HomeMy WebLinkAbout2/5/2014 - STAFF REPORTS - 1.A. January 28, 2014
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To Whom It May Concern:
I am writing to express my positive vote for the ATTV tower
proposed for East Palm Canyon Drive. The reception in this
area is very poor and this is very important to have this
installed.
Please give this the attention it deserves.
Thank you.
Douglas Baalson
2344 S Linden Way, Unit E
Palm Springs, Ca 92264
208-853-2441
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Cq<fFOQN�P CITY COUNCIL STAFF REPORT
DATE: February 5, 2014 PUBLIC HEARING
SUBJECT: AT&T MOBILITY ON BEHALF OF SHARON DEAN FOR A
CONDITIONAL USE PERMIT TO CONSTRUCT A WIRELESS
COMMUNICATIONS FACILITY CONSISTING OF A FORTY-EIGHT
FOOT TALL MONOPOLE DESIGNED AS A PALM TREE AND A
VARIANCE TO EXCEED THE MAXIMUM ANTENNA HEIGHT
PERMITTED FROM 15' TO 48' LOCATED AT 4185 EAST PALM
CANYON, ZONE C-2, SECTION 30. (CASE 5.1295 CUP / 6.528 VAR)
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council will consider a Conditional Use Permit and Variance application for the
construction and operation of a wireless telecommunications facility located at 4185
East Palm Canyon Drive. The proposal includes a forty-eight (48) foot high monopole
designed as a Date Palm Tree.
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 CONDITIONAL USE
PERMIT CASE NO. 5.1295 TO INSTALL A FORTY-EIGHT FOOT HIGH
WIRELESS COMMUNICATIONS ANTENNA AND VARIANCE CASE NO. 6.528
TO EXCEED MAXIMUM ANTENNA HEIGHT FOR THE PROPERTY LOCATED
AT 4185 EAST PALM CANYON DRIVE."
ISSUES:
• Variance is required to exceed antenna height limit of fifteen feet.
• Existing off-street parking areas need to be restriped.
ITEnA NO.
City Council Staff Report
February 5, 2014-- Page 2
Case Nos. 5.1295 CUP &6.528 VAR—AT&T Facility 4185 E. Palm Canyon Drive
BACKGROUND:
Planning Areas
Specific Plan None
Design Plan None
Airport Overlay Yes Zone E of Airport Influence Area, Riverside
County Airport Land Use Compatibility Plan
Indian Land None
Most Recent Ownership
11/27/2001 1 Applicant purchased the property.
Neighborhood Meeting
None Not Required
Field Check
Feb. Aug. Staff visited the site to observe existing conditions.
and Dec.
2013
Related Relevant City Actions by Planning, Fire, Building, etc...
2/25/2013 The Architectural Advisory Committee (AAC) tabled the project and
requested a redesign of the structure to appear as a high quality
monopalm, using an integral color block and providing enhanced
landscaping around the facility.
08/26/2013 The AAC recommended conditional approval:
• Add 5 palms within the bollard area pursuant to staff recommendation.
• Bollards to be painted more neutral color and allowed no closer than 7'
on center.
1/08/2014 The Planning Commission recommended conditional approval of the
Conditional Use Permit and Variance see attached meeting minutes).
Neighborhood Meeting
None Not required
Site Area
Net Area 99,316-square feet
02
City Council Staff Report
February 5, 2014--Page 3
Case Nos. 5.1295 CUP &6.528 VAR-AT&T Facility 4185 E. Palm Canyon Drive
Surrounding Existing General Plan Existing Land Use Existing zoning Designations
Property Designations
Subject Property RC (Regional Commercial Antique Furniture Stores C-2 General Commercial
North TRC (Tourist Resort Parker Hotel R-3 (Multi-family& Hotel)
Commercial
South RC Vacant Land C-2 and I.L. Indian Land
East RC Vacant Land C-2 and I.L.
West RC Automobile Dealership C-2
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PROJECT LOCATION
PROJECT DESCRIPTION:
The subject property is approximately 2.28 acres in size and located at the southeast
corner of East Palm Canyon Drive and Cherokee Way. A frontage road exists between
the site and East Palm Canyon Drive. Most of the parcel is developed, consisting of
four single story buildings, parking and landscaping; the rear portion is vacant land with
various native bushes.
The proposed wireless telecommunications facility will be located within the developed
portion of the site at the southwest corner. Structures consist of an equipment shelter
and a forty-eight foot tall monopole disguised as a Date Palm Tree. Twelve antenna
panels that are eight by one feet in size will be installed within the branch area near the
top of the faux tree. The applicant has submitted photographs of the existing site and
simulations of the structures' appearance in the current environment.
03
City Council Staff Report
February 5, 2014 -- Page 4
Case Nos. 5.1295 CUP & 6.528 VAR—AT&T Facility 4185 E. Palm Canyon Drive
ANALYSIS:
General Plan
Land Use Designation F.A.R. / Density Re uest Compliance
Regional Commercial 0.50 Floor Area Ratio Cell Tower (Commercial Use Yes
with no FAR
Zoning
Zone Proposed Use Permitted?
C-2 (General Commercial) Monopalm /Commercial Yes, proposed use allowed pursuant to Section
Communication Antennas 94.02.00 A 2 f of Zoning Code.
Development Standards Proposed Requirement Compliance -
Height 48 feet 15 feet above ground, unless No, variance
variance is approved being requested
Setback
Front Cherokee Way) 7 feet 5 feet Yes
Street Side (Frontage Road 200 feet 0 feet Yes
Interior Side south property line 70 feet 0 feet Yes
Rear east property line 465 feet 0 feet Yes
Above development standards may be found in Sections 93.23.08 and 92.12.03 of the Zoning Code.
Antenna Height: Pursuant to Section 93.08.03(A)(2)(c)(ii) of the PSZC, the height and
placement limitations of communication antennas within Commercial and Professional
Zones are required to comply with the provisions governing broadcast receiving
antennas or Section 93.08.03(A)(1)(c)(B) 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 monopole structure is proposed at forty-eight
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
maps showing coverage at fifteen feet and forty-eight feet. Findings in support are
found below.
