_� � I 1 1 B xrrircx[r.ce / I DniPRO CPUr�Ne Blff 100 In °nwut ww rua f ret I wl s cwtpp } / B I fAtL (909) ss 8♦CB jI we wax L. [m / ♦ __ _+ a III, -14�1.1 bx Ix4 I I I 11 am°wnl.:.n:L:x.Li+•"c. I I '" I s2Er nnE: �. ENLARGED SITE PLAN I 1 I I sasvmt suL� w I SXEEi NVYBEP.�EN9p[: xtNrz[ C ENLARGED SITE PLAN - ""` 1 a `2 u-2]B cm ��� z�aa 'T'n cd+oaRe unorn cARu.z[ cnd Ma rd.LaP9R 19n� mROSn ��✓�.}����� ssos sING 0F"VCx.HNJE >� B w>/r cqa 'L''rt W RBUILOw o, si FLCM E.culEaRxl zale (q>/r co.. VAw.�n PRplEci MRRYAnpIA s _ u5c m zllan'naP,ux n NIGHTSHADE OR. uxire�i s�ii�z>o-wnL q uH vents curwxlA ezzw a9II:tarwcmw m Sm wu,crr5 lLlarxs rms ro umK rwF.mr rCUPPEHi 19wE 0x1E' L ANTENNA LAYOUT "" 3 ANTENNA AND CABLE SCHEDULE 2 05/04/15 wro raR: ZONING 6e WA PEv.:-DAIE:�FscMPnOx:=Rn I uxrzPux[ y r .'.uC t 4FPIEtlPOVFPA[�x____.___ rl ROPOSmdAxwrzRaQ. aln�n. •n+mx00 I. vPnmc Ln._ : E. ,Lxxx.xu551 .0.,L. L.azz on./n .ow ' # M 'LI I LARS PREP.PF➢BV Sw.w n[m r '.(-Sm sn rrl wrtl[55 [ I otro idf 5'x 9'tdm[Rp1A0 1 -� r-a 1 dd'4o utm3d wMIE53 '1 I " (I]�dOIIM MfizM SAH�LSS 1 ,9ELRA [ N. >OVER A. SPECWUu SERNCES,INC. O E.wo5 .PPgti R VE SUISE 100 R�(0)Pw%R1 Y-i Y-1 ' r ,u am. I TAPO CAI.'. H+]B]' I P^W E (909) Bbl II ' ; Is)Pq. I.�R 1 i_ 1 w gppgK �q L i uCFNwRE: n I])1RMo5m,[Pxm MML[55 1 I 9 : -,__EA_ A I]I PPmoso rn zrA„xPLus I r .xx,uMR.m.,wc.d®es ______________ r ..00siM�9mzd x,azss uw++rzo+o n.xR OR, I L 0.va BT.r All']Sp' o]I xRd.vo,cln>d.R[,m L: AxR AS n OIR RurtLiwnxl«s erA«' ___I P _____ ______________�; ¢nrzPuxz uNxrzo<M A udmuu r---------------___n PROP I L 1 .wK suD.[ru Grz ___ ___M i M�RO Mazp aRIEII � I / / v,/_________I____—L� PAPxR< I_ Mau i 1rzC°z ROO`TPIm1Edn a'au i L________ ______z 1 ,m'sz I .nr�/ sxEEi Hilt: i 1 SITE DETAIL. ANTENNA & CABLE SCHEDULE AND t ANTENNA LAYOUT 1 LPRPMc5L4LE \ _ - I ' L I L 1 � \ � .I L I 1 ygEi xuuBER--.�Enslav: 1 I i l snx a.+1< 1 I 6 SITE DETAIL CA 0 ♦•'� Lcsrm VB�fireless .�♦ +ssBU su`o uxvox nwxuE .♦j _____ LE CALFWNI 9�8 ..♦♦♦ .wi - wflw - L � POdCT iNfMwTCx ♦ ____ —--— Arnw .• ___ wpPE.r,N;E NIGHTSHADE .B♦ r-r nw Ynu AN,.,.Esre —__— ♦.♦ V,AFNSLORES_X 0 E'E nmx5 w�x,zwu __. ♦ � _- — rtx¢ PLLM YPHpS G fCflHL 9]363 ♦♦j : • --- rCURRExr 9L o1II ♦.�.� x. .• :�a +p • u".CNA..1 L 05/04/15 ♦� : •'• : ..• Ewc PRDPDXID x OLL ssuEn PpR: ♦•/ .•�• : _ ; ss wEa ZONING L ♦♦..�/ : — ; R_ r -I T x xr. + REv.:-VeRE�ECRYTCx:w: ♦♦♦�♦ : _ : c Pwm saF .♦ • _ • Q un.ns nrwa R j • N • QS `xnlM nnx•m^e � i i I : Qi n•n•x....�z • 1 I • Qoln+pR n♦ww. • I I I I • h -1 F -i • •e Qi `OM/I i • i I � k Qo IPn+nx zPP xw. � F —i h —i • _ PLWS PflEPMFO BY'.N L • SPEC . INC. • • ..p5 E A,F. ,EIR,. , 7L I[O • • Wi CA DRIVE CPYigxWP 1 .XU0, M' RE I IICENSURE: I I XX • • j I • a I • : • V.u•.. �O ..............................•........... ------------------ I ♦ P SY r I ZI lu p) I 1 .'p / GPAPIRC I SxEEI n1LE: 1 I _ _P SITE DETAIL WITH �♦ DIMENSIONS I PALE I 3 SMEEi NVYBER:�RE`TSIOH: i xl.Rx. A4 SITE DETAIL WITH DIMENSIONS ""` 1 LAX 6 CA r I vedz2uwmtew 155O5 Saxe CPNMN AVENUE p VI(DwC 0. 51 FLOORMS, WMPAP 936.8 GR0.ECi N[qN 1NN NIGHTSHADE VNapME55E0 GARCEI ANN, fill-3 0-OM PALM WRINGS,C IIEDRNIA 93363 CVRPENi ISSUE DAZE: 05/04/15 SWM faa ZONING REV ZDATC:�S&FRPROtk�� (3)— o 6s l^ e..�m o"`N °w�ais .[x tTOPER o"AMP on.w s µ :wo°"[mavn ,.wm[zz IIz)PwO .E,tw..DLN Q n•ns n.Il.N,[NMPI x Tz eµ. RE V (( .'mwNvc"HOo,)"`• '[i[Ins cai[m saw OR QQ ln.n.r.M..w Q rnn.a .L....c w<aR l Pwxs PREPARED By e 0) M11AM e SPECTRUM SERNCES, INC. b ME. b q aaCS E.AIRPORT ORrvE,%17 1W R . ..TARIO.OA.C.In nne( A PRONE: (9G9)AM-., tl r { FAF: (90)4 56-6.C6 ucENwRe E . m 33 55e os[oMwwmEss •y •• y xao2o.ERaawn[u k (i IIL.o4n \ ;D"`oLR. a g [a:wo'.' aiw .D.ff^"'wRw[re .0. Y Y io anrtR \ A. MUIFzz (zl�mos[TP'A'.PRO wa(ess [ om R o S o[s k �ti 9 EET nne i NORTH & EAST �Tivc, 'e ;n.� a ;;( mac ELEVATIONS .ET...RE RENLCH: s EAST ELEVATION _ 2 NIXtTH ELEVATION ACM[ 1 A5 N lw$a E NHoANg A,E IBIS 15 Y NE R.N SnM . V.T BYE I MIA'NN -VEN rPROdCI INGORYdTW- I NIGHTSHADE IIL YNAA3.ESSFD PARCEL A,N. mi-ziu-D PALM SMNL$L uNgRNA 9]M] rLURRENT ISSUE DATE' L 05/04/15 ZISSUED GLR LZONING — REv.:�ArE:—ceswwnw�ar. IIS)PRwmLo Mo.RTD .Mpplpp[��ss xMnn Mu lEuxA� (Yl PPaPMfn.