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HomeMy WebLinkAbout23633 RESOLUTION NO. 23633 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT, CASE NO. 5.1324, TO INSTALL A FIFTY FOOT TALL WIRELESS COMMUNICATIONS ANTENNA AND VARIANCE, CASE NO. 6.534, TO EXCEED MAXIMUM ANTENNA HEIGHT FOR THE PROPERTY LOCATED AT 4721 EAST PALM CANYON DRIVE. WHEREAS, Spectrum Services for Verizon Wireless ("Applicant') has filed an application on behalf of Don Chikasawa ("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 4721 East Palm Canyon Drive, APN: 681-170-148, CDN Zone, Section 30; 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. 5.1324 and Variance Case No. 6.534 was given in accordance with applicable law; and WHEREAS, on June 25, 2014, a public hearing on the application for Conditional Use Permit Case No. 5.1324 and Variance Case No. 6.534 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on June 24, 2014, the Planning Commission recommended conditional approval of Conditional Use Permit Case No. 5.1324 and Variance Case No. 6.534 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. 5.1324 and Variance Case No. 6.530 was given in accordance with applicable law; and WHEREAS, on July 16, 2014, a public hearing on the application for Conditional Use Permit Case No. 5.1324 and Variance Case No. 6.534 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 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. City Council Resolution No. 23633 Page 2 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 94.06.01 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 contains buildings and landscaping which inhibit cellular frequency at a height of fifteen feet. The applicant has provided radio frequency maps that display coverage of an antenna at fifteen (15) feet, and fifty (50) feet in height. Staff has determined that the applicant has sufficiently demonstrated that a 50 foot tall tower will provide greater coverage over a 15 foot tower and the finding has not 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 subject property as compared to similar sites located in a commercial area adjacent to a residential community has received height variances for antennas at 50 feet and under. Therefore, the approval of this Variance is consistent with past approvals and finding has not been met. 3) The granting of the variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The monopole will be structurally engineered in accordance with all applicable codes for the proposed height and location. The tower as proposed at 50 feet will be consistent with other monopoles located within the City. Therefore, the project is not likely to be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the area. City Council Resolution No. 23633 Page 3 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 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 convincing evidence to include coverage maps showing that the height limit of fifty (50) feet will provide increased coverage necessary to compete with other wireless communication carriers within the Rimrock Center. SECTION 3. Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: 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 CDN zone with the approval of a Conditional Use Permit. b. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The General Plan designation of the subject site is Neighborhood Community Commercial. The General Plan does not specifically regulate the installation and operation of wireless communication facilities. The tower at 50 feet tall as proposed is compatible with this designation and will not cause a significant burden on the surrounding commercial and residential developments. Other City Council Resolution No. 23633 Page 4 telecommunication facilities located within the Rimrock Shopping Center are similar in height at forty-five (45) feet. Further, live palm trees exist and are similar in height to the existing monopalms. 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. Existing parking in the complex will adequately serve the proposed facility and existing commercial businesses. The use will occupy only a small portion of the site. 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 not likely 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. The proposed tower height is similar to previously approved heights for cell towers for similarly zoned properties. NOW, THEREFORE BE IT RESOLVED that the City Council approves Conditional Use Permit Case No. 5.1324 and Variance Case No. 6.534, to install and operate telecommunications monopole and related equipment at 4721 East Palm Canyon Drive, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 16th day of July, 2014. David H. Ready, C' gager ATTEST: ;James Thompson, City Clerk City Council Resolution No. 23633 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. 23633 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 July 16, 2014 by the following vote: AYES: Councilmember Foat, Councilmember Mills, and Mayor Pro Tern Hutcheson. NOES: Councilmember Lewin Mayor Pougnet . ABSENT: None. ABSTAIN: None. ames Thompson, City Clerk City of Palm Springs, California City Council Resolution No. 23633 Page 6 EXHIBIT A CONDITIONAL USE PERMIT CASE NO. 5.1324 VARIANCE CASE NO. 6.534 SPECTRUM SERVICES /VERIZON WIRELESS 4721 EAST PALM CANYON DRIVE JULY 16, 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. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1324 CUP and Case 6.534 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 July 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 5.1324 CUP and Case 6.534 VAR. The City of City Council Resolution No. 23633 Page 7 Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Comply with Citv Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 10, Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. City Council Resolution No. 23633 Page 8 PLANNING DEPARTMENT CONDITIONS PLN 1. Si na e. Signage is prohibited on the exterior of the monopole structure. PLN 2. Landscape. Prior to final inspection, the applicant shall plant one — 30 foot tall fan palm tree in turf area south of existing equipment shelter. The species shall be a Washingtonian Robusta Palm consistent with the appearance of the of the monopole structure. The location of the palm trees shall be approved by the Director of Planning Services or his / her designee. PLN 3. Off-street Parking Areas. Off-street parking areas shall be maintained in conjunction with the Rimrock Shopping Center. PLN 4. Outdoor Lighting Conformance. Exterior lighting shall conform to Section 93.21.00, Outdoor Lighting Standards, of the Palm Springs Zoning Code. Manufacturer's cut sheets of all exterior lighting shall be submitted to the Planning Department for approval prior to the issuance of building permits. No lighting of hillsides is permitted. PLN 5. Conditions Imposed from AAC Review. The applicant shall be required to: a. Plant one Washingtonian Robusta Palms at least 30 feet high and b. Paint the pole to blend with the surrounding hillside as approved by the Director of Planning Services. 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. City Council Resolution No. 23633 Page 9 PLN 11. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be fifty feet, as measured from finished grade to the highest point of the structure. PLN 12. Valid Lease Agreement Required. If the lease agreement between the property owner and the applicant expires and is not renewed, the CUP will become null and void, and the applicant shall remove the antenna and equipment to the satisfaction of the Director of Planning Services. PLN 13. Use Abandonment. If the antenna(s) and/or monopole are ever abandoned or if this Conditional Use Permit ever expires, the monopole and antenna(s) shall be removed within 30 days. PLN 14. FAA & FCC Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). PLN 15. Antenna Visibility and Safety. The City reserves the right to require, at any time in the future, one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of the pole / fronds if deemed necessary by the Director of Planning Services. PLN 16. Co-location. The applicant / operator of the facility shall agree to allow the co- location of equipment of other wireless communications providers at this site when applications are received by the City and it is considered feasible, subject to an agreement between the applicant / operator, the other proposed wireless communications provider and the property owner. PLN 17. Riverside County Airport Land Use Commission (RCALUQ. The applicant and property owner shall comply with all RCALUC conditions contained within their letter dated February 5, 2014. 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