REQUIRED FINDINGS:
Architectural Review: Staff evaluated the proposal against the architectural review
guidelines, pursuant to Section 94.04.00 of the Zoning Code, and prepared the following
response:
Item Guideline: Conforms? Staff Evaluation:
1 Does the proposed development provide a N/a Communication tower
desirable environment for its occupants?
2 Is the proposed development compatible N/a
with the character of adjacent and
surrounding developments?
04
City Council Staff Report
February 5, 2014-- Page 5
Case Nos. 5.1295 CUP &6.528 VAR—AT&T Facility 4185 E. Palm Canyon Drive
3 Is the proposed development of good N/a
composition, materials, textures, and
colors?
4 Site layout, orientation, location of structures N/a
and relationship to one another and to open
spaces and topography. Definition of
pedestrian and vehicular areas; i.e.,
sidewalks as distinct from parking lot areas
5 Harmonious relationship with existing and N/a
proposed adjoining developments and in the
context of the immediate
neighborhood/community, avoiding both
excessive variety and monotonous
repetition, but allowing similarity of style, if
warranted
6 Maximum height, area, setbacks and overall Yes Facility will be designed to
mass, as well as parts of any structure mimic palm tree.
(buildings, walls, screens, towers or signs)
and effective concealment of all mechanical
equipment
7 Building design, materials and colors to be Yes Proposed structure will use a
sympathetic with desert surroundings stealth design.
8 Harmony of materials, colors and N/a
composition of those elements of a
structure, including overhangs, roofs, and
substructures which are visible
simultaneous)
9 Consistency of composition and treatment N/a
10 Location and type of planting, with regard for Yes As conditioned, the project
desert climate conditions. Preservation of will include the addition of
specimen and landmark trees upon a site, five palm trees within 100
with proper irrigation to insure maintenance
of all plant materials feet of wireless facility.
Trees will range in height
between twenty-five feet and
forty-five feet.
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.
05
City Council Staff Report
February 5, 2014 -- Page 6
Case Nos. 5.1295 CUP &6.528 VAR—AT&T Facility 4185 E. Palm Canyon Drive
The subject property has properties in the vicinity that contain 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 feet
in height and forty-eight feet in height. These maps show that a fifteen foot high
antenna will not satisfy the necessary coverage due to inhibiting factors such as
terrain variations, foliage and man-made structures enjoyed by other properties, or in
this case cellular providers, in the vicinity and under identical zone classification.
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, compliance with Federal Aviation Administration (FAA)
requirements and restriction to limit the antenna structure to no more than forty-eight
feet in height. 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 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. 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 93.08.03(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.
06
City Council Staff Report
February 5, 2014 -- Page 7
Case Nos. 5.1295 CUP &6.528 VAR—AT&T Facility 4185 E. Palm Canyon Drive
The applicant provided a study which shows that the height limit of fifteen feet will not
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 compared to forty-eight feet, and 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 C-2 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 Regional Commercial. 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.
Other telecommunication facilities are located to the east of the proposed facility and
are similar in height and design. Further, live palm trees exist and will be planted to
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.
07
City Council Staff Report
February 5, 2014-- Page 8
Case Nos. 5.1295 CUP &6.528 VAR—AT&T Facility 4185 E. Palm Canyon Drive
The proposal includes a variance to the antenna height requirement; the equipment
will be placed on an unused portion of the site. 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 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 additional palm trees, removal of antenna
upon use-change or abandonment of the subject property and compliance with all
Federal Airport Administration requirements among others.
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).
FISCAL IMPACT:
There is no cost to the City associated with the construction of the proposed wireless
communications facility.
&M. argoWheeler, ICP David H. Ready
Director of Planning Services City Manager
08
City Council Staff Report
February 5, 2014 -- Page 9
Case Nos. 5.1295 CUP &6.528 VAR—AT&T Facility 4185 E. Palm Canyon Drive
Attachments:
1. Vicinity Map
2. Draft Resolution with Conditions of Approval
3, 02/25/2013 AAC Minutes (excerpt)
4. 08/26/2013 AAC Minutes (excerpt)
5. 1/08/2013 Planning Commission Minutes (excerpt)
6. Coverage Maps
7. Reduced Plans
09
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CITY OF PALM SPRINGS
CASE: 5.1295 CUP & DESCRIPTION: A request for a Conditional Use
6.528 VAR Permit and Variance to construct and operate a
wireless communication facility on a 48-foot high
APPLICANT: Sharon Dean monopalm structure located at 4185 East Palm
Canyon Drive, Zone C-2, Section 30.
10
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT CASE NO. 5.1295 TO
INSTALL A FORTY-EIGHT FOOT HIGH WIRELESS
COMMUNICATIONS ANTENNA AND VARIANCE CASE
NO. 6.528 TO EXCEED MAXIMUM ANTENNA HEIGHT
FOR THE PROPERTY LOCATED AT 4185 EAST PALM
CANYON DRIVE.
WHEREAS, AT&T Mobility ("Applicant') has filed an application on behalf of
Sharon Dean ("Property 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 forty-eight
foot high commercial communications monopole designed as a palm tree and an
equipment enclosure located at 4185 East Palm Canyon Drive, APN: 681-170-067, C-2
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. 5.1295
and Variance Case No. 6.528 was given in accordance with applicable law; and
WHEREAS, on January 8, 2014, a public hearing on the application for
Conditional Use Permit Case No. 5.1295 and Variance Case No. 6.528 was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, on January 8, 2014, the Planning Commission recommended
approval of Conditional Use Permit Case No. 5.1295 and Variance Case No. 6.528 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. 5.1295 and
Variance Case No. 6.528 was given in accordance with applicable law; and
WHEREAS, on February 5, 2014, a public hearing on the application for
Conditional Use Permit Case No. 5.1295 and Variance Case No. 6.528 was held by the
City Council 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 (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.
Resolution No.
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 property has properties in the vicinity that contain 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 feet in height and forty-eight feet in height. These maps show
that a fifteen foot high antenna will not satisfy the necessary coverage due to
inhibiting factors such as terrain variations, foliage and man-made structures
enjoyed by other properties, or in this case cellular providers, in the vicinity and
under identical zone classification.
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, compliance with Federal Aviation
Administration (FAA) requirements and restriction to limit the antenna structure to
no more than forty-eight feet in height. 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 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. Therefore, the project is unlikely to
12
Resolution No.