(,Gg.wMs£5 MN a.i.anal loUR...s;R--g m { 1 a 0 ntna ndiNno m Tlen w uoN.aP Iw '.,,., 0 ..R RTxmM Ds 0a mn.nM..M M < r RAM, tNd Rx za e F .Ws GRERI II a � 6 11 P b ID wvN.En P—RREi iuvA $ $ '�TMt y�Go. S PECTRUM ICES, INC. NI 91 TE I W5g 91]6155-Rta�s-etas 3 ; LILENwne 6 - NMia mPA En'1 $R Y T Mwm Nm a g ;:A. wouxrto�E � � B PRaa�MSWNxU Nu [MGu[Irt auRP i WWI IXm TMiw1 A LMnmLOI g.-'N wh�Fss k i � pi PiRF 13)wvoffoioxU a xT R R CH x[u f'x 9'0U[F Ptl vEIL55 Im Muurvl \ .'a.`I s MRNRn Pu dx s s Mm wdu 0 § rb sin. rawosa NTpza.�anz x��.o ..0 _oy.... ,.. FM1 L e b14 92Er nnE: _y ogl ya *`,), o," ,.. a, ., .. Sti:°'4n3 �'a+, x . . ., �� � ,. �. u � - _ v •�.9� J'`>� SOUTH & WEST ik Ir MNL swn�iieT GIR SNEEi NJMHR�FN9CN: A6 6 w>=sr ELevanoN ""' z sounH ELEVATION fs dat EXISTING k' x� A _ Y R rr fi� ea v IN A C a 5 S iry X r i` CAS �t Mn.�m4:a5ID4 f qA4 U R � R MwI10Pwe o ` LNIyF Lon H6JO.EOWW .. _ / V i - c Artfy�x � a a..�wy�:pm.,• t� �aroai mw t• ""i LM ONJ LR RSRP I ` 1f1 Adam Bm1a:110Dp0 � GeoPian.E.6i Prapyiery wO Lonlgpnwai A Fi } �y pa `a s v ZAR "�7i. tV lly L �b35 +"n h�S •s� +d� l�ti. na.a-. ' Cv •3} YIt pppq3 k y yry i ,k. .� tr 2 k Y 'rr o d P� t 1� o $::: 55 ' i 70 N Few n All Cellular Antennas SUNRISE PKWY y'tiO,b 'PO BONAIR DR G s4L9.I,' ROSA PARKS RD Z W9p J Z J 3 t- SAN RAFAEL DR JOYCE DR z ¢ w PI CO RD MLDY LN z g PRANGS OR 13ELLAMY RD O LUNA WAY ¢� S DE LAGO RD O RACQUET CLUB RD ROCHELLE RD w d O O f O NA ESCUELA QUUORD MARISCAL RD EL CID t ¢ N D E VISTA CHIND � � VI STA CHIND PEINETA RD NA DEL SOL - r zMELAVE CHIA RD W CHIA RD w * q zz VIA LOLA O 2 TACHEVAH DR t TACHEEVVAH DR VIA EYTEL 5 g U TAMARISK RD a al 5 U pPLp� u OF W w VON CHINO DR 5 w .�i z ALEJO RD pVA 30TH AVE s ?LPN PARK DR U ¢ O MC MANUS OR s O • ¢ n AMADO RD D z Z W ANDREASRD c J E TAHQUITZ CANYON WAY J� i w Yt ARENAS RD � of W el ■ 6 BARISTO RD w z O TIFFANY CIR S ■ w W 1 U ❑ W 4 RAMON RD ❑ N CAMINO PAROCELA m O W N j SUNNY DUNES RD O > N g Q z N RIVERSIDE DR MESQUI It:AVE A OCOTILLOAVE 4 AIQk (,� MORONGO RD O < .l t 3 SONORA RD DEEP WELL KU ¢ W Z U W E PALM CANYON DR • Q� ESCOBA OR z TWIN PALMS DR . g p ❑ ly X Legend LAJOLLARD < m a rc ❑ z 4w Q - T-MOBILE LL w w • O AT&T i SIERRA WAY a a Q� 77j w'1l'FRLY DR O ?� MATTHEW In ■ VERIZON w SPRINT a 0 0.5 1 Mlles 56 r PHOTOGRAPHIC SIMULATION VI. PROPOSED WIRELESS COMMUNICATIONS FACILITY freriLnwireless SITE LOCATION MAP SPECTRUM SITE NAME: NIGHTSHADE VIEW 2 �l , -r SITE NUMBER: LAX-294 n SITE ADDRESS: UNADDRESSED W '''• " LOCATED OFF OF SAN JOAQUIN DR. VIE 1 -� PALM SPRINGS, CA 92263 SITE LOCATION DATE: 5/8/2015 APPLICANT: VERIZON WIRELESS 15505 SAND CANYON AVE. � " r BUILDING D, 1ST FLOOR IRVINE, CA 92618 _ MICHAEL HAYES, PROJECT MGR. - �1 t •� 909-268-3920 ( �` - SIT - 2014 GOGGLE MAPS The included Photograph Simulations) are intended as visual representations only and should not be used for construction purposes.The materials represented within the included Photograph Simulations) are subject to change. N1 � SPECTRUM SERVICES,INC.-8390 MAPLE PL.STE 110-RANCHO CUCAMONGA,CA 91730-(866) 515-3358 1/3 verrLnwrreress NIGHTSHADE/ LAX-294 PHOTOGRAPHIC SIMULATION- VIEW 1 -NAM EXISTING -VIEW 1 PROPOSED INSTALLATION OF 55' MONOPALM WITH ANTENNA ARRAY AND SPECTRUM RRU'S, INCLUDING EQUIPMENT COMPOUND WRH SHELTER, GENERATOR, AND 8' BRICK WALL.ADDITION OF TWO (2) 30' LIVE WASHINGTONIA PALM TREES. Cr SPECTRUM SERVICES,INC.-8390 MAPLE PL.STE 110-RANCHO CUCAMONGA,CA 91730-(866)515-3358 2/3 b V@I'ILllwireless NIGHTSHADE/ LAX-294 PHOTOGRAPHIC SIMULATION - VIEW 2 EXISTING-VIEW 2 r PROPOSED INSTALLATION OF 55' MONOPALM WITH ANTENNA ARRAY AND RRU'S, INCLUDING EQUIPMENT COMPOUND WITH SHELTER, GENERATOR, AND SPECTRUM 8' BRICK WALL. ADDITION OF TWO (2) 30' LIVE WASHINGTONIA PALM TREES. U1 SPECTRUM SERVICES, INC.