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C,q</1:0 CITY COUNCIL STAFF REPORT
DATE: May 1, 2013 PUBLIC HEARING
SUBJECT: CRAIG WIRELESS FOR A CONDITIONAL USE PERMIT TO INSTALL
AND OPERATE COMMERCIAL COMMUNICATION ANTENNAS
EXTENDING FIFTEEN FEET ABOVE THE ROOF SURFACE OF AN
EXISTING BUILDING LOCATED AT 401 RADIO ROAD, CASE 5.1291
CUP.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council will consider a proposed telecommunications facility on the rooftop of
an existing building located within an industrial business park at 401 Radio Road. The
antennas will extend fifteen feet above the roof surface. Staff has noticed this meeting
for a public hearing.
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. 5.1291, TO INSTALL AND OPERATE A WIRELESS
COMMERCIAL COMMUNICATIONS FACILITY ON THE ROOF OF AN
EXISTING BUILDING LOCATED AT 401 RADIO ROAD."
PRIOR ACTIONS:
On January 7, 2013, the Architectural Advisory Committee (AAC) reviewed the
proposed project and unanimously recommended approval as submitted.
ITEM NO.1A
City Council Staff Report
May 1, 2013— Page 2
5.1291 CUP Craig Wireless
On January 23, 2013, the Planning Commission reviewed the proposed antenna facility
and unanimously recommended approval to the City Council, subject to locating the
antennas towards the center of the building (further south).
BACKGROUND AND SETTING:
Craig Wireless has submitted an application for a Type II Conditional Use Permit. The
applicant has secured a Letter of Authorization with the property owner to proceed with
the application.
In 1980, the City Council approved a Planned Development (PD 87) to allow
construction of a mini-warehouse and industrial business park, including a 3.2 acre
property located on the southeast corner of Radio Road and McCarthy Road. As
constructed, the business park consists of three buildings, parking and landscaping.
Existing
Monopole
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Site Proposed
Wireless Facility
Location
A commercial communication monopole exists at the northwest corner of the site. The
proposed wireless communication facility will be located on the roof of the building at
the northeast corner of the site. Three antenna panels will be located on a metal frame
rack structure. The associated equipment cabinet will be located adjacent to the frame
City Council Staff Report
May 1, 2013— Page 3
5.1291 CUP Craig Wireless
structure on the roof and stand approximately fifty-two inches (52") tall above the
surface. This cabinet will exceed the existing parapet by approximately six to eight
inches.
Table 1: Surrounding General Plan Designations, Zones and Land Uses:
General Plan Zoning Existing Land Uses
PD 87, M-1 & R-2
North MU / MU (Planned Development 87, Mini-warehouse
(Mixed Use / Multi-Use) Service / Manufacturing, and
Limited Multi-family Residential
South Medium De MDR sity Residential Planned Development opment 167 Apartment Complex
MU / MU M-1
East Mixed Use/ Multi-Use Service / Manufacturing) Vacant
MU
09
West Mixed Use// Multi-Use (Single FmDl1 Residential) Industrial Park
STAFF ANALYSIS:
The General Plan designation of the subject site is MU / MU (Mixed Use / Multi-Use).
The zoning designation is M-1 (Service / Manufacturing) & PD 87 (Planned
Development 87), and the use is permitted with the approval of a Type II Conditional
Use Permit, pursuant to Section 93.23.08 and 94.02.00(A)(2)(f) of the Palm Springs
Zoning Code (PSZC). A Type II Conditional Use Permit is required for commercial
communication antennas that may have a visual impact in the surrounding area as
determined by the Director of Planning Services. Type II CUP's require City Council
approval.
The proposed communication antennas conform to the height limits of Section 92.23.08
(Antennas) of the Zoning Code. The Zoning Code permits antenna heights of sixty feet
above the ground in M-1 Zone. The proposed commercial communication system will
extend fifteen feet above the roof surface and thirty-three feet above the finished floor
surface.
As previously mentioned above in this staff report, an equipment cabinet will be installed
adjacent to the antennas on the roof and extend about eight inches above the existing
parapet. Pursuant to Section 93.03.00(B) of the PSZC, all buildings are subject to the
following:
No mechanical equipment or duct work shall be allowed on the roof unless
it is located in an orderly fashion to blend in with its surroundings and is
concealed by roof structure, or other approved screening, which is no less
03
City Council Staff Report
May 1, 2013—Page 4
5.1291 CUP Craig Wireless
than six (6) inches greater in height than the equipment being screened.
Required screening shall be an integral part of the architecture. The
planning commission or the director of planning and building may
otherwise approve such equipment which may not meet this requirement if
it is located in an orderly fashion to blend in with its surroundings...
Most of the cabinet will be screened by the existing parapet wall. An additional
screening plane would draw more attention to the wireless facility. Staff has included a
Condition of Approval (PLN 1) that requires the applicant paint the equipment cabinet a
medium brown or gray.
