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HomeMy WebLinkAbout12/1/2010 - STAFF REPORTS - 1.A. Mr. Mayor and City Council Members Good evening My name is Robert Wilson. I am a practitioner, youth coordinator, and core council member at the Center for Spiritual Living Palm Springs and a residence of Palm Springs for the past thirty years. I am a retired teacher and a 10 year cancer survivor. In the few minutes I have, I would like to familiarize you with the Center for Spiritual Living Palm Springs through a brief description of what the Center is and how the Center serves the community. The Center for Spiritual Living Palm Springs is a member of the United Religious Science worldwide organization. As a new thought organization, Religious Science can be approached as a science, a philosophy and a spiritual movement. We are a straightforward approach to the Universal Truths found in many of the world's religions. As a science, we use the scientific principles that scientist are now proving. As a philosophy, it is a simple, practical, down to earth way of understanding the full nature of the Universe and our relationship to it. As a spiritual movement it provides positive affirmative methods of obtaining the good life. The Center for Spiritual Living Palm Springs has been in existence for 53 years in Palm Springs. The Center for spiritual Living Palm Springs has been in community service at its present location on Racquet Club Road for the past 26 years. In those 26 years it has provide the local community with a facility for programs such as Alcoholics Anonymous, rummage sales, community dinners, parking lot and garage sales, Ti Chi, various youth programs, the community polling site, countless educational programs, charity fund raising, weddings, commitment ceremonies, memorial services, graduation exercises, among others and the Center regularly tithes back to other community organizations. The congregation of the Center for Spiritual Living Palm Springs is composed largely of maturing individuals who find themselves on fixed and limited incomes. We number just over 100 members but have been friends to thousands. In any given week among the spiritual services, classes, numerous programs and activities, more than 300 individuals are served. By its very nature, the Center for Spiritual Living Palm Springs attracts many local people on a temporarily basis who find themselves with health related problems, career and work problems and relationship problems all seeking help to overcome their daily concerns. We do as much as we can to be good neighbors. We have tried to keep the facility attractive looking with programs and services available to all. However, due to the recent financial downturn in the country, the Center for Spiritual Living Palm Springs has had to downsize. During the past year, we have had to eliminate the position of assistant minister and reduce the hours of the office personnel. The inability to provide financing to weatherize the facility has necessitated the curtailing of some of the programs. The crumbling pavement of the parking lot is in need of resurfacing, the fading and cracking exterior of the building needs maintenance and painting, and the dying and inappropriate landscape needs to be replaced with desert landscaping. We currently find ourselves unable to maintain our facility in order that we may continue to serve the local community as we would like. The renting of a small area on the grounds of the Center for Spiritual Living Palm Springs to T-Mobile will provide us with some funding to do necessary repairs to the facility, to provide adequate staff, and to continue serving the community. The Center has always worked in full cooperation with the local community. The objections by a limited number of people many with personal issues and some who have based their objections on false information to the T-Mobil cell tower to be located on the grounds of the Center for Spiritual Living Palm Springs do not outweigh the positive attributes to the local community that will be provided by the funds obtained. Thank you. Good Evening, Mayor Pougnet, Councilwoman Foat, Councilman Hutchinson, Councilman Mills and Councilman Wiegle My name is Paul Hietter. I am a resident of Palm Springs, a member of the Center for Spiritual Living Palm Springs and also serve as the Chairman of our Core Council. As Core Council Chairman one of my responsibilities is to review all aspects of agreements and other business transactions in which the Center is involved. While we did not seek out the T-Mobile Cell Tower, we have sought ways to improve our cash flow and attend to the many financial needs of the center. The Center has always had the desire to install a feature that would serve as an emblem for our congregation. That the desired structure comes as a wireless facility was how the opportunity presented itself. The Center had intended to adorn the structure with words of peace in different languages and appropriate symbols. However, the architectural committee asked that the structure remain concrete to avoid violating the sign ordinance. We concur with the committee and will place a plaque at the foot of the structure designating it as our symbol for peace. When the proposal from. T-Mobil was initially presented to our Core Council in early Fall, we, like the members of the surrounding community, had many concerns. One major concern dealt with the health issue. We had all heard the same scenarios regarding frequency waves. We have, however, done our due diligence regarding the health concerns and radiofrequency (RF) waves. In no way would we subject our neighbors or our members to any ill harm. Once armed with the facts and the empirical scientific data we felt confident that this was a project on which to move forward. The matter this evening is simply a debate as to whether or not you accept the scientific fact that there is no health impact associated with these types of facilities. To decide this matter on claims other than those based on the scientific data that indicates that there is no health related concern with this T- Mobil cell tower would undermine the spirit of the fact finding portion of the land-use application process. The Center for Spiritual. Living Palm Springs has reviewed the issues raised during the Planning Commission hearing as well. We don't believe the claims are supported by the facts detailed in T-Mobile's submittals. For example: Proponents to the cell tower maintain that the sculpture would create a negative visual impact. This implies that everyone in the community has the same view. Also that everyone enjoys the current view of power lines that encircle the neighborhood. When I attended the planning commission meeting a few months ago, it was apparent that we had not communicated to the community what the cell tower would mean for the community. We have since held two public meetings and mailed over 650 letters out to the immediate surrounding neighbors. From 650 letters and open forum meetings, 5 people showed up. This would suggest that there isn't any interest in knowing the truth and how this could positively impact this part of the community. These are just a few points to consider. Our recommendation is to approve the variance and allow this cell tower to be built with its present design. It will allow the center to maintain and handle deferred maintenance of our property and continue to serve our community as we have done for 56 years. Thank you for your consideration. Cancer in Vista del Monte Elementary School in Palm Springs with a Cell Tower on Campus In February 2010, 1 received an E-mail from Kim McClinton, a science teacher at Vista del Monte elementary school in Palm Springs, California. She had heard about the La Quinta study and thought her school had the same problem. The school had a reputation for being a "cancer school' in the school district. Since 2005, there has been a cell phone tower located within a few feet of a classroom wing in the school courtyard. During a visit to the school, I showed Kim how to use the G/S meter, and she produced a color-coded analysis of G/S readings by classroom. The entire school had very high dirty electricity readings. Their dirty electricity levels were higher than those at the La Quinta school. The Vista del Monte G/S readings averaged 1,300 compared to 750 at La Quinta. The cancers (twelve cancers, including six female breast cancers among seventy-five personnel employed at the school since 1990) were over-represented in the wing of the school closest to the cell tower, and the G/S readings were highest in the classrooms closest to the cell tower base. At the same stage of the investigation, La Qunita school had eleven cancers in 137 teachers. Cell tower transmitters, like most modern electrical equipment, operate on direct current. The electrical current brought to the tower is alternating current which needs to be changed to direct current. This is done by a switching power supplies or an inverter. These devices interrupt the AC current and are the likely source of the dirty electricity in the wing of the school closest to the tower. From: Dirty.Electricity Available from Amazon.com See: Http:Hsammilham.com for links to recent papers �7N %- "YA Alt vE u t L-PA4 AMERICAN JOURNAL OF INDUSTRIAL MEDICINE(2008) A New Electromagnetic Exposure Metric: High Frequency Voltage Transients Associated With Increased Cancer Incidence in Teachers in a California School Samuel Milham, MD,MPH" t and L. Lloyd Morgan, ast Background In 2003 the teachers at La Quinta, California middle school complained that they had more cancers than would be expected. A consultant for the school district denied that there was a problem. Objectives P)investigate the cancer incidence in the teachers, and its cause. Method We conducted a retrospective study gfcancer incidence in the teachers'cohort in relationship to the school's electrical environment. Results Sixteen school teachers in a cohort of 137 teachers hired in 1988 through 2005 were diagnosed with 18 cancers. The observed to expected(0/E)risk ratio for all cancers was 2.78 (P=0.000098), while the O/L risk ratio for malignant melanoma was 9.8 (P=0.0008).Thyroid cancer had a risk ratio of 13.3(P=0.0098),and uterine cancer had a risk ratio crf 9.2 (P.=0.019). Sixty Hertz magnetic fields showed no association with cancer incidence. A new exposure metric, high frequency voltage transients, did show a positive correlation to cancer incidence.A cohort cancer incidence analysis of'the teacher population showed a positive trend (P=7.1 x 10-10) of increasing cancer risk with increasing cumulative exposure to high frequency voltage transients on the classmom's electrical wiring measured with a Graham/Stetzer(G/S) meter. The attributable risk of cancer associated with this exposure was 64%.A single yearal'employment at this school increased a teacher's cancer risk by 21%. Conclusion The cancer incidence in the teachers at this school is unusually high and is stanzgly associated with high ,frequency voltage transients, which may be a universal carcinogen, similar to ionizing radiation. Am.J.Ind.Med.2008. ®2008 Wiley-Liss,Inc. KEY WORDS: high frequency voltage transients; electricity; dirty power; cancer; school teachers; carcinogen Abbreviations:EMP,,electromagnetic fields;0,observed cases;E.expected cases;O/E, BACKGROUND risk ratio;p,probability;Hz,Hertz or cycles per second;OSHA,Occupational Safety and Health Administration,OCMAP,occupational mortality analysis program;AM,amplitude Since the 1979 Wertheimer—Leeper study (Wertheimer modulation;GS units,Graham/Stetzer units;G/S meter,Graham/Stetzer meter;MS II,Micro- surge II meter;mG,milligauss;EKG,electrocardiogram;LAMS,La Quinta Middle School. and Leeper, 1.9791 there has been concern that exposure to Washington State Departmentof HealthJumwater,washington power frequency (50/60 Hz) EMFs, especially magnetic "Retired. fields, may contribute to adverse health effects including Retired Electronic Engineer, 'Correspondence to:Samuel Milham,2318 Gravelly Beach Loop NW,,Olympia,WA98502. cancer.Until now,the most commonly used exposure metric E-mail,smilharn2 Ucomcast.net has been the time-weighted average of the power-frequency Accepted 29 April 2008 magnetic field. However,the low risk ratios in most studies DOI10.1002/ajim20598.Published online in WileylnterScience suggest that magnetic fields might be a surrogate for a more (www.interscience.wileycom) important metric. In this paper we present evidence that a 2008 Wiley-Liss,Inc. 2 Milham and Morgan new exposure metric, high frequency voltage transients conductive plumbing,while within buildings,it is usually the existing on electrical power wiring,is an important predictor result of interrupted current generated by electrical appli- of cancer incidence in an exposed population. ances and equipment. The new metric, GS units, used in this investigation is Each interruption of current flow results in a voltage measured with a Graham/Stetzer meter (G/S meter) also spike described by the equation V=L x di/dt,where V is the known as a Microsurge 11 meter (MS 11 meter), which is voltage, L is the inductance of the electrical wiring circuit plugged into electric outlets [Graham, 20051. This meter and di/dt is the rate of change of the interrupted current.The displays the average rate of change of these high frequency voltage spike decays in an oscillatory manner.The oscillation voltage transients that exist everywhere on electric power frequency is the resonant frequency of the electrical circuit. wiring.High frequency voltage transients found on electrical The G/S meter measures the average magnitude of the rate of wiring both inside and outside of buildings are caused by an change of voltage as a function of time (dV/dT). This interruption of electrical current flow. The electrical utility preferentially measures the higher frequency transients.The industry has referred to these transients as "dirty power." measurements of dV/dT read by the meter are defined as GS There are many sources of "dirty power" in today's (Graham/Stetzer)units. electrical equipment. Examples of electrical equipment The bandwidth of the G/S meter is in the frequency range designed to operate with interrupted current flow are light of these decaying oscillations.Figure 1 shows a two-channel dimmer switches that interrupt the current twice per cycle oscilloscope display.One channel displays the 60 Hz voltage (120 times/s), power saving compact fluorescent lights that on an electrical outlet while the other channel with a 10 kHz interrupt the current at least 20,000 times/s,halogen lamps, hi-pass filter between the oscilloscope and the electrical electronic transfonners and most electronic equipment outlet,displays the high frequency voltage transients on the manufactured since the mid-1.98Os that use switching power same electrical outlet[Havas and Stetzer,2004,reproduced supplies.Dirty power generated by electrical equipment in a with permission]. building is distributed throughout the building on the electric Although no other published studies have measured high wiring.Dirty power generated outside the building enters the frequency voltage transients and risk of cancer,one study of building on electric wiring and through ground rods and electric utility workers exposed to transients from pulsed Name .'"ll.,A J Data -7/2/03 7/M3 L T ine W 5.45.50 PM 5:45:50 PM YSGale w 50 V/piv 50 mV/Div Y AI 50k.. •32-M V 32.00 mV XScale 2 ms/0rr 2 mmss /piv XAA 0% •3 20 ms -3.20 Y ..::---- X Size -1009110991 1007(1 Wn A Maa�m 171.29V Overload [ 72v u..lcrlaaa 1 sz msXL L m % 59 dx - ms Y1: t76,17 6,17mV Y2' 1IR33mV I i 3.2(1 ms 2 /Div -- -- - -- --- ---- -------------------------------------------------------------- THE WAVEFy ORM WAS COLLECTED IN ROOM 114 AT THE ELGIN/MILLVILLE MN HIGH SCHOOL. CHANNEL 1 WAS CONNECTED TO THE 120 VAC UTILITY SUPPLIED POWER RECEPTACLE. CHANNEL 2 WAS CONNECTED TO THE SAME POTENTIAL, EXCEPT THROUGH THE GRAHAM UBIQUITOUS FILTER. (REMOVES THE 60 HERTZ) THE AREA, BETWEEN THE CURSORS REPRESENTS A FREQUENCY OF 25 KILO HERTZ. A TEACHER WHO PREVIOUSLY OCCUPIED THE ROOM DIED OF BRAIN TUMORS AND THE TEACHER IN THE ADJOINING ROOM DIED OF LUEKEMIA. FIGURE I. O5eilloscope display of dirty power:60Hz electrical power(channell)with concurrent high frequency voltage transients (channel2).A10 kHz hi-passfilter wasused on channell in ordertofilteroutthe 60 Hzvottageand its harmonics.[Colorligurecan beviewed in the online issue.which is available at www.interacienee-wileycom.l High Frequency Voltage Transients and Cancer 3 electromagnetic fields found an increased incidence of lung with prosecution for "unlawful.. trespass," and the teacher cancer among exposed workers [Armstrong et al., 19941. who had invited us into the school received a letter of reprimand. The teachers then filed a California OSHA INTRODUCTION complaint which ultimately lead to a thorough measurement of magnetic fields and dirty power levels at the school by the in February 2004,a Palm Springs,California newspaper, California Department of Health Services which provided The Desert Sun, printed an article titled, "Specialist the exposure data for this study. They also provided discounts cancer cluster at school," in which a local tumor comparison dirty power data from residences and an office registry epidemiologist claimed that there was no cancer building, and expedited tumor registry confirmation of cluster or increased cancer incidence at the school [Perrault, cancer cases. 20041. An Internet search revealed that the teacher Classrooms were measured at different times using population at La Quinta Middle School (LAMS) was too 3 meters: an FW Bell model 4080 tri-axial Gaussmeter, a small to generate the 11 teachers with cancer who were Dexsil 310 Gaussmeter, and a Graham-Stetzer(G/S)meter. reported in the article.The school was opened in 1988 with The Bell meter measures magnetic fields between 25 and 20 teachers hired that year. For the first 2 years, the school 1,000 Hz. The Dexsil meter measures magnetic fields operated in three temporary buildings,one of which remains. between 30 and 300 Hz. The G/S meter measures the In 1990, a newly constructed school opened. In 2003, the average rate of change of the high frequency voltage teachers complained to school district management that they transients between 4 and 150 KHz. believed that they had too many cancers.Repeated requests All measurements of high frequency voltage transients to the school administration for physical access to the school were made with the G/S meter.This meter was plugged into and for teachers' information were denied.We contacted the outlets, and a liquid crystal display was read. All measure- teachers,and with their help,the cancers in the group were ments reported were in GS units. The average value was characterized. One teacher suggested using yearbooks to reported where more than one measurement was made in a develop population-at-risk counts for calculating expected classroom. cancers. We were anxious to assess the electrical environ- We measured seven classrooms in February 2005 using ment at the school,since elevated power frequency magnetic the Bell meter and the G/S meter.Later in 2005,the teachers field exposure with a positive correlation between duration of measured 37 rooms using the same meters.On June 8,2006, exposure and cancer incidence had been reported in first floor electrical consultants for the school district and the office workers who worked in strong magnetic fields above California Department of Health Services (Dr. Raymond three basement-mounted 12,000 V transformers [Milham, Neutra)repeated the survey using the G/S meter and a Dexsil 19961.We also wanted to use a new electrical measurement 320 Gaussmeter,measuring 51 rooms.We used results of this tool, the Graham/Stetzer meter, which measures high June 8,2006 sampling in our exposure calculations,since all frequency voltage transients. classrooms were sampled, multiple outlets per room were The Graham/Stetzer Microsurge II meter measures the sampled, and an experienced team did the sampling. average rate of change of the transients in Graham/Stetzer Additionally,GS readings were taken at Griffin Elementary units (GS units). Anecdotal reports had linked dirty power school near Olympia,Washington,and Dr.Raymond Neutra exposure with a number of illnesses [Navas and Stetzer, provided GS readings for his Richmond California office 20041. We decided to investigate whether power frequency building and 125 private California residences measured in magnetic field exposure or dirty power exposure could another Northern California study. explain the cancer increase in the school teachers. All the cancer case information was developed by personal,telephone,and E-mail contact with the teachers or METHODS their families without any assistance from the school district. The local tumor registry verified all the cancer cases with the After the school administration (Desert Sands Unified exception of one case diagnosed out of state and the two cases School District)had