Page 3
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 provided a study which shows that the height limit of fifteen feet will
not 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 compared to forty-eight feet, and the maximum
height of fifteen feet does not appear to achieve and maintain satisfactory
coverage within the specified height limitations.
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 C-2 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 Regional Commercial. 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
13
Resolution No.
Page 4
and residential uses and the development of adequate cellular phone levels of
services serves the ultimate benefit of the community.
Other telecommunication facilities are located to the east of the proposed facility
and are similar in height and design. Further, live palm trees exist and will be
planted to 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 proposal includes a variance to the antenna height requirement; the
equipment will be placed on an unused portion of the site. 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 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 additional palm trees,
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. 5.1295 and Variance Case No. 6.528, to install and operate
telecommunications monopole and related equipment at 4185 East Palm Canyon Drive,
subject to those conditions set forth in Exhibit A, which are to be satisfied unless
otherwise specified.
i4
Resolution No.
Page 5
ADOPTED this 5th day of February, 2014.
David H. Ready, City Manager
ATTEST:
James 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. 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
i5
Resolution No.
Page 6
EXHIBIT A
CONDITIONAL USE PERMIT CASE NO. 5.1295
VARIANCE CASE NO. 6.528
AT&T MOBILITY
4185 EAST PALM CANYON DRIVE
FEBRUARY 5, 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
5.1295 CUP and Case 6.528 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 August 14, 2013,
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 5.1295 CUP and Case 6.528 VAR. The City of
Palm Springs will promptly notify the applicant of any such claim, action, or
16
Resolution No.
Page 7
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.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Sianaae. Signage is prohibited on the exterior of the monopole structure.
17
Resolution No.
Page 8
PLN 2. Landscape. Prior to final inspection, the applicant shall plant five palm trees
on-site within one hundred feet of the facility. The species shall be a Date
Palm consistent with the appearance of the appearance 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. Prior to final inspection, the applicant or property
owner shall restripe all parking areas to the satisfaction of the Director of
Planning Services or his / her designee.
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. Bollards to be painted more neutral color and allowed no closer than 7' on
center.
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.
l �
Resolution No.
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. Bi-Annual Review. The tower operator shall submit a bi-annual maintenance
report with photographs to the City Planning Department. Any design
deterioration shall be corrected to the satisfaction of the Planning Director to
avoid Conditional Use Permit revocation proceedings.
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
19
Architectural Advisory Committee Meeting
Minutes of February 25, 2013
n gave a summary of the project.
AA mbers asked about the following:
1. VOre are the mailboxes? (ans: On the outside of the gate in a collective mailbox)
2. How the roofdecks configured? (ans: third floor as optional item; walled and in
the center he roof area (for privacy) and roofed (thus constitute a third floor) with
views further c lied by walls.)
3. The project shoul ve pedestrian gates along the perimeter roads to further
connect this gated com ity to the rest of the neighborhood.
4. The private roads within the p sed development will have precast pavers.
5. Some homes have front yard p and others have back yard pools based on
views.
6. The small common green space is a good a ity.
7. The glass panel on the garage doors may be ei ranslucent or opaque.
First motion (Harlan/Fauber) approve with requirement o estrian gates at perimeter
public streets (failed 2/2)
Second motion (Harlan/Fauber) approve with recommendation tha eveloper consider
perimeter pedestrian gates (4-0) approved.
ACTION: M/SIC (Harlan / Fauber, 4-0) To recommend approval as submitted the
that the d vet er consider erimeter pedestrian gates to the back yards.
AGENDA ITEM #4: 28 VAR—AT&T Mobility
Cable Engineering T&T Mobility for a wireless telecommunications
facility consisting of a forty-eight foot high broadleaf mono-tree and an 800-square foot
equipment area surrounded by a ten-foot high block wall at the southeast corner of the
property located at 4185 East Palm Canyon Drive, Zone 0-2, Section 30. (DN)
Associate Planner Newell presented the project to the AAC as outlined in the staff
memorandum. He stated that the applicant is proposing a co-locatable antenna structure
designed to mimic a broadleaf tree. Staff is opposed to this type of design and would
recommend a simple monopole structure or monopole designed to mimic a palm tree.
Rob Searcy of Prescott Communications stated that the broadleaf tree was proposed due to
its higher durability than that of a monopalm structura,, This design also allows for easier co-
location of telecommunication carriers.
No other comments from the public were received.
Member Fauber stated his preference for a-simple monopole tower. He felt the maintenance
with the proposed design may be an issue.
Member Purnel expressed concern with the esthetics of a monopole, but did not feel the
proposed broadleaf tree was acceptable either. A high quality monopalm would be better.
Member Thompson agreed and believed landscaping should be installed around the facility
to soften the appearance.
2 20
Architectural Advisory Committee Meeting
Minutes of February 25,2013
Chair Kleindienst was not in favor of the proposed design, but would accept a monopole or
monopalm design.
ACTION: M/S/C (Harlan / Fauber, 5-0) To re study the proposal, subject to redesigning
the structure to appear as a high quality monopalm, using an integral color block and
providing enhanced landscaping around the facility.
AGENDA ITEM #5: Case 5.1132 PDD— 333 — Dolce Hotel
Preliminary discussion of future amendment to an approved Planned Development for ho
and condominiums by CDI Ventures LLC, located at northeast comer of Amado Road d
Calle Alvarado, Zone FIR, Section 14, (CE)
Planning Director Ewing stated that this item is before the AAC for prelimina scussions
with no action and a formal submission will be filed at a later date. He gave ief history of
the project pointing out that the original approval for this site occurre 2007 with an
amendment on 2009 and subsequent time extensions of the PD.
John Raymond, City Economic Director described the history of the p and future needs of
the Convention Center and discussed the need to increase grou eeting business. The
new site proposal is for an upscale boutique hotel to meet today' arket of business groups
and pleasure travelers. Studies have shown that Palm rings needs 800 to 1,000•
additional new hotel rooms to meet the need of bringing in I er conventions.
k
Laurie Kibby, developer of the site stated that the revi project will include 200 hotel rooms
and possible 200 residential villa units with struct d parking. The Dolce brand is a high
end boutique hotel with meeting space, restaur , and outdoor pool areas. The proposed
hotel will have a height of 54 feet which is ss than what was originally approved with
underground parking, Access to the site will from Amado Road with below grade check-in.