Conditional Use Permit Analysis
The request is subject to the required findings of a Conditional Use Permit as contained
in Section 94.02.00 of the PSZC. The findings require that the use is properly one for
the said location, is necessary or desirable for the development of the community and is
not detrimental to existing uses or to future uses in the zone.
The development of adequate wireless data transmission levels of service (LOS) serves
the ultimate benefit of the community, including surrounding residential and commercial
uses. The antennas will be installed on a metal frame, lattice-like structure on the roof
and painted to minimize appearance.
As of the writing of this staff report, no public correspondence has been received.
Riverside County Airport Land Use Commission
The subject property is located with the Airport Influence Area of The Riverside County
Airport Land Use Compatibility Plan (RCALUCP). This Plan is administered by the
Riverside County Airport Land Use Commission (RCALUC) and has review authority of
private development around airports throughout the County.
The RCALUC reviewed the proposal and recommended certain conditions related to
aviation safety (see attached letter). Staff has included these conditions in the draft
resolution attached to this report.
FISCAL IMPACT:
There is no cost to the City associated with the construction of the proposed wireless
communications faci ity.
Margo Wheeler, AdCPi David H. Ready, PhD
Director of Planning Services City Manager
City Council Staff Report
May 1, 2013— Page 5
5.1291 CUP Craig Wireless
Attachments:
1. Vicinity Map
2. Draft Resolution with Conditions of Approval
3. Planning Commission staff report dated 01/23/13
4. Planning Commission minutes 01/23/13 (excerpt)
5. Letter from Riverside County Airport Land Use Commission
6. Site Plan & Elevation Exhibits
7. Photo-Simulations
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Mi94
to¢Ys
Date: May 1, 2013
Subject: Case 5.1291 CUP Craig Wireless 401 Radio Road
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief 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 April 20, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief 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 April 17, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
Wmh
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, Chief 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 April 16, 2013, in a sealed envelope, with postage prepaid,
and depositing same in the U.S. Mail at Palm Springs, California. (243 notices)
I'd(1ec`lare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
06
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs,CA 92262 - -
760-778-4578/Fax 760-7784731 • ' L.
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2013 �.Pt 24 All 8� 3 I � 1
State Of California ss: �(� I
No One
County of Riverside C i IV y NOTCE CITY HING
CITY Of Pj1LN SPRINOS
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Advertiser:
CA%E NO WIF EIESSSSO 401 RADIO ROAD n
NOTICE ISoff 0,Gy of Palma9p11N �^NCwlll hdtl e
CITY OF PALM SPRINGS/LEGALS (bYlhearringattln ppaeoaI ,,mayl,2ots The
CouncPO BOX 2743 B:Qp Fm. m the,GaouncN Chamber at Clry Hall,
3200 test Tah9unz Canyon Way,Palm Sponge.
PALM SPRINGS CA 922632 ThepurposeMgtheheadngisto consider anapPli-
L Of Cub8$mft"
ab ar ayC 1901 1 use Permit Whalen On tofmstsit commer-
isdncgp yupCinl9�lpratatl on 1 thebusir W paoof rk at 0
Re Road. The antennas are Prof° to ex-
2000367511 tend 61leen teat 0 �pve the root sonata.
I am over the age of 18 years old, a citizen of the United
Stales and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any �',.. •i
supplement thereof on the following dales,to wit:
Newspaper: .The Desert Sun a ems„„es
4/20/2013 �.
ENVIRONMENTAL
is stegorkall exempt from anontruro re-
DBeveloprns nAtoMl of the c1xoCalli miaC Ennvironmental
ProPosed appli nEute p aCT INFORMATION:
anal re�docv
moms are avallable for public�revlsw at City Hall
between the hours of 8:00 a.m.ro
11:00 a.m.and 2:00 O.m.N 800 4m., "
I acknowledge that I am a principal clerk of the printer of thrcugh Thursday. Pease contact the oink like
the Cly Clerk at(760)323-8204 eviev these ddocu'
The Desert Sun, printed and published Weekly in the City to achedule an appointment
of Palm Springs, Coun of Riverside, State of California. "'ems.
lY COMMENT ON THIS APPLICATION: Resaaoonnsa
The Desert Sun was adjudicated a newspaper of general to Ihis nodce min be made ve theIIY
ei the pWM-
circulation on March 24, 1988 by the Superior Court of the ton cogmm ntsrreyb nmads two the CflY C°'gmoil by
County of Riverside. State of California Case No. Ion erPmmailornendde livery)to:
191236. ,lames Thompson,City CIO*
Poor,Springs CA 92262 ay
ArtychelJenge of Ma,proposed project in court
I declare under penalty of perjury that the foregoing is true may be limned to reaung only those.issues raised
lei dneDUWr�Woongde lbedr in his �,Oro'
and cortect. Executed on this 201h day of April, 2013 in written co {o tndsnV9he pubill hearing. (Gweinrnem
at, ar don,ro
Palm Springs, cAde ionAn opportunity will be h m said heans r for all
interested Personsrobeheardrwnnf. DavidA.regard-
ing t is cos may at(760)ffit3-8245dA.NaweN.con eats Dana.podsvor Ilame a
St necesne allude n uede hablar conla Ciudad de Palm SPd gs Yy pp �NadineFlegertelstonoV )323 H2C5.