refused a number of requests to assist in reported in 2007. The out-of state case was verified by helping us evaluate the cancers reported by the teachers,we pathologic information provided by the treating hospital.The were invited by a teacher to visit the school after hours to teachers gathered population-at-risk information (age at make magnetic field and dirty power measurements.During hire,year of hire,vital status,date of diagnosis,date of death, that visit,we noted that,with the exception of one classroom and termination year) from yearbooks and from personal nearthe electrical service room,the classroom magnetic field contact. The teachers also provided a history of classroom levels were uniformly low, but the dirty power levels were assignments for all teachers from annual classroom assign- very high,giving many overload readings.When we reported ment rosters (academic years 1990-1991 to 2006-2007) this to Dr.Doris Wilson,then the superintendent of schools generated by the school administration. The school admin- (retired December, 2007), one of us (SM) was threatened istration provided a listing of school employees, including 4 Milham and Morgan the teachers,to the regional tumor registry after the teachers information was limited to the two authors, No patient- involved the state health agency by submitting an OSHA specific information was obtained from the tumor registry. complaint. The information we obtained anecdotally from With the individual's permission we provided the registry the teachers, yearbooks, and classroom assignment rosters with case information for a teacher with malignant was nearly identical to that given to the tumor registry.None melanoma diagnosed out of state.The exposure information of the cancer cases were ascertained initially through the was provided by the California Department of Health cancer registry search. Services. The basic findings of the study were presented to Published cancer incidence rates by age, sex, and race the Desert Sands Unified School District School Board and at for all cancers,as well as for malignant melanoma,thyroid, a public meeting arranged by the teachers. uterine, breast, colon, ovarian cancers, and non-Hodgkin's lymphoma (NHL) were obtained from a California Cancer RESULTS Registry publication[Kwong et al„20011.We estimated the expected cancer rate for each teacher by applying year,age, Electrical Measurements sex, and race-specific cancer incidence rates from hire date until June 2007, or until death. We then summed each In our seven-room survey of the school in 2005, teacher's expected cancer rate for the total cohort. magnetic field readings were as high as 177 mG in a. Using the California cancer incidence data, the school classroom adjacent to the electrical service room. A number teacher data,and the GS exposure data,we calculated cancer of outlets had overload readings with the G/S meter. incidence and risks.A replicate data set was sent to Dr.Gary Magnetic fields were not elevated(>3.0 mG)in the interior Marsh and to Mike Cunningham at the University of space of any of the classrooms except in the classroom. Pittsburgh School of Public Health for independent analysis adjacent to the electrical service room, and near classroom using OCMAP software.We calculated cancer risk ratios by electrical appliances such as overhead transparency projec- duration of employment and by cumulative GS unit-years of tors.There was no association between the risk of cancer and exposure.We calculated an attributable risk percent using the 60 Hz magnetic field exposures in this cohort, since the frequencies of total observed and expected cancers, and classroom magnetic field exposures were the same for performed trend tests rBreslow and Day,19871 for cancer risk teachers with and without cancer(results not shown). versus duration of employment and cumulative GS unit- This scbcx5l had very high GS readings and an years of exposure.Poisson P values were calculated using the association between high frequency voltage transient. Stat Trek website (Stat Trek, 2007). We also performed a exposure in the teachers and risk of cancer. The G/S meter linear regression of cancer risk by duration of employment gives readings in the range from 0 to 1,999 GS units.The case in years and by time-weighted exposure in GS unit-years. school had 13 of 51 measured roo3ns with at least one Since neither author had a current institutional affili- electrical outlet measuring "overload" (>2,000 GS units). ation, institutional review board approval was not possible. These readings were high compared to another school near The teachers requested the study, and their participation in Olympia Washington, a Richmond California office build- the Study was both voluntary and complete. All the active ing,and private residences in Northern California(Table 1). teachers at the school signed the Cal OSHA request. The Altogether, 631 rooms were surveyed for this study. Only authors fully explained the nature of the study to study 17(2.69%n)of the 631 rooms had an"overload"(maximum, participants and offered no remuneration to the teachers for ?2,000 GS units) reading. Applying this percentage to the participation in the study. The authors maintained strict 51 rooms surveyed at the case school, we would expect confidentiality of all medical and personal information 1.4 rooms at the school to have overload GS readings provided to us by the teachers, and removed personal (0.0269 x 51 = 1.37).However,thirteen rooms(25%)meas- identifiers from the data set which was analyzed by the ured at the case school had "overload"measurements above University of Pittsburgh. Possession of personal medical the highest value (1,999 GS units) that the G/S meter can TABLE L Graham/Stetzer Meter Readings:Median Values in Schools,Homes and an Office Building Place Homes Office Will OlymplaWASchool LAMS Total No.of rooms surveyed 500 39 41 51 531 Median GS units 159 210 160 750 <2702 Rooms with overload GS 4 0 0 13' 17 units(�2,000) 'Excludes homes as specific room data was not available. "P=3.14 x 10-9. High Frequency Voltage Transients and Cancer 5 TABLE 11. Risk of Cancer byType Among Teachers at La Quinta Middle School Cancer Observed Expected Risk ratio(O/E) Rvaloe All cancers 18 6.51 2.78* 0.000098 Malignant melanoma 4 0.41 9.76* 0.0008 Thyroid cancer 2 0-15 13.3* 0.011 Uterus cancer 2 0.22 9.19* 0.019 Female breast cancer 2 1.5 1.34 0.24 All cancers less melanoma 14 6.10 2.30* 0.0025 'P<0.05. measure.This is a highly statistically significant excess over The teachers' cohort accumulated 1,576 teacher-years expectation(Poisson P=3.14 x 10-9). of risk between September 1988 and June 2007 based on a We noticed AM radio interference in the vicinity of the 12-month academic year.Average age at hire was 36 years.In school.A teacher also reported similar radio interference in his 2007,the average age of the cohort was 47.5 years. classroom and in the field near his ground floor classroom.In When we applied total cancer and specific cancer May 2007,he repotted that I I of 15 outlets in his classroom incidence rates by year, age, sex, race, and adjusted for overloaded the G/S meter.An AM radio tuned off station is a cohort ageing,we found an estimate of 6.5 expected cancers, sensitive detector of dirty power,giving a loud buzzing noise in 0.41 melanomas,0.15 thyroid cancers,0.22 uterine cancers, the presence of dirty power sources even though the AM band is and 1.5 female breast cancers(Table II).For all cancers,the beyond the bandwidth of the G/S meter. risk ratio (Observed/Expected= 18/6.5) was 2.78 (P= 0.000098,Poisson test); for melanoma, (O/E=4/0.41) was Cancer Incidence 9.8 (P=0.0008,Poisson test); for thyroid cancer(O/E 2/ 0.15)was 13.3(P=0.0011,Poisson test);for uterine cancer Three more teachers were diagnosed with cancer in 2005 (O/E=2/0,22),was 9.19(P=0.019,Poisson test). after the first 11 cancer diagnoses were reported,and another Table III shows the cancer risk among the teachers by former teacher(diagnosed out-of-state in 2000)was reported duration of employment.Half the teachers worked at the school by a family member employed in the school system. One for less than 3 years (average 1.52 years). The cancer risk cancer was diagnosed in 2006 and two more in 2007. in increases with duration of employment, as is expected when the years 1988-2005, 137 teachers were employed at the there.is exposure to an occupational carcinogen.The cancer risk school.The 18 cancers in the 16 teachers were: 4 malignant ratio rose from 7.7 for less than 3 years,to 2.9 for 3-14 years,to melanomas,2 female breast cancers,2 cancers of the thyroid, 4.2 for 15+years of employment.There was a positive trend of 2 uterine cancers and one each of Burkitt's lymphoma(a type increasing cancer incidence with increasing duration of of non-Hodgkins lymphoma), polycythemia vera, multiple employment(P=4.6 x 10-ty. A single year of employment myeloma, leiomyosarcoma and cancer of the colon, at this school increases a teacher's risk of cancer by 21%. pancreas, ovary and larynx. Two teachers had two primary Using the June 8,2006 survey data(Table iV),the cancer cancers each: malignant melanoma and multiple myeloma, risk of a teacher having ever worked in a room with at least and colon and pancreatic cancer. Four teachers had died of one outlet with an overload GS reading(>2000 GS units)and cancer through August 2007.There have been no non-cancer employed for 10 years or more, was 7.1 (P=0.00007, deaths to date. Poisson test).In this group,there were six teachers diagnosed TABLE 111E Cancer Risk by Duration of Employment Cancer Cancer Time at school Average time Teachers %of teachers observed expected Rlsk ratio(O/E) Poisson p C3 years 1.52 years 68 49.6 4 2.34 1.72 0-12 3-•14years 7.48years 56 40-9 9 3-14 2.87* 0.0037 15-1-years 16.77 years 12 8.8 5 1.02 4.89* 0.0034 Total 137 100 18 6.51 2.78* 0-000098 Positive trend test(Chi square with one degree of freedom=38.8,P-4.61 x 10 *P<0,05. 6 Milham and Morgan TABLE IV. Cancer in Teachers Who EverTaught in Classrooms With at Least One Overload GS Reading(>2000 GS Units)by Duration of Employment Ever in a room Employed 7 2,000 OS units 10+years Total teachers Canters observed Cancers expected Risk ratio IO/E) Poisson p Yes Yes 10 70 0.988 7.1" 0.00007 Yes No 30 3a 0.939 3.2 0.054 Total 40 10 1.93 5.1 0.00003 No Yes 19 2 1.28 1.6 0.23 No No 78 6 3.25 1.8 0.063 Total 97 8 4.56 1.8' 0.047 Grand total 137 18 6,49 2.8" 0.000098 'One teacher had two primary cancers. "P C 0.05. with a total of seven cancers, and four teachers without a incidence with increasing cumulative GS unit-years of cancer diagnosis, who were employed for 1.0 or more years exposure(P=7.1 x 10-1o). An exposure of 1,000 GS unit- and who ever worked in one of these rooms.Five teachers had years increased a teacher's cancer risk by 13%,Working in a one primary cancer and one teacher had two primary cancers, room with a GS overload (>2,000 GS units) for I year These teachers made up 7.3%of the teachers'population(10/ increased cancer risk by 26% 137)but had 7 cancers or 39%(7/18)of the total cancers.The An attributable risk percentage was calculated: 10 teachers who worked in an overload classroom for (observed cancers-expected cancers)/observed cancers= 10 years or more had 7 cancers when 0.99 would have been (18-6.51)/18=63.8%. expected(P=6.8 x 10--5 Poisson test).The risk ratio for the The fact that these cancer incidence findings were 8 teachers with cancer and 32 teachers without cancer,who generated by a single day of G/S meter readings made on June ever worked in a room with an overload GS reading, 8, 2006 suggests that the readings were fairly constant regardless of the time at the school, was 5.1 (P=0.00003, over time since the school was built in 1990,For example,if Poisson test).The risk ratio for 8 teachers with cancer and 89 the 13 classrooms which overloaded the meter on June 8, teachers without cancer who never worked in a room with an 2006 were not the same since the start of the study and overload G-S reading was 1.8 (P=0.047, Poisson test). constant throughout, the cancer risk of teachers who ever Teachers who never worked in an overload classroom also worked in the overload rooms would have been the same as had a statistically significantly increased risk of cancer. the teachers who never worked in an overload room. A positive dose-response was seen between the risk of Although teachers witb melanoma and cancers of the cancer and the cumulative GS exposure (Table V). Three thyroid, and uterus, had very high, statistically significant categories of cumulative GS unit-years of exposure were risk ratios,there was nothing exceptional about their age at selected: C5,000, 5,000 to 10,000, and more than 10,000 hire, duration of employment, or cumulative GS exposure. cumulative GS unit-years. We found elevated risk ratios of However,thyroid cancer and melanoma had relatively short 2.0,5.0,and 4.2,respectively,all statistically significant,for latency times compared to the average latency time for all each category.There was a positive trend ofincreasing cancer 18 cancers. The average latency time between start of TABLE V. Observed and Expected Cancers by Cumulative GS Exposure(GS Unit-Years) Exposuregroup C5,00003unit-years 5,000 to 10,000 >10,0006Sunit-years Total Average GS unit-years 914 7,007 15,483 Cancers obs_ 9 4 5 18 Cancers exp. 4.507 0.799 1.20 6.49 Risk ratio(0/E) 2,01' 5.00" 4.17" 2.78" Poisson p 0.0229 0.0076 0,0062 0.000098 Positive trend test(Chi square with one degree of freedom=38.0.P._.7.1 x 10 "P r 0.05. High Frequency Voltage Transients and Cancer 7 employment at the school and diagnosis for all cancers was cancer. They made up 7.3%q of the cohort but experienced 9.7 years. The average latency time for thyroid cancer was 39%of all cancers. 3.0 years and for melanoma it was 7.3 years(with three of the The relatively short latency time of melanoma and four cases diagnosed at 2,5,and 5 years). thyroid cancers suggests that these cancers may be more An independent analysis of this data set by the sensitive to the effects of high frequency voltage transients 1Jniversity of Pittsburgh School of Public Health using than the other cancers seen in this population. OCMAP software supported our findings. In occupational cohort studies,it is very unusual to have a number of different cancers with an increased risk. An DISCUSSION exception to this is that cohorts exposed to ionizing radiation show an increased incidence of a number of different cancers. Because of access dental,we have no information about The three cancers in this cohort with significantly elevated the source,or characterization of the high frequency voltage incidence, malignant melanoma, thyroid cancer and uterine transients. We can assume, because the school uses metal cancer,also have significantly elevated incidence in the large conduit to contain the electrical wiring, that any resultant California school employees cohort[Reynolds et al., 19991, radiated electric fields from these high frequency voltage These cancer risk estimates are probably low because 23 transients would radiate mainly from the power cords and of the 137 members of the cohort remain untraced. Since from electrical equipment using the power cords within a exposure was calculated based on 7 days a week for a year, classroom. this will overstate the actual teachers' exposure of 5 days The school's GS readings of high frequency voltage a week for 9 months a year. transients are much higher than in other tested places We could not study field exposures in the classrooms (Table I). Also, teachers in the case school who were since we were denied access to the school.We postulate that employed for over 10 years and who had ever worked in a the dirty power in the classroom wiring exerted its effect by room with an overload GS reading had a much higher rate of capacitive coupling which induced electrical currents in the 166 • Dalablock Name «Irp/A Date +W 2004 11.6 Tenn «7.55.55AM YScak 5 (WIDiv -.. .... ---. .. .. ... ..... .: 6.6 X Scale - 5 mt1D v 9 XAl0% +•looms Ma Mawrrs «250 t5121 �u �n. 9-2mV 1.6 M.rrwe.•106 mV g Cosa Values •31mV (� X1: 17.�ms V X2: 7.8ms dX: 4 ms fl� Yi: 90MV J. . . .. .. . . Y2: 446V ... .. dY: •104MV •13.4 •23 4 .loom 5m/Div -Th-e----wa-v-e-fo--rm...w--a-s-----r-e-c-o- -r d-e--d_bet we-e-n-.2...ERG, RG----p at-c h-e s----p-l--a-c-e--d- ..-.....t_h.e. .a n•-k-l--e--s----o-f------ XXXXXX XXXXXXXXX standing in front of his kitchen sink at his home near Bright Ontario. It shows a distorted 60 cycle sine wave containing high frequencies applied to each foot, allowing high frequency current to freely oscillate up one leg and down the other. XXXXXX has been diagnosed with prostrate cancer since moving to the house in less than a year. He was standing with feet shoulder width apart, wearing shoes, at the time of the readings. The amplitude increased as the feet were placed farther apart. FIGURE 2. 0scilliscope display of 60 Hz current distorted with high frequencies taken between EKG patches applied to the ankles of a man standing with shoes on at a kitchen sink.[Color figure can be viewed in the online issue.which is available atwww.interscience- wiley.com.] 8 Mitham and Morgan teachers' bodies.The energy that is capacitively coupled to ACKNOWLEDGMENTS the teachers' bodies is proportional to the frequency.It is this characteristic that highlights the usefulness of the G/S meter, The authors would like to thank The La Quinta, High frequency dirty power travels along the electrical California middle school teachers,especially Gayle Cohen. distribution system in and between buildings and through the Thanks also to Eric Ossiander, Dr. Raymond Neutra, Dr. ground. Humans and conducting objects in contact with the Gary Marsh and Mike Cunningham and Dr.Louis Slesin.LM ground become part of the circuit. Figure 2 (Navas and thanks Diana Bilovsky for editorial assistance, Stetzer, 2004, reproduced with permission} shows an oscilloscope tracing taken between EKG patches on the REFERENCES ankles of a man wearing shoes,standing at a kitchen sink.The 60 Hz sine wave is distorted by high frequencies, which Armstrong B,Theriault G,Guenel P,Deadman J,Goldberg M,Heroux allows high frequency currents to oscillate up one leg and P.1994-Association between exposure to pulsed electromagnetic fields down the other between the EKG patches. and cancer in electric utility workers in Quebec,Canada,and France. p Am J Epidemiol 1.40(9):805 820. Although not demonstrated in this data set,dirty power levels are usuallyhigher in environments with high levels of Breslow he Day NE- d An Statistical Methods in Cancer Research, g �' Vol.lI—The Design and Analysis of Cohort Studies.IA12C Scientific 60 Hz magnetic fields.Many of the electronic devices which Publication No.82,International Agency for Research on Cancer,Lyon generate magnetic fields also inject dirty power into the France, 198796(equation 3-12), utility wiring.Magnetic fields may,therefore,be a surrogate Graham MH.2005.Circuit for Measurement of Electrical Pollution on for dirty power exposures. In future studies of the EMF- Power Line.United States Patent 6,914,435 82, cancer association, dirty power levels should be studied Havas M, Stetzer D. 2004. Dirty electricity and electrical hyper- along with magnetic fields. sensitivity:Five case studies.World Health Organization Workshop on The question of cancer incidence in students who Electrical Hypersensitivity. 