-8390 MAPLE PL.STE 110-RANCHO CUCAMONGA,CA 91730-(866)515-3358 3/3 CO Notice of Exemption Appendix TO: Office of Planning & Research FROM: Planning Services Department 1400 Tenth Street-Room 212 City of Palm Springs Sacramento, California 95812-3044 3200 East Tahquitz Canyon Way Palm Springs, California 92262 X County Clerk-County of Riverside 2720 Gateway Drive Riverside, California 92507 Project Title: Verizon Wireless— Nightshade—55 foot tall monopalm Project Location: Desert Water Agency Site on San Joaquin Drive—APN 677-270-036 Description of Project: Construction of a 55 foot tall monopole designed as a palm tree and 900-square foot equipment enclosure with 8 foot tall block wall. Name of Public Agency Approving Project: City of Palm Springs, Planning Department Name of Person or Agency Carrying Out Project: Spectrum Services representing Verizon Wireless Exempt Status: (Check One) Ministerial (Section 21080(b)(1); 15268: X Categorical Exemption CEQA Section 15303 Declared Emergency (Section 21080 (b)(3); 15269(a); Emergency Project(Section 21080 (b)(4), 15269(b)(c); Reasons why project is exempt: The project qualifies as a Categorical Exemption pursuant to Section 15303 New Construction of Small Structures of the California Environmental Quality Act. Per the General Rule exemption criteria, the City first determined that the activity is a project subject to CEQA (Guidelines Section 15378(a)(1), but after review of the project determined that it does not have the potential for causing a significant effect on the environment. Categorical Exemption Section 15303 consists of projects characterized as new construction of small structures meeting the following conditions: (c) A structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500- square feet in floor area. In urbanized areas the exemption also applies to up to four commercial buildings not exceeding 10,000-square feet of floor area in sites zoned for such use if not involving significant amounts of hazardous substances where all necessary public services and facilities are available and the surrounding area is not environmentally sensitive. The subject project site has a General Plan designation of I (Industrial) and is zoned M-1-P (Light Industrial) zone. This project is consistent with both the General Plan and Zoning. The subject site has not been identified as a site that has value as a habitat for endangered, rare or threatened species. The approval of this project would not result in any significant effect relating to traffic, noise, air quality, or water Quality. The site will be served by Southern California Edison Company (Electric), Veolia Water Company (Sewer), Desert Water Agency (Water), Verizon (Telephone), Southern California Gas Company(Gas), and the City of Palm Springs Police And Fire Departments. Lead Agency Contact Person: Glenn Mlaker Telephone: (760) 323-8245 Signature Date: 60 CITY OF PALM SPRINGS NOTIFICATION OF APPEAL Date: May 20, 2015 Subject: CUP Case 5.1315 Variance 6.531 by Spectrum Services AFFIDAVIT OF PUBLICATION I, Cynthia A. Berardi , Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on May 9, 2015. 1 declare uWer penalty of perjury that the foregoing is true and correct. Cynthia A. Berardi, CMC Deputy City Clerk AFFIDAVIT OF POSTING I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the City Clerk on May 7, 2015. 1 declare under penalt of perjury that the foregoing is true and correct. Cynthia :G-Serardi, CMC Deputy City Clerk AFFIDAVIT OF MAILING I, Cynthia A. Berardi, Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on May 7, 2015, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (120 notices) I declare under penalty of perjury that the foregoing is true and correct. v C is . Berardi, CMC Deputy City Clerk 61 The Desert Sun Certificate of Publication 750 N Gene Autry Trail 4? C, Y E Palm Springs, CA 92262 C e I Vt 760-778-4578/Fax 760-778-4731 206 �I',Y 14 All 10: 3'J State Of California ss: County of Riverside Advertiser: I No0662 NOTICE OFPUBLIC HEARING aTr cNaL CITY OF PALM SPRINGSfLEGALS CITY"LoMuRRBIG8 CONDITIONAL USE PERMn 5.1315 8 PO BOX 2743 VARIANCE6.531 CTRUM SERVICES WIRELESS) PALM SPRINGS CA 922632 I DESERT WATER AGENGY SITE ON SAN JOAQUIN DRIVE NOTICE IS HEREBY GIVEN that the Cdv Council of me City of Palm Sport California vn11 hold a public(rearing at as maeHngq If May 20, 2016. The Coy Council meelYlpp begirlg at 6.00 2000635201 p.m.,In me Council Chamber aF CIty Hall, 3200 EaW Tahquitz Canyon Way,Palm Spmga. The Purpose of the hearing ie to Consider an aeppppyy catlon by Spectrum Services re0resenting V=- g6WAaysteas,t a comdmaaw Use Parrott to Install a ardeme.