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Laser/ Inkjet Labels AL Use 3MTemplate3100-A
CompatiblewithAvery®51600Template Feed Paper
,#1101SHBOR1,1000,C ITION REFS
CBEs 5�4 CUP MODCOM AND MR PETE MORUZZI
Cra1g viwe"s HISTORIC SITE REP-0-0- PALM SPRINGS MODERN COMMITTEE
PHN for CC Mwdng on C2 V 3 P.O. BOX 4738
PALM SPRINGS, CA 922634738
CITY OF PALM SPRINGS CASE 5.1291 CUP
PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS
VERIFICATION NOTICE-o-0-& ATTN SECRETARY/5.1291 CUP 506 W.SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS,CA 92262
PALM SPRINGS,CA 92263-2743
MS MARGARET PARK
AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA
INDIANS-D-D-D-0-0-0 INDIANS
5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264
SOBOBA BAND OF LUISENO INDIANS LUEBBEN JOHNSON&BARNNOUSE,
ATTN:JOSEPH ONTIVEROS LLP
INTERESTED PARTIES-o 2J-o CULTURAL RESOURCES MANAGER ATTN: RICHARD C.WADE, PARALEGAL
P.O. BOX 487 7424 4'STREET NW
SAN JACINTO, CA 92581 LOS RANCHOS DE ALBUQUERQUE,
NM 87107
MR RICHARD BRUNELLE JEFFREY E &ASSOCIATES
SPONSORS 4-J-D-0� CRAIG WIRELESS 1 SAN J QUIN PLAZA,#250
RANG HIGHWAY ,C WAY , PA 19087 r4
RANCHO MIRAGE,CA 92270
CUBE SMART, LP
460 E.SWEDEN FOR A ROAD
WAYNE, PA 19087
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Visit ourwebsite: Contact us:
www.3m.com/labels 1-800-395-1223
400' Radius-Public Notification Boundary October 11,2012
APN 669-430-014 Page I of 2
401 Radio Road JN 12151
Palm Springs CA 92262
669-430-014 1 669-430-016 2 669-430-017 3
U Store It Lp Ation Chino Cienega Foun Partments Ltd Palm Springs View
P O Box 320099 901 N Palm Canyon #200 500 W San Rafael Dr
Alexandria VA 22320 Palm Springs CA 92262 Palm Springs CA 92262
669-430-018 4 669-442-001 6
Reginald T Hall 669-430-019 5 Richard Paul Rutgard
410 San Rafael Dr Same As Key#2 505 Tramview Rd
Palm Springs CA 92262 Palm Springs CA 92262
669-452-001 8
669-442-004 7 Richard Rutgard D C 669-452-002 9
Same As Key 46 565 W Tramview Rd Same As Key#8
Palm Springs CA 92262
669-452-067 10 669-420-011 11
Nevrig L Mazmanian Dst Industries Inc 669-420-014 12
70320 Chappel Rd 34364 Goddard Rd Same As Key#I I
Rancho Mirage CA 92270 Romulus Mi 48174
669-420-021 14 669-420-002 15
669-420-019 13 Soc Desert Highlands A Dean J Bricker
Same As Key#11 45701 Monroe St#G 44251 Kings Canyon Ln
Indio CA 92201 Palm Desert CA 92260
669-441-014 18
669-430-013 16 669-430-008 17 Oad Housing Inc Sherman Las Vegas
Same As Key#1 Same As Key#2 233 Park Ave#201
Minneapolis Mn 55415
669-441-015 19 669-441-016 20 669-441-017 21
Same As Key#18 Same As Key#18 Same As Key#18
669-396-004 23 669-395-017 24
669-441-018 22 Steve&Donna Savage Pravina Cooper
Same As Key#18 21 Saba) Island Dr 2434 Southport Way#F
Ocean Ridge Fl 33435 National City CA 91950
669-395-018 25 669-395-019 26 669-395-020 27
Alan I Sherman Willie Jame olland Jesus N Medina
2334 Southport Way#F 83' Z pi Ave 466 Rosa Parks Rd
National City CA 91950 Inc, A 92203 Palm Springs CA 92262
669-395-021 28 669-395-022 29 669-395-023 30
Joe&James Mayfield Kathleen ell Les Wilson
22501 Chase No #6316 22807 galley Vista Cir p 1444 Alpine Dr
Aliso Viejo CA 92656 Wmar CA 92595 N� West Covina CA 91791
669-395-024 31
Joe W&Ruby Abner
520 Rosa Parks Rd
Palm Springs CA 92262
400' Radius—Current Occupants Listing October 11,2012
APN 669-430-014 JN 12151 Occ
401 Radio Road I of 7
Palm Springs CA 92262
669-452-067 10 669-442-001 6 669-442-001 6
Current Occupant Current Occupant Current Occupant
3443 N Anza Rd 3535 N Anza Rd#1 3535 N Anza Rd#2
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-442-001 6 669-442-001 6 669-442-001 6
Current Occupant Current Occupant Current Occupant
3535 N Anza Rd#3 3535 N Anza Rd 44 3535 N Anza Rd
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs 92262
669-442-001 6 669-442-001 6 669-442- O1 6
Current Occupant Current Occupant Curt
Occupant
3535 N Anza Rd#6 3535 N Anza Rd 47 353 Anza Rd 48
Palm Springs CA 92262 Palm Springs CA 92262 P in Springs CA 92262
669-442-001 6 669-442-001 6 669-442-001 6
Current Occupant Current Occupant Current Occupant
3535 N Anza Rd#9 3535 N Anza Rd#10 3535 N Anza Rd #11
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-442-001 6 669-442-001 6 669-442-001 6
Current Occupant Current Occupant Current Occupant
3535 N Anza Rd#12 3535 N Anza Rd# 3535 N Anza Rd#14
Palm Springs CA 92262 Palm Springs C 92262 Palm Springs CA 92262
669-442-001 6 669-442- 1 6 669-442-001 6
Current Occupant Curren ccupant Current Occupant
3535 N Anza Rd#A 3535 Anza Rd#B 3535 N Anza Rd #C
Palm Springs CA 92262 P Springs CA 92262 Palm Springs CA 92262
669-442-001 6 669-442-001 6 669-442-001 6
Current Occupant Current Occupant Current Occupant