25-26 October,Prague,Czech Republic, q available online at: http://www.stetzerelectric.conVfilters/research/ attended La Quinta Middle School for 3 years has not been havas_stetzer-_wbo(14.pdf. addressed. Kwong SL, Perkins Cl, Morris CR,Cohen R, Allen M, Wright WE- 2001. Cancer in California 1988-1999. Sacramento CA: California CONCLUSION Department of Health Services,Cancer Surveillance Section- Milham S. 1996. increased incidence of cancer in a cohort of office The cancer incidence in the teachers at this school is workers exposed to strong magnetic fields.Am J Ind Med 30(6):702-704. unusually high and is strongly associated with exposure to Perrault M.2004.Specialist Discounts Cancer Cluster at School.The high frequency voltage transients. in the 28 years since Desert Sun(Palm Springs,CA),22 February,Al. electromagnetic fields (EMFs) were first associated with Reynolds P,Elkin EP,Layefsky ME,Lee JM.1999.Cancerin California cancer,a number of exposure metrics have been suggested.if school employees.Am J Ind Med 36:271-278. our findings are substantiated, high frequency voltage tran- Stat Trek http://stat"k-com/tables/Poisson.aspx(accessed August 2007)- sients are a new and important exposure metric and a possible Wertheimer N, Leeper E. 1979. Electrical wiring configurations and universal human carcinogen similar to ionizing radiation. childhood cancer.Am J iipidemic] 109(3):273-284. i a Sr�S�3l, 4Wi,h r T, y pk A .5a i. p i ,r Y a 17t II 9 r 6 ,r a �rxy�a Y wo"', ot SZ 7Trr Ir d Cindy Berardi From: George Melton [grmelton@gmail.com] Sent: Tuesday, November 30, 2010 3:18 PM J it.a To: Cindy Berardi Subject: T-Mobile Cell Tower Dear Cindy, I would like to express my support for the cell tower at the Center for Spiritual Living on Racquet Club. The income from the tower will allow us to catch up on our deferred maintenance and maintain the grounds in a way that will enhance our property and the neighborhood. After surveying the sight and walking the neighborhood, it is my opinion that the tower impacts a relatively few number of homes. I hope we can count on your support. George Melton 226 N. Burton Way Palm Springs, CA 92262 �G�i�T i U'✓�.w` �Te��'`� lZl I + 10 Cindy Berardi From: Syd Smith [sydsmithl@gmail.com] Sent: Tuesday, November 30, 2010 4:06 PM To: Cindy Berardi Subject: cell tower. )ear Cindy, I would like to express my support for the cell tower at the Center for Spiritual Living on Racquet Club. The income from the tower will allow us to catch up on our deferred maintenance and maintain the grounds in a way that will enhance our property and the neighborhood. lfter surveying the sight and walking the neighborhood, it is my opinion that the tower impacts a relatively few number of homes. I hope we ;an count on your support. Syd Smith 26 N.Burton Way 'alm Springs, CA 92262 i1)ni11nin DATE: November 30, 2010 TO: Members of the Palm Springs City Council Palm Springs City Hall 3200 E Tahquitz Canyon Way Palm Springs, CA 92264 cityclerkApalmspri ncs-.4.gov Fax (760) 323-8207 FROM: Deen Warren, 970 N. Cerritos Dr. Palm Springs,CA 92262 SUBJECT: T-MOBILE INSTALLATION AT CENTER FOR SPIRIUTAL LIVING PALM SPRINGS I would like to voice my support for the T-Mobile cell tower Variance to be installed on the property of the Center for Spiritual Living Palm Springs at 2100 E. Racquet Club Road, Palm Springs, CA for the following reasons: Project Description: T-Mobile requests a Conditional Use Permit(CUP)and Variance to install a 47 1/2 foot wireless facility inside a sculptural monopole on the property located at 2100 East Racquet Club Road.The Zoning Code allows a thirty-nine(39')foot antenna structure on the Center for Spiritual Living property without a height Variance. Thus the height variance to 471/2 feet is necessary to provide adequate wireless coverage to the Palm Springs residential neighborhoods. The revenue generated from the rental of the area on the property to T- Mobil will allow the Center to do needed repair and maintenance on the property. 1. Property maintenance and upgrade leads to the increase value of the property and the property of the surrounding community/residences. 2. The tower will provide for additional access for the surrounding community to technological communications that currently exist and future communication devices enhancing service to individual residents of the community. 3. Better telecommunication services provide community residents with quicker access to emergency services. 4. The unobtrusive architectural design of the tower will provide an additional interesting design element to the community. 5. The Center, in cooperation with T-Mobile has followed within the laws of the City Ordinances, respective commissions and has made available pertinent information to those in the community who desired to learn about the structure. ........... .... X�' �. �.. The Center for Spiritual Living, Palm Springs. : T-Mobile West Corporation ,a We, the undersigned, request that the City of Palm Springs review and approve the . installation of anew T-Mobile wireless facility at the Center for Spiritual Living, Palm Springs, located at 21oo E. Racquet Club Road. We support the proposed 'T,-Moblle_pl=oject as it is Currently designed and sited. We further believe that the proposed T-Mobile wireless facility will provide needed voice and data services, including enhanced 3G, internet and high-speed data, and enhanced 911 services, to the surrounding community and Palm Springs residents. As residents of the City of Palm Springs,we, the unde lgned, support TRMobile's efforts to design and construct a City-wide wireless network whit will service and benefit aflxesiden-ts, of the City of Palm Springs. . N Address 3 l l St : w 5 6 14�1 � 2- -?.r 74' 10 12 13 14 fI t 1C rdF1 ; I �,, h d!' /f �T J,� f`fF `'^ �B [ d 16 Li 17 fit}r ems- ,�a-� ��.. �*"°«»3 "�'�.s�P.. ,. ..�•. ��w c �..2..J f 1s 1� a (�`Jf.�rLC4eSlr ` t � C? 6 �, ' ^ • rh� (1ti`sy�v�ctl 20 ® ' The Center for Spiritual Living, Palm Springs T-Mobile West Corporation We, the undersigned, request that the City of Pahn Springs review and approve the installation of a new'T'-Mobile wireless facility at the Center for Spiritual Living, Palm Springs, located at 21oo E. Racquet Club Road. We support the proposed T-Mobile project as it is currently designed and sited.We further believe that the proposed T-Mobile wireless facility will provide needed voice and data services, including Enhanced A internet and high-speed data, and enhanced gtl services,to the surrounding community and Palm Springs residents. As residents of the City of Palm Springs, we, the undersigned, support T-Mobile's efforts to design and construct ai City-wide wireless network which will service and benefit at rtAder_rts of the City of Palm Springs. acre Address 5 1 ` " call F Y. .. "y l ate" ( � ad cc. 3 : n p 17 . 0 g,,a af �-.�_ iw,1, bri. '¢,¢ ,;..F 4 a iN•tT �a.,r.C.. 10 14 -7 .,, 15 71�7 PS') c:12 ,;�V 16 17 19 40 The Center for,Spiritual Living, Palm Springs T-Mobile West Corporation We, the undersigned, request that the City of Palm Springs review and approve the installation of a new T-Mobile wireless facility at the Center for Spiritual Living, Palm Springs, located at 21oo E. Racquet Club Road. We support th proposed T-Mobile project as it is currently,designed and sited. We further believe that the proposed T-Mobile wireless facility will provide needed voice and data services,including e 1hanced 3C;internet and high-speed data, and enhanced 911 services,to the surrounding community and Palm Springs residents. As residents of the City of Palm Springs,we, the undersigned, support T-Mobile's efforts to design and construct a City-wide wireless network which will service and benefit all residents of the City of Palm Springs. Name Address 1 Y ! ! 2 � '' .. 2_1 z cr f " P 9 ' :. ram, s 10 :s'1 dr �'.AI V�d`)�{ .: �d'"'""/jJ,;t�['P , Web'.��,� Q+'C,r° °.-, � 1.:'� ��., 9 ^" Y:JG:.G"? �• 12 Y2 +�,�• . � 1,36 � 1 �...._.-Alm✓t �� -%��',9�_� �...., 44 ✓ 1 �F " •may,..,. '1 QY+. s"7 ti,?4/ �/� lr)A'�,y.��/ ✓�-��-Y. �� 7/t J 4,+ '?2; t6 r' "d 17 "� f E w. 207 c �1w 19 .• - 20 3 v � a __... _.. The Center for Spiritual Livi , Palm Springs T-Mobile West Corp ration We, the undersigned, request that the City of PaIrn Springs review and approve the installation of a new T-Mobile wireless facility at the Center ter for Spiritual Living, Palm Springs, located at 21oo E. Racquet Club Road. We support the proposed T-Mobile project as it is currently designed and sited.We further believe that the proposed T-Mobile wireless facility. will provide needed voice and data services, including nhanced 3G, internet and high-speed data, and enhanced 911 services,to the surrounding cc mmunity and Palm Springs residents. As residents of the City of Palm Springs, we, the unde signed, support T-Mobile's efforts to design and construct a City-wide wireless network whi(h will service and benefit all.re�idet� of the City of Palm Springs. Nome Oz. M Address x ?c _ � LCAI /'FLA) 11 3 9'. z2 10 r 12 14 15 16 17 18 19 20 .................................................... ....................... __ . ....... The Center for Spiritual Livin , Palm Springs T-Mobile West Corp ration We, the undersigned, request that the City of Palm Springs review and approve the installation of a new T-Mobile wireless facility at the Ce ter for Spiritual riving, Palm Springs, located at 21oo E. Racquet Club Road. We support the proposed T-Mobile project as it is currently designed and sited.We further believe that the proposed T-Mobile wireless facility will provide needed voice and data services, including enhanced 3G, internet and high-speed data, and enhanced 911 services, to the surrounding community and Palm Springs residents. As residents of the City of Palm Springs, we, the undersigned, support T-Mobile's efforts to design and construct a city-wide wireless network which will service and benefit.Wt eSL of the City of Palen Springs; Name Address 5 2 4, q 4 JA17 Alzv X, 14-7,14wf-k- Z'md �'!gx &AWS �2 1t � 4 _. 9 10 11 12 I 13 14 16 17 1� 19 20 December 1, 2010 James Thompson, City Clerk On behalf of Palm Springs City Council 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Appeal of case No. 5-1246 Conditional Use Permit & 6.523 Variance Dear Mr. Thompson: I live across the street from the church requesting to build a cell phone tower in its parking lot. My address is 2245 E Racquet Club. I want to express my opposition to this request. This is first and foremost a residential neighborhood. This church had to apply for a zone variance in order to even build here. It is not an appropriate place for the intrusion of a cell phone tower. When a homeowner buys a house, the zoning in effect is the city's guarantee that their investment in the neighborhood is protected. An unsightly cell tower would significantly degrade the area's property values. If the members of this congregation feel that a residential neighborhood is an appropriate location, they might like to volunteer to have the tower in their residential neighborhood. I strongly urge the City Council to affirm the Planning Commission's denial of this conditional use permit and variance and preserve our neighborhood. Very truly yours, Jackie Morgan jmorgan@dc.rr.com Kathie Hart From: David Newell Sent: November 29, 2010 12:55 PM To: Kathie Hart Cc: Jay Thompson; Craig Ewing Subject: FW: IE24205E Center of Spiritual Living (Case#5.1246CUP &6,523 VAR) - FAA Determination Attachments: IE24205E CSL- FAA Determination of No Hazard 11.16.10.pdf Kathie, City Council 12/1, Item 1.A--Additional information is provided by the applicant below and in the attachment. David A. Newell Associate 131atataer City- of 11"Arn Springs :3200 E.'l aliquit:z Canyor,W11tY P.0..I3OX 27"43 Pala) Springs,C.A 92263...27,43 Officc: 1,760.1 .323...8243 (r()(.}) _3:22...8360 From: Jim Rogers [mailto:jim.rogers@jamesrogersconsulting.com] Sent: Monday, November 29, 2010 12:16 PM To: David Newell Cc: Paul, Linda (Ontario CA); George Cardenas; Richard Laird Subject: IE24205E Center of Spiritual Living (Case # 5.1246CUP &6.523 VAR) - FAA Determination Hi David, I just received the attached FAA Determination of No Hazard for the proposed T-Mobile facility at 2100 E. Racquet Club Road, the Center for Spiritual Living. As stated in the determination, the proposed facility will not pose a hazard to aviation safety, and therefore, lighting is not required. Since aviation safety& lighting are a stated concern to the neighbors, could you see that this information is added to the staff report to the City Council prior to the hearing on Wednesday. Thank you. Jim Rogers JAMES ROGERS CONSULTING 31097 Via Sonora San Juan Capistrano, CA 92675 Office : 949,388.3973 Mobile : 949.295.9031 Fax : 949.388.3973 E-mail : Jim_._Rogers@jamesro9ersgonsuIting corn www.jamesrogerscansulting.com Federal Aviation Administration Aeronautical Study No. Air Traffic Airspace Branch, ASW-520 2010-AWP-6951-OE 2601 Meacham Blvd. Fort Worth, TX 76137-0520 Issued Date: 11/16/2010 Valerie Poole T-Mobile 3257 E. Guasti Road Ste. 200 Ontario, CA 91761 ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION ** The Federal Aviation Administration has conducted an aeronautical study under the provisions of 49 U.S.C., Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning: Structure: Antenna Tower IE24205E SPIRITURAL LIVING Location: Palm Springs, CA Latitude: 33-51-09.02N NAD 83 Longitude: 116-31-22.96W Heights: 48 feet above ground level(AGL) 565 feet above mean sea level(AMSL) This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a hazard to air navigation provided the following condition(s), if any, is(are) met: It is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be completed and returned to this office any time the project is abandoned or: At least 10 days prior to start of construction(7460-2, Part I) X Within 5 days after the construction reaches its greatest height(7460-2, Part II) See attachment for additional condition(s) or information. To coordinate frequency activation and verify that no interference is caused to FAA facilities, prior to beginning any transmission from the site you must contact SEE ADDITIONAL INFORMATION PAGE. Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 05/16/201.2 unless: (a) extended, revised or terminated by the issuing office. (b) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion of construction, or the date the FCC denies the application. Page I of 6 NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE STRUCTURE TO DETERMINE THAT NO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE ELIGIBLE FOR ONE. EXTENSION OF THE EFFECTIVE PERIOD. This determination is based, in part, on the foregoing description which includes specific coordinates , heights, frequency(ies) and power. Any changes in coordinates , heights, and frequencies or use of greater power will void this determination. Any future construction or alteration, including increase to heights, power, or the addition of other transmitters, requires separate notice to the FAA. This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction of the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the FAA. This determination concerns the effect of this structure on the safe and efficient use of navigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body. A copy of this detennination will be forwarded to the Federal Communications Commission (FCC) because the structure is subject to their licensing authority. If we can be of further assistance, please contact our office at(310) 725-6557. On any future correspondence concerning this matter, please refer to Aeronautical Study Number 2010-AWP-6951-OE. Signature Control No: 132600187-133219355 ( DNE ) Karen McDonald Specialist Attachment(s) Additional Information Case Description Frequency Data Map(s) cc: FCC Page 2 of 6 Additional information for ASN 2010-AWP-6951-OE The proposed transmitter must provide at least 89 dB of spurious emissions attenuation (9 dB greater than the FCC required 80 dB) in the 108-137, 225-400 MHz frequency bands. Page 3 of 6 Case Description for ASN 2010-AWP-6951-OE T-Mobile to construct antenna tower unipole/micropole Page 4 of 6 Frequency Data for ASN 2010-AWP-6951-OE LOW HIGH FREQUENCY ERP FREQUENCY FREQUENCY UNIT ERP UNIT 698 806 MHz 1000 W 806 824 MHz 500 W 824 849 MHz 500 W 851 866 MHz 500 W 969 894 MHz 500 W 896 901 MHz 500 W 901 902 MHz 7 W 930 931 MHz 3500 W 931 932 MHz 3500 W 932 932.5 MHz 17 dBW 935 940 MHz 1000 W 940 941 MHz 3500 W 1850 1910 MHz 1640 W 1930 1990 MHz 1640 W 2305 2310 MHz 2000 W 2345 2360 MHz 2000 W Page 5 of 6 x� § i i • >♦ • fit AN 80 w - # ♦ ! -- £_ 3 y or• O - rn `- w o. IF cu • t IF LA K- 9y„ DATE: November 23, 2010 TO: Members of the Palm Springs City Council Palm Springs City Hall 3200 E Tahquitz Canyon Way Palm Springs, CA 92264 cit clerk alms rin s-ca. ov Fax (760) 323-8207 FROM: Kelly Laurich PO Box 1172 Palm Springs, CA 92263-1172 SUBJECT: T-MOBILE INSTALLATION AT CENTER FOR SPIRIUTAL LIVING PALM SPRINGS 1 would like to voice m su ort for the T-Mobile cell tower Variance to be installed on the roe Center for S iritual Living Palm Springs at 2100 E. Racquet Club Ro2�d, Palm Springs, CA for the following reasons: Project Description: T-Mobile requests a Conditional Use Permit(CUP)and Variance to install a 471/2 foot wireless facility inside a sculptural monopole on the property located at 2100 East Racquet Club Road.The Zoning Code allows a thirty-nine(39')foot antenna structure on the Center for Spiritual Living property without a height Variance. Thus the height variance to 47112 feet is necessary to provide adequate wireless coverage to the Palm Springs residential neighborhoods. The revenue generated from the rental of the area on the property to T- Mobil will allow the Center to do needed repair and maintenance on the property. 1. Property maintenance and upgrade leads to the increase value of the property and the property of the surrounding community/residences. 2. The tower will provide for additional access for the surrounding community to technological communications that currently exist and future communication devices enhancing service to individual residents of the community. 3. Better telecommunication services provide community residents with quicker access to emergency services. 4. The unobtrusive architectural design of the tower will provide an additional interesting design element to the community. S. The Center, in cooperation with T-Mobile has followed within the laws of the City Ordinances, respective commissions and has made available pertinent information to those in the community who desired to learn about the structure. Cindy Berardi From: Doctor Tigger[revtigger@centerforspirituallivingpalmsprings.org] Sent: Saturday, November 27, 2010 4:37 PM To: CityClerk Subject: T-Mobile Installation ]ATE: November 27, 2010 r0: Members of the Palm Springs City Council Palm Springs City Hall 3200 E Tahquitz Canyon Way Palm Springs, CA 92264 cityclerk(.palmsprings-ca.gov Fax (760) 323-8207 =ROM: Rev., Dr. Michael J. Kearney SUBJECT: T-MOBILE INSTALLATION AT CENTER FOR SPIRIUTAL LIVING PALM SPRINGS would like to voice my support for the T-Mobile cell tower Variance to be installed on the property of the enter for Spiritual Living Palm Springs at 2100 E. Racquet Club Road, Palm Springs, CA for the following 'easons: )roject Description: --Mobile requests a Conditional Use Permit(CUP) and Variance to install a 47 1/2 foot wireless facility inside a sculptural nonopole on the property located at 2100 East Racquet Club Road.The Zoning Code allows a thirty-nine(399 foot antenna structure on the Center for Spiritual Living property without a height Variance. Thus the height variance to 471/2 feet is iecessary to provide adequate wireless coverage to the Palm Springs residential neighborhoods. understand that T-Mobile and the Center have meet all the City Ordinances and regulations. I understand the denial it the Planning Commission was based on neighbors concerns, not any legal issues. In fact several members of the :ommission noted their approval of the design. I understand that several neighbors have been forced to move or lave lost their home due to economic conditions. The Center is also feeling the economic pressure and is seeking to 'ind resources to sustain our programs. believe we are an asset to the community and have been for over 55 years, with 25 years in this location. We offer )ur space for the County of Riverside Polling for at least two districts. We donate to other social services in the :oachella Valley, as a tithing community. Our spiritual home provides a welcoming and healing service to all who inter our sanctuary, without judgment. We have provided outreach services, spiritual counseling and educational activities for all ages to hundreds of individuals. With the additional resources provided by this lease agreement with --Mobile we will be better able to continue these services and offer additional programs. In addition we will be better able to maintain our property and the aesthetics of the neighborhood. --Mobile has addressed all of the concerns brought forth by the neighbors, not all are in opposition. We have )rovided two opportunities for dialogue with the neighbors. We are now left with a simple difference of opinion. I rust the City Council will consider ordinances established, the laws which regulate property rights and determine that hese have been adequately meet by T-Mobile in their request for approval of the requested variance. sincerely, )r. Michael J Kearney AL Dr Michael Kearney Dr. Michael Kearney C:ormrnunity Spiritual Leader err 21_00_E_._R,acq uet_CIu_b_Rgad Palm 5L>_ring1 CA 92262- 2625 tel: (760) 323-5447 fax: (760) 323-3363 revtlggeri centerforsr.)iritCialliuingr)alrristarinus.card mobile: 7( 6i0) 285=528,1 Please consider the environment before you print this email. Cindy Berardi From: Kelley Hazen [kelhazen@live.com] Sent: Thursday, November 25, 2010 11:15 AM To: CityClerk Subject: T-Mobile Installation at Center for Spiritual Lving Palm Springs DATE: November 23, 2010 TO: Members of the Palm Springs City Council Palm Springs City Hall 3200 E Tahquitz Canyon Way Palm Springs, CA 92264 city_cl_erk@palmsprings-ca.Rov - Fax(760) 323-8207 FROM: Kelley and Charles Hazen (kelhazen@dc.rr.com) SUBJECT: T-MOBILE INSTALLATION AT CENTER FOR SPIRITUAL LIVING PALM SPRINGS I would like to voice my support for the T-Mobile cell tower Variance to be installed on the property of the Center for Spiritual Living Palm Springs at 2100 E. Racquet Club Road, Palm Springs, CA for the following reasons: Project Description: T-Mobile requests a Conditional Use Permit (CUP) and Variance to install a 47 1/2 foot wireless facility inside a sculptural monopole on the property located at 2100 East Racquet Club Road. The Zoning Code allows a thirty- nine (399 foot antenna structure on the Center for Spiritual Living property without a height Variance.Thus the height variance to 471/2 feet is necessary to provide adequate wireless coverage to the Palm Springs residential neighborhoods. The revenue generated from the rental of the area on the property to T- Mobil will allow the Center to do needed repair and maintenance on the property. Property maintenance and upgrade leads to the increase value of the property and the property of the surrounding community/residences. The tower will provide for additional access for the surrounding community to technological communications that currently exist and future communication devices enhancing service to individual residents of the community. u Better telecommunication services provide community residents with quicker access to emergency services. The unobtrusive architectural design of the tower will provide an additional interesting design element to the community. The Center, in cooperation with T-Mobile has followed within the laws of the City Ordinances, respective commissions and has made available pertinent information to those in the community who desired to learn about the structure. ii omin Cindy Berardi From: Steffani Smith [whisperingpines.design@gmail.com] Sent: Thursday, November 25, 2010 11:12 AM To: CityClerk Subject: T-Mobile Installation at Center for Spiritual Living Palm Springs DATE: November 23, 2010 TO: Members of the Palm Springs City Council Palm Springs City Hall 3200 E Tahquitz Canyon Way Palm Springs, CA 92264 dty_clerkftalmsprings-ca.eov Fax (760) 323-8207 FROM: Steffan Anderson- Smith(whispel7ngpiies. esign.