(�Tfiie add tell commercial also in�rdeeaa communication requestt ab to oyve t¢apGmlftd fi6Meen ma is fe In et ffoor(the) I ate over the age party 1t years old, a citizen of the United Property locateoat The.Desert Water Agency Sire Slates and not a pang to, or have interest in this matter. I on San Joaquin Dove adlaCem m Escena Gaff hereby certify that the attached advertisement appeared edWl-IP T11�aet north of an Jose Avenue,Zoo- in said newspaper (set in type not smaller than non panel) E in each and entire issue of said newspaper and not in any f a supplement thereof on the following dales,to wit: Ef VM"Nth Newspaper: .The Desert Sun 5/9/2015 . I acknowledge that I am a principal clerk of the printer of __ The Desert Sun, printed and published weekly in the City lillxzENVIRONMENTAL DETERMINATION of Palm Springs, County of Riverside, State of California. Tide project la calegodcMly exempt hen environ- The Desert Sun was adjudicated a newspaper of general nheatal reNew pursuam ro 3edlldn tom (Glass 32-In-FN Develppmeta of the Lion IS (Clas circulation on March 24, 1988 by the Superior Court of the mental Duality Aq(OE�A), County of Riverside, State of California Case No. REVIEW OF PROJECT INFORMATION; 191236. The staff report and other sup rang doctn enla non this prpleCt mere suet a for public m- at gal'Ffell be n the hours of 6:00 a.m. Brld 6:00 p.m.Montle through Thursde.Y.Please I declare under penalty of perjury that the foregoing is true Contact me oltice a one City sank at'sD)323- 8204 if you would like to schedule an appoimmem b feView these docamema. and cameo. Exec o this 9lh day of May, 2015 in W94m: ON THIS APPLICATION � Re-Palm Springs, ornia. notice may Ire made verbalry at me arMlor in wdtlng before mehear. mmems may be matle to theon M latter(for mNl ar handdeliv- rk 3200 E.ahgWitzoda City ryoon Way Palm Springs,CA 92262 Any challenge of the proposed prefect in court meyy be itmked to raising only Ihose Iseuas raised Clara 'S SI natur at mepubacheenrp described in this notice,or in 9 '7� written cortesponderce daMered tome G, Clerk (JO ' (�0,� at, or or to,th n blk heaMg. (Code Section 65ao9 ojtag. An opportunity will be given at said hearing for all interested Persons to be heard.Questions regard. ing this case may be directed to Glenn Walker,As- sislam Planner,at mto)323-8245. SI necesita ayuda con sets carts,Paw hems a Is Ciudad de Palm Sp y�cede habler con Felipe Primes to sImb( )323-8253. - Published:SM5 James Thompson,tatty Clerk �- 677-321-013 677-321-012 677-321-011 Carlos Fregoso Simon & Hilda Rosas Maria Villa 30617 San Antonio Dr 30645 San Antonio Dr 30673 San Antonio Dr Cathedral City, CA 92234-5029 Cathedral City, CA 92234-6029 Cathedral City, CA 92234-6029 677-321-010 677-321-009 677-321-008 Sonia Sanchez Rofolfo &Sanjuana Valdez Dia Cj Better Ways Investments Llc 30701 San Antonio Dr 30727 San Antonio Dr 67042 San Jose Dr Cathedral City, CA 92234-6096 Cathedral City, CA 92234-6096 Cathedral City, CA 92234-6037 677-321-007 677-321-005 677-321-004 Adolfo & Maria Mitre Miguel Ramirez Luis& Maria Garcia 67032 San Jose Dr 30726 San Joaquin Dr 30700 San Joaquin Dr Cathedral City, CA 92234-6037 Cathedral City, CA 92234-5068 Cathedral City, CA 92234-5068 677-321-003 677-321-002 677-321-001 Vicente Penaloza Kathleen Schulte Roni Juarez 30670 San Joaquin Dr 30644 San Joaquin Dr 30616 San Joaquin Dr Cathedral City, CA 92234-5046 Cathedral City, CA 92234-5046 Cathedral City, CA 92234-5046 677-302-023 677-302-022 677-302-021 Maria Atilano Miguel & Gloria Romo Glenn & Catherine Brown 30313 San Luis Rey Dr 30337 San Luis Rey Dr 30369 San Luis Rey Dr Cathedral City, CA 92234-6081 Cathedral City, CA 92234-6081 Cathedral City, CA 92234-6081 677-302-020 677-302-016 677-302-015 Juan & Gabriela Gonzalez Maria Mitre Grace Bjornberg 30381 San Luis Rey Dr 30501 San Luis Rey Dr 30533 San Luis