3535 N Anza Rd#D 3535 N Anza Rd#E 3535 N Anza Rd#F
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-442-001 6 669-442-001 6 669-442-001 6
Current Occupant Current Occupant Current Occupant
3535 N Anza Rd#G 3535 N Anza Rd#H 3535 N Anza Rd#1
Palm Springs CA 9 62 Palm Springs CA 92262 Palm Springs CA 92262
669-442-001 6 669-442-001 6 669-442-001 6
Current Occ pant Current Occupant Current Occupant
3535 N A Rd#J 3535 N Anza Rd#K 3535 N Anza Rd#L
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-442-001 6 669-442-001 6 669-452-001 8
Current Occupant Current Occupant Current Occupant
3535 N Anza Rd#M 3535 N Anza Rd#N 3573 N Anza Rd
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-420-019 13 669-442-004 7 669-430-014 1
Current Occupant Current Occupant Current Occupant
3589 Mccarthy Rd 367 W Radio Rd 401 W Radio Rd#A1
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd #A2 401 W Radio Rd#A3 401 W Radio Rd#A4
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#A5 401 W Radio Rd#A6 401 W Radio Rd#A7
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#A8 401 W Radio Rd #A9 401 W Radio Rd#A10
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#Al 1 401 W Radio Rd#Al2 401 W Radio Rd#A]3
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#131 401 W Radio Rd #132 401 W Radio Rd#133
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#B4 401 W Radio Rd#135 401 W Radio Rd#B6
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#137 401 W Radio Rd#B8 401 W Radio Rd #B9
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#B 10 401 W Radio Rd#B 11 401 W Radio Rd#B 12
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
n
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#1313 401 W Radio Rd#B14 401 W Radio Rd#1315
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#1316 401 W Radio Rd#1317 401 W Radio Rd 41318
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#B 19 401 W Radio Rd#B20 401 W Radio Rd#B21
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current,Occupant Current Occupant
401 W Radio Rd#1322 401 W Radio Rd#1323 401 W Radio Rd#1324
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant
401 W Radio Rd#B25 401 W Radio Rd#B Pal 9 27
26 W Radio Rd#
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd 41328 401 W Radio Rd#1329 401 W Radio Rd#1330
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#1331 401 W Radio Rd 41332 401 W Radio Rd#1333
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#1334 401 W Radio Rd#C1 401 W Radio Rd#C2
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#C3 401 W Radio Rd#C4 401 W Radio Rd#C5
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669430-014 1 669-430-014 1 669-430-014 1
Current Occupant Current Occupant Current Occupant
401 W Radio Rd#C6 401 W Radio Rd#C7 401 W Radio Rd#C8
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current Occ nt Current Occupant Current Occ ant
401 W RZio Rd#C9 401 W Radio Rd#C 10 401 W to Rd#C l 1
Pal prings CA 92262 Palm Springs CA 92262 Palm rings CA 92262
669-430-014 1 669-430-014 1 669-430-014 1
Current O pant Current O pant Current O pant
401 W adio Rd#C12 401 W adio Rd#C13 401 W adio Rd#C14
Pal Springs CA 92262 P Springs CA 92262 Pal prings CA 92262
669-430-014 1 669-430-014 1 669-430-013 16
Current�ioRd#C]5
t Current Occupant Current Occupant
401 W 401 W Radio Rd#C16 500 W Radio Rd
Pal prings CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-395-019 26 669-395-021 28 669-430-017 3
Current Occupant Current Occupant Current Occupant
422 W Rosa Parks Rd 488 W Rosa Parks Rd 500 W San Rafael Or#F61
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#F62 500 W San Rafael Dr#F63 500 W San Rafael Dr#F64
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 66Xrrentant,
3 669-430-017 3
Current Occupant Cu Current Occupant
500 W San Rafael Dr#F65 50aeDr#F66 500 W San Rafael Dr#F67
Palm Springs CA 92262 PaA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#F68 500 W San Rafael Dr#F69 500 W San Rafael Dr#C33
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#C34 500 W San Rafael Dr#C35 500 W San Rafael Dr#C46
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#D50 500 W San Rafael Dr#D56 500 W San Rafael Dr#D57
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#D58 500 W San Rafael Dr#D59 500 W San Rafael Dr#D60
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#2 500 W San Rafael Dr#3 500 W San Rafael Dr 44
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current cupant Current Occupant Current Occupant
500 an Rafael Dr#5 500 W San Rafael Dr#6 500 W San Rafael Dr 47
P Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#8 500 W San Rafael Dr#9 500 W San Rafael Dr#10