�u).gmail.com) SUBJECT: T-MOBILE INSTALLATION AT CENTER, FOR SPIR.I.UTA.I.,.LINING PALM SPRINGS [would like to voice my support for the T-Mobile cell tower Variance to be installed on the property of the Center for Spiritual Living Palm Springs at 2100 E. Racquet Club Road, Palm Springs, CA for the following reasons: 7roject Description: T-Mobile requests a Conditional Use Permit (CUP) and Variance to install a 47 1/2 foot wireless facility inside a sculptural monopole on the property located at 2100 .East Racquet Club Road. fhe Zoning Code allows a thirty-nine (399 foot antenna structure on the Center for Spiritual Living property Nithout a height Variance. Thus the height variance to 471/2 feet is necessary to provide adequate wireless :overage to the Palm Springs residential neighborhoods. the revenue generated from the rental of the area on the property to T- Mobil will allow the Center to do ieeded repair and maintenance on the property. Property maintenance and upgrade leads to the increase value of the property and the property of the surrounding community/residences. The tower will provide for additional access for the surrounding community to technological communications that currently exist and future communication devices enhancing service to individual residents of the community. Better telecommunication services provide community residents with quicker access to emergency services. The unobtrusive architectural design of the tower will provide an additional interesting design element to the community. The Center, in cooperation with T-Mobile has followed within the laws of the City Ordinances, respective commissions and has made available pertinent information to those in the community who desired to learn about the structure. hank you, sincerely, ;teffam Anderson-Smith ✓lember .enter for Spiritual Living Palm Springs vhisperingpines.design@gmail.com Ali You Need is Love UI You Need is Lave klI You Need is Love .,ove is All You Need Cindy Berardi From: rickynoll@roadrunner.com Sent: Thursday, November 25, 2010 9:42 AM To: CityClerk Subject: T-MOBILE INSTALLATION AT CENTER FOR SPIRIUTAL LIVING PALM SPRINGS DATE: November 23, 2010 TO: Members of the Palm Springs City Council Palm Springs City Hall 3200 E Tahquitz Canyon Way Palm Springs, CA 92264 cityclerk@palmsprings-ca.gov " FROM: Richard H. Noll rickynoll@roadrunner.com SUBJECT: T-MOBILE INSTALLATION AT CENTER FOR SPIRIUTAL LIVING PALM SPRINGS would like to voice my support for the T-Mobile cell tower Variance to be installed on the property of the Center for Spiritual Living Palm Springs at 2100 E. Racquet Club Road, Palm Springs, CA for the following reasons: Project Description: T-Mobile requests a Conditional Use Permit (CUP)and Variance to install a 47 1/2 foot wireless facility inside a sculptural monopole on the property located at 2100 East Racquet Club Road. The Zoning Code allows a thirty - nine (39')foot antenna structure on the Center for Spiritual Living property without a height Variance. Thus the height variance to 471/2 feet is necessary to provide adequate wireless coverage to the Palm Springs residential neighborhoods. The revenue generated from the rental of the area on the property to T- Mobile will allow the Center to do needed repair and maintenance on the property. 1. Property maintenance and upgrade leads to the increase value of the property and the property of the surrounding community/residences. 2. The tower will provide for additional access for the surrounding community to technological communications that currently exist and future communication devices enhancing service to individual residents of the community. 3. Better telecommunication services provide community residents with quicker access to emergency services. 4. The unobtrusive architectural design of the tower will provide an additional interesting design element to the community. 5. The Center, in cooperation with T-Mobile has followed within the laws of the City Ordinances, respective commissions and has made available pertinent information to those in the community who desired to learn about the structure. i Cindy Berardi From: Paul Hietter [paul@loveatfirstbite.com] Sent: Thursday, November 25, 2010 6:54 AM To: CityClerk Cc: Deen Warren; Doctor Tigger; George Melton; Kelly Laurich; Paul Hietter; Robert Wilson Subject: T-Mobile Variance Support for Center for Spiritual Living Palm Springs Site Attachments: letter T Mobile Paul Hietter Support.docx )ATE: November 23, 2010 FO: Members of the Palm Springs City Council Palm Springs City Hall ' 3200 E Tahquitz Canyon Way Palm Springs, CA 92264 citycle_rk.at7 pa l msp r..n.gs-ca.gov Fax (760) 323-8207 -ROM: Paul Hietter, 498 Paseo Soleado, Palm Springs, CA 92264 SUBJECT: T-MOBILE INSTALLATION AT CENTER FOR SPIRITUAL LIVING PALM SPRINGS would like to voice my support for the T-Mobile cell tower Variance to be installed on the property of the enter for Spiritual Living Palm Springs at 2100 E. Racquet Club Road, Palm Springs, CA for the following •easons: )roject Description: "-Mobile requests a Conditional Use Permit(CUP) and Variance to install a 47 112 foot wireless facility inside a sculptural nonopole on the property located at 2100 East Racquet Club Road.The Zoning Code allows a thirty-nine (39')foot antenna structure on the Center for Spiritual Living property without a height Variance. Thus the height variance to 47112 feet is iecessary to provide adequate wireless coverage to the Palm Springs residential neighborhoods. the revenue generated from the rental of the area on the property to T- Mobil will allow the Center to Jo needed repair and maintenance on the property. 1. Property maintenance and upgrade leads to the increase value of the property and the property of the surrounding community/residences. 2. The tower will provide for additional access for the surrounding community to technological communications that currently exist and future communication devices enhancing service to individual residents of the community. 3. Better telecommunication services provide community residents with quicker access to emergency services. 4. The unobtrusive architectural design of the tower will provide an additional interesting design element to the community. 5. The Center, in cooperation with T-Mobile has followed within the laws of the City Ordinances, respective commissions and has made available pertinent information to those in the community who desired to learn about the structure. sincerely, >aul Hietter 760)406-5655 Fax 760) 567-5820 Cell APlease consider the environment before you print this email. Cindy Berardi From: roblwilson@aol.com Sent: Wednesday, November 24, 2010 7:35 PM To: CityClerk Subject: T-Mobil proposal Dec 1 city council meeting )ATE: November 23, 2010 "O: Members of the Palm Springs City Council Palm Springs City Hall 3200 E Tahquitz Canyon Way Palm Springs, CA 92264 'ROM: Robert Wilson 216 Stone Terrace Palm Springs, CS 92264 >UBJECT: T-MOBILE INSTALLATION AT CENTER FOR SPIRITUAL LIVING PALM SPRINGS would like to voice my support for the T-Mobile cell tower Variance to be installed on the property of the ;enter for Spiritual Living Palm Springs at 2100 E. Racquet Club Road, Palm Springs, CA for the following easons: 'roject Description: Mobile requests a Conditional Use Permit (CUP) and Variance to install a 47 1/2 foot wireless facility inside a culptural monopole on the property located at 2100 East Racquet Club Road. The Zoning Code allows a thirty-nine 391 foot antenna structure on the Center for Spiritual Living property without a height Variance. Thus the height ariance to 471/2 feet is necessary to provide adequate wireless coverage to the Palm Springs residential ieighborhoods. 'he revenue generated from the rental of the area on the property to T- Mobil will allow the Center to to needed repair and maintenance on the property. 1. Property maintenance and upgrade leads to the increase value of the property and the property of the surrounding community/residences. 2. The tower will provide for additional access for the surrounding community to technological communications that currently exist and future communication devices enhancing service to individual residents of the community. 3. Better telecommunication services provide community residents with quicker access to emergency services. 4. The unobtrusive architectural design of the tower will provide an additional interesting design element to the community. 5. The Center, in cooperation with T-Mobile has followed within the laws of the City Ordinances, respective commissions and has made available pertinent information to those in the community who desired to learn about the structure. i i�oi�n7 n NA.NCY CAW 27700 i andaLl Blvd, 4197 .' Cafliesdral City,Ca 92234 . I'hone(760)327-1329 neaswn(rr)cle,rr.coln Novelnbor 27,7010 Palm Springs City Council Palm Springs City Hall 3200 E Tahquitz Carryon Way Palm Springs, CA 92264 SUBJECT 'l'-MOBILE iNS•1'ALLATION AT CENTER ER I OR SPIRIU'['AI_, LIVING PALM SPRINC;S i would like to voice lily support for the T-Mobile cell tower Variance:to be installed.oil the property oi'the Center for Spiritual Living Pa11.n Springs at.2100 E. Racquet Club Road, Palen Springs, CA for the foltowing reasons: Protect.Description: T-Mobile requests a. Conditional Use Permit (CUP) and Variance to install a 47 1/2 f of wireless facility inside a sculptural monopole on the property located at 2100 Fast Racquet Club .12.omi. The Zoning Code allows a.thirly'1 Inine. (39 ) lbol ail tell nza structure: can the Center :for Spiritual Living property without a height Variance. Thus the height variance to 471/2 feet is necessary to provide: adequate wireless coverage to time Palm Springs residential neighbothoods. The revenue generated from the rental of the area,on the property to T•- Mobil will allow the Center to do needed repair and maintenance on the property. 1. Property maintenance and upgrade leads to the.. increase valve of the property amid the property of the surrounding community/residences. 2. The tower will provide for additional access for the surrounding community to technological cdnimnunications that currently exist and future communication devices enhancing service to individual residents of the community. 3. Better telecommunication services provide commamrnunity residents with quicker access to emergency services. 4. The unobtrusive architectural design of the tower will provide an additional interesting design element to the community. 5.The Center, in cooperation with T-Mobile has followed within the laws Of the City Ordinances, respective commissions and has made available pertinent information to those in time community who desired to learn about the structure. Sincerely, 0 . P= F F November 18,2010 ■■w ow wr ■ r Honorable Mayor Steve Pougnet City Council Members City of Palm Springs 32oo E.Tahquitz Canyon Way IPalm Springs,CA 92262 RE: Proposed T-Mobile Commercial Communication Antenna �C Structure,21oo E.Racquet Club Road, Center for Spiritual Living ARCHI'1'EMENG0111111M P.C. (Case No.5.1246 CUP and 6.523 VAR) Seattle Office Dear Mr.Mayor and Members of the City Council: 4720 200 St.SW, Suite 200 bil M Toration C W bil M T- oe West or oe as requested the City Lynnwood,WA p ( - )h q y 98036 Council of the City of Palm Springs to review and reverse the 425-670-8651 Planning Commission denial of Case No. 5.1246 CUP and 6.523 VAR Fax 425-712-0846 on September 8,2010. Denver At the public hearing several Planning Commission members Corporate/Main commented positively on the design of the proposed antenna Office structure,but raised questions regarding its location within a 7442 S.Tucson Way, primarily residential area.Additionally,there seemed to be some Suite 180, Englewood,Colorado concern about the height of the proposed wireless structure. 80112 303-750-6999 In response to these two issues,T-Mobile would like to clarify the Fax 303-750-0236 process utilized in selecting the location for the proposed wireless Corona Officefacility and determining the appropriate structure height. 411 Jenks Circle Suite 101 Proposed-Location Corona,CA 92880 951-273-9237 The development of T-Mobile's wireless network is driven by Fax 951-273-1816 customer demands for more and better services,including the use Santa Rosa Office of their cell phones for voice,texting,video,internet and more.This 1220 N Dutton Ave customer demand creates the need for increased coverage..and Suite 107 capacity.To address this demand,radio engineers analyze the Santa Rosa,CA 95401 existing network and individual cell sites for wireless traffic, 707-541-2344 dropped and blocked calls,and customer feedback,and forecast Fax 707-541-2301 areas of future need.As customers increasingly use their wireless phones at home,often in place of their old landline phones,it KDC Asia Ltd becomes necessary to locate wireless facilities near or in residential 472 Expand Building Level 5 neighborhoods. Rajohadapisek Road,Samsen Noak, Huaykwang, As shown on the attached Exhibit A—Predicto,Cpverage without Bangkok 10320 the Proposed.Site..(IE24z—o5Q,a large portion of the northern +66(0)2938 9083 residential neighborhoods of Palm Springs currently have only Fax+66(0)20190ST 1� Page 1 of 3 Letter to Palm Springs City Council 5.1246 CUP and 6.523 VAR Page z of 3 outdoor or in-vehicle cell phone coverage(yellow)but not indoor(green)services.Having indoor services is becoming increasingly important as more and more people rely on their wireless phone for voice,data,internet and video services,particularly in home-based businesses.Additionally, always being able to contact all family members,including teen and pre-teen members,is becoming increasingly a necessity to customers. Once the Palm Springs area in need of improved T-Mobile services and requiring a new wireless facility was determined,potential sites were identified and evaluated for feasibility.As described in the previously submitted Project Information and Justification(part of the CUP and Variance application),alternate Commercial and Professional zoned properties were examined. These alternate locations would require antenna structures considerably higher than the proposed site in order to broadcast the radio signal from outside to inside the customer neighborhoods.The property owner(County of Riverside)of one alternate site was not interested in leasing ground space for an antenna structure.The other potential sites could not provide adequate coverage of the needed neighborhood,even with the taller antenna structures,and were not selected. In driving the residential areas most in need of improved coverage,three(3)non-residential IL en rties were identified near the desired location for a future T-Mobile cell site. The largest and most appropriate of these non-residential properties is the Center for Spiritual Living,a church property located on a major thoroughfare(Racquet Club Road). In further review of the Palm Springs Zoning Code,it was noted that the Zoning Code allows Residential Zones,pursuant to Section 93.08.03.A(B).2.c(Height and Placement Limitations),if the antennas are screened from view.Thus,it was determined that a fully camouflaged structure,such as the proposed Ericsson Capsule/Sculpture would be appropriate to the site location. Exhibit B-Predicted h the Proposed Site OE24205g)demonstrates how T-Mobile wireless services will be improved to indoor(green)levels in the surrounding neighborhoods with the proposed Center for Spiritual Living location. No other alternative location identified to-date is predicted to cover the surrounding neighborhoods as well as the proposed location. Structure Heigh The proposed T-Mobile antenna structure(Ericsson Capsule and sculpture)is at the lowest height which is technically necessary to cover most of the radio service gap identified by T-Mobile's radio engineers.The Zoning Code allows a thirty-nine(390 foot antenna structure on the Center for Spiritual Living property without a height Variance. Exhibit C-Predicted Coverage with the Proposed Site Q 39 feet Height indicates the indoor service area(green)covered by an allowed 39 feet antenna structure height at the proposed Center for Spiritual Living location.The"hatched"area shows how much of the desired coverage area is left uncovered/unserviced.The proposed antenna structure at 39 feet covers 67 percent of the targeted coverage area. The coverage provided by the proposed antenna structure at 471/2 feet is shown by Exhibit D-Predicted Coverage with the Proposed Site 47 feet_11eig6t.At the requested height,the proposed antenna structure covers approximately 87 percent of the targeted coverage area.As shown on Table i,Coverage Improvement Comparison, the reduction in height by eight(8)feet reduces the coverage by over twenty(20%)percent. Page 2 of 3 Letter to Palm Springs City Council 5.1246 CUP and 6.523 VAR Page 3 of 3 Thus,the height variance to 4734 feet is necessary to provide adequate wireless coverage to the northern Palm Springs residential neighborhoods. Mr.Mayor and Members of the City Council,we strongly believe that the proposed antenna structure location at the Center for Spiritual Living and the proposed structure height are necessary to provide the best modem wireless services to T Mobile's Palm Springs customers,and it is in the best interest of the City of Palm Springs to approve this project Respectfully, VW n behalf of KDC Archite ngineers,PC Authorized Agent for T Mobile Pate 3 of 3 b � i � . .fit 5�.,•,�. ` gggJ Ago Ar ;- �...:-fir: r==��l� =t ��r�;r MANIA ,�. OFF mAn I ( -_h _ E ]� Film l` rim r J "_ `] ` SIIlr 1 r.r � � 4%11 l . � k _ J Pull In vehicle(-84 dBm) r ■ Outdoors i s ■Q �Fj ' Existing Site Proposed Site .r -a�� • - - M . F T■ o � c . • � � rp Mi may" ..Romw LEW La ►- _ - I k . s �s ;%� 7 : ` Ai AN jimanww- ii. Legend Jill �r ,. favim W11 In vehicle(-84 dBm) _ !` 19 o� Existing Site � � -i � -h ll . ,-• + Via° = — Predicted Coverage with the Proposed Site @ 39' Top of Capsule T-Mobile Site IE24205E f ref rhos�6 '` a ve � a a • CYO Aha€, � - . 7 �,' •� r 1 •ti•'V1 n ZR� 6 •zti• _- r �io Rosa " f is. _y• - _ r �.. •tip 'e f •} L Z y oYc�R O 5 y Y � IaCn 'i 1 z011 i►634' ' I F Legend cF ,e t « F t Indoors(-76 dBm) e o k In vehicle(-84 dBm) � San ate JO F P���$ 6 Aven�';.iy hern6tond s n Outdoors(.91dBm) Existing Site E ahqk t yor Way - L v c `� rs , • Proposed Site s Coverage Gap 4 � c T M -Mobile stick together Confidential and Proprietary Information of T-Mobile USA 4 Predicted Coverage with the Proposed Site @ 47' Top of Capsule T-Mobile Site IE24205E nfe� I � r 1 < � �Ogiy _ a n ~= �1 Ar ' r :'1 e ,z4. Slo Rasa 1 rarl i R C z 1• i 1 urn i Legend L A ,�• -im. — � i �d•Rd Cr , t t s°"` Indoors(-76 dBm) � e f L U H _ n In vehicle(-84 dBm) Sir, iC -j r palm ® Outdoors(-91 dBm) a 1� eL fi�iatrtn '•R ►tGnld�Ofld -is c- ■1 cis ei . Existing Site E ah i qor Way L - a I r • Proposed Site cn R c Coverage Gap '°ob1 i ile stick together Confidential and Proprietary Information of T-Mobile USA 3 Coverage Improvement Comparison Table Overall Coverage Improvement comparison Coverage Gap F 1.35 Tsq miles % improvement on Coverage Gap Improvement from Area (sq miles) the Coverage Gap (Overall) Primary Site @ 47' 1.18 87'% PriA& 0.91 6 *Losing approxirnately 20%of coverage improverent if the'height is reduced by V T - -Mobile• stick togeilher Confidential and Proprietary Information of T-Mobile USA 6 M., p7 J °�` rf u a 4 &:'fin `,J N, rsr t 1aa F4 Y; r '�4 KN+h �"r°k�} ""F i Jh 1 I{�i �t t v 3b;"k'4�1o°b )'`'"��i1k" �p 'f Ftk �c�i# ?