Rey Dr Cathedral City, CA 92234-6081 Cathedral City, CA 92234-6044 Cathedral City, CA 92234-6044 677-302-013 677-302-012 677-302-011 Rekha Bali Antonio Sanchez Dionisio & Maria Acuna 30588 San Antonio Dr 30562 San Antonio Dr 30538 San Antonio Dr Cathedral City, CA 92234-6074 Cathedral City, CA 92234-6074 Cathedral City, CA 92234-6074 677-302-010 677-302-009 677-302-008 Elanne& Michael Youngberg Jesus Martinez Medardo &Ana Marquez 30514 San Antonio Dr 30488 San Antonio Dr 30472 San Antonio Dr Cathedral City, CA 92234-6074 Cathedral City, CA 92234-6026 Cathedral City, CA 92234-6026 677-302-007 677-302-006 677-302-005 Leoncio Ramirez Bernal Carbajal Edward Verdugo 30456 San Antonio Dr 30422 San Antonio Dr 30404 San Antonio Dr Cathedral City, CA 92234-6026 Cathedral City, CA 92234-6026 Cathedral City, CA 92234-6026 677-302-004 677-302-003 677-302-002 Teresita De Jes amirez&Teresita Juana Munoz Rosa Gonzalez 30376 San nio Dr 30366 San Antonio Dr 30334 San Antonio Dr Cathedral ity, CA 92234-6075 Cathedral City, CA 92234-6075 Cathedral City, CA 92234-6075 �p-i, xPh ow 677-302-0-001 677-301-020 677-301-019 Augusto &Zoila Juarez Santos Juarez & Nicolasa Giux Jimmy Vega & Yesenia Sanchez 30302 San Antonio Dr 30591 San Antonio Dr 30557 San Antonio Dr Cathedral City, CA 92234-6075 Cathedral City, CA 92234-6077 Cathedral City, CA 92234-6077 677-301-018 677-301-017 677-301-016 Gabriel Ortiz Philip & Grace Palacios Simon & Luz Serrano 30523 San Antonio Dr 30499 San Antonio Dr 30473 San Antonio Dr Cathedral City, CA 92234-6077 Cathedral City, CA 92234-6027 Cathedral City, CA 92234-6027 677-301-015 677-301-014 677-301-013 Filiberto Moreno Esteban Aguero& Maria Medina Lorena Castaneda 30441 San Antonio Dr 30411 San Antonio Dr 30387 San Antonio Dr Cathedral City, CA 92234-6027 Cathedral City, CA 92234-6027 Cathedral City, CA 92234-6076 677-301-012 677-301-011 677-301-010 Chan &Zoila Juarez Saturnino Hernandez Juan & Maria Rios 30345 San Antonio Dr 30311 San Antonio Dr 30310 San Joaquin Dr Cathedral City, CA 92234-6076 Cathedral City, CA 92234-6076 Cathedral City, CA 92234-5059 677-301-009 677-301-008 677-301-007 Raul Nunez Greg Lang Jpmorgan Chase Bank National Assoc 30346 San Joaquin Dr 30386 San Joaquin Dr 30410 San Joaquin Dr Cathedral City, CA 92234-5059 Cathedral City, CA 92234-5059 Cathedral City, CA 92234-5044 677-301-006 677-301-005 677-301-004 Heriberto Corona & Maria Valencia Matthew Bruce Azucena &Arturo Hernandez 30440 San Joaquin Dr 30472 San Joaquin Dr 30498 San Joaquin Or Cathedral City, CA 92234-5044 Cathedral City, CA 92234-5044 Cathedral City, CA 92234-5044 677-301-003 677-301-002 677-301-001 Juan Serrano Ismael &Teresita Ramirez Isabel & Noel Garza 30522 San Joaquin Or 30556 San Joaquin Dr 30590 San Joaquin Dr Cathedral City, CA 92234-5058 Cathedral City, CA 92234-5058 Cathedral City, CA 92234-5058 677-322-009 677-322-008 677-322-007 Cesar&Aurora Garcia Carlos&Yolanda Martinez Jesus Gonzalez 30750 San Antonio Dr 30601 San Gabriel Cir W 30615 San Gabriel Cir W Cathedral City, CA 92234-6002 Cathedral City, CA 92234-6062 Cathedral City, CA 92234-6062 677-322-006 677-322-005 677-322-002 Augusto Garza Bobby & Dyan Henkel Gerald & Barbara Houcek 30643 San G riel Cir W 30671 San Gabriel Cir W 30632 San Antonio Dr Cathedral CA 92234-6062 Cathedral City, CA 92234-6062 Cathedral City, CA 92234-6028 677-322-001 677-270-049 Hector Nuno Valley N 30606 San Antonio Dr 400 house View Dr 59 Labels Printed Cathedral City, CA 92234-6028 P Springs, CA 92262 677-270-049 677-301-007 677-302-011 Valley New Jpmorgan Chase Bank National Assoc Dionisio & Maria Acuna 712 5Th Ave 800 Brooksedge Blvd 2513 W 157Th St New York, NY 10019-4108 Westerville, OH 43081-2822 Gardena, CA 90249-4626 677-302-005 677-302-006 677-302-007 Edward Verdugo Bernal Carbajal Leoncio Ramirez 9559 Valley View St 30422 San Antonio Dr 30456 San Antonio Dr Cypress, CA 90630-3960 Cathedral City, CA 92234-6026 Cathedral City, CA 92234-6026 677-302-008 677-302-009 677-302-010 Medardo&Ana Marquez Jesus Martin Elanne & Mic el Youngberg 30472 San Antonio Dr 30488 Sa ntonio Dr 30514 Sa ntonio Dr Cathedral City, CA 