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#11 500 W San Rafael Dr#12 500 W San Rafael Dr#13
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-01 3 669-430-017 3 669-430-017 3
Current cupant Current Occupant Current Occupant
500 San Rafael Dr#14 500 W San Rafael Dr#15 500 W San Rafael Dr#16
P in Springs
CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669430-017 3 669-430-017 3 669430-017 3
Current Occupant Current Occupant Current Occupant
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Current Occupant Current Occupant Current Occupant
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Current Occupant Current ccupant Current Occupant
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Current Occupant Current Occupant Curre Occupant
500 W San Rafael Dr#38 500 W San Rafael Dr#39 50 San Rafael Dr 440
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669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#41 500 W San Rafael Dr#42 500 W San Rafael Dr#43
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#44 500 W San Rafael Dr#45 500 W San Rafael Dr 946
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr 447 500 W San Rafael Dr 948 500 W San Rafael Dr#49
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#50 500 W San Rafael Dr#51 500 W San Rafael Dr#52
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#53 500 W San Rafael Dr#54 500 W San Rafael Or#55
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#56 500 W San Rafael Dr#57 500 W San Rafael Dr#58
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#59 500 W San Rafael Dr#60 500 W San Rafael Dr#61
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
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Current Occupant Current Occupant Current Occupant
500 W San Rafael Dr#62 500 W San Rafael Dr#63 500 W San Rafael Dr#64
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
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Current Occupant Current Occupant Current Occupant
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Current Occupant Current O upant Current Occupant
500 W San Rafael Dr#68 500 W an Rafael Dr#69 500 W San Rafael Dr#70
Palm Springs CA 92262 Pal Springs CA 92262 Palm Springs CA 92262
669-430-017 3 669-430-017 3 669-430-017 3
Current Occupant Current Occupant Current Occupant
500 W San Rafael Or#A2 500 W San Rafael Dr#A3 500 W San Rafael Or 4A4
Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
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500 San Rafael Dr#A5 500 W San Rafael Dr#A6 500 W San Rafael Or#A7
P Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
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Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
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Current Occupant Current Occupant Current Occupant
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Palm Springs CA 92262 Palm Springs CA 92262 Palm Springs CA 92262
669-430-017 3
Current Occupant
500 W San Rafael Dr#1332
Palm Springs CA 92262
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE NO. 5.1291 CONDITIONAL USE PERMIT
CRAIG WIRELESS
401 RADIO ROAD
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public hearing at its meeting of May 1, 2013. 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 Craig Wireless on behalf of
CubeSmart LP for a Conditional Use Permit to install commercial communication antennas on
the roof of an existing building located in the business park at 401 Radio Road. The antennas
are proposed to extend fifteen feet (15') above the roof surface.
ENVIRONMENTAL DETERMINATION: This project is categorically exempt from
environmental review pursuant to Section 15332 (Class 32 — In-Fill Development) 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
11:00 a.m. and 2:00 p.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, Associate Planner, at
(760) 323-8245.
Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
mes Thompson, City Clerk
47
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CITY OF PALM SPRINGS
CASE: 5.1291 CUP DESCRIPTION: A request for a Conditional Use
Permit to construct and operate a wireless
APPLICANT: Craig Wireless communication facility on the rooftop of an existing
building located at 401 Radio Road, Zone M-1,
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CITY OF PALM SPRINGS
CASE: 5.1291 CUP DESCRIPTION: A request for a Conditional Use
Permit to construct and operate a wireless
APPLICANT: Craig Wireless communication facility on the rooftop of one of the
existing buildings located in the business park at 401
Radio Road, Zone M-1, Section 34.