Vice Chair Harlan asked for clarific n on future phasing. He is concerned with the
pedestrian experience and feels th s proposed the hotel has a weak entry. The placing of
a sidewalk next to the sloping dri ay does not provide a good walking experience.
Member Pumel asked if t surfacing parking shown would be used by the Convention
Center. He stated that ekes the hotel location setback from the street and the site plan is
well thought out. He es not have an issue with the hotel height being that the originally
approved plan inclu s a higher structure.
/Support
asked about pedestrian connections from the hotel and Convention Center.
proposed hotel siting with the large curve design.
on is concerned with pedestrian access.
stated that pedestrian movement will need to be studied. A mid-block
ork with the internal layout of the convention center. He likes the location
of the hotel pulled away from the street to allow for the pool and outdoor activities. Proposed
3 21
Architectural Advisory Committee Meeting
Minutes of August 26,2013
ELLIS, owner representative, said that the project had been built in three phases, dating
back a Oasis Hotel and the newest section added 24 years ago when the current owners
took poss 'on.
Committee Memb auber asked about the Cahuilla balconies because the balconies are
not ADA compliant.
TIM ELLIS said that improver will-continue.
FRANK TYSEN, neighboring property er, stated that AAC items should be given notice
like Planning Commission items. He said h s pleased the project had been scaled down.
CRAIG BLAU, neighboring hotel owner, said he was cerned about parking.
Committee Member Song wanted new doors arched like ers and the 3 windows be
recessed.
Committee Member Secoy-Jensen supported Song's suggestions.
M/S/C (Song/Fauber, 5-0) To approve with conditions:
• New doors' geometry to match existing.
• Triple windows on south near
V 75 �cHITECTURAL REVIEW REQUEST BY SHARON DEAN TO CONSTRUCT
WIRELESS COMMUNICATIONS FACILITY FOR AT&T COMMERCIAL
COMMUNICATION ANTENNAS ON A FORTY-EIGHT FOOT HIGH MONOPOLE
DISGUISED AS PALM TREE AT 4185 E. PALM CANYON DRIV
Associate Planner Newell gave a short report referencing that this .item had been to the AAC
previously and the minutes were attached to the staff..report.
Committee Member Fauber confirmed with the applicant that the tower had been relocated
on the site.
APPLICANT ROB SEARCY, said he disagreed with staffs recommendations to create a
Mexican fan palm as maintenance of the larger leaves, susceptible to winds, was more
costly, as was landscaping.
Committee Member Fauber suggested no palm just a pole.
Chair Secoy-Jensen agreed but said it is difficult to promote based upon prior review.
31Page
22
Architectural Advisory Committee Meeting
Minutes of August 26,2013
Committee Member Cassady commented that the bright yellow boNards are unsightly.
M/S/C (Secoy-Jensen/Fauber, 5-0) To approve with conditions:
• Add 5 palms within the bollard area pursuant to staff recommendation.
• Bollards to be painted more neutral color and allowed no closer than Ton center.
COMMITTEE MEMBER COMMENTS:
Committee Member Song asked about having only one meeting in August.
Director Wheeler replied the Committee Members, of course, are fre ake time off but that
the priority was serving the development community.
STAFF MEMBER COMMENTS:
Director Wheeler reported that the AAC' a of Procedures would be presented at the next
meeting.
The Joint Meeting with the ning Commission will be scheduled for September 11th.
ADJOURNM The Architectural Advisory Committee adjourned at 4:41 pm to Monday,
Septemb 2013, at 3:00 pm, Council Chamber, City Hall, 3200 East Tahquitz Canyon
Wa to Springs.
M. argo hee er, AICP
Director of Planning Services
4iPage
23
Planning Commission Minutes
3anuary 8, 2014
Approve the Planning Commission Minutes of December 11, 2013, (a
correction o 8 as amended.
Motion Commissioner Roberts, ed by Commissioner Klatchko and unanimously
carried 4-0-3 on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Klatc missioner
Roberts and Chair Donenfeld
ABSENT: Commissioner Lowe, Commissioner W Vice Chair Huds
2. PUBLIC HEARING:
2A. AT&T MOBILITY ON BEHALF OF ON DEAN FO ONDITIONAL USE
PERMIT TO CONSTRUCT A WI SS COMMUNI NS FACILITY
CONSISTING OF A FORTY-EIGHT FOO LL OPOLE UISED AS A
PALM TREE AND A VARIAN O EXCE IMUM A NA HEIGHT
PERMITTED FROM 15' TO 48' ED AT 4 AST PALM CANYON, ZONE C-
2, SECTION 30 (CASE 5.1295 C VAR).
Principal Planner Ro presen the d p t as outlined in the staff
report.
Chair Donenfeld op the p hearin
ROB SE sco s, a about the height that is needed to
provid ncy. descn tion and the design of the monopalm.
He n that the co ded fiv Ims trees and requested a reduction be
consid nd require two s because of the high costs. Mr. Searcy provided
details ab a concerns ocia ith co-locations at the existing cell tower.
KELLY DUNN, er, Safe obile Home Park, spoke in opposition to the wireless
antennas; and re ed t ntenna height limit is 15 feet. He indicated he would
litigate if approved.
There being no further appearances the public hearing was closed.
Principal Planner Robertson reported that staff is confident they can work with the
applicant on finding a creative solution to arrange the trees so they will not encroach on
the critical habitat area.
Commissioner Calerdine commented about the relatively new established endangered
species that was found in this area and that established protocol for a new species
could take a long time.
Page 14
u4
Planning Commission Minutes
January 8, 2014
Commissioner Klatchko asked about clarification of the 15 foot requirement for the
antenna height. Staff responded that this section of the Zoning Code may need to be
updated; and clarified that the 15 feet is above an existing structure also.
Commissioner Klatchko asked if there are alternative towers in the neighborhoods to fill
this gap.
ROB SEARCY responded that they looked at the area where they have the gap and
searched for options within vicinity. He commented th y need a defined area; and
if the antenna is too close to another cell site it w er-saturate the signals and
create interference within the network.
Commissioner Calerdine commented on the sity of ntennas and will support
staffs recommendation.
ACTION: To approve, subject to Conditio Approval, as amen with an additional
condition:
• The applicant shall subm nnual ma ance report with photographs to
the City.
