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Home My WebLink About6/18/2014 - STAFF REPORTS - 00 Date: June 17, 2014 To: Mayor Pougnet and Palm Springs City Council Members City of Palm Springs 3200 East Tahquitz Canyon Way Palm Springs, California 92262 From: Claudio Zanet& David Meckley 2659 McCarn Road Palm Springs, California 92262 Re: Conditional Use Permit 5.0969&Variance 6.638 Proposed new Cell Tower at Vista Del Monti Elementary School Dear Mayor Pougnet, Mayor Pro Tem Hutcheson, and Council Members Foat, Lewin & Mills, Please accept this letter as our formal comment and objection to the proposed project at 2744 North Via Miraleste for both the conditional use and variance referenced above. We strongly object to the new four carrier cell tower being proposed by the Palm Springs Unified School District (PSUSD) and Sprint for the Vista Del Monti Elementary School at 2744 North Via Miraleste property and the proposed height variance of 85 feet which is 70 feet over the current permitted height restrictions. The tower will quite literally tower over the entire historic Racquet Club Estates and Victoria Park. The proposed project is completely out of scale with the residential neighborhood composed of single level individual family units of approximately 1,200 square feet and 15 foot in height-please refer to the attached black and white drawings provided by the PSUSD to better understand proposed project scale, as well as, the color renderings which deceptively minimize the projects impact. History is actually repeating itself in regards to this tower. The PSUSD erected a similar single carrier cell tower on the very same property in 2005 with no neighborhood involvement. That tower has caused major controversy due to parent's and teacher's health related fears about its proximity to the classrooms and neighbors anger over the obstruction of views and the loss of value to their property (please see attached project history timeline). Now the PSUSD and Sprint want to erect another tower, as well as an 1,800 square foot equipment enclosure(larger than a majority of the surrounding homes) with virtually no input from the neighborhood or parents. Quite the opposite, the PSUSD is taking advantage of a loophole in the city's planning code by classifies the project as a"Relocation"verses"New Construction"which severely limits the opportunity for public comment prior to the Palm Springs Planning Commission's review. At that Planning Commission meeting the commissioners were told by the PSUSD that both parents and teachers had been informed by the school Principal and were supportive of the project, however, the school's Principal told us directly that he had not had any contact with either group on this matter.Additionally, despite the PSUSD stating that they are"trying to be good neighbors" at the Planning Commission meeting, they limited their contact with neighbors only to the required 10 day Planning Commission notice for properties within 500 feet while the proposed tower will be clearly visible to anyone within 2,000 feet. P��iG t✓lJwlwl�f The current unobstructed view of the mountains along with the historic Mid-Century Modern character of the neighborhood is what attracted us to purchase and invest substantially in Palm Springs.When choosing our particular home directly adjacent to the school we weighted the knowledge that the schools presence would limit the possibility of development directly behind our property against the additional noise, constant litter and general loss of privacy when determining to invest. Obstructing the view will leave us with only those negative attributes. We discussed the proposed tower with several real estate professionals and they estimated that the proposed location and height could reduce the value of our property by as much as 15% to 20% (which equates to approximately$90,000 to$120,000 in today's market). We would not have purchased this home if there was a giant tower in the direct line of sight of the mountains. We understand that the PSUSD needs increased funding and we recognize the desire for cell service, but we believe that there are ways to achieve both without compromising the neighborhood's character and owner's property values. The current plans have been pushed through this process without adequate input from the neighborhood,without adequate investigation of alternatives or consideration for the impact on the community. Palm Springs has a reputation for protecting all the citizens' rights to enjoy its natural beauty going back to the days when Ruth Hardy foresaw the need to restrict street lights so that the stars could be viewed at night. New technologies should not take precedent over this