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HomeMy WebLinkAbout23678 RESOLUTION NO. 23678 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT FOR THE INSTALLATION AND OPERATION OF TWO FIFTY-SEVEN FOOT HIGH COMMERCIAL COMMUNICATION ANTENNA MONOPALMS, AND A VARIANCE APPLICATION TO EXCEED THE MAXIMUM ANTENNA HEIGHT FOR A VACANT PARCEL LOCATED AT 3430 N. SUNRISE WAY; WEST OF GOLDEN SANDS MOBILE HOME PARK AND LANDLOCKED BY PALM SPRINGS GOLF COURSE (CASE NOS. 5.1321 CUP AND 6.533 VAR). WHEREAS, CIG Wireless ("Applicant') has filed an application on behalf of Douglas C. Jones ('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 two telecommunication facilities, including sixty-six foot tall MONOPALMS (designed as palm trees) and equipment shelters located at 3430 North Sunrise Way, APN: 669-480- 010, "O" Zone, Section 36; 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. 5.1321 CUP and Variance, Case No. 6.533 VAR was given in accordance with applicable law; and WHEREAS, on September 24, 2014, a public hearing on the application for the subject Conditional Use Permit and Variance applications was held by the Planning Commission in accordance with applicable law; and after receiving public testimony and all evidence in connection with the project, the Planning Commission voted 6-0 to recommend approval of the proposal, subject to conditions; 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. 5.1321 and Variance Case No. 6.533 was given in accordance with applicable law; and WHEREAS, on October 15, 2014, a public hearing on the application for Conditional Use Permit Case No. 5.1321 and Variance Case No. 6.533 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3 — New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA); and Resolution No. 23678 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. State law requires four (4) findings be made for the granting of a variance. Pursuant to the procedure set forth in Section 94.06.00 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 is surrounded by low density development and landscaping which inhibit cellular frequency at a height of thirty-six feet. The applicant has provided radio frequency maps that display coverage of an antenna at thirty-six (36) feet and fifty-seven (57) feet. It has been determined that the applicant has sufficiently demonstrated that a height of 57-feet will provide greater coverage over a 36-foot tower and the finding has been met. 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 variance request for monopalms at fifty-seven (57) feet tall will not constitute a granting of special privilege being that similar towers exist at comparable heights, including 3601 E. Mesquite Avenue and 2050 Executive Drive. The proposed tower will be designed in a similar manner. Therefore, the approval of this Variance would not constitute a special privilege and finding has been met. 3) The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The monopalms will be structurally engineered in accordance with all applicable codes for the proposed heights and locations. The towers at fifty-seven (57) feet will be consistent as compared to other existing monopalms. Therefore, the Resolution No. 23678 Page 3 project is likely to not 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 93.08.03(B) of the PSZC, in cases involving applications for height limit variances, no such variance shall be granted unless the director makes make 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 has provided coverage maps showing that the height limit of thirty- six (36) feet will not provide satisfactory coverage for the proposed area and that the height of fifty-seven (57) feet will achieve and maintain satisfactory communications. SECTION 3. Pursuant to Zoning Ordinance Section 94.02.00, the City Council 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 "O" 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 MDR (Medium Density Residential). 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 residential uses and the development of adequate cellular phone levels of service to benefit of the community. Resolution No. 23678 Page 4 The proposed facilities will be developed on a 1.33-acre site. Live palm trees will be planted to soften the appearance of the facilities. Therefore, the proposal is not likely to be detrimental to existing or future uses permitted in the zone. 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 overall site is 1.33-acres in size. An access easement will be provided for exclusive ingress / egress to site, which will adequately serve the proposed facility. The associated equipment will be screened behind a 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 likely to have no significant impact on the proposed project site or its immediate surroundings. Conditions to ensure the protection of public health, safety and general welfare have been met through setbacks, screening and new landscaping. NOW, THEREFORE BE IT RESOLVED that the City Council approves Conditional Use Permit Case No. 5.1321 and Variance Case No. 6.533, to install and operate two telecommunications monopalms and related equipment at a vacant parcel of land located on the west side of the Golden Sands Mobile Home Park and landlocked by Palm Springs Golf Course, addressed at 3430 N. Sunrise Way; subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED THIS 15T" DAY OF OCTOBER, 2014. David H. Ready, City Man ATTEST: mes Thompson, City Clerk Resolution No, 23678 Page 5 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. 23678 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 15th day of October, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: Councilmember Mills. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California IZ/ Resolution No. 23678 Page 6 EXHIBIT A CONDITIONAL USE PERMIT CASE NO. 5.1321 VARIANCE CASE NO. 6.533 CIG WIRELESS ON BEHALF OF DOUGLAS C. JONES 3430 N. SURNISE WAY OCTOBER 15, 2014 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, 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. PROJECT SPECIFIC CONDITIONS PSP 1. Monopalm Structure Heights. Monopalm structure heights shall not exceed fifty-seven (57) feet in overall height. PSP 2. Monopalm Structure Design. Monopalms shall not include any design enhancements. PSP 3. Additional Planting. A total of ten Washingtonia Robusta palm trees shall be planted around the facilities at the time of construction. All palm trees shall be within five to ten feet of the Monopalm maximum height. Trees shall be irrigated and maintained at all times. PSP 4. Block Wall Enclosure. The block wall surround shall be a split-face block design. PSP 5. Monopalm Locations. Prior to issuance of building permits, the applicant shall coordinate a final location of the Monopalm structures with the Director of Planning Services. The final location shall be located on the subject property and consider recreation / community areas of adjacent properties. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1321 CUP and 6.533 VAR, except as modified by these conditions. Resolution No. 23678 Page 7 ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped January 9, 2014, including site plans, architectural elevations and colors on file in the Planning Division except as modified by the approved by conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City, County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance With the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1321 CUP and 6.533 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. The time limit for commencement of use or construction under a conditional use permit shall be two (2) years from the effective date of approval. Extensions of time may be approved by the commission upon demonstration of good cause by the applicant. Resolution No. 23678 Page 8 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. ADM 9. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 10. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. PLANNING DEPARTMENT CONDITIONS PLN 1. Signage. Signage is prohibited on the exterior of the Monopalm structures. PLN 2. Landscape. Prior to final inspection, the applicant plant all landscaping in accordance with the approved landscape plan and these conditions. PLN 3. 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 4. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 5. Modification or Addition. If the communication antenna(s), Monopalm 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 6. 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 7. 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 8. Antenna Structure Height. The maximum height of the commercial communications antenna structures shall be fifty-seven (57) feet, as measured from finished grade to the highest point of the structure. PLN 9. Valid Lease Agreement Required. If the lease agreement between the property owner and the applicant expires and is not renewed, the CUP will Resolution No. 23678 Page 9 become null and void, and the applicant shall remove the antenna and equipment to the satisfaction of the Director of Planning Services. PLN 10. Use Abandonment. If the antenna(s) and/or monopalm are ever abandoned or if this Conditional Use Permit ever expires, the monopalm and antenna(s) shall be removed within 30 days. PLN 11. FAA & FCC Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). PLN 12. Antenna Visibility and Safety. The City reserves the right to require, at any time in the future, one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of the pole / fronds if deemed necessary by the Director of Planning Services. PLN 13. Co-location. The applicant/ operator of the facility shall agree to allow the co- location of equipment of other wireless communications providers at this site when applications are received by the City and it is considered feasible, subject to an agreement between the applicant / operator, the other proposed wireless communications provider and the property owner. 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