Motion: Commission rdine, s nd hair enfeld and unanimously
carried 4-0-3 on a r
AYES: Com ner erdine, mmissioner Klatchko, Commissioner
Roberts h ' nfeld
ABSENT issio issi Weremiuk and Vice Chair Hudson
A rec as taken 0 P.
The meets sumed at M.
3. NEW BUSINE
3A. GARY AND CHANEY FO RCHITECTURAL APPROVAL TO
REMODEL AND EXPAN AN EXISTI GLE-FAMILY RESIDENCE, INCLUDING
THE ADDITION OF APPROXIMA 1,402-SQUARE FEET OF LIVING AREA AND
A NEW TWO-CAR GARAG A HILLSIDE LOT LOCATED AT 2343 BISNAGA
AVENUE, ZONE R-1-B E 3.2420 MAJ). (DN)
Principal PI Robertson presented the proposed project as outlined in the staff
report. reported a correction on page 3, the expansion is proposed near both the
fr nd rear yards and page 4 the maximum proposed building height is 13 feet.
Page 15
25
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RS03974185 E. Palm canyon Dr., -- Palm Springs, CA 92264
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View 1
View Notes:
Looking south east at proposed project
call#&
enigineering
T` T` services
PRESCOTT COMMUNICATIONS INC.
1064D SEPULVEDA BLVD.SUITE 1
MISSION HILLS,CA 91345
(818)898-2352 FAX(818)898-9186
Applicant Contact
39
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View 2
View Notes:
Looking north at proposed project
• '� cable
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'a PRESCOTT COMMUNICATIONS INC.
10640 SEPULVEDA BLVD.SURE 1
MISSION HILLS, CA 91345
(818)898-2352 FAX (818)898-9186
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ti
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► 4
RS03974185 E. Palm canyon Dr., Palm Springs, CA 92264
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10640 SEPULVEDA BLVD. SUITE 1
MISSION18)98-2 HILLS, CA 9 1345
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CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
.ens:
Date: February 5, 2014
Subject: Case 5.1295 CUP /6.528 Variance at 4185 E. Palm Canyon Drive
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 January 25, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
— /�J 13—
Cynthia A. erardi, 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 and on January 23, 2014.
1 declare under enalty of perjury that the foregoing is true and correct.
Cynt is A. erardi, 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 January 23, 2014, in a sealed envelope, with postage
prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (110 notices)
I declare penalty of perjury that the foregoing is true and correct.
Cynthia A. Kerardi, CMC
Deputy City Clerk
41
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Date: February 5, 2014
Subject: Case 5.1295 CUP / 6.528 Variance at 4185 E. Palm Canyon Drive
AFFIDAVIT OF PUBLICATION
1, 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 January 25, 2014.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. erardi, 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 and on January 23, 2014.
1 declare under enalty of perjury that the foregoing is true and correct.
Cynt is A. erardi, CMC
Deputy City Clerk
AFFIDAVIT OF MAILING
1, 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 January 23, 2014, in a sealed envelope, with postage
prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (110 notices)
I declare under penal
a perjury that the foregoing is true and correct.
Cynthii//A.A. Kerardi, CMC
Deputy City Clerk
42
�EIGHQ b Q LfiION�REPS `
1r;ase , �5 i AR MODCOM� MR PETE MORUZZI
Gi �+ ng HISTOR� :$VfEEl3� i -. PALM SPRINGS MODERN COMMITTEE
FfNN io mb 1, ,j 7 IA; P.O. BOX 4738
PALM SPRINGS, CA 92263-4738
CITY OF PALM SPRINGS CASE 5.1295 CUP
PLANNING SERVICES DEPARTMENT MRS. JEANNE BRUGGEMANS
VERIFt03JO „„, m ATTN SECRETARY/5.1295 CUP 506 W. SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
MS PATRICIA GARCIA
MS MARGARET PARK, DIRECTOR TRIBAL HISTORIC PRESERVATION
`AG'k3A CALIENTE SANQ, EGAHUtL�� AGUA CALIENTE BAND OF CAHUILLA OFFICER
No' 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 1EPREN JOHNSON & 8ARNHO S9
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''•a.;� P.O. BOX 487 $nc4onN r ne i of ins icons i❑ mm�
27107
SAN JACINTO, CA 92581
MS SHARON DEAN, OWNER MS KORINA ARVIZU
PaI1 CABLE ENGINEERING SERVICES
77930 LAGO DRIVE
LA QUINTA, CA 92253 10640 SEPULVEDA BLVD., STE. 1
MISSION HILS, CA 91345
MR ADIL QAZI, ENGINEER MS CHRISTIE HOM
MR.WILLIAM JACKSON AT&T PROJECT MANAGER
5900 WILSHIRE BLVD., STE.2600 12900 PARK PLAZA DRIVE
LOS ANGELES, CA 90026 CERRITOS, CA 90703 Ch0897aatt.com
66
MS THERESA A.ATENCIO KREUN, CURTISS E& LINDA J
3111 LONGBOW CT
O 7; RET:LtN+p,MAIL 9748 SUMER SHOWER PL NW
ALBUQUERQUE, NM 87120 GRAND FORKS, ND 58203
68 88