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT CASE NO. 5.1291, 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:
10
Resolution No.
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.
11
Resolution No.
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 are to be satisfied
unless otherwise specified.
ADOPTED this 1st day of May,.2013.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
12
Resolution No.
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. 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
13
Resolution No.
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. Project 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
14
Resolution No.
Page 6
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
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.
15
Resolution No.
Page 7
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.
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(I) 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).
16
Resolution No.
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.
17
Resolution No.
Page 9
AIR 5. The Federal Aviation Administration has conducted an aeronautical study of
the proposed antenna tower (2013-AWP-1210-0E) and has determined that
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 aboveground 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
18
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Date: January 23, 2013
Case No.: 5.1291 CUP
Type: Conditional Use Permit
Location: 401 Radio Road
APN: 669-430-014
Applicant: Craig Wireless on behalf of CubeSmart LP
General Plan: MU / MU (Mixed Use / Multi-Use)
Zone: M-1 (Service / Manufacturing) & PD 87 (Planned Development 87)
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: David A. Newell, Associate Planner
PROJECT DESCRIPTION:
The application is a request by Craig Wireless for a Type II Conditional Use Permit to
install and operate commercial communication antennas on the rooftop of an existing
building located in the business park at 401 Radio Road. The antennas are proposed to
extend fifteen feet (15') above the roof surface.
RECOMMENDATION:
That the Planning Commission recommends approval of the Conditional Use Permit to
the City Council for the installation of rooftop commercial communication antennas at
401 Radio Road.
19
Planning Commission Staff Report January 23, 2013
Case 5.1291 CUP—Craig Wireless Page 2 of 6
401 Radio Road
PRIOR ACTIONS:
On January 7, 2013, the Architectural Advisory Committee (AAC) reviewed the
proposed project and unanimously recommended approval as submitted.
BACKGROUND AND SETTING:
Craig Wireless has submitted an application for a Type II Conditional Use Permit. The
applicant has secured a Letter of Authorization with the property owner to proceed with
the application.
In 1980, the City Council approved a Planned Development (PD 87) to allow
construction of a mini-warehouse and industrial business park, including a 3.2 acre
property located on the southeast corner of Radio Road and McCarthy Road. As
constructed, the business park consists of three buildings, parking and landscaping.
Existing
Monopole
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EM
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Site Proposed
Wireless Facility
Location
A commercial communication monopole exists at the northwest corner of the site. The
proposed wireless communication facility will be located on the roof of the building at
the northeast corner of the site. Three antenna panels will be located on a metal frame
rack structure. The associated equipment cabinet will be located adjacent to the frame
structure on the roof and stand approximately fifty-two inches (52") tall above the
20
Planning Commission Staff Report January 23, 2013
Case 5.1291 CUP—Craig Wireless Page 3 of 6
401 Radio Road
surface. This cabinet will exceed the existing parapet by approximately six to eight
inches.
Table 1: Surrounding General Plan Designations, Zones andland Uses:
General Plan Zoning Existing Land Uses
PD 87, M-1 & R-2
North MU / MU (Planned Development 87, Mini-warehouse
(Mixed Use / Multi-Use) Service / Manufacturing, and
Limited Multi-family Residential
South Medium DeMDRnsity Residential Planned DeDvelopment 167 Apartment
MU / MU M-1
East Mixed Use/ Multi-Use Service / Manufacturing) Vacant
West MU / MU 1/ Multi-Use (Single Family Residential)09 Industrial Park
Mixed Use
ANALYSIS:
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, staff believes that the use as proposed is
compatible with this designation as it supports cellular needs of the surrounding
residential and commercial uses.
The zoning designation is M-1 (Service / Manufacturing) & PD 87 (Planned
Development 87), and the use is permitted with the approval of a Type 11 Conditional
Use Permit, pursuant to Section 93.23.08 and 94.02.00(A)(2)(f) of the Palm Springs
Zoning Code (PSZC). A Type II Conditional Use Permit is required for commercial
communication antennas that may have a visual impact in the surrounding area as
determined by the Director of Planning Services. Type II CUP's require City Council
approval.
The proposed communication antennas conform to the height limits of Section 92.23.08
(Antennas) of the Zoning Code. The Zoning Code permits antenna heights of sixty feet
above the ground in M-1 Zone. The proposed commercial communication system will
extend fifteen feet above the roof surface and thirty-three feet above the finished floor
surface.
As previously mentioned above in this staff report, an equipment cabinet will be installed
adjacent to the antennas on the roof and extend about eight inches above the existing
parapet. Pursuant to Section 93.03.00(B) of the PSZC, all buildings are subject to the
following:
No mechanical equipment or duct work shall be allowed on the roof unless
it is located in an orderly fashion to blend in with its surroundings and is
2�.