•IL d���,��/1 r �J, 4�.r' East View from Cerritos Road E911 Calls From the T-Mobile Network 3 0 days City of Palm Springs Eight Sites — 341 ZIP Code of 92262 Five Sites - 244 0 mMoblle°m � d T s -Mobile• stick togethee E911 Web Report- User Guide Suggestions Logout Legend Print9� t I Select Le e Maps Reports Graphs � Se ! + _ y,c, - c, x Criteria ISite .ANbe► Days Ago: i 30 l ll' State: CA PSAP: F +r, 3 County: Riverside City: Palm Spring: v County: IIV Palm�Springs E f International AirportSelection [ 1 CA>Riverside>Palm Spring 339 } Total Sites: 8 I— 1 Total Calls: 341 13 -qqSPPPI Clear Select I Apply Petition summary and Case No. 5.1246 Conditional Use Permit/6.523 Variance T-Mobile West Corporation 2100 E. Racquet Club Rd. Conditional background use permit to install a forty-seven and one-half tall commercial communication antenna within a sculptural monopole. Also includes a variance application to exceed the maximum antenna height permitted from thirty-nine fee to forty-seven and one-half feet at the aforementioned address. Action petitioned for We, the undersigned, are concerned citizens who urge our leaders to act to deny the approval of any T-Mobfle antenna at 1 2100 E. Racquet Club Road. Printed Name Signature Address Comment Date 'Ll '6 q1 F4, I 44i5b<VI-40 I/P Q Ii 7, 1A - j 23� 4' Ca�JA, )2 4"1 rated Name Sig ature Address Comment Date Laau ZX6 / S 1pO ke(1-�0&-yZ4- �"�4E&AL q 3 5- fv, i el Ac wep L+new 5-95- Few"k tics { �S L G V � Lr,� 7Lt- F f � Signature Printed Name Address Comment Date t 3 E- L C 43 cx !j►t MJ, l f Vf 2��+��nl.A L Are = [6 o �?�►sE ►� out , � AP5 C. i w�c�. Okckrf"Lf- Uft-33� ck w A _ s G ! �� >] c G G f if 24.L 7 N c-C Y4, c`P IZ b N oTv ✓ C �Z 4,. t"W ,� ! i t , Printed Name SignagM Address Comment Date 4t et 4cqvir - Ll (quo rbo�2 cl tj 0- b�%ov `� C -ri- 5 wf OLV[5 Q/ le i`�' yyty aleG-� f �Ka Ivy �� ,',' 7 /o Printed Name Signature Address Comment Date alb Z� "� �••-� I-�-lo ss- �c� .•, d/ N ��r tTa s �CCi It 7 A Ali I 00 � + C} r LI to 2%7 L-,, n +Qu Ct 7�zo 2 �7" ( I l T 1a AV VI zo eL v ;Ukc,l" S A— c2 l I l is Printed Name Signature Address fitment - Date vj lV - IQ PelLiffion to (Action Petitioned Fc-�--I Petition summary and Case o. 5.1246 Cord itionaI Use Permit,i 6.523 Variance T-€�1ol ile West Corporation 21�J0 , Racquet Crl,li) Rd. Conditional background use permit to install a arty-seven and one-half tali cornmerrial communication antenna within a sculptural monopole. Also includes a variance application to exceed the maximum antenna freight permitted from thirty-nine fee to forty-seven and _ orie-half feet at the aforementioned address. Actin petitioned for Tx We, the undersigned, are concerned citizens who urge GLIr leaders to act to deny the approval of any 1-Mobile antenna at 2100 E. Racquet Club Road. Printed Name Signature --_- Address i Comment Date CC� ----- - 1 0 2-+ C V t A (°U +�1 A 4{ ke o k'4N r i S C A g 2 24f Z" -- - - — —� u2� C>� q?_2A�,L _ -- PALM SA 0 It � c r u n RPORA7k V, CITY COUNCIL STAFF REPORT DATE: December 1, 2010 PUBLIC HEARING SUBJECT: T-MOBILE WEST CORPORATION — AN APPEAL OF THE DECISION BY THE PLANNING COMMISSION TO DENY A TYPE II CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A FORTY-SEVEN AND ONE- HALF FOOT HIGH WIRELESS COMMUNICATION MONOPOLE PROPOSED AT 2100 EAST RACQUET CLUB ROAD (APN 501-272-025, ZONE PD-160). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY T-Mobile West Corporation is requesting that the City Council overturn the Planning Commission's decision of September 9, 2010, to deny a Conditional Use Permit and Variance application for the construction and operation of a forty-seven and one-half foot tall sculptural monopole containing wireless antennas at 2100 East Racquet Club Road. The application included a Variance to Section 93.08.03(A)(2)(c)(iii) of the Zoning Code to vary the maximum antenna height permitted from thirty-nine feet to forty-seven and one-half feet. 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, DENYING THE APPEAL BY T- MOBILE WEST CORPORATION AND UPHOLDING THE DECISION OF PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A FORTY-SEVEN AND ONE-HALF FOOT HIGH WIRELESS COMMUNICATION MONOPOLE LOCATED AT 2100 EAST RACQUET CLUB ROAD, CASE NO. 5.1246 CUP & 6.523 VAR." ITEM NO. City Council Staff Report December 1,2010--Page 2 5.1246 CUP&6.523 VAR—T-Mobile Appeal PRIOR ACTIONS: On July 26, 2010, the Architectural Advisory Committee (AAC) reviewed the proposed project and by a vote of 4-3 (Sahlin absent) recommended approval with the following revisions: 1. Relocate monopole structure on site as follows: a. Preference 1: Expand the planter in the center of parking lot by removing two adjacent nose-to-nose parking spaces, and install monopole structure in middle of planter; or b. Preference 2: Install monopole structure in planter area adjacent to the existing building; 2. Monopole concrete should not be painted; 3. Structure should use natural concrete color, preferably white; 4. Match fiberglass element at top of structure to concrete color; and 5. Use low-level lighting to illuminate structure at night. The applicant has revised the project to be consistent with the above revisions, including preference 1.a. On September 8, 2010, the Planning Commission reviewed the revised project and by a vote of 6-0 denied the proposed monopole. On September 30, 2010, the applicant filed an appeal of the Planning Commission's decision. The appeal letter is attached to this staff report. BACKGROUND AND SETTING: The project site is approximately 59,241 square feet in size and located on the northeast corner of East Racquet Club Road and Cerritos Road. In 1984, the City Council approved a preliminary planned development (PD 160) to allow the construction of a two-phase project which included a multi-purpose room, kitchen area and administration offices in Phase I and a main sanctuary in Phase II. Phase I of the project was constructed in 1987 and exists today on the northwesterly portion of the property. Phase II has not been constructed. The sculptural monopole is proposed at the center of the property in an expanded planter adjacent to a drive aisle and the parking lot. The proposed monopole is constructed of primarily concrete and has fiberglass at the top to contain the antenna array. The antennas and associated equipment will be located entirely within the monopole structure. Low-level up-lighting is proposed to be installed to illuminate the monopole at night. City Council Staff Report December 1,2010--Page 3 5.1246 CUP&6.523 VAR--T-Mobile Appeal Table 1: Adjacent General Plan Designations, Zones and Land Uses: General Plan Zoning Existing Land Uses North VLDRVer Low Density Residential (Single Famill Residential Single Family Residential South (Very Low Den DR sity Residential Sin le Family Residential) Single Family Residential East (Very Low Density Residential (Single Family Residential) Single Family Residential West Very Low Den DR Residential (Single Family Residential Single Family Residential Proposed Site Monopole Location yd ! a k'. ir. su STAFF ANALYSIS: On September 8, 2010, the Planning Commission reviewed and denied the proposed sculptural monopole at the church site located at 2100 East Racquet Club Road. Staff has summarized some of the Commissioner's comments on the project below: 1. Commissioner Donenfeld expressed concern of a monopole being located in a residential community. City Council Staff Report December 1,2010--Page 4 5.1246 CUP&6.523 VAR—T-Mobile Appeal 2. Chair Caffery was encouraged by the design but concluded that the structure was too tall and should not be located in a residential neighborhood. He stated that the buffer between the commercial and residential should be greater. 3. Vice Chair Scott concurred with Chair Caffery. The applicant has submitted an appeal and requested that the City Council overturn the Planning Commission's decision to deny the project (see attached letter). The appeal letter provides a response to the concerns of the public, but there is no response to the Commission's comments for denying the project. Based on the above, staff is recommending that the City Council reject the appeal and uphold the Planning Commission's decision to deny the Conditional Use Permit and Variance application for a forty-seven and one-half foot high wireless communication monopole at 2100 East Racquet Club Road. FISCAL IMPACT: No Fiscal Impact. Ina, AI Thomas WKZn, Assistant City Manager Direr or of Planni g ervices David H. Ready, City g e r Attachments: 1. Vicinity Map 2. Draft Resolution 3. Letter of Appeal 4. Planning Commission Minutes, September 8, 2010 (excerpt) 5. Planning Commission Staff Report (w/ exhibits), September 8, 2010 A eF v��r spo N V N Department of Planning Services W E Vicinity Map S E POWELL RD ........ ... .. w........ vLLI WE fY ......... ......E I A RQ x .................E ............. . ........ ......... ...�.... .............. CAE LAGO R[ ... ....µ E I , E , .... RACQUET CLUB RIB ......... ......... ..... .... .y r � i f 1 ... ....... fl ....... ......... r E ; f� E , I ROCHELLE RfJ __. _ . I 0 r Legend .. , 0 400ftBuffer Ix Q .... mi site Parcels d j CITY OF PALM SPRINGS CASE: 5.1246 CUP & 6.523 VAR DESCRIPTION: To consider an appeal of the Planning Commission's September S, 2010, denial of a APPLICANT: T-Mobile West Corp. Conditional Use Permit and Variance application for the construction and operation of a forty-seven and one-half foot tall commercial communication antenna contained within a sculptural monopole located at 2100 East Racquet Club Road, Zone PD 160, Section 1. - RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL BY T-MOBILE WEST CORPORATION AND UPHOLDING THE DECISION OF PLANNING COMMISSION TO DENY A CONDITIONAL USE PERMIT AND VARIANCE APPLICATION FOR THE CONSTRUCTION AND OPERATION OF A FORTY-SEVEN AND ONE-HALF FOOT HIGH WIRELESS COMMUNICATION MONOPOLE LOCATED AT 2100 EAST RACQUET CLUB ROAD, CASE NO. 5.1246 CUP & 6.523 VAR. WHEREAS, the T-Mobile West Corporation ("Applicant") filed an application with the City pursuant to Section 94.02.00 and 94.06.00 of the Zoning Code for a forty- seven and one-half foot high wireless communication monopole for the property located at 2100 East Racquet Club Road (APN: 501-272-025), Zone PD-160, Section 1; and WHEREAS, on September 8, 2010, a noticed public hearing was conducted by the Planning Commission in accordance with applicable law; and WHEREAS at said public hearing, the Planning Commission carefully reviewed and considered all the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented, and voted 6-0 to deny the subject project; and WHEREAS, on September 30, 2010, T-Mobile West Corporation ("Appellant") filed an appeal with the City Clerk, pursuant to Chapter 2.05 of the Municipal Code, of the Planning Commission's decision to deny the proposed monopole at 2100 East Racquet Club Road; and WHEREAS, on December 1, 2010, a public hearing on the appeal was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the appeal hearing on the project, including, but not limited to the staff report and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to Sections 94,02.00 and 94.02.00 of the Palm Springs Zoning Code, the Planning Commission is required to make certain findings when approving a Conditional Use Permit and Variance application. The Planning Commission was unable to make these findings for the following reasons: City Council Resolution Page 2 1. The commercial communication monopole is located on a parcel that is entirely surrounded by residential, and the buffer between the monopole and residential should be greater. 2. The height of the structure is too tall and does not fit within the neighborhood and its surroundings. SECTION 2. Pursuant to Municipal Code Section 2.05.030, the appellant submitted a written notice of appeal but did not state any grounds for the appeal. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby denies the appeal and upholds the Planning Commission's decision to deny a conditional use permit and variance application for a forty-seven and one-half foot high wireless communication monopole located at 2100 East Racquet Club Road. ADOPTED this 1 st day of December, 2010. David H. Ready, City Manager ATTEST: James Thompson, City Clerk City Council Resolution Page 3 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 4, September 29, 2010 42 30 wpm N I I Mr.James Thompson City Clerk MIN City of Palm Springs 32oo E.Tahquitz Canyon Way Palm Springs,CA 92262 WC RE: Request for Appeal of Planning Commission ARCHffECTSINGINEEK P.C. Action(Case NO.5.1246 CUP and 6.523 VAR)- Seattle Office Proposed T-Mobile Commercial Communication 4720 200"St.SW, Antenna Structure,21oo E.Racquet Club Road Suite!Go Lynnwood,WA Dear Mr.Thompson: 98036 425-670-9651 Fait 425-7U-0846 KDC Architects, Engineers, P.C.,on behalf of T-Mobile W est Corporation,respectfully requests an appeal to the Denver City ty Council of the City of Palm Springs of Planning Corporate/Main Commission actions on September 8,2ol o pertaining to Office Case No. 5.12-46 CUP and 6.523 VAR.This appeal is 7442 S.Tucson Way, Suite 180, submitted in accordance with Section 2.05.040 of the Enj'emod,'Colorado Palm Springs Municipal Code for the City Council's review, 8,0112, consideration and action.As required,please find a check =45H999 Fax 303-750-0236 attached to cover the cost of the appeal filing fees. Corona Office At this public hearing,the Planning Commission did not 411 Jenks Circle. make the required findings and denied the application for Suite 101 Comna,CA92880 the proposed project.We hereby request an appeal of this 9511473-9237 action,and for the City Council to overturn the Planning Fax 951-273-1816 Commission's denial and to approve the requested Santa Rosa Office: Conditional Use Permit and Variance. 1220 N.Dutton Ave Suite 107 Thank you for your time and consideration in the Santa Rosa,CA 95401 processing of this appeal request. Please contact me at 7.07-541-2344 Fax 701-541-2301 949-295-9031 to discuss and coordinate the scheduling of this appeal before the City Council. KDC Asia Ltd. 472 Expand Building LeVel 5 Res tfully su itte Rajohadapisek Road,Samsen Re 6te Nock, HuaykMng, Bangkok'10320 1 R e +66(0)2938 9083 rc it n behalf of KDC Archit s,Engineers, PC Fax+66(0). 2938 9087 /Authorized Agent for T-Mobile T Holu lucc MWzT wtj to November 16, 2010 y„�y Honorable Mayor Steve Pougnet City Council Members City of Palm Springs 3200 E.Tahquitz Canyon Waymill I Palm Springs, CA 92262 RE: Proposed T-Mobile Commercial Communication Antenna KDC Structure,21oo E. Racquet Club Road, Center for Spiritual Living ARCHITECTS.ENGINEERS, P.C. (Case No.5.1246 CUP and 6.523 VAR) Seattle Office Dear Mr. Mayor and Members of the City Council: 4720 200 St.SW, Suite 200 Lynnwood,WA T-Mobile West Corporation(T-Mobile)has requested the City 98036 Council of the City of Palm Springs to review and reverse the 425-670-8651 Planning Commission denial of Case No. 5.1246 CUP and 6.523 VAR Fax 425-712-0846 on September 8,2010. Denver At the Planning Commission public hearing,several members of the Corporate/Main public offered letters and spoke in opposition to the proposed T- CfFce Mobile wireless facility to be located at the Center for Spiritual 7442 S.Tucson Way, Living(CSL)on Racquet Club Road. Briefly,the reasons given for Suite 180, Englewood,Colorado opposition included;1)increase in lightning strikes, z)increase in 80112 aviation safety,3)adverse impact on home-based businesses,4) 303-750-6999 increase in health risks, 5)visual aesthetics,and 6)decrease in Fax 303-750-0236 property values. Corolla Office In response to these items,T-Mobile would like to offer the 411 ,Jenks Circle Suite 101 following statements and attached information: Corona,CA 92880 951-273-9237 1) Lightning strikes—the proposed wireless sculpture will be Fax 951-273-1816 properly grounded, meeting all necessary building&safety codes.Additionally,there are existing trees and power 1220 N Rosa Office codes. in the area which are 35-50 ft. in height, so this one Suite Suite 107 Dutton Ave structure will not.significantly increase the number of Santa Rosa, CA 95401 lightning strikes in the area. 707-541-2344 z) Increased risk in aviation safety—the proposed wireless Fax 707-541-2301 facility will meet all Federal Aviation Administration(FAA) safety regulations,including, if necessary,registration and KDC Asia.Ltd. lighting. Raphap<nc! ?i..iii Road, hevelats ,i 3) Adverse impact on home-based businesses—the proposed {�;:�jciaadapir�-�N:�a%�1,:��ar'��N�i Nock wireless facility will meet all Federal Communication Hu ay,Ikmjng, Commission(FCC)regulations regarding radio frequency to Bangkok 10320 ensure that there is no interference with existing electronic +66(0)2?M 9i 88" equipment,including cell phone reception. Fax+fib(0)2938 9087 i ;�i 3) Increase in hea th risks- the FCC has established regulations regarding the amount of radio frequency(RF)emissions that may be emitted by wireless sites and posse no health risk to the public.The emissions generated by T-Mobiles'wireless facilities is typically less than 1%of that allowed by FCC regulations.Attached is a T-Mobile Fact Sheet addressing Health Issues. 4) Visual aesthetics-a property owner has stated that his"unobstructed"view of the mountains will be blocked by the proposed wireless sculpture.This statement disregards the numerous existing features,including both trees and power poles,in the area which are the same height and which may block his view.Additionally,the view photos submitted by the property owner grossly misrepresent the location,height and mass of the proposed wireless facility.T-Mobile has reviewed the design discussions by the City Council and Planning Commission in an attempt to create an aesthetically pleasing stealth wireless facility.We believe,and the Planning Commission agreed,that the proposed wireless sculpture accomplishes this objective. 5) Decrease in property values-the newspaper article referenced was discussing a visible antenna array being placed on a wooden pole at the front of a residential property, not a stealth wireless sculpture.The percent decreases stated in the article came from a local real estate agent and an attorney,not a licensed appraiser familiar with wireless facilities. Attached is a T-Mobile Fact Sheet addressing Property Values,which concludes that properties chase and far from wireless facilities,increase and decrease in value at the same rates. To address and respond to the statements and incorrect information circulating regarding the proposed T-Mobile facility,an invitation to a neighborhood Meeting was mailed to all property owners within 400 feet of the CSL property can October 18"',On October 27"',the Neighborhood Meeting was held at the CSL Fellowship Hall. Two residents of the surrounding neighborhood attended,limiting T-Mobile's attempt to have an open dialogue with local neighbors. Thank you for your time and consideration in reviewing this appeal.We strongly believe that it is in the best interest of the City of Palm Springs to approve this project. Respectfully, pbehalf g rs of KDC A chitects, Engineers,PC Authorized Agent for T-Mobile .......... ................................... ....................... J reates thw. need to �,,�,Aki R EAL ",,T1 APPRAISALS (3rewing for wireir,s,,; sei,vic(7 S I t th i-is,"M 1 �'� .��,FNCC- OF NEARBY facilifie,,�, in, resident',ii r,,eighborl i,,)od& Whil,-, ere has CEIA- 0C)ES NOT been pui:A,k,; concern about the impact these sites may have �)j) property ADVERSELY AFf,'1 :'1 ­v e.rs e to date tM,-.,re is no Corwin in ovii'l,,mce that P-iere is any ,, J� PROPERTY VALUES' effect T N4obifereca�viizosthat mointaining1)�'()Pryvalu( inth v;cinity of a site is of critir.,fl Concern to horneov)n uz refulfy cc,P ,-rider I elect4V n(,� ,, , -,, 'o, . v,��Oucs,' 'he needs of incal communi�lies when L elf Or ,ions as -,ie service. we strive to rneet your ne ocjs for Importance of reliable wireless coverage to customers Vie, i� .. 1A ho Q, GO. 0 r7.., '0, i Dependable wireless service is critical to personal and public safety V -arekgxaSs,a's MM r. "Tr rt Nvd,`o 1,1cN cv Nk, - Questions about Wireless and home values �onl,� uL Y and �hp flh"v exPo", sionai,;C n ly Yv i nrd SellSites r Progerty - New wireless availability can enhance neighborhoods (°.� £'� " L' €:,i.•¢,a°�' :a t .lI, .eJ� €js fhm: 4 .� :;S;.. .,`.?.�a ,.,: i�'6 r�" e !A t,�� ..•'.i. q kCm y 9 ,�.��3 9 3n,}^a .:. t,e'(t; fa h, tI. 2„ Pm. Its the 1 Ott" ,:f arded , y '€ a> e cel)d '€.,hE( € '�� e .€"th":''jt"h, r3 3•.,F�§i, ." and I Increased wireless usage drives need for expanded wireless network s,:..: � ; 11<lsi. „ , 31t.R,., (i. €? {?€ .'"yt"r ( r•,,.,,.'::.., ',it r.€f; ,..,. .