KOCH, STEVEN C&JEANNE L TRUST NOEL, BARBARA LIVING TRUST
6255 DRIVER ROAD 31855 DATE PALM DRIVE, STE. 3
PALM SPRINGS, CA 92264 CATHEDRAL CITY, CA 92234
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AT&T C/O OF CES 1 2
10640 SEPULVEDA BOULEVARD, DEAN,SHA N B y� USA BIA
SUITE 1 77930 0 DR !" PO BOX 2245
MISSION HILLS, CA 91345 LA NITA, CA 92253 PALM SPRINGS,CA 92263
3 4 5
AMFAC COMMUNI S INC HP RIVERSI III SEMINOLE PRESERVATION LTD
9800 S SEPUL A BLVD 510 1201 W P CHTREE ST PARTNERSHIP DBA SEMINOLE
LOS ANGE CA 90045 ATLA GA 30309 21515 HAWTHORNE BLVD 125
TORRANCE. CA 90503
6 7 8
ZALKOWITZ,MARILYN&ANNETTE SAFARI PARK LLC FDH ENTERPRISES INC
2664 S CHEROKEE WAY 3865 E PALM CANYON DR 11300 N RODNEY PARHAM RD 300
PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 LITTLE ROCK,AR 72212
9 10 11
FDH ENTERPRISES NALE LT ACATION INTERNATI LOREN V GA GHER
4095 E PALM CANYON DR 2345 HEROKEE WAY #5 �Qf� 2345 S C OKEE WAY #19
PALM SPRINGS, CA 92264 B EVUE,WA 98004 BELL E,WA 98004
12 13 14
LAND R E EP ROBERT URNS ROBERT E BURNS
2345 S C OKEE WAY #14 2345 S EROKEE WAY #2 �/) 2345 S CHEROKEE WAY #33
BELLE E,WA 98004 OR GE, CA 92869 SAN RAFAEL, CA 94901
15 16 17
ASSOC RAMONA SVGS&LOAN NALE LTD VACATION INTERNATI PARKER PALM SPRINGS II
2345 S CHEROKEE WAY 2345 S CHEROKEE WAY #179 4200 E PALM CANYON DR PALM
PALM SPRINGS, CA 92264 NEW YORK, NY 10019 SPRINGS CA 92264-5230
PALM SPRINGS, CA 92264
18 19 20
NELSON,DAVID R&PHYLLIS M FULLER,WILLIAM A& PATRICIA A COTHERN,CATHERINE
11 BIRDIE LN 31915 RANCHO CALIFORNIA RD 100 WALKER RD
COTO DE CAZA, CA 92679 TEMECULA, CA 92591 SWAMPSCOTT,MA 1907
21 22 23
PAPADEAS,JUNE TRUST BASTAR DI,MICHAEL ADLER,WILLIAM&PAMELA
2545 MIRAMONTE CIR W D 2545 MIRAMONTE CIR W C 2480 S LINDEN WAY D
PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264
24 25 26
ZANG,MARIA TERESA TRUST GOODSON,STEPHEN E JR DEVINE,EDWARD&WINNIFRED
2480 S LINDEN WAY E 13140 DEL MONTE DR 51C 2391 MIRAMONTE CIR W F
PALM SPRINGS, CA 92264 SEAL BEACH, CA 90740 PALM SPRINGS, CA 92264
27 28 29
DECARLO,RICHARD C RICHARDSON,RONALD& ROBIN ALLEN,LEE E&ELVIRA E TRUST
901 E TAHOUITZ CANYON WAY A101 3016 N NARROWS DR A103 1815 W 213TH ST 175
PALM SPRINGS, CA 92262 TACOMA, WA 98407 TORRANCE, CA 90501
3°
30 31 32
HIRSCH,DICK& NINA TRUST SCHOETTLER,JOHN H TRUST COMBS,EVERETT&MARTHA A TRUST
19024 LOS ALIMOS ST 1850 SMOKE TREE LN 2495 MIRAMONTE CIR W E
NORTHRIDGE, CA 91326 PALM SPRINGS, CA.92264 PALM SPRINGS,CA 92264
33 34 35
KEEFE,MELISSA R MURPHY,JO A WARDEN,STEVE
20725 VIA VENTANA 2495 MIR ONTE CIR W D 1365 S CARKSON
YORBA LINDA,CA 92886 PAL RINGS, CA 92264 DENVER, CO 80210
36 37 38
DILLINGHAM,ROBERT 0&JOAN T SANDS,RONALD S&ALAN H TRUST PAZEN FAMILY TRUST
2391 MIRAMONTE CIR W A 21805 ULMUS DR 6036 COBBLESTONE DR
PALM SPRINGS, CA 92264 WOODLAND HILLS,CA 91364 VENTURA, CA 93003
39 40 41
SALAZAR,RUBEN A&SOPHIA MOWBRAY,ANNABELLE FERGUSON,NANCY
2717 W AVENUE N 2495 MIRAMONTE CIR W A 2466 S LINDEN WAY E
PALMDALE,CA 93551 PALM SPRINGS, CA 92264 PALM SPRINGS,CA 92264
42 43 44
ROSE,ROB T& MARY ANN NOLKE,DAVID&CHERYL MARTINEZ,YOLANDA D
970 UNI 30 2466 S LINDEN WAY D 8531 LINDANTE DR
DPO E 9721 I PALM SPRINGS, CA 92264 WHITTIER. CA 90603
45 46 47
GOODRICH,THOMAS ROBERT STOUT,STEVEN LEIGH LYNCH,GEORGE F
2466 S LINDEN WAY C 5818-112 VIRGINIA AVE 3152 ROXANNE AVE
PALM SPRINGS, CA 92264 LOS ANGELES, CA 90038 LONG BEACH, CA 90808
48 49 50
HORWITZ,SYLVIA TRUST FRANTZ,ARTHUR W&AISTIS KRISTY A FRASER,J S A&IRIS ANN
2490 S ARABY DR 2466 S LINDEN WAY A 1324 EN GABLES CT
PALM SPRINGS, CA 92264 PALM SPRINGS, CA 92264 F COLLINIS,CO 80525
51 52 53
MCBRIDE,MARILYN CALLAHAN PROP TRUST COUGILL,SUSAN
PO BOX 4965 6005 SCOTMIST DR 2467 MIRAMONTE CIR W F
PALM SPRINGS, CA 92263 RANCHO PALOS VERDES, CA 90275 PALM SPRINGS, CA 92264
54 55 56
MENDELSOHN,JACK&CAROLE TRAVIS,STEVE WINKELS,THOMAS F&MARY L
2367 MIRAMONTE CIR W B 5617 ZORAM CT 800 7TH ST NW
PALM SPRINGS, CA 92264 SACRAMENTO, CA 95841 AUSTIN, MN 55912
57 58 59
MCNEIL,PATRICK R MATERA,THOMAS III&AMY BRITHINEE,WALLACE P
2367 MIRAMONTE CIR W E 1042 MAPLE AVE 353 2440 S LINDEN WAY A
PALM SPRINGS, CA 92264 LISLE, IL 60532 PALM SPRINGS, CA 92264 �-
C3✓
60 61 62
LYON,JEAN L TRUST CANYON SANDS PALM SPRINGS MORRIS,DANIEL H
2440 S LINDEN WAY B CONDO 2440 C 2440 S LINDEN WAY D
PALM SPRINGS,CA 92264 4200 TIMBER CANYON RD PALM SPRINGS, CA 92264
SANTA PAULA, CA 93060
63 64 65
GREENSPAN,GREG ORTIZ,ANDREW R DELESTINE,GARY R
1143 SILVER MAPLE LN 15524 OXNARD ST 2355 MIRAMONTE CIR W E
HAYWARD,CA 94544 VALLEY GLEN, CA 91401 PALM SPRINGS,CA 92264
66 67 68
KREUN,CURT E& LINDA rJ �,{ LUCAS,JAMES E JR&MARY L KOCH,STEVE &JEANNE L TRUST
1401 S 35 ST KA 2355 MIRAMONTE CIR W A 2900 S 2 AVE E