philosophy. The current cell tower is a blight on the neighborhood and should be removed—but is replacing it with another really the only solution?Therefore we urge you to reject the current plans and tell the Palm Springs Unified School District to work directly with the neighbors and parents to develop a suitable solution for everyone, Sincerely, ` ��/-� Claudio Zanet & David Meckley Vista Del Monti Elementary School, Palm Springs, California Cell Tower: Project History Original Tower • 2002: PSUSD installed an 85' single pole to hold a DragonWave 23Ghz microwave communication disc which allowed them to connect directly to another disc at the Palm Springs High School. This allowed for direct internal communication with the school district. Pole and equipment are minor and there is no reaction from either neighborhood or parents. Current Tower • 2005: PSUSD establishes a contract with Sprint Communications to add cell phone antenna equipment to the tower. Sprint determines that the current pole is not adequate to hold the equipment and designs a new lattice style tower for the property. Taking advantage of a planning code loophole which designates the new tower as a"Relocation" rather than "New Construction" and the reduced summer population to quietly work through the SF Planning Review process. The PSUSD erects the new tower over the summer of 2005 with virtually no notification to the public. Parents and teachers are shocked upon their return from summer recess to find the new tower erected within a courtyard between classrooms. Neighbors are outraged due to the obstruction of their views and reduction of property values, but have no legal recourse since the PSUSD went through the proper code process. • 2007—2011: After 8 Vista Del Monti teachers and 1 student develop various forms of cancer, parents and teachers begin to question if the dose proximity of the cell antennas could be putting students and staff at risk. To quell fears the PSUSD spends$15,000 investigation if the cell towers proximity to the classrooms has any correlation to the illnesses. The study concludes it does not, but both parents and teachers continue to be concerned. Proposed Tower • 2013: The school receives an inquiry from AT&T regarding adding additional cell antennas to the tower. Simultaneously, Sprint requests to update their tower equipment from 3G to 4G technology. Realizing this would be an opportunity to potentially increase their revenue and possible alleviate some of the proximity concerns PSUSD begins the planning process for a new 4 carrier tower, moving it slightly further from the classrooms to the edge of its property near Victoria Park. Note: 1. The school's DragonWave 23Ghz microwave communication disc is performing fine in its current location. There is no technical need to relocate it. Additionally, it is outdated technology and could be replaced with equipment that does not require a direct line of sight connection. 2. The current tower is capable of accommodating Sprint's equipment upgrade so PSUSD can meet its current contractual obligation to them by allowing them to upgrade their equipment on the current tower. 3. The PSUSD own study indicated that the current tower equipment posed no danger to the health of students or teachers in its current location, so relocating tower to alleviate controversy is not a valid justification.Additionally, the new location does not remove the perceived health threat as it is still within dose proximity to classrooms and playgrounds. If anything it will increase parents and teachers concerns- auadruolina the perceived exposure by increasing the tower to 4 carriers over the current towers single carrier. Therefore: The only valid reason for the relocation is to increase the number of carriers and thus the revenue generated from the tower. Vista Del Monti Elementary School, Palm Springs, California Cell Tower: Project History (continued) • December of 2013: Representatives for the PSUSD meet with the Racquet Club Estates Neighborhood Association Board of Directors to discuss the proposed relocation. The project is described as a tower relocation, but with a new"stealth design" tower and a"small" equipment enclosure surrounded by"mature"trees. With this limited information, the Association has no major objections, but don't realize that later the PSUSD will use their lack of objection to demonstrate to the SF Planning Commission that the neighbors support the project. This is the only outreach made to the immediate neighborhood prior to the Planning Commission review and approval. • 2014: After 9 months of planning with virtually no input with neighbors, teachers or parents, PSUSD utilizes the same planning code loophole to