92234-6026 Cathedral City, CA 92234-6026 Cathe I City, CA 92234-6074 677-302-012 677-302-013 677-302-015 Antonio Sanchez Rekha Ba Grace Bjor erg y 30476 San Diego Dr 30588 n Antonio Dr 30533 Luis Re Dr Cathedral City, CA 92234-5030 Cat dral City, CA 92234-6074 Cath ral City, CA 92234-6044 677-302-016 677-302-017 677-302-020 Maria Mitre Maclovio Sauceda Juan & Gab la Gonzalez 28460 Avenida Condesa 30510 San Diego Dr 30381 Spe Luis Rey Dr Cathedral City, CA 92234-3703 Cathedral City, CA 92234-5038 Cathe al City, CA 92234-6081 677-302-021 677-302-022 677-302-023 Glenn & Catherine Brown Miguel & Gloria Romo Maria Atila 30369 San Luis Rey Dr 30337 San Luis Rey Dr 30313 S Luis Rey Dr Cathedral City, CA 92234-6081 Cathedral City, CA 92234-6081 Cath ral City, CA 92234-6081 677-321-001 677-321-002 677-321-003 Rom Juarez Kathleen Schulte Vicente Penaloza 30616 San Joaquin Dr 30644 San Joaquin Dr 30670 San Joaquin Dr Cathedral City, CA 92234-5046 Cathedral City, CA 92234-5046 Cathedral City. CA 92234-5046 677-321-004 677-301-001 677-301-002 Luis& /aoaqu ia Isabel & Noel Garza Ismael & Teresita Ramirez 30700 in Dr 30590 San Joaquin Dr 30556 San Joaquin Dr CathedA 92234-5068 Cathedral City, CA 92234-5058 Cathedral City, CA 92234-5058 677-301-003 677-301-004 677-301-005 Juan Serrano Azucena &Arturo Hernandez Matthew Bruce 32150 Sky Blue Water Trl 30498 San Joaquin Dr 30472 San Joaquin Dr Cathedral City, CA 92234-3921 Cathedral City, CA 92234-5044 Cathedral City, CA 92234-5044 677-301-006 677-301-020 677-302-001 Heriberto Corona& Maria Valencia Santos Juarez& Nicolasa Giux Augusto & Zoila Juarez 32475 Cathedral Canyon Dr 211 30591 San Antonio Dr 30345 San Antonio Dr Cathedral City, CA 92234-4014 Cathedral City, CA 92234-6077 Cathedral City, CA 92234-6076 �s 7a i"r- c4yp 1/0A1 za,, /� 677-302-002 677-302-003 677-302-004 Rosa Gonzale Juana Munoz Teresita De Jesus Ramirez & Teresita 30334 San ntonio Or 30366 San Antonio Or 30556 San Joaquin Or Cathedr City, CA 92234-6075 Cathedral City, CA 92234-6075 Cathedral City, CA 92234-5058 677-301-009 677-301-010 677-301-011 Raul Nunez Juan & Maria Rios Saturnino Hernandez 30346 San Joaquin Or 30310 San Joaquin Or 30311 San Antonio Or Cathedral City, CA 92234-5059 Cathedral City, CA 92234-5059 Cathedral City, CA 92234-6076 677-301-012 677-301-013 677-301-014 Chan &Zoila Juarez Lorena Cas eda Esteban Aguero & Maria Medina 30345 San Antonio Dr 30387 S Antonio Or 30411 San Antonio Or Cathedral City, CA 92234-6076 Cath ral City, CA 92234-6076 Cathedral City, CA 92234-6027 677-301-015 677-301-016 677-301-017 Filiberto Moreno Simon & Luz Serrano Philip & Grace Palacios 30441 San Antonio Or 30473 San Antonio Or 30499 San Antonio Or Cathedral City, CA 92234-6027 Cathedral City, CA 92234-6027 Cathedral City, CA 92234-6027 677-301-018 677-322-001 677-322-002 Gabriel Ortiz Hector Nuno Gerald & Barbara Houcek 30523 San Antonio Or 30606 San Antonio Or 30632 San Antonio Or Cathedral City, CA 92234-6077 Cathedral City, CA 92234-6028 Cathedral City, CA 92234-6028 677-322-003 677-321-007 677-321-008 Samuel Cabrera & Yvonne Garcia Cal Adolfo & Maria Mitre Dia Cj Better Ways Investments Llc 68845 Panorama Rd 28460 Avenida Condesa 32090 Rancho Vista Or Cathedral City, CA 92234-3857 Cathedral City, CA 92234-3703 Cathedral City, CA 92234-4358 677-321-011 677-321-012 677-321-013 Maria Villa Simon & Hilda Rosas Carlos Fregoso 30673 San Antonio Dr 30645 San Antonio Or 30617 San Antonio Or Cathedral City, CA 92234-6029 Cathedral City, CA 92234-6029 Cathedral City, CA 92234-6029 677-322-006 677-322-007 677-322-008 Augusto Ga Jesus Gonzalez Carlos & Yoland artinez 30643 San abriel Cir W 30615 San Gabriel Cir W 30601 San G rieI Cir W Cathedr City, CA 92234-6062 Cathedral City, CA 92234-6062 Cathedra ity, CA 92234-6062 677-322-009 677-322-010 677-321-009 Cesar&Aurora Garcia Jose Munoz Rofolfo & Sanjuana Valdez 30750 San Antonio Or 30648 San Antonio Or Po Box 903 Cathedral City, CA 92234-6002 Cathedral City, CA 92234-6028 Cathedral City, CA 92235-0903 677-302-014 677-301-008 677-321-014 Martin Hernandez Greg Lang Water Desert Po Box 2335 74478 Highway 111 224 Po