GRANpf ORKS, ND 58201 PALM SPRINGS, CA 92264 NE N, IA 50208
69 70 71
SILVA,JAMES W&CONNIE F SOBOLEVSKY,ANATOLY&ROZA BAALSON,DOUGLAS E
16541 PEALE LN 19016 LOS ALIMOS ST 5349 N RIFFLE WAY
HUNTINGTON BEACH, CA 92649 NORTHRIDGE, CA 91326 BOISE, ID 83714
72 73 74
BLACKUYLESS THOMTON,DANIEL JONES,JEN R E A
9323 N GOVERNMENT WAY 301 41 SEWARD ST 2 2356 S EN WAY UNT A r, I
HAYDEN, ID 83835 SAN FRANCISCO, CA 94114 PA SPRINGS, CA 92264
75 76 77
ARIAN,GILBERT&MARLENE ROGERS,FELIX THOMAS & MARLENE WORGAN,DIANE
30530 SUMMIT LN GAYLE 2434 W MIRAMONTE CIR E
CLEVELAND,OH 44124 9426 EL TEJADO RD PALM SPRINGS,CA 92264
LA MESA, CA 91941
78 79 80
HANSEN,DARREL D&DEANNA F SPRATT, IAM P CUMMINGS,LAWRENCE &SANDRA
2247 MIRAMONTE CIR W D PO B 65 pi 44 MONARCH DR
PALM SPRINGS, CA 92264 B ON, MA 1740 BLOOMINGTON, IL 61704
81 82 83
STEEDMANAOBERT A ANZEL,ME G � HANFT,KENNETH E LIVING TRUST
1016 N ANTONIO CIR 10601 LM H �y ILL CIR lL ' 3823 PATRICK HENRY PL
ORANGE, CA 92869 5 A ANA, CA 92705 AGOURA HILLS,CA 91301
84 85 86
AMFAC COMMUNITIES INC SPECK,LYNDA P&BOB J MOLOSHCO,HARRY C
9800 S SEPULVEDA BLVD 510 1560 STONE CANYON RD 5565 E LONNA LINDA DR
LOS ANGELES, CA 90045 LOS ANGELES, CA 90077 LONG BEACH, CA 90815
87 88
LANCE,RAND C&SUSAN F NOEL,BARBA VING TRUST
2343 W M MONTE CIR E 44600 MO REY AVE B123
PALM RINGS, CA 92262 PALM ERT, CA 92260
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE NO. 5.1295 CONDITIONAL USE PERMIT/6.528 VARIANCE
AT&T MOBILITY ON BEHALF OF SHARON DEAN
4185 EAST PALM CANYON 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 February 5, 2014. 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 AT&T Mobility on behalf of Sharon
Dean for a Conditional Use Permit to construct a wireless communication facility consisting of a
forty-eight foot tall monopole designed as a palm tree at 4185 East Palm Canyon Drive. In
addition, the applicant is seeking a Variance to exceed the maximum antenna height permitted
from fifteen feet to forty-eight feet.
ENVIRONMENTAL DETERMINATION: This project is categorically exempt from
environmental review pursuant to Section 15303 (New Construction or Conversion of Small
Structures) of the California Environmental Quality Act (CEQA).
REVIEW OF PROJECT INFORMATION: The proposed application, site plan and related
documents are available for public review at City Hall between the hours of 8:00 a.m. to 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 City
Council 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 David A. Newell, Planning Services Department at (760)
323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
?mes =hompsonCit�yClerk
45
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE NO. 5.1295 CONDITIONAL USE PERMIT /6.528 VARIANCE
AT&T MOBILITY ON BEHALF OF SHARON DEAN
4185 EAST PALM CANYON 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 February 5, 2014. 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 AT&T Mobility on behalf of Sharon
Dean for a Conditional Use Permit to construct a wireless communication facility consisting of a
forty-eight foot tall monopole designed as a palm tree at 4185 East Palm Canyon Drive. In
addition, the applicant is seeking a Variance to exceed the maximum antenna height permitted
from fifteen feet to forty-eight feet.
ENVIRONMENTAL DETERMINATION: This project is categorically exempt from
environmental review pursuant to Section 15303 (New Construction or Conversion of Small
Structures) of the California Environmental Quality Act (CEQA).
REVIEW OF PROJECT INFORMATION: The proposed application, site plan and related
documents are available for public review at City Hall between the hours of 8:00 a.m. to 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 City
Council 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 David A. Newell, Planning Services Department at (760)
323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
?ZFThompson, City Clerk
43
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CITY OF PALM SPRINGS
CASE: 5.1295 CUP & DESCRIPTION: A request for a Conditional Use
6.528 VAR Permit and Variance to construct and operate a
wireless communication facility on a 48-foot high
APPLICANT: Sharon Dean monopalm structure located at 4185 East Palm
Canyon Drive, Zone C-2, Section 30.
46
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CITY OF PALM SPRINGS
CASE: 5.1295 CUP & DESCRIPTION: A request for a Conditional Use
6.528 VAR Permit and Variance to construct and operate a
wireless communication facility on a 48-foot high
APPLICANT: Sharon Dean monopalm structure located at 4185 East Palm
Canyon Drive, Zone C-2, Section 30.