once again "Relocate"the tower despite the addition of an equipment enclosure larger that the surrounding houses. By being considered a "Relocation" rather than"New Construction"the district is only required to notify residence within 500 feet of the site 10 days before the official review by the SF Planning Commission and not required to post signage on the site 30 days prior to said review. This means no notification to parent and teachers is required and very minimal neighbor notification. • May 12 2014: The project is reviewed with the PS Architectural Advisory Committee who asked for minor revisions to the look of the equipment enclosure. • May 15, 2014: Official notice announcing PS Planning Commission review of project on May 28, 2014 is mailed out to properties within 500' of school(arrives in mailboxes May 17, 2014). Technically, notification is 13 days ahead of review which complies with city planning code requirements of 10 day notice, but with PS City Hall being closed on Fridays and the Memorial Day holiday, neighbors have only 6 business days to review project and react. • May 27, 2014: PS Department of Planning Services posts its official Planning Commission Staff Report recommending approval of the project despite the fact that the PSUSD has failed to meet several of the required criteria. • May 28, 2014: Project is reviewed by PS Planning Commission. PSUSD and its representative make vague and misleading comments regarding the project necessity and neighborhood support. Planning Commissioners ask for several additional items to aid them in making their decision but are informed by PS' Director of Planning Services that the requested documents are not required. Surprisingly, PSUSD's own expert states that due to the flat neighborhood, cell antennas would only require a 35' mounting height. With little time to organize opposition, neighbor's voice is limited to a half dozen written letters. PS Planning Commission approves project but requests the PSUSD hold a public project review meeting with neighbors. • June 4, 2014: Official notification of the Planning Commission's requested Public Presentation of the Project to be held at 9:00 am on June 7, 2014 is mailed(arrived in mailboxes June 6, 2014— the day before meetinal. As legally required, notices were only sent to properties within 500 feet of school and only indicated that a project was being reviewed (no reference to the project being a new cell tower). Additionally, project was presented as already approved with no mention of requirement to still obtain City Council approval. • June 7,2014: Presentation of project to neighborhood. PSUSD officials answered questions but also presented project and being completely vetted and approved. No consideration for any an alternates would be entertained.When it was pointed out that the renderings create of the proposed project were deceiving they insisted that they were 100% accurate. 0 July 2, 2014: Project will be reviewed by City Council. LOCATION ��,'.t�.imofr•mimel:,,v• Pp OPOS EO oft PROPOSED MER MONOPOLE ArY .i ��.•1 J '� MONOPOLLE LOCATION Ib I ,# . --2 EXISTING - View hom the South IooMnO to the North . I ,•I REALITY bar WIRES - CONDUIT PkoP s o TREES OUT OF SCALE! • `� �' _ o UIPM METAL STRUCTURE L°CA7ONT 30' TALL BUT LOOK -- ENCLOSURE SHOWN MORE LIKE 60' ABOUT HALF IT'S DECEPTIVE RENDERINGS !! H PLANNED SIZE! catil~wr 2+ 2014 APPLICANT CONTACT BLUE WATER DESIGN Vista del Monte Elementary PLN Telecom Inc. The Pslmerin Group Inc. Oluewaterdesgn.net 9165 Judicial Drtw Unit 5418 Emte Palmerin milrea4&uawmer-desgn nel 2744 North Via Miraleste San Diego.CA 92122 41961 Pa Inplon Avenue,Suite 116 p714.473.2942 Palm Springs, CA 92262 Tameeute,CA 92690 Blue W.ltei 1 949.271.23% P 9"1297 11;1 0E SI C,14 LOCATION �4Kiomh^namlkYtn' PROPOSED P" DECEPTIVE RENDERINGS /fill j r ....0 ..:.: ......: PROPOSED s A � •:. I � - C MULTFCARRIER IN A MONOPOLE LOCATION RIGHT ON THE EDGE ' ci. '. OF VICTORIA PARK! • I ti ' TREES ARE WAY OUT 1, OF SCALE!THEYARE PLANTING 30'BUT ARE View from t60 Eaat looling to the weu +rBSHOWING 70'ONES �. w EXISTING WHAT S PROPOSED HOUSED IN EI. noun s` +lei ,� •- HEREM? Mi 1800 SQUARE FEET LARGER THAN MOST , "r HOUSES It I O91nMMW Wy t1,M11 APPLICANT CONTACT BLUE WATER DESIGN Vista del Monte Elementary PLN Telecom Inc. The PalmerIn Omup Inc. bluewaterdeslgn.net 9166 JudIdal DAve UrA 5418 Emle Palmorin mcIIGIWa luawatar-tlesapinel L 1+1 North Via ftihrf lCS:: San Diego,CA 92122 41961 Remington Avenue,Su60110 p714.473.2942 Palm Springs, CA 92262 TOmecule,CA92590 1949271.2316 _ Blue Water 0 i "I,:N p0. Sprint ' E• FRAMGIS __ ----_—_—__ o.wwkr� b — — — NATIONA z2! r. �.� m e _ J x[[nw�me. x Li m .rg000..aoear�wr"�"..xe 0000 Ji '.r...:.. :r::::::............