Box 1710 Cathedral City, CA 92235-2335 Palm Desert, CA 92260-4112 Palm Springs, CA 92263-1710 S. r'3 /�F - J f/Pits 7.0.E {�7 Ci 4elA A J c J 677-321-005 677-321-010 677-322-005 Miguel Ramirez Sonia Sanchez Bobby & Dyan Henkel Po Box 752 1441 E Bogert TO 15688 Gulfstream Ave Palm Springs, CA 92263-0752 Palm Springs, CA 92264-9669 Fontana, CA 92336-4152 677-640-017 677-640-018 677-640-019 Standa�Pific Corp Standard cific Corp Standard Corp TecDr 26 Te ology Dr 26 Te ology Dr Irvi CA 92618-2301 rv' CA 92618-2301 Irvi CA 92618-2301 677-640-020 677-640-02 677.640-022� Standard cific Carp Standar acific Corp Standarcific Corp 26 Te nology Dr 26 T nology Dr 26 T nology Dr Irvi e, CA 92618-2301 Iry e, CA 92618-2301 IPA6e, CA 92618-2301 677-640-02 677-301-019 Standar, acific Corp Jimmy Vega &Yesenia Sanchez 26 T nology Dr 2924 Brunswick Cir 71 Labels Printed Irv' e, CA 92618-2301 Corona, CA 92879-6119 �� __ MfJDCCiIPID, MR PETE MORUZZI PALM SPRINGS MODERN COMMITTEE ' {IlpRt�'SI `FY�P A=D� '��; P.O. BOX 4738 .r. _ PALM SPRINGS, CA 92263-4738 x CITY OF PALM SPRINGS CASE 5.1315 CUP MRS. JOANNE BRUGGEMANS PLANNING SERVICES DEPARTMENT °— ATTN SECRETARY 15.1315 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92262 MS PATRICIA GARCIA MS MARGARET PARK, DIRECTOR TRIBAL HISTORIC PRESERVATION AGUA CALIENTE BAND OF CAHUILLA OFFICER s"c INDIANS AGUA CALIENTE BAND OF CAHUILLA PLANNING& DEVELOPMENT DEPT. INDIANS 5401 DINAH SHORE DRIVE 5401 DINAH SHORE DRIVE PALM SPRINGS,CA 92264 PALM SPRINGS, CA 92264 SOBOBA BAND OF LUISENO INDIANS MR FRANK TYSEN ATTN:JOSEPH ONTIVEROS £ L CASA CODY INN CULTURAL RESOURCES MANAGER a 175 S. CAHUILLA ROAD ,'e,�,-, s, P.O BOX 487 PALM SPRINGS, CA 92262 SAN JACINTO, CA 92581 ti " MR MIKE HAYES EF sx ,, SPECTRUM SERVICES DESERT WATER AGENCY P.O. BOX 1710 �,� 4405 E.AIRPORT DRIVE, STE. 100 ONTARIO, CA 91761 PALM SPRINGS, CA 92263 ui' L� 1��fi NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CONDITIONAL USE PERMIT 5.1315 & VARIANCE 6.531 SPECTRUM SERVICES (VERIZON WIRELESS) DESERT WATER AGENCY SITE ON SAN JOAQUIN DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of May 20, 2015. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an application by Spectrum Services representing Verizon Wireless, for a Conditional Use Permit to install a fifty-five (55) foot tall commercial communication antenna. The hearing will also include a Variance request to increase the antenna height forty (40) feet above the permitted fifteen (15) feet for the property located at the Desert Water Agency Site on San Joaquin Drive adjacent to Escena Golf Club and 711-feet north of San Jose Avenue, Zoned M-1-P. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA). REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at City Hall between the hours of 8:00 a.m. and 6:00 p.m. Monday through Thursday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the Planning Commission by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. (Government Code Section 65009[b][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Glenn Mlaker, Assistant Planner, at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Felipe Primera telefono (760) 323-8253. ;im"esThompson, City Clerk 62 w OPPRLM Jp4% N N Department of Planning Services w E *a�... Vicinity Map C'P�IPORN`p S L L� �MOiIF WAY -RUBY WAY i -� DWMONDRD SHAVE 1 - ....ALCALA WAY CLU9Npp- y SA IN NioE0,DR 14pwp� r _ i Z WP C� O rc c �. R,YF ;aof i - 9GT eZ _ O M9P (A t � SAN JOSE DR' -......., WP yr Legend Poi, vy c centerline Gp Q9 500 FT. ®Site CITY OF PALM SPRINGS 63 Cindy Berardi From: Joanne Bruggemans Sent: Thursday, May 07, 2015 5:09 PM To: Cindy Berardi Cc: Glenn Mlaker Subject: Case 5.1315 CUP &6.531 VAR - Spectrum Services Attachments: CC PHN CUP Case 5 1315 May 20 2015.pdf Hi Cindy, There are no neighborhood organizations within the% mile radius. Thanks, 4"1'" Joanne Bruggemans City of Palm Springs Planning Services Department 3200 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Phone: (760) 323-8245 Fax: (760) 322-8360 Email: Joanne.bruggemans@oalmsoringsca-aov t 64 RECEIVED OF PALM STATE OF CALIFORNIA-THE RESOURCES