44
a
City of Palm Springs
Office of the City Clerk
3200 East Tahquitz Canyon Way
• Palm Springs, CA 92262
�'itrFOaN Telephone: 760-323-8204 — Fax: 760-322-8332
Email: Cindy.Berardi@palmspringsca.gov
MEMORANDUM
Date: January 22, 2014
To: Brenda Diaz Fax: Belinda Ray
Bureau of Indian Affairs (760) 416-2687
From: Cindy Berardi
Office of the City Clerk
Subject: Allotment Numbers for Public Hearing Notice
Case 5.1295 CUP /6.528 VAR
4185 E. Palm Canyon Drive
Here are neighborhood courtesy notices that need to be sent to the appropriate Indian
landowner within the 400' radius of the project location showing the allotment numbers as
requested:
The allotment number corresponding with the APN number is as follows
APN Allotment APN Allotment
Number Number
681-170-068 HC
681-371-076 76C /76A
2
USA BIA
PO BOX 2245
PALM SPRINGS, CA 92263
1 have enclosed these notices for distribution and your file but should you require more notices,
please let me know.
Thank you for your continuous help and cooperation.
Enclosures: 6 notices 47
y
°X`"' sp�•t City of Palm Springs
c Office of the City Clerk
3200 East Tahquitz Canyon Way
a„ Palm Springs, CA 92262
c��iFORN�'• Telephone: 760-323-8204 - Fax: 760-322-8332
Email: Cindy.Berardi@palmspringsca.gov
MEMORANDUM
Date: January 22, 2014
To: Brenda Diaz Fax: Belinda Ray
Bureau of Indian Affairs (760) 416-2687
From: Cindy Berardi
Office of the City Clerk
Subject: Allotment Numbers for Public Hearing Notice
Case 5.1295 CUP/ 6.528 VAR
4185 E. Palm Canyon Drive
Here are neighborhood courtesy notices that need to be sent to the appropriate Indian
landowner within the 400' radius of the project location showing the allotment numbers as
requested:
The allotment number corresponding with the APN number is as follows
APN Allotment APN Allotment
Number Number
681-170-068 HC
681-371-076 76C /76A
2
USA BIA
PO BOX 2245
PALM SPRINGS, CA 92263
1 have enclosed these notices for distribution and your file but should you require more notices,
please let me know.
Thank you for your continuous help and cooperation.
Enclosures: 6 notices 45
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs,CA 92262
760-778-4578/Fax 760-778-4731
2014 i ER, 3 A..f-1 a, QZ
State Of California ss:
County of Riverside I d rl
Advertiser:
NOTICE.0 F PUE:1CN=EAR11NaCITY OF PALM SPRINGS/LEGALS Noo131
NOTICE OF PUBLICHEARING
PO BOX 2743 CITY COUNCIL
CITY.OF PALM SPRINGS
i
PALM SPRINGS CA 922632
CASE NO,MIT/6628 VARIANC USE
PEMOBILITY
OBILI YOVARIANCE
AT&T' SHAR N BEHALF OF
SHAROCANYO
41rI5,EA5T PALM CANYON DRIVE ,
2000404167 NOTICE IS HEREBYGIVEN that the City Council
of the city pf Pain)Sppn�gs,California,will hold a
publw hearing at tls rpeetingg of Februarryy 5,2ol4.
The City Council meetingg-begins at 6.00 Vp.m. In
the Cuuhcil Chamber at�piry Hall, 3200,East
Tahqubi Canyal Way,Palm Springs
The.puryose of the heanng is t6 consider an a ph-
cation by A78T Mobilt on behalf of Sharon DPean
fora Contlilional Uae enh11 to construct awire-
I am over the age of 18 years old, a citizen of the United less winmunicatwn fadliry,donstsfing of a forty-
agqht footfall mon )Is tlesig is as apalm tree et
States and not a party to, or have interest in this matter. 1 4185 Easl'Palm nyon-0rrvg In addilio the.
applicari['is scelangg•a Variance to exceetltl the
hereby certify that the attached advertisement appeared maximum:amenna heighLpermdtad from fifteen
in said newspaper (set in type not smaller than non pariel) teat toI eight feel
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates, to wit:
tau 3
Newspaper: .The Desert Sun Y j
1/25/2014 !
or ruu srawa
I acknowledge that I am a principal clerk of the printer of ^�^"'""
The Desert Sun, printed and published weekly in the City ENVIRONMENTAL 6E46NATI6N This prol-
of Palm Springs, County of Riverside, State of California. actlscstegoricallyexemptfromenvlronmentalre-
view pursuant to Sechon:15303(New Cdnstmo-
The Desert Sun was adjudicated a newspaper of general ton or Conversion of Small Structures)of the Call-
circulation on March 24, 1988 by the Superior Court of the forh1a Environmental Quality Act(CEQA) -
County of Riverside, State of California Case No. REVIEW OF PROJECT.INFORMATION; :The
proposed.a I site,0Ian and related docu-
191236. meets are available for pe6hc review at City Hell
between=the hours of 8;80 a m.to 6.00 p m Mon-
,gh TPuredayy Please cornett the Office
pe CI Clerk al(780):12341204 d you would
I declare under penalty of perjury that the foregoing is true We 11to�sc�iedule an appgmiment to rewew these
dacu n s
AetsSignatur
adon this 251h day Of January, 2014 in COMMENT ON THIS APPLICATION Response
to 1hls n Wce may be Vrlede vernally at the Public
Heenng anNor In wming'.befoFe the hearing.Writ-
Palm comments maybe rnaEa to ihe.CilyCouncil by
letter fl mall or hang diverq)ip,
" James Thom{3sbn Ciry Clerk ""
3200 E:Tahqu'Qz Canyon Way
Palm Springs,CA 92262
Airy challenge of a, as pro ed'in court
ma be']I it tl to raUing only those�ssuee raised
at a Dublic heanng described thrs note,re cr In
wniten parra3pondonce delrve {o the Clty CI§Hi
/ ai or nor to ihap{�hilt heedilg. (Government
Oode 6PsctWn 85009[bJ[2p a a5..J r, .: .-
An oppodunity will be given ai said hearing for ells
interested persons W be heard.Quesh0 sr or -
I rig this case may be tlire d to David A.Newell,
Planning Services DeparVnenI at(760)323.6245.
"Si necaessits ay Wa con esta cane,porfavorllama a
WOW. d cie,Pelm S,pdnns y ppuede hahlar con:
Nadine Fiegef1elefIonQ{760);;23-8245.
James Thompson"City Clerk" -
Pubustredt 1M5114