_....�::�:::�:<,>: ;::iii:C�>:�:�:�:""'` VISTA DEL MONTE :.......:_..:.:. ELEMENTARY �.... ROPOSED SPRINT 27"N.WA MII ESTE LEASE AREA PALM SPRING ,CA 9U62 (AT GRADE LEVEL) Y•a s�VERALL SITE PLAN OVERALL SITE PLAN Sprint NATIONAL [ve�(�h mv.tlA w�da.[In onoelC o yc�mee �m Pa,W o ermapn a sl n.rn� e e IIMJ[[M1 V sslll D �. I �[[� VTIMI1�wFWVPYR rm[ n wui Eenu.' _ rr ELEMENTARY _ m 27"N.V W MIRALESTE PA PMNG .GB2282 ARCHITECTURAL ELEVATIONS PROPOSED NORTH ELEVATION 11 PROPOSED SOUTH ELEVATION ntir 2 .� A-2 Hero Banners/Palm Springs California Purpose: to honor all local residents of Palm Springs and Palm Springs Unified School District who in time of war gave their lives for our freedom. Sponsored by the Palm Springs American Legion Owen Coffman Post 519 World War II Korean War Leonard R. Bryant Russell G. Torres Owen B. Coffman Richard F. Gill Vietnam War Allen R. Hall Jr. Norval W. Kelly Jr. Robert Phillip Levin Steven J. Levi Thomas McKee Herbert H. Lienau Adam Serna Najar David K. Manson Roscoe Levert Prosky Pete Nila Dennis Dale Reed Stephen P. Pavel Gary Lee Saxton Earle B. Pinckard Joseph Lamar Stone Roaul Prieto Donald L. Young Albert J. Reaume Vernon M. Troutt Operation Iraqi Freedom Thomas Villa Benjamin Ward Ming Sun Operation Enduring Freedom Suresh Abayasekara Krause Lee Wilson Jr., Historian for the Palm Springs American Legion Owen Coffman Post 519 and Denise Goolsby, Military Affairs reporter for the Desert Sun want to collect pictures for hero banners and - information on our local KIA/MIA to create biographies to honor their service and sacrifice. Friends and family members of our honored heroes are requested to contact Wilson or Goolsby and loan them photos, information, memorabilia about their lives and service. All items will be scanned to use in articles and eventually a biography of all 27 of our heroes. All materials will be returned. Contact: Lee Wilson Jr. Palm Springs American Legion Post 519 Historian 400 N. Belardo Rd., Palm Springs 92262 h-760 327 6217 lwilsonCCD_dc.rLCOm Denise Goolsby Military Affairs Reporter Desert Sun denise.goolsbyCcDdesertsun.com Our goal is to make two banners for each of our 27 honored heroes: one for the Palm Springs Air Museum to display and the other to be donated to the city of Palm Springs to be displayed along Palm Canyon Drive during major patriotic holidays: Memorial Day, Fourth of July, and Veteran's Day, creating in effect a "Walk of Heroes." Banners cost $70 each. Hardware to mount them is $292. People wishing to donate to the Palm Springs Hero Banner Project can send a check made out to the Palm Springs American Legion Post 519. In the memo portion of the check write "Hero Banners." Mail to: Palm Springs American Legion, C/O Dave Stevely, Post 519 Financial Officer, 400 N. Belardo Rd. Palm Springs, CA 92262 http://www.americanlegionpalmsprings.oM/ �t z EJNP iief, � raira a �9. ,i. "" (f ilti9di13 Wedrtcsday, June 18, 2014 From: Lee Wilson Jr./CCHS U.S. History/PS American Legion Historian To: Palm Springs City Council Subj: Hero Banner Update Evening! I am Lee Wilson Jr., US and World History teacher at CCHS and the Palm Springs American Legion Post 519 Historian. I want to first thank the Palm Springs Air Museum for their generous support and efforts in the Hero Banner Program. I also want to thank David Vogel from the DIGICOM conference says hello and is giving me advice on putting together PSAs and preparing digital presentations on our local heroes. Last Memorial Day Weekend, I was with my girlfriend Margaret hanging out at the Legion. We walked around the corner to see our first four hero banners honoring Owen Coffman, Roaul Prieto, Ming Sun, and Suresh Krause. There were a lot of tourists in town that weekend. We were standing in front of Hamburger Mary's checking out our banners, watching people go by. I talked to a couple who were checking out our banners. Like a proud papa I went and talked to them telling what they are about. People freaked out! What a great idea! ETC...... However, Margaret and I noticed that most people were looking down checking out our city's Walk of Stars. Cool. Still I thought, wow, the city spends a lot of money on the walk of stars honoring philanthropists, business leaders, Hollywood types, radio celebs, etc....... I want to hang 27 hero banners honoring 27 local heroes who in time of war gave their lives for our freedom. Give people/visitors a reason to look up! A WALK OF HEROES! I also thought this won't cost the city a thing. Private funding will pay for it! This should be a no brainer. Please find a way to make this a city sponsored event as to avoid paying fees to display banners of our heroes. Thank you very much. LEE WILSON JR