AGENCY DEPARTMENT OF FISHAND GAME 2015 SEP 17 PM 6: 34 ENVIRONMENTAL FILING FEE CASH RECEIPT JAFIc$ 7'NQt1r Receipt#: 15-107631 CITY CLERK State Clearinghouse# (if applicable): Lead Agency: CITY OF PALM SPRINGS Date: 08/06/2015 CountyAgencyofFiling: RIVERSIDE DcunentNo. E-201500717 Project Title: VERIZON WIRELESS- NIGHTSHADE-55 FOOT TALL MONOPALM Project ApplicantName: SPECTRUM WERVICES REPRESENTING VERIZON Powmumber. (760) 323-8245 - Project ApphcantAddress: C/O 3200 EAST TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 Project Applicant: PRIVATE ENTITY CHECKAPPLICABLE FEES: ❑Environmentallmpact Report ❑Negative Declaration ❑Application Fee WaterDiversion(State WaterResources Conlrol Board Only) ❑Project Subject to Certif ed Regulatory Programs ®CountyAdministrationFee $50.00 ❑Project that is exempt from fees(DFGA'o Effect Determination (Form Attached)) ®Project that isexemptfromfees(Notice o(Fxemption) Total Received $50.00 Signature and title ofperson receiving payment Deputy Notes: ACR 533(Est.12/2013) Notice of Exemption Appendix TO: Office of Planning & Research FROM: Planning Services Department 1400 Tenth Street-Room 212 City of Palm Springs Sacramento, California 95812-3044 3200 East Tahquitz Canyon Way Palm Springs, California 92262 X County Clerk-County of Riverside 2720 Gateway Drive Riverside, California 92507 Project Title: Verizon Wireless— Nightshade—55 foot tall monopalm Project Location: Desert Water Agency Site on San Joaquin Drive—APN 677-270-036 Description of Project: Construction of a 55 foot tall monopole designed as a palm tree and 900-square foot equipment enclosure with 8 foot tall block wall. Name of Public Agency Approving Project: City of Palm Springs, Planning Department Name of Person or Agency Carrying Out Project: Spectrum Services representing Verizon Wireless Exempt Status: (Check One) Ministerial (Section 21080(b)(1); 15268: X Categorical Exemption CEQA Section 15303 Declared Emergency (Section 21080 (b)(3); 15269(a); Emergency Project(Section 21080 (b)(4); 15269(b)(c); Reasons why project is exempt: The project qualifies as a Categorical Exemption pursuant to Section 15303 New Construction of Small Structures of the California Environmental Quality Act. Per the General Rule exemption criteria, the City first determined that the activity is a project subject to CEQA (Guidelines Section 15378(a)(1), but after review of the project determined that it does not have the potential for causing a significant effect on the environment. Categorical Exemption Section 15303 consists of projects characterized as new construction of small structures meeting the following conditions: (c) A structure not involving the use of significant amounts of hazardous substances, and not exceeding 2,500- square feet in floor area. In urbanized areas the exemption also applies to up to four commercial buildings not exceeding 10,000-square feet of floor area in sites zoned for such use if not involving significant amounts of hazardous substances where all necessary public services and facilities are avai!ab!e and the surrounding area is not environmentally sensitive. The subject project site has a General Plan designation of I (Industrial) and is zoned M-1-P (Light Industrial) zone. This project is consistent with both the General Plan and Zoning. The subject site has not been identified as a site that has value as a habitat for endangered, rare or threatened species. The approval of this project would not result in any significant effect relating to traffic, noise, air quality, or water Quality. The site will be served by Southern California Edison Company (Electric), Veolia Water Company (Sewer), Desert Water Agency (Water), Verizon (Telephone), Southern California Gas Company(Gas), and the City of Palm Springs Police And Fire Departments. Lead Agency Contact Person: Glenn/Mlaker Telephone: (760) 323-8245 Signature � ' rv `� Date: —7/�_j(/ Y— F I L E D / P O S T E D County of Riverside Peter Aldan& Assessor-County Clerk-Recorder E-201500717 08/06/2015 11 '51 An Fee: 50.00 Page �EPP�,+.R11 4u■LL,`200151JY�1 Remove ,IY�h Y'Y�.Ii11III leY