(f..a. ,, "•�" x E ,w�r 3rt11 €'.:a3.w s.a ...E ,.y t1 j�, r'1 W t1,€ 7 .,£: w ;, ,1' C,'€<>1t f; O"i'l4 hay LEARN d ' f:. t. t",,:XPERT OPINION ON SAFE FY i Sciemfists have studied radio frequencies (W), the, kind of energy OF WIRELESS FACUTES enAtted by cell sitos, arid other conTnon household iterns, for decades. idundreds of studJes have been corAICUU1 aromW the world with results published iri highly-,respected jour(' als, Thesc, consistpntly carick-ide that there is no that ex;x.)st.iro to low level of FIF signWs enKed by cel] skew poses a Quith r1k. How cell sites work logo! &W - "Wo IP qc"Jr "YW, a ""IT ' A 11 t'WTIC: (V wyeysz k nn AY f 1. V Q4 * "Tho�'hancp o"NeWO prJ. low-powered radio equipment rexjuved to send m d omwe cMg Rmn Kum ve*ws, In ',I ha ixoGess of sending and rocelviT'ag signal,-. i,utw€gks ,,'im k levelT­, �f RIF msTy Pnmn rf this ennqv a�ernrlod hv thP wkAws Amw on, rq Me cmhxe TWI> donment ;YhVnLncS W";n w soumd.. : isiir * TON Photo mvew VS x twv.am expo,,,e�d to iiorn . f€•.r ' FCC regulates RF emissions to ensure public safety lb ensue twa rmsho exponae to ceK sun e uum Cc nwouson I regul atos the levol of r,adio a M�;,Y O Nolo mit. iha't the lavol C,, ;'b,7 io'm ii, " W 1 0 Yam (d wynn 04 ng )OW OtTwrl Ti'EC; ,,;ill Sim and 1ho 001()uni of traffic at aM given tinle, H a Fcc v Rr NPOWC Q kRUMS CK0 busad m rocorn(nemw io�),i from two o Nom"d 00mad or QY too, (N"'YP) and Me hmYuW al Sans al vul Dentronics Ehgne. i "iG„i: n Vanety i'J's, e.�w! mci»iding the Apeocy Federal Dug Adumarown QTMk CMmT~W SMMy nnd V=4 AWKWOnn (OS'-AI and Na :'VA h4A i pin to Qx't"paooj ial Safety aa,J I undw scumrw, a0� QK n- om,nan cwkmu, m wah a OW woerawo at 100 pama k Lqmdty 100 pannm cq to Ray &Y, nr cwnw 's WkeN to 0CMV,AyMfWe i,,)fov1d,nq a wide margin of&-,.fp�vv r lllrll� ' .-Mobile., RF IS RADN") Typically, actual RF emissions are well under safety limits r {S;TT use WO in Pracum the n Koo, Ypirure v ov i von com siles is, FCG,* " �sOrg o on and ON 3�1 d 0 UM iCrM Qfradm ewWr,d`,gp3h*or'radio This js Me same m to even con�o,cicso to rea,;I,,ing ow Iowa drowed by un orc, T,at has ars Om men saraw {-,stanuling approximately :,""0,ouF away,the W an&a% 1 only 1 M paTPI of MM WaYmon LxMaWo iv-d Rwould tuk�,,'marr""han a,,Q in to R..h thav,,linifs WC I M MCI!aS WMISS MMIMS,COIJIUSC At 1 Low sdllly, "fa dirocteo, iro,,T) lhel ihc, not.,..on. ;.t < ;-,"F Wi',oMrms,and baby 'Y"', I of c h-,a 1 WE Warm, So Ih�� ell Oe ontem%�,n e icd coy ww power lemy conwin-, to as-vur,e What experts say j .M I ,,)f enEg g Cino weak Io rnolef, ,J.,,�v that l in Independent organizations concur with FCC guidelines i of Y u P Oqac,iza�6,,)n� ou'l �nt� 1100A, o� , Hyn n Malud and NO n ,J I LOAM N h P, Q KV& KTO V"�� h,,�vg dmm wAva a. I w V W�J j?�torflu��mn and Nim to If lie CONTAcyr US September 29,2010 INIMM 100 F f Ra Mr.James Thompsons . M I I I City Clerk City of Palm Springs 32oo E.Tahquitz Canyon Way Palm Springs,CA 92262 KDC RE: Request for Appeal of Planning Commission ARCH=ISINGINEERS,P.C. Action(Case NO.5-1246 CUP and 6.523 VAR)— Seattle Offied Proposed T-Mobile Commercial Communication 47,20 200"St.SW Antenna Structure,21oo E.Racquet Club Road Suite 200 Lynnwood,WA Dear Mr.Thompson: 98036 425-670-9651 Fox 42W1 M846 KDC Architects, Engineers, P.C.,on behalf of T-Mobile West Corporation,respectfully requests an appeal to the Denver Corporate/.Main City Council of the City of Palm Springs of Planning Commission actions on September 8,2olo pertaining to Office Case No.5.1246 CUP and 6.523 VAR.This appeal is 740 S.Tucson Way. Me 180. submitted in accordance with Section 2.05.040 of the Englmood.Colorado Palm Springs Municipal Code for the City Council's review, .8,0112 consideration and action.As required,please find a check n�750-6999 Fax 303-75H236 attached to cover the cost of the appeal filing fees. Corona Office At this public hearing,the Planning Commission did not 411 Janks Circle make the required findings and denied the application for Suite 101 Corona,CA 92 880 the proposed project.We hereby request an appeal of this 051-273,-9237 action,and for the City Council to overturn the Planning -Fax 951-273-1816 Commission's denial and to approve the requested Santa Rosa Office Conditional Use Permit and Variance. 1220 N Dutton. Ave Suite 107 Thank you for your time and consideration in the Santa Rosa,.CA 95401 processing of this appeal request. Please contact me at 707-541-044 Fax 707-541-2301 949-295-9031 to discuss and coordinate the scheduling of KDC Asia Ltd. this appeal before the City Council. 472 Expand Building Level 5 Resp, ctfully su itte Rajohadapisek Road,Sarnsen Re No* Huayloyang, Bangkok 10320 J R e s +66(0)2938 9083 n b.ehalf of KDC rchit s,Engineers,PC Fax 466(0)2938 9087 /Authorized Agent for T-Mobile 12 I-V �'I ILI IT Planning Commission Minutes September 8, 2010 2. PUBLIC HEARINGS; 2A. 16.523 VAR - A request by T-Mobile West Corporation for a Conditional Use Permit to construct a 47.5-foot tall commercial communication antenna within a sculptural monopole and a Variance application to exceed the maximum antenna structure height•permitted at 2100 East Racquet Club Ro f piritual Living), Zone PD-160, Section 1. (Project Planne ssociate Planner) David A. Newell, Associate Planner, provided background information as outlined in the staff report dated September 8, 2010. Chair Caffery opened the public hearing: -James Rogers, representing T Mobile West, provided details on proposed wireless site, non-coverage areas and the design and fabrication of the capsule structure. -Mike Tucci, spoke in opposition to the proposed antenna structure because of health and safety risks to the nearby pre-school, decreased property values and the obstructive view. -Tom Huff, spoke in opposition to the antenna structure, expressed concern with the public hearing held during the summer months, decrease in property values and requested more time for input from neighbors. -Vicky Starke, spoke in opposition to the antenna structure, commented on the view obstruction to her property, decreased property values and existing cell towers in the vicinity. -Andrew Starke, spoke in opposition to the antenna structure, expressed concern with the obstruction of his view, the insufficient open space at this site and existing cell towers in the neighborhood. -James Rogers, applicant rebuttal, responded to the public testimony pertaining to the health and safety risks, property values and adjacent cell towers. There being no further appearances the public hearing was closed. Commission Hudson questioned if the possibility of co-locations were considered for this site. Mr. Rogers explained that since the structure is prefabricated with the radio equipment inside the issue of co-location would need to be worked on. Chair Caffery spoke in favor of the cell tower design, however, noted that this structure is not appropriate in a residential zone. Vice Chair Scott concurred with Chair Caffery and stated that the cell tower is a great design but is in the wrong location. 4 Planning Commission Minutes September 8, 2010 M/S/C (Vice Chair Scott/Doug Donenfeld, 6-0, 1 absent/Leslie Munger) To deny Case 5.1245 CUP /6.523 VAR. Director Ewing reported that the Planning Commission's decision may be appealed to the City Council within 10 working days. Case 6.1224 Zone Text Amendment - A zone text amendment consolidating conditions for Specific Uses into a single code section. (Planner: Ken on, Associate Planner) Ken Lyon, sociate Planner, provided background information as outlined in the staff report dated ptember 8, 2010. Chair Caffery op d the public hearing and no appearances coming forward the public hearing was closed. M/S/C (Doug Donenfe racy Conrad, 6-0, 1 absent/Leslie Munger) To recommend approval of the Zone Text endment to the City Council. A. Annual Schedule for tanning Commission Representation to the Architectural Advisory Co iittee meetings. Director Ewing provided an update on a upcoming planning items scheduled for the City Council meeting and reminded the mmission to submit their questions and/or concerns pertaining to the Desert Palisades oject. Director Ewing reported that the October 6th Pla ing Commission study session would consist of a joint meeting with the AAC. ADJOURNMENT: There being no further comments the Planning Commission adj rued at 3.36 p.m. to Wednesday, September 22, 2010, at City Hall Council Chamber, 00 East Tahquitz Canyon Way. A. wing P Di r of Pla nin Services 5 ,off 0 V cn 'p``",� k PlanningCommission Staff Re orf Date: September 8, 2010 Case No.: 5.1246—CUP / 6.523—VAR Type: Conditional Use Permit and Variance Location: 2100 East Racquet Club Road APN: 501-272-025 Applicant: T-Mobile West Corporation General Plan: VLDR (Very Low Density Residential) Zone: PD 160 (Planned Development District 160) From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: David A. Newell, Associate Planner PROJECT DESCRIPTION: The application is a request by T-Mobile West Corporation for a Type II Conditional Use Permit to install commercial communication antennas within a new forty-seven and one- half foot high sculptural monopole for the property located at 2100 East Racquet Club Road. The applicant is also requesting approval of a Variance application to exceed the maximum antenna height permitted from thirty-nine feet to forty-seven and one-half feet. RECOMMENDATION: That the Planning Commission recommends approval of the Conditional Use Permit and Variance to the City Council for the installation of a forty-seven and one-half foot tall monopole structure for the housing of commercial communication antennas located at 2100 East Racquet Club Road. 1 ;.:. Planning Commission Staff i-_;iort September 8, 2010 Case 5.1246—CUP/6.523—VAR Page 2 of 8 PRIOR ACTIONS: On July 26, 2010, the Architectural Advisory Committee (AAC) reviewed the proposed project and by a vote of 4-3 (Sahlin absent) recommended approval with the following revisions: 1. Relocate monopole structure on site as follows: a. Preference 1: Expand the planter in the center of parking lot by removing two adjacent nose-to-nose parking spaces, and install monopole structure in middle of planter; or b. Preference 2: Install monopole structure in planter area adjacent to the existing building; 2. Monopole concrete should not be painted; 3. Structure should use natural concrete color, preferably white; 4. Match fiberglass element at top of structure to concrete color; and 5. Use low-level lighting to illuminate structure at night. The applicant has revised the project to be consistent with the above revisions, including preference 1.a.. BACKGROUND AND SETTING: T-Mobile West Corporation has submitted an application for a Type II Conditional Use Permit and Variance. The applicant has secured a Letter of Authorization with the property owner to proceed with these applications. The project site is approximately 59,241 square feet in size and located on the northeast corner of East Racquet Club Road and Cerritos Road. In 1984, the City Council approved a preliminary planned development (PD 160) to allow the construction of a two-phase project which included a multi-purpose room, kitchen area and administration offices in Phase I and a main sanctuary in Phase II. Phase I of the project was constructed in 1987 and exists today on the northwesterly portion of the property. Phase II has not been constructed. The sculptural monopole is proposed at the center of the property in an expanded planter adjacent to a drive aisle and the parking lot. The monopole is constructed of primarily concrete and has fiberglass at the top to contain the antenna array. The antennas and associated equipment will be located entirely within the monopole structure. Low-level up-lighting is proposed to be installed to illuminate the monopole at night. Table 1 below shows the surrounding land uses, Zoning and General Plan designations. 2 �' Planning Commission Staff i- Jort September 8, 2010 ' Case 5.1246--CUP/6.523--VAR Page 3 of 8 Table 1: Adjacent General Plan Designations, Zones and Land Uses: General Plan Zoning Existing Land Uses North VLDR yVer Low Density Residential (Single FamilyResidential Single Family Residential South VLDR y- (VeryLow Density Residential (Single Family Residential Single Family Residential East VLDR yr (Very Low Density Residential Sin le Family Residential) Single Family Residential West R- (Very Low Density Residential (Single Family Residential) Single Family Residential Proposed Site Monopole Location � 4 r! W ANALYSIS: The General Plan designation of the subject site is VLDR (Very Low Density Residential). The General Plan does not specifically regulate the installation and operation of wireless communication facilities; however, staff has determined that the use as proposed is compatible with this designation as it supports cellular needs of the surrounding residential uses. The zoning designation is PD 160, and the use is permitted with the approval of a Type II Conditional Use Permit, pursuant to Section 93.08.00 and 94.02.00(A)(2)(f) of the 1 Planning Commission Staff v.,�ort September 8, 2010 Case 5.1246—CUP/6.523—VAR Page 4 of 8 Palm Springs Zoning Code (PSZC). Table 2 below displays the PSZC's and proposed project's development standards: Table 2: Antenna Development Standards and Proposed Project 93.08.03(A)(2)(c)(iii) Proposed Project Requirements (approximate Height (feet) 39 feet (25 feet above the 47.5 feet highest roof of the rinci al buildin Front West Yard Setback 25 feet 180 feet Side North Yard Setback 10 feet 65 feet Street Side South Yard Setback 25 feet 76 feet Rear East Yard Setback 1 15 feet 218 feet Monopole Height: Pursuant to Section 93.08.03(A)(2)(c)(iii) of the PSZC, "No part of the antenna structure shall extend to a height of more than twenty-five (25) feet above the highest point of the roof of the principal building on the property." The height of the existing church building is approximately fourteen feet, which would allow an antenna height of thirty-nine feet. The monopole is proposed at forty-seven and one-half feet in height. The applicant has submitted a variance application to allow the antenna at its proposed height and provided a justification letter to support it. Findings in support are found below in the Required Findings portion of the staff report and in the draft resolution. Text on Monopole Since the project was reviewed by the AAC, the applicant has stated that the church would like to utilize the sculpture as a "Peace Pole". As they describe it, "a `Peace Pole' has a philosophical phrase or quote written on the sides of the pole in 3-4 different languages." The elevation plan shows the areas on the monopole where the text would be located. Staff notes that this is signage and not permitted under the sign ordinance. Therefore, staff has included a condition of approval in the draft resolution that prohibits any signage on the monopole. Landscape Changes: The proposal will require the removal of one large tree that is about eighteen feet in height to accommodate the new monopole in the parking lot planter. Staff believes a replacement shade tree should be planted in a different area of the parking lot and has included this requirement as a Condition of Approval in the draft resolution. 2 ' Planning Commission Staff f.Jort C September 8, 2010 Case 5.1246--CUP/6.523--VAR Page 5 of 8 Parking Analysis: Two parking spaces will be removed adjacent to the proposed monopole to meet the AAC's recommendation for a larger planter area. There are currently eighty-four parking spaces existing onsite. A two-phase planned development was approved for the church facility in 1984. Phase One consisted of a multi-purpose room, kitchen and administrative office and Phase Two consisted of a sanctuary with seating for 255 people. It was determined in 1984 that 85 parking spaces would adequately serve both phases. Since Phase Two was never constructed, the loss of two parking spaces will be insignificant. Should Phase Two be proposed in the future, a new parking analysis will be necessary. REQUIRED FINDINGS: 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. The subject property has properties in the vicinity that contain buildings and landscaping which inhibit cellular frequency at a height of thirty-nine feet. The applicant has provided radio frequency maps that display coverage of an antenna at thirty-nine feet and forty-seven and one-half feet in height. These maps show that a thirty-nine 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. 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-seven and one-half 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. Planning Commission Staff f,Jort ' September 8, 2010 Case 5.1246—CUP/6.523—VAR Page 6 of 8 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 monopole 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 Commission 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. The applicant provided a study which shows that the height limit of thirty-nine feet will not provide the coverage necessary to serve the needs of wireless users in the area. Diagrams have been provided that show the top of the antenna at a height of thirty-nine feet compared to forty-seven and one-half feet, and the height of thirty-nine feet does not appear to achieve and .maintain satisfactory coverage within the specified height limitations. Conditional Use Permit The request is subject to the required findings of a Conditions Use Permit as contained in Section 94.02.00 of the PSZC. Staff has analyzed the request in light of the findings as follows: 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 a planned development (PD-160) 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 2 '. Planning Commission Staff i __�ort p September 8, 2010 Case 5.1246—CUP/6.523--VAR Page 7 of 8 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 VLDR (Very Low Density Residential). 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. All of the antennas will be contained within the monopole structure which will be located at the center of the site. 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 proposal includes a variance to the antenna height requirement; the equipment will be contained within the monopole. Parking at the site will be adequate for the existing development. The use will occupy only a small portion of the site. Therefore, the site for the intended use will easily 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, removal of antenna upon use-change or abandonment of the subject property and compliance with all Federal Airport Administration requirements among others. R-a s, Planning Commission Staff i..._�ort t September 8, 2010 Case 5.1246—CUP/6.523—VAR Page 8 of 8 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. CONCLUSION: The proposed project was reviewed by Staff and the AAC. Staff is able to make the required findings for both the Variance and Conditional Use Permit requests. Therefore, staff is recommending approval of the proposed sculptural monopole at a height of no more than forty-seven and one-half feet, subject to the conditions attached to the draft resolution. David A. Vewell *Diror in I P Associate Planner anni g Services ATTACHMENTS: - 400' Radius Map - Draft Resolution with Conditions of Approval - Site Plans - Elevations - Slim-line Monopole Design - Height Study Maps OF PALM SA4 c N Department of Planning Services W E •c'�4FORH�*• Vicinity Map S ( ........ ............... , i i POWELL RD. ......... d d i � W A , t .......QL IL ................. .......... . RD I� 3 I i � E I , i i I I. , .... i. ....... 1 ; DE LAGO RD j I .. ,... •! t RACQUET CLUB W7 .t ......... .............. ............. C] ;..EM �1 ROCHELLE RD ... ......... E aLe9end i Q 400 tBuffer Site !....... Parcels } ............. 4.. . 3 3 CITY OF PALM SPRINGS CASE: 5.1246 CUP & 6.523 VAR DESCRIPTION: A request by T-Mobile West Corporation for a Conditional Use Permit and Variance APPLICANT: T-Mobile West Corp. application to construct a forty-seven and one-half foot high monopole at the property located at 2100 East Racquet Club Road, Zone PD 160, Section 1. , 2 c RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL CASE NO. 5.1246, A TYPE II CONDITIONAL USE PERMIT FOR THE INSTALLATION OF A FORTY-SEVEN AND ONE- HALF FOOT HIGH COMMERCIAL COMMUNICATIONS ANTENNA WITHIN A MONOPOLE AND CASE NO. 6.523, A VARIANCE TO EXCEED THE MAXIMUM ANTENNA HEIGHT FOR THE PROPERTY LOCATED AT 2100 EAST RACQUET CLUB ROAD. WHEREAS, T-Mobile West Corporation ("Applicant") has filed an application with the City pursuant to Sections 94.02.00, 93.08.00 and 94.06.00 of the Palm Springs Zoning Code (PSZC) for the installation of a commercial communications antenna on a forty- seven and one-half foot tall monopole, which exceeds the maximum antenna height of thirty-nine feet, located at 2100 East Racquet Club Road, APN: 501-272-025, PD-160 Zone, Section 1; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit, Case No. 5.1246, and Variance, Case No. 6.523, was given in accordance with applicable law; and WHEREAS, on September 8, 2010, a public hearing on the application for Conditional Use Permit, Case No. 5.1246, and Variance, Case No. 6.523, was held by the Planning Commission 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 (Class 32 -- In-Fill Development) of the California Environmental Quality Act (CEQA).; and WHEREAS, the Planning Commission 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 PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: The Planning Commission finds that this Conditional Use Permit is Categorically Exempt from environmental review pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act. Section 2: State law requires four (4) findings be made for the granting of a variance. The Planning Commission finds as follows: 1. Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application 2 l; Planning Commission Draft-_. _,(solution September 8, 2010 Case 5.1246—CUP/6.523—VAR Page 2 of 4 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 thirty-nine feet. The applicant has provided radio frequency maps that display coverage of an antenna at thirty-nine feet and forty-seven and one-half feet in height. These maps show that a thirty-nine 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. 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-seven and one-half 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 monopole 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 Commission makes make the following finding in addition to those required above. The Planning Commission finds as follows: y 4, Planning Commission Draft Solution } September 8, 2010 Case 5.1246—CUP/6.523—VAR Page 3 of 4 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 thirty-nine feet will not provide the coverage necessary to serve the needs of wireless users in the area. Diagrams have been provided that show the top of the antenna at a height of thirty-nine feet compared to forty-seven and one-half feet, and the height of thirty-nine 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 Planning Commission 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 a planned development (PD-1 G0) 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 VLDR (Very Low Density Residential). 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. All of the antennas will be contained within the monopole structure which will be located at the center of the site. 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 proposal includes a variance to the antenna height requirement; the equipment will be contained within the monopole. Parking at the site will be adequate for the existing development. The use will occupy only a small portion Planning Commission Draft solution September 8, 2010 Case 5.1246—CUP/6.523—VAR Page 4 of 4 of the site. Therefore, the site for the intended use will easily 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, 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, based upon the foregoing, the Planning Commission hereby recommends approval of Conditional Use Permit Case No. 5.1246 and Variance Case No. 6.523 to the City Council, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 8t" day of September, 2010. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Craig A. Ewing, AICP Director of Planning Services a RESOLUTION NO. EXHIBIT A Case 5.1246 CUP and Case 6.523 VAR T-Mobile West Corporation 2100 East Racquet Club Road APN: 501-272-025 IE24205E September 8, 2010 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 Services, the Director of Building and Safety, 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 5.1246 CUP and Case 6.523 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 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 Resolution No. Draft Conditions of Approval Page 2 of 4 Cases 5.1246 CUP&6.523 VAR September 8,2010 Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1243 CUP and Case 6.523 VAR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit, ADM 10. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. 33 Resolution No. l Draft Conditions of Approval Page 3 of 4 Cases 5.1246 CUP&6.523 VAR September 8, 2010 PLANNING DEPARTMENT CONDITIONS PLN 1. Signage. The applicant shall remove references to signage on the elevation plan. Signage is prohibited on the exterior of the monopole. PLN 2. Landscape. The applicant shall either (a) install a new thirty-six inch box tree in the parking lot planter, or (b) re-locate the existing tree that will be removed as a result of the monopole installation. Prior to doing either option, the applicant shall submit their proposal to the Planning Department for approval. PLN 3. 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 4. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 5. 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 6. Obsolete Technoloo Y. 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 7. 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 8. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be forty-seven and one-half feet, as measured from finished grade to the highest point of the structure. PLN 9. 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 10. 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. Resolution No. Draft Conditions of Approval Page 4 of 4- Cases 5.1246 CUP&6.523 VAR September 8, 201 D PLN 11. FAA & FCC Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA) and Federal Communications Commission (FCC). PLN 12. 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 and Zoning. PLN 13. 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. 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. 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Bench Mark EON I -- Utility Route I KDC Vicinity Map nsesrr's Parcel No. Date of Survey CQLVADA SURVEYING,INC.! ------------ JJ i T-1-T RAP'L I I G ----------- I EW- E24205E SPIRITUAL LIVING 1 0 RWERS(DE PACOVET CLUR ROA.D TOPOGRAPHIC SURVEY !j LS 1 -,,PAS PREPARED /' T . .Mobile I Stick Together' Oi ExSrnG,�ra..s✓NnG fl'F ul• .251 EmauK•l E'e. O6irvG.r 0 •T221C (111 of T--E PoxYR/T¢N L'inRFcrnH+ -PROJECT iKFDF1,71APO., _ O n: [BtE U4.vCnE/ [V—E aoR0,.cr� C 3f I_24205L -- _� O Ire �-_ 1—i-YCHLE 5'-0'R]E—TT WE—' SF'R.I J LI'vIIJG O CEO i aT SnE rWia�wrvrP-ruac uE�sErt�' 21P.ALM 5 RIYa-r CA 96 ROAZ- 62 kwERSIDE COI.N-Y tZ�NERI+[L kV 1:EJ IIrCURR N U Ar V E C'E — t rz•[ _ _ ORTH=1cE OF wE s x=..EE;.0.11 r GSUED FOR: -E4-4--T. t):ROSEC_.t'i u[nr EO.�.n,P. a .Ox. LCr zr LOT 22 _ zz _OT 2a ti_ v- 70N11IG SUBVIT n"L J .,. -RN=-Ar Rla-I N PROP/'OSEDT ; f,, PN x' I PR -MI'S,RCi E➢ P.A'SE: . I 2Jvl�t PflsEx' u[- AREA , ,_, ; C SSIEa FOR REVSE.t uG5 — � SEE Y, sR -tag ,• zGn»C iH� I � �� E�/Cer.0 C.4 �DRA- BY.CHK.: AFV.: /' y A1G5 ARFS D- Y: — —— R 6 S'Ta LE a OFOSEC'PF9.iEG SaJ(FSEFE o t LOT I? R ,I �� KDC �',—'T - - - _ xam sn�rar mErtE ma•P.0 - sqj'-5't V C t.C£?ROPOSEC[IPSL•.E SC IAL E i 17 n I I•aDoERn LwE nE451'N_M'.s'-xa,_}___L-- --__- -- -_ -- ; S'. 3L I H-=ET RACQUET CLUB ROAD -}-- - - --- - - --- --- - - --- - - -- C'vEF4LL SITE PLAN f I I: rSHEEf N..N9ER- RE':-SIC N.— C OVERALL SITE PLAN c 210 40' .� c [A:.1 3 C' CD 209052 — — F�E�IEi3�1(3TES -Mobile s! Stick Together' O1 fx!Srn[ELu_r !n�T-1Euz1;1x,C1., C`O EY Sr.vL Nu[5•.!n.iC ff 4ENU.t:f,•TCirl I -vs .wir<4! l 3 •! �C I [[S,vG c_rv. iPB m 9E REY4.Fil a E.CwS::rG+➢5�- o .:,!... :�� : ,. S,R R n._G E�42D5c / Tr � SPIK TUP LI I'.� j [ O u -nG Es v a R2r.�Tfo 2130 P.t- RP C-.c O -C R P"AD - / REa�rvEc r-mH M SPPI-- Ecsrnr Jute I. --�E?-I- 011.'JTY IXS tic r P rCC,ar(sT r "D CDR- a-EA- ES;RI�PiIDP:: . r r - ; � !,�\ ;Is.zxo,•.I`z iownc pEVI�E] _ i. I ' ^ is_la:sNav:r-u s i {+ ::InC 'I'I 1 Y' / G' : IS IFI O p <' ®ull {{ ERR I . KBC AAcHrTEM ENGINEERSS, "r I I Y 'I ��% ' w•Itp3WiH 51REE5W sWEE I raz es.ru.aew II 0 , r , 'I �5:'EET il'LE:' EXISTING ENLARGED SITE PLAN i EXISTING ENLARGED SITE PLAN 2' =; I RT 3 c 5' k 7 2 g052 ANTEi-A/Can%S EDULE ••,• •••^•V •y,. u ERNA u@ER P F 5S G ° � ,T . .Mobile SECiM Al1ENlH C!N>ERR ANTENNAS MCCFL nVu@W LOni RVHs lU,GTN O E%ISr , RRpN' [f1] ♦}'_p 1 i4'ei%-551E-R1u B NEW ',B" .5-0 L c1 o i lTTPI •3 12G' ExIc1:NC yETl:l1 C.N.. lr"�*' Stich Together` 1 - - 8 YEw ],R- - Oj ExISTRG LaNC51PINL iG 69xen i,'1TI[Hl �y RELCG,Eo PARING SERrvES 315E E-GL'YSn RN:.,SVi'E 2[O cnTu c. 91,6 ELSIIN+:uR91 / � A / � O E%5"IN:`Gr Llr[Exwil(YPCPLi 'L =OR?.IF.:IOI�—I NG L< :E24205E t ws HG'All-LET EIR-1._GLR-ER r-,,,S:lRtTUA'— LIVING i PAG.—T-SEE—1-1 s 11K - _ — — O 21PA E ftR oGS. C 9 FUA^ - PR@PCSEp t-LC9,IE PNIEL M'rENNAS(6 iG'AL 3 PER SECOR] P.EEA� SPRINGS. G- 26_� 1Oi PRM' D CT--PEPUCEWENi CURE) RIVERS']-CVIK-Ty {RELOUTE TnS G P MW 51R PES a REa REc; FRE`•T:'S A r 1Q PW'�POSFl1 i-u➢@L£-PCMER/-C.ROUTE .i FF/ t�Esw io s�E£i%/A t roc C_WUA Iw !n / n y �I�6I 2� Q PR@PGse*—E s'-o'noE umm uswEr^ Q` > I O woPoSE'J'-NYi�.E•.]'-s'.tx'-6'VASE ueFA 55I I rOR: O PRGP p u�Rl�­Q SG. PE1IRG�:,R'CUR LTwN �FEV. 70NNG S.JE.VITT, _ }6' tO6 P(^P"SEC T-upplLE S-p"WAE GPAIIE SCLPEVRE A'fE56 @O]R I c PR�VPSEO i-NO@L£n-cRwn0.VP-EACII.0 uGH�Fl (]i@fAL) 'ICS`R.EZ FOR \ O tYi5R05E0 i-NO@lE. 0 p:C[GNC.RCCES x, n -•`W :51 "SSTfp FEk°.11 •1 i�J�r- '� / / WNRWAY `}_ LJ R xG�EAEN N V /////// .GENERAL NOT,ES � nc s @N U c o ' ^ .GE° E . 6V+p E fG.FSE., w.5 II, PP PF-E'Nt2V� P U Ry�LE4EniRS L u lin cE5[i` CL Pf ' 9 6_0 V 0. �IIU III✓ aRE. 2Y 4K.: 13 J I, <I '—' t' L I 0 1 S I[ L �\ < , A, WN r I KDt I —— IG ARCFIifEOS.ENGIHEERS,�E. I � —— 6REN6TRFfTSW aRExoo j '3i -5•,EASE.+F.EA ° EGSO ROB s r Ir NSLIRr. I U <' =I i` i rSH_Ei TILE: I ; q- PROPOSED ENLARGED 517E FLAN e PROPOSED ENLARGED SITE PLAN c• a s' I REZR .�: ,R,I -InN . Awlf z r� 1 2C9CCK i T . .Mobile•- O EY_i3Y i.W[5JPnG� _lWN(TP.�i ••� ORRDR M T_YD U EM56tE SOOIP:u JE - Stick TWe#her. 3 PRDRE6E➢i-YD&IE PallEL 1111EMIL.S d?OT.1.1 RER SEt�ORr ORRDRDSED I—LE ELII—4IXIHiEl,WRH+r SCV'.PIi1RF III E.—1 RCN.SIME 2M OVROP.^;gp T-RIC6H£CEN%0.CRrtE 1prHN SCLTPNRE 9NfARiD,G 9`]6+ fi PRCP09E°T-M E]' .-0 1ROE C.➢SLEE—E.DOOR - Q FRO.: T IYFflR AT H� rT- 30L[efti!IN BRLNLRLON[ 3E24205E Q oRDrosm i-E,cecE RERILEYEIf cuRe SP"R!:U.AL L''v IN'�- O IX6l`C C C.LIFR RzCGUGT CLUB ROAD f�`.e.a?ORD:�i-:^9iLE'3P5 sOUL ORr h T. PRO'+OSEO i-Mo9RE LAPS LE S:uE�uRE 1�0 EMOPostD 6tRRx i[In:TEl E—vHwl4 io aE Dr. PALM SPRINGS.CA 9 2i2 V •_ cR m swE a scw Rm x ivlf:nruu+¢s Rh'ERS'AE VDU NTY (io ee scanua,[o er cEHIEa] —CjRP,.NT SS1JF QATc-__ nr.T z nnn r:. nnpp/rn G L'V 'J V,20 I V OE RRcr�'sY--ucR.E.wT_?w� y III=1 h 4 x RRcvc i-uORiIF nrREksu `1 !I r '3_5 - N N 1 SSU=Q FQR- uL]II14u {uEs + REV_ ZONING SUB'R<TT,�,L ! �R V.:=QATE=====CRI PTI Y,' fI� - '� S �I :D2/2C�° 90R ZLf11W RENEW • I {f'1 �� l' ,�. ' g�uEe FnR Rers° _ fi L]� $LNI�?ENEw z5°ED9e 111E€a­wm .>Ms ICI. a III III _ i 4-i ARIA EJC - - - - PL N3 PREPARE Y: KDC RD.IXREMING€NEEDS.P.C. Ll yf} �� I� _ r f:cL IC rwri - S�E`T TITLE: /1,SOUTH ELEVATION o 2' EAST ELEVATION o 2 SC 1TH & EA..ST _ C-N, i 4 Am i PQ3 • ERICSSON r r� c c r� S � �'J r V JJ � C C SUPERIOR SITE DESIGN, FOR FASTER MOBILE BROADBAND ROLLOUT CRICJSON l�.".APSULC SITE: - WHAT IS IT? > A piece of art intended for prime display > An all-in-one radio base station site N _s c�. 0 Ericsson AB 2010 Ericsson Commercial in Confidence 28 RB52111,6000+Capsule,Stealth,Mar 2010 2010-03-08 THE: SUP 'FRIOR Drr-- SIGN > Prime display and branding Olh > Customized with colors and lighting 0110 Io lid `TV -12 n r « ! I I x u I it i i y§g kv 0 Ericsson AB 2010 Ericsson Commercial in Confidence 29 RBS2111,6000+Capsule,Stealth,Mar 2010 2010-03-08 ALL - IN - ONr- r r > Encapsulated and pre-assembled - no climbing personell during installation > Footprint < 50% of standard site - Faster and easier site placement and lower rental costs > Up to 50 % faster installation than standard site > HEX cooler door: Acoustic Noise 57 — 63 dBA > Dimensions: 14m or 20 m tall, 2x2x2m triangle base > Wind speed : 45 m/s (max 80 m/s) RBS6201 w BBU6201 .r • 0&&son AB 2010 Ericsson Commercial in Confidence 30 RBS2111,6000+Capsule,Stealth,Mar 2010 2010-03-08 ,f.-"*,*APSU LC SITE: SUMMARY Mobile broadband coverage now! - Fast complement to inbuilding solutions > Branding opportunities with colors and lighting Integrated touchscreen and scrolling advertising panel - Info central, wall-newspaper, time-table, promotions... ,p i - r. I lift. .L. Wi 0 Ericsson AB 2010 Ericsson Commercial in Confidence 31 RBS2111,6000+Capsule,Stealth,Mar 2010 2010-03-08 Zoning RF Map Summary E24205E T —Mobile stidc TF er Confidential and Proprietary Information of T-Mobile USA 1 r. 1 �7T ii/ l l Las. • L PJ r -�[�1R�R1�7. �ram�■ i � � -. N ' / f i • • • • • f i i i Y`. i f � � r --- -_-_ - ---- . 21 ■ AI -400 �I ■ 101 :1111A��� � I f mug, 11 LFL�� ■�i� i �F`�l'� . • t - , ��IEy .�/�,� ice,, • O! WIN . , _- •� .0104M �, 4;I. � l� Illfl�� ■ E3IEII � � • i a - I 7� r I jr s -; p ill I 7 IY # # # # �CILSI Coverage Improvement Comparison Table Overall Coverage Improvement comparison { Coverage Gap 1.35 isq miles % Improvement on Coverage Gap Improvement from Area (sq miles) the Coverage Gap (Overall) *Losing approximately 20% of coverage improvement if the height is reduced by$' N NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS APPEAL OF CASE NO. 5.1246 CONDITIONAL USE PERMIT & 6.523 VARIANCE T-MOBILE WEST CORPORATION 2100 EAST RACQUET CLUB 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 Wednesday, December 1, 2010. 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 appeal of the Planning Commission's September 8, 2010, denial of a Conditional Use Permit and Variance application for the construction and operation of a forty-seven and one-half foot tall commercial communication antenna contained within a sculptural monopole. The application included a Variance application to exceed the maximum antenna height permitted from thirty-nine feet to forty-seven and a one-half feet for the property located at 2100 Racquet Club Road, Zoned PD 160. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15332 (Class 32 — In-Fill Development Projects) 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, Planning Services Department at (760) 323-8245. Si necesita ayuda con esta carta, porfavor (lame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. mes Thompson, City Clerk �.i cer 04 9ALM SA,P N 4 N Department of Planning Services `" �.... •C'�4,FORN�'• Vicinity Map S d.. .......... _ ._.... _..—...�.. .... I , ! POWELL RD ....... o cti 1....... l ........ ......... tXy tfS . i _. RD i , ....... i ........ _.__.._ ..................... ......... .. I......... . ........ ........ i. ...... ..,.. _.... _.. _ ---- DE LAGO RD .......... F i � I ... . ... L... .........._..,.... RACQUET CLUB RD ...... , ....... ....... .... f o W ......I....... , _ ._ _.._. ROCHELLE RD .... Legend _ 400ftBufter j ! ( r' ® Site ..r i Parcels 3 ............ � I 3 i CITY OF PALM SPRINGS CASE: 5.1246 CUP & 6.523 VAR DESCRIPTION: To consider an appeal of the Planning Commission's September 8, 2010, denial of a APPLICANT: T-Mobile West Corp. Conditional Use Permit and Variance application for the construction and operation of a forty-seven and one-half foot tall commercial communication antenna contained within a sculptural monopole located at 2100 East Racquet Club Road, Zone PD 160, Section 1. 54 w�Pw PM w r September 29, zolo Mr.James Thompson City Clerk City of Palm Springs 320o E.Tahquitz Canyon Way Palm Springs, CA 92262 KDC RE: Request for Appeal of Planning Commission ARCHITKTS.ENGINEERS,P.C. Action(Case No.5.1246 CUP and 6.523 VAR)Y- Seattle Office Proposed T-Mobile Commercial Communication 4720 200"St,SW, Antenna Structure,210o E. Racquet Club Road Suite 200 Lynnwood,WA Dear Mr.Thompson: 98036 425-670-8651 Fax 425-712-0846 KDC Architects, Engineers, P.C.,on behalf of T-Mobile West Corporation,respectfully requests an appeal to the Denver City Council of the City of Palm Springs of Planning Corporate/Main Commission actions on September 8, 2010 pertaining to Office 7442 S.Tucson Way, Case No. 5.1246 CUP and 6.523 VAR.This appeal is Suite 180, submitted in accordance with Section 2.05.040 of the Englewood,Colorado Palm Springs Municipal Code for the City Council's review, 80112 consideration and action.As required, please find a check 303-750-6999 Fax 303-750-0236 attached to cover the cost of the appeal filing fees. Corona Office At this public hearing,the Planning Commission did not 411 Jenks Circle make the required findings and denied the application for Suite 101 Corona,CA 92880 the proposed project.We hereby request an appeal of this 951-273-9237 action,and for the City Council to overturn the Planning Fax 951-273-1816 Commission's denial and to approve the requested Santa Rosa Office Conditional Use Permit and Variance. 1220 N Dutton Ave Suite 107 Thank you for your time and consideration in the Santa Rosa, CA 95401 processing of this appeal request. Please contact me at 707-541-2344 P g PP q Fax 707-541-2301 949-295-9031 to discuss and coordinate the scheduling of KDC Asia Ltd. this appeal before the City Council. 472 Expand Building Level 5 Res ctfully su itte Rajchadapisek Road,Samsen Noak, Huaykwang, Bangkok 10320 � s . R es +66(0)2938 9083 n behalf of KDC Archit s, Engineers, PC Fax+fifi(0)2938 9087 Authorized Agent for T-Mobile per - Cc(-� C s « --�,CA�Nte �,ATE cc.-r���=, `it `�'(c�► �_ %'���.�,— C7TY OF F�LM SPRIN8S R�CVD BYx CR 01000037741 PAYDR: KDC ARC9I7EC?S ENG TODAY`S DATE: O9/3O/1D . RE�IgTER �ATE: 09/3O/�� 7IME: 1O�54 DEGCRIPTlDN AMOUNT DTHER CHARGES SVCS $546'0O CUST ID: APPE�L FILE ---------------- TDTAL INE: $546.00 _ . CHECK PAID: $546.D0 CHECK NO: 59'�5 TENDERED: $546.00 ^nAN6Ex $.00 � ~ Kathie Hart From: David Newell Sent: October 11, 2010 8:16 AM To: Jay Thompson; Kathie Hart Subject: FW: T-Mobile Site at 2100 E. Racquet Club Road, Palm Springs- Planning Case 5.1246 CUP & 6.523 VAR Jay/ Kathie, r-Mobile has waived the 45-day appeal review requirement. Please see the email below. David A. Newell '\ssociatc Planticr ".;.its- of.balm.Spx.Ing's 5200 E.` anduitz Canyon.W;i.Y :1.0.:13ox 2743 '<�isax 1y.G.irtl s,(.;.A 92263..2 7,1.3 :)ffi(:t: (760) 323-8245 Fax: (760).:32' 8360 From: Paul, Linda (Ontario CA) [mailto:Linda.Paul6@T-Mobile.com] Sent: Friday, October 08, 2010 10:12 AM ro: David Newell; Jim Rogers Subject: RE: T-Mobile Site at 2100 E. Racquet Club Road, Palm Springs - Planning Case 5.1246 CUP &6.523 VAR -Ii David, r-Mobile is willing to waive the 45-day requirement. Please schedule us for the council hearing on November 17 if )ossible. If you need a more formal letter from me, let me know. 3est regards, _inda Paul Linda Paul honing and Government Relations Manager T-Mobile West Corporation nland Empire ;257 E.Guasti Rd., Suite 200 )ntario,CA 91761 )ffice 909-975-3698 vlobile 909-292-5095 ?ax 909-975-3637 inda.paul6@t-mobile.com the information provided in this email is proprietary and confidential. -rom: David Newell [ma ilto:David.Newel l@palmsprings-ca.gov] lent: Thursday, October 07, 2010 6:08 PM ro: Jim Rogers X: Paul, Linda (Ontario CA) subject: T-Mobile Site at 2100 E. Racquet Club Road, Palm Springs - Planning Case 5.1246 CUP &6.523 VAR 1ni11i1n James, The City received your appeal and we are required to schedule your appeal for Council review within 45 days of the appeal date. Unless you waive 45-day requirement, the appeal would be scheduled for November 3, 2010. The next possible Council meeting date is November 17, 2010, Would you like the project to be reviewed on November 3, or would you like the 45-day requirement waived at this time so that the project can be reviewed by the Council :)n November 17, 2010? Please advise. Thank you, David A. Newell l�ssoci te Planner, f: ity cA t''111n `pri:11.9s 3200 F-I'.aliquitz C.:atxc-on Way Box `43 l'ahn Spri.ags, 92263..2 43 f icc:: (;6(.)' 