Planning Commission Staff Report January 23, 2013
Case 5.1291 CUP—Craig Wireless Page 4 of 6
401 Radio Road
concealed by roof structure, or other approved screening, which is no less
than six (6) inches greater in height than the equipment being screened.
Required screening shall be an integral part of the architecture. The
planning commission or the director of planning and building may
otherwise approve such equipment which may not meet this requirement if
it is located in an orderly fashion to blend in with its surroundings...
Staff is not requesting that additional screening be installed around the cabinet, since
most of the cabinet will be screened by the existing parapet wall. Staff also believes an
additional screening plane would draw more attention to the wireless facility. However,
staff has included a Condition of Approval (PLN 1) that requires the applicant paint the
equipment cabinet a medium brown or gray.
REQUIRED FINDINGS:
The Planning Commission 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 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.
22
Planning Commission Staff Report January 23, 2013
Case 5.1291 CUP— Craig Wireless Page 5 of 6
401 Radio Road
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.
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.
ENVIRONMENTAL DETERMINATION:
This project is categorically exempt from environmental review pursuant to Section
15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act
(CEQA).
NOTIFICATION:
A notice was published in the Desert Sun and mailed to all property owners within a four
hundred (400) foot radius in accordance with State law. As of the writing of this report,
no correspondence from the public has been received by staff.
David A. Ne ell C wing, AfiAP
Associate Planner Director of Plan in Services
23
Planning Commission Staff Report January 23, 2013
Case 5.1291 CUP—Craig Wireless Page 6 of 6
401 Radio Road
ATTACHMENTS:
- 400' Radius Map
Draft Resolution with Conditions of Approval
- Site Plans
- Elevations
- Photographic Simulations
24
Planning Commission Minutes
January 23, 2013
1 Case 3.3108 MAJ - A request for a one-year time extension by Indian Oasis
elf Storage, LP, for the previously approved construction of a 65-unit self
s age facility located at 900 San Luis Rey Drive, Zone M-1, Section 20.
(Pro t Planner: Glenn Mlaker,Assistant Planner)
Approved, as p ented.
1C. Case 5.0996-PD 4 - A request for a one-year time extension by Wessman
Development for t previously approved Crescendo Planned Development
District 294; a 79-lo igh-end single-family residential development in a
42.2-acre parcel locate long West Racquet Club Road and Vista Grande
Avenue; Zone R-1-A/P -294, Section 3. (Project Planner: Edward
Robertson, Principal Planner
Approved, as presented.
2. OTHER BUSINESS:
2A. Case 5.1282 CUP and 5.1283 CUP Interventi 911 - Appeal of Planning
Director's determination.
ACTION: To continue to a date certain of February 13, 2013.
Motion Lyn Calerdine, seconded by Vice Chair Hudson and unam usly carried
5-0 on a roll call vote.
AYES: Philip Klatchko, J.R. Roberts, Chair Donenfeld, Vice Chair Hud Lyn
Calerdine
ABSENT: Leslie Munger, Kathy Weremiuk
3. PUBLIC HEARINGS:
3A. Case 6.1291 CUP - A request by Craig Wireless for a Conditional Use Permit
to install commercial communication antennae on the roof of an existing
building located in the business park at 401 Radio Road, Zone M-1, Section
34. (Project Planner: David A. Newell, Associate Planner)
David A. Newell, Associate Planner, provided background information as outlined in the
staff report in the staff report dated January 23, 2013.
3 25
Planning Commission Minutes
January 23, 2013
Chair Donenfeld opened the public hearing:
-Bob Lienhard, applicant, addressed questions from the Commission and provided
further details.
There being no further appearances the public hearing was closed.
ACTION: To recommend approval to the City Council, subject to Conditions of
Approval, as amended:
-Location of communication antenna shall be on rooftop towards the center of, the
building.
Motion Lyn Calerdine, seconded by Philip Klatchko and unanimously carried 5-0
on a roll call vote.
AYES: Philip Klatchko, J.R. Roberts, Chair Donenfeld, Vice Chair Hudson, Lyn
Calerdine
ABSENT: Leslie Munger, Kathy Weremiuk
3B. Case 5.1292 CUP - A request by Craig Wireless for a Conditional Use P it
to install commercial communication antennae on the roof of a isting
office building located at 1330 North Indian Canyon Drive, Zone , Section
11. (Project Planner: David A. Newell, Associate Planner)
Vice Chair Hudson noted his abstention on this item and left Council Chamber at
2:11 pm.
David A. Newell, Associate Planner, provided back nd information as outlined in the
staff report dated January 23, 2013.
Chair Donenfeld opened the public hear'
-Bob Lienhard, applicant, reppo d to questions from the Commission and provided
further details.
There being no furth omments the public hearing was closed.
Associate P er Newell noted a correction on the draft resolution, PLN 7, the
maximu fight of the antenna is 41 feet from finished grade.
ON: To recommend approval to the City Council, subject to Conditions of
pproval.
