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HomeMy WebLinkAbout23332 RESOLUTION NO. 23332 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT, TO INSTALL AND OPERATE A WIRELESS COMMERCIAL COMMUNICATIONS FACILITY ON THE ROOF OF AN EXISTING BUILDING LOCATED AT 401 RADIO ROAD. WHEREAS, Craig Wireless ("Applicant') has filed an application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code (PSZC) for the installation of a fifteen foot tall antenna structure on the rooftop of an existing building located within an industrial business park at 401 Radio Road, M-1 Zone, Section 34; 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. 5.1291 was given in accordance with applicable law; and WHEREAS, on January 23, 2013, a public hearing on the application for Conditional Use Permit Case No. 5.1291 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on January 23, 2013, the Planning Commission recommended approval of Conditional Use Permit Case No. 5.1291 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. 5.1291 was given in accordance with applicable law; and WHEREAS, on May 1, 2013, a public hearing on the application for Conditional Use Permit Case No. 5.1292 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 15332 (In-fill Development) 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. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 23332 Page 2 SECTION 1. The City Council finds that this Conditional Use Permit is Categorically Exempt from environmental review pursuant to Section 15332 (In-fill Development) of the California Environmental Quality Act (CEQA). SECTION 2. 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 M-1 Zone and a planned development (PD-87) zone with the approval of a Type II 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 MU / MU (Mixed Use / Multi- Use). 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. Further, the development of adequate cellular phone levels of service serves the ultimate benefit of the community. The antennas will be installed on a metal frame, lattice-like structure on the roof and painted to minimize appearance. Another monopole structure exists on site and is taller than the proposed facility. The proposed structure and antennas will extend fifteen feet above the roof surface, but could easily be removed in the future. Therefore, the proposal is unlikely to be detrimental to existing or future uses permitted in the zone. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The subject site is approximately 3.2 acres in size and developed with an industrial business park. The antennas will be located on an existing roof. The facility will require no additional parking since it will be unmanned and only require quarterly maintenance. The use will occupy only a small portion of the site. Therefore, the site for the intended use will accommodate the proposed facility. Resolution No. 23332 Page 3 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 and include, but are not limited to, 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. 5.1291, to install and operate a commercial communications antenna facility on the roof of the existing building located within a planned industrial park at 401 Radio Road, subject to those conditions set forth in Exhibit A, which is to be satisfied unless otherwise specified. ADOPTED THIS 1 ST DAY OF MAY, 2013. David H. Ready, City Mana ATTEST: ames Thompson, City Clerk Resolution No. 23332 Page 4 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. 23332 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 May 1, 2013, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tern Mills and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. Ines Thompson, City Clerk City of Palm Springs, California Resolution No. 23332 Page 5 EXHIBIT A CONDITIONAL USE PERMIT CASE NO. 5.1291 CRAIG WIRELESS 401 RADIO ROAD MAY 1, 2013 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. Proiect Description. This approval is for the project described per Case 5.1291 CUP, except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans 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 5.1291 CUP. 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 Resolution No. 23332 Page 6 and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. The time limit for commencement of construction under a conditional use permit shall be two (2) years from the effective date of approval. 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. Equipment Cabinet. The applicant shall paint the equipment cabinet a medium brown or gray so as to minimize appearance from surrounding views to the satisfaction of the Director of Planning Services or designee. Resolution No. 23332 Page 7 PLN 2. 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 3. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 4. Modification or Addition. If the communication antenna(s), their support structure or equipment cabinet 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 5. 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 antennas and frame structure shall be removed. PLN 6. 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(1) of the Zoning Code. PLN 7. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be thirty-three feet, as measured from finished grade to the highest point of the structure. PLN 8. 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 9. Use Abandonment. If the antenna(s) are ever abandoned, the monopole and antenna(s) shall be removed within 30 days. PLN 10. FAA & FCC Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). PLN 11. Added by City Council on 05/01/2013. The applicant shall install additional screening material around the proposed rack structure to the satisfaction of the Director of Planning Services. The material and rack shall be painted to match the building. Resolution No. 23332 Page 8 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. Construction Permits. Prior to any construction on-site, all appropriate permits must be secured. RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION AIR 1. Any new outdoor lighting that is installed shall be hooded or shielded so as to prevent either the spillage of lumens or reflection into the sky. AIR 2. The following uses shall be prohibited: (a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. (b) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. (c) Any use which would generate smoke or water vapor or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (d) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. AIR 3. The attached notice shall be provided to all potential purchasers and lessees of the property or any portion thereof. AIR 4. Within five (5) days after construction reaches its greatest height, the project developer shall a-file Form 7460-2, Part II Notice of Actual Construction or Alteration, to the Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group, 2601 Meacham Boulevard, Fort Worth TX 76137 (www.oeaaa.faa.gov), in accordance with the requirements of the Determination of No Hazard to Air Navigation letter dated March 14, 2013. The requirement for submittal is also applicable in the event the project is abandoned. AIR 5. The Federal Aviation Administration has conducted an aeronautical study of the proposed antenna tower (2013-AWP-1210-OE) and has determined that Resolution No. 23332 Page 9 neither marking nor lighting of the proposed structure is necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, such marking and/or lighting (if any) shall be installed in accordance with FAA Advisory Circular 70/7460-1 K Change 2 and shall be maintained in accordance therewith for the life of the project. AIR 6. The maximum height of the proposed tower, including all mounted appurtenances and obstruction or aviation safety lighting (if any), shall not exceed 33 feet above ground level, and the maximum elevation at the top of the tower shall not exceed 660 feet above mean sea level. AIR 7. The specific coordinates, height, top point elevation, power, and frequencies of the proposed facility shall not be amended without further review by the Airport Land Use Commission and the Federal Aviation Administration; provided, however, that reduction in tower height or elevation shall not require further review by the Airport Land Use Commission. AIR 8. Temporary construction equipment used during actual construction of the structure shall not exceed 33 feet above ground level, and the maximum elevation at the top of any equipment shall not exceed 660 feet above mean sea level, unless separate notice is provided to the Federal Aviation Administration through the Form 7460-1 process. END OF CONDITIONS