323...s'45 Fax: (''60) 322-8360 Oft 7AtiMSp� ' City of Palma Springs Department of Planning Services * MCp4p�RAYp 9qe 3200 E.'ahqquitz Canyon Way • Palm Springs,California 92262 Tel:(760)323-8245 • Fax:(760)322-8360 • Web:wwwpalmspringsca.gov 94IFO9 September 16, 2010 Ms. Linda Paul Zoning &Governmental Manager T-Mobile West Corporation 3257 East Guasti Road, Suite 200 Ontario, California 91761 RE: Case No..5.1246 CUP &6.523 VAR-.Commercial Communication Antenna Structure at 2100 East Racquet Club Road Ms. Paul, On September 8, 2010 the Planning Commission held a public hearing for Case Nos. 5.1246 CUP & 6.523 VAR. The Planning Commission evaluated all the evidence presented including but not limited to the staff report, and all written and oral testimony provided. The Planning Commission was unable to make the required findings for -the project and DENIED the applications. The Planning Commission's,minutes will be forthcoming once adopted by the Commission. In accordance with section 2.05.040 of the Palm Springs Municipal Code, you may appeal the decision of the Planning Commission to the City Council within fifteen days of the date of Commission's action. The appeal request must be in writing and presented to the. Clty Clerk with a fee of$546.00 by 6:00 PM Monday, October 4, 2010. If you have any questions about . this letter, please contact me at(760) 323-8245. Sincerely, David A. Newell Associate Planner cc: Mr. James Rogers �Case'''t*fle 6 ity`'C1erk Post Office Box 2743 • Palm Springs, California 92263-2743 2.05.040 Time of filing. The notice required by Section 2.05.030 shall be filed no later than ten days following the date of mailing to appellant of notice of the action from which the appeal is to cen or, if there is no sucE-m--ai-ri-n-g-a-n-cr-or--n-o-nUTrfFequired, no later than fifteen days following the date of the action which is the subject of the appeal. The city clerk shall furnish a copy of the appeal to the respondent within five days after filing. (Ord. 1226 § 1 (part), 1984) 2.05.050 Time of hearing—Notice. (a) The city clerk, upon receipt of the notice of appeal, shall set a time and place for the hearing of such appeal by the council. The appeal shall be heard no more than forty-five days following the filing of the notice of appeal unless the parties waive such time limits. (b) Notice of the time and place of the hearing shall be mailed or otherwise delivered by the city clerk to the appellant, respondent and all other persons, if any, to whom notice of the initial application or action was required, not less than ten days prior to hearing. If publication of the initial application or action being appealed was required, the notice of appeal shall be published in like manner. (Ord. 1233 § 1, 1985: Ord. 1226 § 1 (part), 1984) Kathie Hart From: David Newell Sent: November 02, 2010 5:58 PM To: Jay Thompson; Kathie Hart Cc: Craig Ewing; Edward Robertson Subject: FW: IE24205E Center for Spiritual Living - Request for Extended CC Hearing Date Jay & Kathie, The applicant/appellant for the T-Mobile wireless facility (Planning Case 5.1246 CUP &6.523 VAR) has requested that their project be rescheduled for review at a later date. Please see their email below, and let me know the next possible date. Thanks, David From: Paul, Linda (Ontario CA) [mailto:Linda,Paul6@T-Mobile.com] Sent: Tuesday, November 02, 2010 4:56 PM To: David Newell Cc: Richard Laird; Les Cooley; Gonzales, Jarryd; Jim Rogers Subject: RE: IE24205E Center for Spiritual Living - Request for Extended CC Hearing Date Hi David, Please reschedule our City Council appeal hearing for December 1 if possible. If the agenda for that day is full, then the 15th will be OK. Thanks for your help, Linda Linda Paul Zoning and Government Relations Manager :T-Mobile West.Corporation Inland Empire 3257 E. Guasti Rd., Suite 200 Dntario,CA 91761 Office 909-975-3698 Mobile 909-292-5095 Fax 909-975-3637 Indapaul6@t-mobile.com The information provided in this email is proprietary and confidential. From: Jim Rogers [mailto:jim.ropers@jamesrogersconsulting.com] Sent: Tuesday, November 02, 2010 4:52 PM ro: Paul, Linda (Ontario CA) Cc: Richard Laird; Les Cooley; Gonzales, Jarryd Subject: IE24205E Center for Spiritual Living - Request for Extended CC Hearing Date _inda, Per our earlier discussion today, I spoke with David Newell, Palm Springs Planning Dept. about extending the City Council hearing date beyond the planned November 17th. David is okay with extending the City Council hearing to a later date. The two dates available in December are the 1st and 15th. He requested that you (since your okayed the original 45 day waiver) send him an email today or tomorrow formally asking for the hearing to be re-scheduled for which ever date you prefer, 12/1 or 12/15. Regards, Jim Rogers JAMES ROGERS CONSULTING 31097 Via Sonora San Juan Capistrano, CA 92675 Office : 949.388.3973 Mobile : 949.295.9031 Fax : 949.388.3973 E-mail ; J.im_,_Rogers@jamesrogerscons_ulting.com. www_.jamesrogersco_nsu_Iti ng.com 11/03/10 QpLM S A. Cityf PalmSprings o Department of Planning Services * 'roC�kPokATONAA� * 3200 E.Tahquirz Canyon Way • Palm Springs, California 92262 C' �P Tel: (760).323-8245 • Fax: (760) 322-8360 • Web: www.palmspringsca.gov q<r�oRN September 16, 2010 Ms. Linda Paul Zoning & Governmental Manager T-Mobile West Corporation 3257 East Guasti Road, Suite 200 Ontario, California 91761 RE: Case No. 5.1246 CUP & 6.523 VAR-- Commercial Communication Antenna Structure at 2100 East Racquet Club Road Ms. Paul, On September 8, 2010 the Planning Commission held a public hearing for Case Nos. 5.1246 CUP & 6.523 VAR. The Planning Commission evaluated all the evidence presented including but not limited to the staff report, and all written and oral testimony provided. The Planning Commission was unable to make the required findings for the project and DENIED the applications. The Planning Commission's minutes will be forthcoming once adopted by the Commission. In accordance with section 2.05.040 of the Palm Springs Municipal Code, you may appeal the decision of the Planning Commission to the City Council within fifteen days of the date of Commission's action. The appeal request must be in writing and presented to the City Clerk with a fee of $546.00 by 6:00 PM Monday, October 4, 2010. If you have any questions about this letter, please contact me at(760) 323-8245. Sincerely, lelp David A. Newell Associate Planner cc: Mr. James Rogers Case File City Clerk Post Office Box 2743 0 Palm Springs, California 92263-2743 3 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION a F . q<i10 APF City Council Meeting Date: December 1, 2010 Subject: T-Mobile Appeal - 2100 East Racquet Club 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 November 20, 2010. 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 on November 18, 2010. I declare under penalty of perjury that the foregoing is true and correct. 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 November 18, 2010, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (86 notices) I declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk 64 The Desert Sun Certificate of Publication 750 N Gene Autry Trail Palm Springs,CA 92262 760-7784578/Fax 760-778-4731 State Of California ss: County of Riverside Advertiser: s CITY OF PALM SPRINGS/LEGALS tf' PO BOX 2743 2, j PALM SPRINGS CA 92263231V b bold, 2CUaWprB� §taw a tfldC�}undt 2000234913 'Tha M ,.ioe=b Is10 aoneMe[an tlbn�'a ' 00eht4eA.: a a, I am over the age of 18 years old, a citizen of the United > '- m' States and not a party to, or have interest in this matter. I to- hereby certify that the attached advertisement appeared d 'ZO • in said newspaper (set in type not smaller than non pariel) in each and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit �- Newspaper .The Desert Sun 11/20/2010 �rmegr U r. f , I acknowledge that I am a principal clerk of the printer of The Desert Sun, printed and published weekly in the City of Palm Springs, County of Riverside, State of California. f r#eF�q P�lraWeM ta.,S4etloa 15ta2 The Desert Sun was adjudicated a newspaper of general 82-IrtFIY qym circulation on March 24, 1988 by the Superior Court of the ' x County of Riverside, State of California Case No. �- aAON' i 191236. rml�ew.�4SY Hal � raroE.$ s1a toYT,Oepa:rn. " to declare under penalty of perjury that the foregoing is truest laar feY'I@a' dmCaa OM; and correct. Executed on this 20th day of November, 2010 TX� e�oapa,�q +rorbmyet$pia in Palm Springs,California. it T (Jak j alnspHnOe,.Cn Way My �C to POWWOW 11 tow ° tea tifted Declarant ^— - e0, to nag d w4h� e s C 40ft Clerk aodew - , Cie brch@edrrg.(poreneterM _ _ R. N _ M7A �l5lreard reper Said heaft for�G n��r i be,'plrec�d io.Dac9d lt.F"a Da�bneat&(78p)925-824&- 1a' 1• V SI Ireeeeke aqe ,pgrJ(lvpr tame a -> Iaea ,ve` mbreaaae Jam"1 . Th„, O'Phychilrk p NEIGHBORHOOD COALITION REPS MR PETE MORUZZI Case 5.1246 CUP 16.523 VAR MODCOM AND PALM SPRINGS MODERN COMMITTEE T-Mobile West Corporation HISTORIC SITE REP PHN for CC Meeting 12.01.10 P.O. BOX 4738 PALM SPRINGS, CA 92263-4738 CITY OF PALM SPRINGS CASE 5,1246 CUP PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS ERIFICATION NOTICE-D-C,--0 ATTN SECRETARY-5.1224 ZTA 506 W. SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92263-2743 MS MARGARET PARK GUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA IDIANS-o-)-o-o--o-o INDIANS 5401 DINAH SHORE DRIVE PALM SPRINGS, CA 92264 MS LINDA PAUL MR JAMES A. ROGERS PONSORS T-MOBIL E WEST CORPORATION PROJECT MANAGER 3257 E.GUASTI ROAD, SUITE 200 3257 E.GUASTI ROAD, SUITE 200 ONTARIO, CA 91761 ONTARIO, CA 91761 MR RICHARD LAIRD REV. DR. MICHAEL KEARNEY KDC ARCHITECTS, ENGINEERS PC CENTER FOR SPIRITUAL LIVING 411 JENKS CIRCLE, SUITE 101 2100 E. RACQUET CLUB ROAD CORONA, CA 92880 PALM SPRINGS,CA 92262 � i APN: 501-231-007 2. APN:501-231-008 3. APN:501-231-009 IZABETH A RUHLE BRENDA LEE RODRIGUEZ JUDITH E&BARRY L WICKLUND 55 N CERRITOS RD 2627 N CERRITOS RD 2601 N CERRITOS RD ,LM SPRINGS CA 92262-2532 PALM SPRINGS CA 92262-2532 PALM SPRINGS CA 92262-2532 APN:501-231-010 5. APN: 501-231-011 6. APN: 501-231-012 TER R SCHE,NCK TERRY&DIANNA GIBBONS PEDRO&JAZMIN RAMIREZ, 040 CAREFREE DR 2626 N CYPRESS RD 2694 N CYPRESS RD DIO CA 92201-8489 PALM SPRINGS CA 92262-2541 PALM SPRINGS CA 92262-2541 APN:501-232-008 8. APN: 501-232-009 9. APN: 501-234-002 NN LINDA DEW INOCENCTO&LOLTTA L GARCIA FEDERAL NATL MTG ASSN FNMA ;25 N CYPRESS RD 2605 N CYPRESS RD 10920 WILSHIRE BLVD kLM SPRINGS CA 92262-2542 PALM SPRINGS CA 92262-2542 LOS ANGELES CA 90024 ). APN: 501-234-003 IL APN:501-234-007 12. APN:501-234-008 AVID&CHRISTINE PASSALACQUA DEON C FOX 13ERNARD&MARY BE'TH PALADINO 3745 CRUISE CIRCLE DR 2020 E RACQUET CLUB RD 3740 MOSS RIDGE CT ANYON LAKE CA 92587-7731 PALM SPRINGS CA 92262-2621 LAS VEGAS NV 89147-6811 3. APN: 501-234-010 14. APN: 501-234-011 15. APN:501-234-012 R&MADELEINE L SHIRLEY LORENE I IUTCI IINS A MICHAEL RIMM R. 501 E 29T"AVE 160 SHERRI LN 2525 N CERRITOS RD 1FNVER CO 80238 OCEANSIDE CA 92054-5327 PALM SPRINGS CA 92262 6. APN: 501-263-018 17. APN: 501-263-019 18. APN:501-263-020 )AVID G SIIELEP DAVID&TRISHA MAOZ SCOTT M NORTON :222 E WAYNE RD 4125 INGLEWOOD BLVD#7 300 MONTEREY BLVD#102 'ALM SPRINGS CA 92262-2570 LOS ANGELES CA 90066-5270 SAN FRANCISCO CA 94131-3153 19. APN: 501-263-021 20. APN: 501-263-022 21. APN: 501-271-001 v1ERCEDEII M&ESFANDIAR NASR NORBERT ANDREW LEI IMAN FRANCISCO J&MARIA S JIMENEZ 1151 E VIA COLUSA 2100 E WAYNE RD 2111 E WAYNE RD :'ALM SPRINGS CA 92262-6123 PALM SPRINGS CA 92262-2570 PALM SPRINGS CA 92262-2569 22. APN: 501-271-002 23. APN: 501-271-003 24. APN:501-271-004 1'ODD HAUSER SNIDER ANGELITA S CONCEPCION JOHN P&JANET COLOCCIA 2125 E WAYNE RD 2133 F:WAYNE RD 2195 E WAYNE RD PALM SPRINGS CA 92262-2569 PALM SPRINGS CA 92262-2569 PALM SPRINGS CA 92262-2569 25. APN: 501-271-005 26. APN: 501-271-006 27. APN:501-271-007 DWAYNE LEE BROWN DAVID P MADLAND RACI IEL T&KENNETH D SIEVERS 2237 E WAYNE RD 2307 F'.WAYNE RD 1109 EADINGTON AVE, PALM SPRINGS CA 92262-2569 PALM SPRINGS CA 92262-2571 FULLERTON CA 92833-3903 28. APN: 501-271-008 29. APN:501-271-015 30. APN:501-271-016 RAMIEN M SHALIZI SCOTT A KOI INERT JOYCE A DESFOSSES 3607 E CAMINO ROJOS 2384 F DEL LAGO RD 2330 E DEL LAGO RD PALM SPRINGS CA 92262-5421 PALM SPRINGS CA 92262-2516 PALM SPRINGS CA 92262-2516 APN:501-271-017 32. APN:501-271-018 33. APN: 501-271-019 VIER&MARIANNE REYES MICHAEL J&SUSAN M HEIDENREICH THOMAS A HUFF 35 S CHARLOTTE AVE 2292 E DEL LAGO RD 2222 F.DEL LAGO RD ,N GABRIEL CA 91776 PALM SPRINGS CA 92262-2512 PALM SPRINGS CA 92262-2512 APN: 501-271-020 35. APN: 501-271-021 36. APN:501-271-022 ICHAEL BUCK NEAL FAMILY TRUST JUAN&PATRICIA GRACIANO 5 PLACERADO AVE 2120 E DEL LAGO RD 2108 E DEL,LAGO RD JBURN CA 95603-5320 PALM SPRINGS CA 92262-2512 PALM SPRINGS CA 92262-2512 APN: 501-272-001 38, APN: 501-272-002 39. APN:501-272-003 ICHAEL&TI IF.RHSA GONSKA GAIL,GF;NF,GADDY PETER DEMOPOULOS 05 E DEL LAGO RD 2121 E DEL LAGO RD 1431 LORENA WAY LLM SPRINGS CA 92262-2512 PALM SPRINGS CA 92262-2511 PALM SPRINGS CA 92262-3405 APN: 501-272-004 41. APN: 501-272-005 42. APN:501-272-006 ICHAEL A TUCCI BRIAN L MARION DEAN R ESTRADA 13 E DEL LAGO RD 2265 E DEL LAGO RD 301 W 64TH ST LLM SPRINGS CA 92262-2511 PALM SPRINGS CA 92262-2511 INGLEWOOD CA 90302-1127 APN: 501-272-007 44. APN:501-272-008 45. APN:501-272-009 1RY B&K I M D GLLAND SCOTT&KARIN MELVARD GABRIEL IRA&CLARICE HANNA LUBEL 27 E DEL LAGO RD 2413 E DEL LAGO RD PO BOX 1388 tLM SPRINGS CA 92262-2515 PALM SPRINGS CA 92262-2515 PALM SPRINGS CA 92263-1388 APN:501-272-016 47. APN:501-272-018 48. APN: 501-272-025 IOMAS P&MARY M MULIIALL VIRGINIA A TYLER ClTURCH OF RELIGIOUS SCIENCE OF 817 KERSTEN RD 2280 E RACQUET CLUB RD 2100 E RACQUET CLUB RD kNCIIO MIRAGE CA 92270-3626 PALM SPRINGS CA 92262-2625 PALM SPRINGS CA 92262-2625 APN:501-272-026 50, APN: 501-291-005 51. APN: 501-291-006 ARK J&DOROTHY M HASTINGS THOMAS&KATI IY REINHARD ROBERT J&13ARBARA A EVES 00 E RACQUET CLUB RD 2099 E RACQUET CLUB RD 2080 E ROCHELLE RD ELM SPRINGS CA 92262-2629 PALM SPRINGS CA 92262-2620 PALM SPRINGS CA 92262-3432 APN: 501-291-007 53. APN: 501-291-008 54. APN:501-291-013 15 'PI I S&JULIA AN DELIA ANDRE AFFLECK JAMES A DAVIDSON �60 E ROCHELLE RD 836 12TI I CT 8501 E 29T"AVE ULM SPRINGS CA 92262-3432 MANHATTAN BEACH CA 90266-4908 DENVER CO 80238 APN: 501-291-014 56, APN: 501-292-019 58. APN: 501-321-004 1E ANN MCCLAIN KARLA ANDERSON JEFFRE Y L&JACQUELYN K MORGAN 105 E RACQUET,CLUB RD 2395 N CERRITOS DR 2245 E RACQUET CLUB RD ELM SPRINGS CA 92262-2620 PALM SPRINGS CA 92262-3410 PALM SPRINGS CA 92262-2622 I. APN:501-321-005 60, APN: 501-321-006 61. APN: 501-321-007 kTRICK J R0131NSON CIPRIANO&MARGARITA GUTIERREZ EDWARD A&SARA NEAL :52 F:ROCI IELLE RD 2242 E ROCHELLE RD 2222 F ROCHELLE RD kI,M SPRINGS CA 92262-3656 PALM SPRINGS CA 92262-3656 PALM SPRINGS CA 92262-3656 v f !. APN: 501-321-008 63. APN:501-321-009 64. APN:501-321-010 NDA FOCE VICTORIA STARKE JAMES R BASILE !00 E ROCHELLE RD 2140 E ROCHELLE RD 2100 E ROCHELLE RD 4LM SPRINGS CA 92262-3656 PALM SPRINGS CA 92262-3657 PALM SPRINGS CA 92262-3657 >. APN: 501-321-012 66. APN:501-321-013 67. APN: 501-321-014 ARK WILLIAM PARRIS WILLIAM FRANKLIN CLEMENTS HSBC BANK USA NA SARM 2005-18 ,75 E RACQUET CLUB RD 2101 E RACQUET CLUB RD 2127 F,RACQUET CLUB RD kLM SPRINGS CA 92262-2622 PALM SPRINGS CA 92262-2622 PALM SPRINGS CA 92262-2622 APN: 501-323-001 69. APN:501-323-014 70. APN:501-324-018 RADY MCGUIRE LYDIA E RINGWALD J SCOT"T&LORAIN J HEWITT" ;75 N MAGNOLIA RD PO BOX 2364 2380 N CERRITOS DR ALM SPRINGS CA 92262-3653 LACUNA HILLS CA 92654-2364 PALM SPRINGS CA 92262-3412 1. APN:501-324-019 72. APN:501-3 3 1-001 73. APN: 501-331-002 AURIH S LEVINSON GIRDNER JACK&V FAMILY TRUST HOUSING AUTHORITY COUNTY OF RI W MOONSTONE DR 2279 E RACQUET CLUB RD 5555 ARLINGTON AVE [GNAL BILL,CA 90755-5625 PALM SPRINGS CA 92262-2622 RIVERSIDE CA 92504-2506 1. APN: 501-331-014 75. APN: 501-331-015 76. APN:501-333-001 AURA&GREG AUCHTERLONIE ELIAHU SHALOM&HANA ORA EZRAN ROBERT J HUGHES 384 F.ROCHELLE RD 462 S WETHFRLY DR 2390 N MAGNOLIA RD ALM SPRINGS CA 92262-3660 BEVF',RLY HILLS CA 90211-3520 PALM SPRINGS CA 92262-3654 EPRESENTATIVE WES ROGERS CONSULTING GC MAPPING SERVICE INC NP TTN:JIM ROGERS ATTN:GILBERT CASTRO 1097 VIA SONORA 3055 W VALLEY BLVD AN JUAN CAPISTRANO CA 92675 ALHAM13RA CA 91803 Date: November 22, 2010 To: Palm Springs City Council From: Victoria Starke Michael Tucci 2140 E. Rochelle Rd. 2213 E. Del Lago Rd. Palm Springs, CA 92262 Palm Springs, CA 92262 Re: Case No. 5.1246 Conditional Use Permit/6.523 Variance T-Mobile West Corporation 2100 East Racquet Club Road On behalf of the 99'signatories of the attached petitionz,this document serves as our formal opposition to: 1) T-Mobile's request for a 22%(8.5') height variance for their proposed installation of a 47.5' tall commercial communication antenna contained within a sculptural monopole at 2100 East Racquet Club Road. 2) The installation of a 39'tall commercial communication antenna contained within a sculptural monopole at 2100 East Racquet Club Road. In obtaining the attached petitioner signatures, primary focus was given to the residences within the 500' buffer area identified by the Palm Springs Department of Planning Services. The results are: 85 Total residences within 500' buffer area -17 No one home (after repeated visits) - 4 Residences opposed to cell phone tower, but reluctant to sign petition - 6 Residences that didn't want to get involved - 1 Residence that wanted to do their own research S7 Total responding residences within 500' buffer 96%(55 out of 57 responding residences) expressed their opposition to the cell phone tower by signing the attached petition. This represents 71 of the 99 signatory petitioners. 4% (2 out of 57 responding residences) expressed their support for the cell phone tower 12 duplicate signatures have been excluded from the total count of 101. Actual number of unique signatories is 99. z The original of the first 22 signatures was previously submitted to the Palm Springs Planning Commission on September 8,2010. We reserve the right in court to address any other issue or concern regarding this proposed project that is identified via legal,technical, industry or other relevant expert/expertise not previously identified. The most cited reasons for the petitioner's opposition are: 1. A residential area is an inappropriate location for a commercial cell phone tower. This comment/concern was echoed by the City of Palm Springs Planning Commission's unanimous 6-0 vote denying T-Mobile's request. The Planning Commission noted this would be the closest co-located cell phone tower to a residential area in the City of Palm Springs (literally within 75'of several adjacent residences). 2. Reduced property value and marketability. 3. An eyesore. Residents within viewing range of the tower(from all directions and from both sides of Racquet Club Drive don't want to be forever stuck with the sight of this tower from their respective front yards, back yards, and/or side yards (regardless of the cell phone tower's architectural design). 4. Night time light"pollution"from the 4 upward flood lights and the probable accompanying 2.5' aviation light at the top of the cell phone tower. Given Palm Springs' continued dedication and promotion of night time sky and star visibility, and it's aversion to night time lighting pollution,this truly seems ironic. 5. Loss of unobstructed natural views. 6. Electronic interference (e.g. wireless networks,cell phone reception from non-T-Mobile service providers, remote control devices,air wave radio/TV reception,etc. ) 7. Increased susceptibility of►ightning strikes in the adjoining(within 75') residential area. 8. Aviation safety(as residents of this specific area,we have first-hand experience that aborted take-offs and emergency landings occasionally cause planes to fly significantly lower than usual, and, directly over the proposed location of the 47.5' cell phone tower). 9. Health concerns. In addition to the above, 28 other people (mostly from nearby and/or adjacent residences outside the 500' buffer)also expressed their opposition to the cell phone tower by signing the attached petition. Several residents within the affected area have placed "NO CELL TOWER" signs on their property(see attached)to express their opposition to T-Mobile's request. And,two petitioners have included a "before" and "after"view from their back yard (without and with the cell phone tower)to demonstrate the adverse effect the cell phone tower will have on their backyard view. Federal law allows local governments to disapprove a proposed cell phone tower location if the placement adversely impacts the property value of nearby residences,or, if it adversely affects the esthetics of the surrounding area. Therefore,for all the reasons cited above,the 99 signatories of the attached petition respectfully request and urge the Palm Springs City Council to affirm the Palm Springs Planning Commission's unanimous 6-0 decision to den T-Mobile's request to install a cell phone tower at this location. We reserve the right in court to address any other issue or concern regarding this proposed project that is identified via legal,technical, industry or other relevant expert/expertise not previously identified. IS a t` �,t I C'L L --ro w L-of' t o rc A e� ..�M s C7�QaSEm �o LeLL i"-JfrtC� bv-r r_S (vcT4A-r s Ta S\'w! Pt-r er\a w Department of Planning Services W Vicinity Map _ o E = I�10 oAt, Hoftxt CAFTE9- g(-ffA'sad vli,Ts ) �� 1.............. i.._.......__._. I RY 1—., 1 ...........F............ { 1tUELRC I -------------------------- ...... ................. ................ ... ; P ._._......- .......... .._ ....._._.....' . ........................ ............. ..........____ --- I < ............ M .................. I � I _.....- ± -....- .._.......... _..._,_.......UVA I „p ALE i C. }l ......_.................... RACQUET CLUB RE) ..........._._.. - ................. L__... CHELLE RO I E Legend ' site 500'Buffer — ' .. .-. Parcels ......- I { � ..... ... , 3 ! 3 I CITY OF PALM SPRINGS CASE: 5.1246 CUP & 6.523 VAR DESCRIPTION: A request by T-Mobile West Corporation for a Conditional Use Permit and Variance APPLICANT: T-Mobile West Corp. application to construct a forty-seven and one-half foot high monopole at the property located at 2100 East Racquet Club Road, Zone PD 160, Section 1. W Ci s s m � .W e, We reserve the right in court to address any other issue or concern regarding this proposed project that is identified via legal,technical, industry or other relevant expert/expertise not previously identified. aR s �¢a .�� d ���F «�� .&•', ICI ry Y,iti� We reserve the right in court to address any other issue or concern regarding this proposed project that is identified via legal,technical, industry or other relevant expert/expertise not previously identified. Petition on file in THE OFFICE OF THE CITY CLERK