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HomeMy WebLinkAbout23558 RESOLUTION NO. 23558 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, CASE NO. 5.1314, TO INSTALL A FORTY-EIGHT FOOT HIGH WIRELESS COMMUNICATIONS ANTENNA AND VARIANCE, CASE NO. 6.530, TO EXCEED MAXIMUM ANTENNA HEIGHT FOR THE PROPERTY LOCATED AT 2101 SAHARA ROAD. WHEREAS, Spectrum Services for Verizon Wireless ("Applicant') has filed an application on behalf of Douglas C. Jones ('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 forty-eight foot high commercial communications monopole designed as a palm tree, an equipment enclosure and block wall located at 2101 Sahara Road, APN: 501-351-001, P Zone, Section 1; 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. 5.1314 and Variance Case No. 6.530 was given in accordance with applicable law; and WHEREAS, on May 14, 2014, a public hearing on the application for Conditional Use Permit Case No. 5.1314 and Variance Case No. 6.530 was held by the Planning Commission in accordance with applicable law; and pP , WHEREAS, on May 14, 2014, the Planning Commission recommended conditional approval of Conditional Use Permit Case No. 5.1314 and Variance Case No. 6.530 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. 5.1314 and Variance Case No. 6.530 was given in accordance with applicable law; and WHEREAS, on June 4, 2014, a public hearing on the application for Conditional Use Permit Case No. 5.1314 and Variance Case No. 6.530 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 City Council Resolution No. 23558 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 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 forty-eight (48) feet. Staff has determined that the applicant has sufficiently demonstrated that a 48 foot tall tower will provide greater coverage over a 15 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 a monopalm at 48 feet tall will not constitute a granting of special privilege being that similar towers at 55 feet exist on the same parcel. The proposed tower will be designed as a Fan Palm tree in similar style as two other existing monopoles. Therefore, the approval of this Variance would not be constitute a special privilege and finding has not 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 monopalm will be structurally engineered in accordance with all applicable codes for the proposed height and location. The tower as proposed at 48 feet will be consistent as compared to other existing site monopalms and live palm trees. Therefore, the project will not be materially detrimental to the public health, City Council Resolution No. 23558 Page 3 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 convincing evidence showing that the height limit of forty-eight (48) feet will provide increased coverage necessary to compete with other wireless communication carriers. The greater height does outweigh the adverse effects of a 70 foot monopalm. 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 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 Office. 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 City Council Resolution No. 23558 Page 4 residential uses and the development of adequate cellular phone levels of service to benefit of the community. Other telecommunication facilities located on the same parcel are similar in height at fifty-five (55) feet. Further, live palm trees exist and are similar in height to the existing and proposed 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. A twelve (12) foot wide non-exclusive access easement will be provided for exclusive ingress / egress to site. This easement will adequately serve the proposed facility. The use will occupy only a small portion of the entire parcel, therefore, the easement 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. The proposed tower height is similar to existing towers on site and in similarly zoned properties. NOW, THEREFORE BE IT RESOLVED that the City Council approves Conditional Use Permit Case No. 5.1314 and Variance Case No. 6.530, to install and operate telecommunications monopole and related equipment at 2101 Sahara Road, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. City Council Resolution No. 23558 Page 5 ADOPTED this 4th day of June, 2014. David H. Ready, Ci ager ATTEST: ames Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23558 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 June 4, 2014 by the following vote: AYES: Councilmember Foat, Councilmember Mills, Councilmember Lewin, Mayor Pro Tern Hutcheson and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. ames Thompson, City Clerk City of Palm Springs, California 67/Z i/2014 City Council Resolution No. 23558 Page 6 EXHIBIT A CONDITIONAL USE PERMIT CASE NO. 5.1314 VARIANCE CASE NO. 6.530 SPECTRUM SERVICES /VERIZON WIRELESS 2101 SAHARA ROAD JUNE 4, 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 9 p 9 p e 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 5.1314 CUP and Case 6.530 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 April 10, 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 City Council Resolution No. 23558 Page 7 Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1314 CUP and Case 6.530 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. City Council Resolution No. 23558 Page 8 PLANNING DEPARTMENT CONDITIONS PLN 1. Si na e. Signage is prohibited on the exterior of the monopole structure. PLN 2. (Deleted) PLN 3. (Deleted) 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 incorporate the following comments from the review of the project by the City's Architectural Advisory Committee: a. Trees shall consist of fan palms (not date palms) b. Relocate tower out of setback c. Three (3) palms be planted to screen, 25' to 30' tall d. Landscape around screen wall to be Palo Verde or similar PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 7. Outdoor Display of Merchandise. Unless specifically permitted by Land Use Permit, all driveways and parking areas shall remain clear of merchandise display at all times. Violations to this condition may result in fines, CUP revocation proceedings or other actions as deemed appropriate by the City. PLN 8. Modification or Addition. If the communication antenna(s), monopole or equipment cabinets are ever proposed to be modified in any manner such as the inclusion of other antennas, satellite dishes and / or other support equipment, the proposed modifications shall be submitted to the Director of Planning Services for review and approval prior to installation. PLN 9. Obsolete Technology. If the technology regarding the communications antenna(s) changes in where the antenna(s) and / or equipment cabinets as approved become obsolete, then the antenna shall be removed. PLN 10. Property Use and CUP. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application pursuant to Section 94.02.00(I) of the Zoning Code. PLN 11. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be forty-eight feet, as measured from finished grade to the highest point of the structure. City Council Resolution No. 23558 Page 9 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 (RCALUC). The applicant and property owner shall comply with all RCALUC conditions contained within their letter dated April 10, 2014. PLN 18. City Council Addition 1. Street edge to be enhanced with additional landscaping between wall and curb, continuously maintained, subject to approval by the Planning Department. PLN 19. City Council Addition 2. A six foot high wrought iron fence to close off passageways shall be installed between enclosures. POLICE DEP ARTMENT CONDI TIONS 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