26
4
AIRPORT LAND USE COMMISSION
RIVERSIDE COUNTY
�, bm
CHAIR April 3, 2013
Simon Housman
Rancho Mirage
VICE CHAIRMAN Mr' David Newell, Associate Planner
Rod Ballance City of Palm Springs Planning Department
Riverside 3200 E. Tahquitz Canyon Way
Palm Springs CA 92262
CGMMISSIGNERS
Arthur Butler RE: AIRPORT LAND USE COMMISSION (ALUC) DEVELOPMENT REVIEW
Riverside
Glen Holmes File No.: ZAP1013PS13
Hemet Related File No.: CUP No. 5.1291
John Lyon APN: 669-430-014
Riverside
Dear Mr.Newell:
Greg Pettis
Cathedral City Under the delegation of the Riverside County Airport Land Use Commission(ALUC), staff
Richard Stewart reviewed the above- referenced proposal to establish an unmanned telecommunications
Moreno valley facility consisting of antennas on a 15-foot tower located atop the roof of an existing building
(rising a total of 11 feet above the roof parapet) with an address of 401 West Radio Road,
within a fully developed 3.18-acre parcel located at the southeast comer of Radio Road and
STAFF McCarthy Road in the City of Palm Springs.
Director
Ed Cooper The site is located in Airport Compatibility Zone E of the 2005 Palm Springs International
John Guerin Airport Land Use Compatibility Plan. The maximum height at the top of the tower will not
Russell Brady exceed 33 feet above ground level,but, as the site elevation was considerably greater than the
Barbara Santos
elevation of the Amway, review by the Federal Aviation Administration(FAA)Obstruction
NnlyAdmirishali eCenter Evaluation Service was required. This review has been completed, resulting in an FAA
4080 Lemon S00h Flom.
Rerside,cA92501 Determination of No Hazard to Air Navigation for the proposed project.
(951)9555132
As ALUC Director, I hereby find the above-referenced project CONSISTENT with the 2005
w MIM.0m Palm Springs International Airport Land Use Compatibility Plan, subject to the following
conditions:
CONDITIONS:
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.
2. The following uses shall be prohibited:
(a) Any use which would direct a steady light or flashing light of red, white, 27
green, or amber colors associated with airport operations toward an aircraft
AIRPORT LAND USE COMMISSION April 3, 2013
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.
3. The attached notice shall be provided to all potential purchasers and lessees of the
property or any portion thereof.
4. Within five (5) days after construction reaches its greatest height, the project
developer shall e-file Form 7460-2, Part 11 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.ocaaa.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.
5. The Federal Aviation Administration has conducted an aeronautical study of the
proposed antenna tower(2013-AWP-1210-OE) and has determined that 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.
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.
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.
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 28
2
AIRPORT LAND USE COMMISSION April 3, 2013
is provided to the Federal Aviation Administration through the Form 7460-1 process.
If you have any questions, please contact Russell Brady, Contract Planner, at(951) 955-0549,
or John Guerin, ALUC Principal Planner, at(951) 955-0982.
Sincerely,
RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION
dward C. Co er, Director
JJGJG:bk
Attachments: Notice of Airport in Vicinity
Aeronautical Study No. 2013-AWP-1210-OE
cc: Thomas Nolan, Manager,Palm Springs International Airport
Richard Burnelle, Craig Wireless Palm Springs, hic. (representative/payee)
Cube Smart L.P.
U Store It(Alexandria,VA)
ALUC Staff
Y:\AIRPORT CASE FILES\Pahn Springs\ZAP1013PS13\ZAP1013PS13LTR.doc
29
3
NOTICE OF AIRPORT IN
VICINITY
This property is presently located in the vicinity of an
airport, within what is known as an airport influence
area . For that reason , the property may be subject to
some of the annoyances or inconveniences associated
with proximity to airport operations (for example: noise ,
vibration , or odors). Individual sensitivities to those
annoyances can vary from person to person . You may
wish to consider what airport annoyances, if any, are
associated with the property before you complete your
purchase and determine whether they are acceptable to
you . Business & Professions Code Section 11010 (b)
(J 3)(A)
0
Riverside County GIS Page 1 of 5
RIVERSIDE COUNTY GIS
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LEGEND
SELECTED PARCEL INTERSTATES `,' HIGHWAYS L PARCELS
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'IMPORTANT'
Maps and data are to be used for reference purposes only.Map features are approximate,and are not necessarily accurate to surveying or engineering
standards.The County of Riverside makes no warranty or guarantee as to the content(the source is often third party),accuracy,timeliness,or
completeness of any of the data provided,and assumes no legal responsibility for the informabon contained on this map.Any use of this product with
respect to accuracy and precision shall be the sole responsibility of the user.
STANDARD REPORT
APNS
66943"14-9
OWNER NAME/ADDRESS
U STORE IT LP
401 W RADIO RD
PALM SPRINGS,CA.92262
42
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