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HomeMy WebLinkAbout22535 - RESOLUTIONS - 6/17/2009 RESOLUTION NO. 22535 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 5.0902-C TO INSTALL A SIXTY FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED AS AN ARTIFICIAL PALM TREE AND VARIANCE 6.516 TO EXCEED MAXIMUM ANTENNA HEIGHT AND REDUCE THE ANTENNA SETBACK REQUIREMENTS FOR THE PROPERTY LOCATED AT 1776 NORTH PALM CANYON DRIVE. WHEREAS, Royal Street Communications California, LLC ("Applicant") has filed an application with the City pursuant to Section 94.02.00 and Section 94.06.00 of the Palm Springs Zoning Code (PSZC) for the installation of a sixty foot high commercial communications antenna designed as an artificial palm tree and a fenced area for equipment cabinets located at 1776 North Palm Canyon Drive, C-1 / R-3 Zone, Section 3; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit 5.0902-C and Variance 6.516 was given in accordance with applicable law; and WHEREAS, on June 10, 2009, a public hearing on the application for Conditional Use Permit 5.0902-C and Variance 6.516 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on June 10, 2009, the Planning Commission recommended approval of Conditional Use Permit 5.0902-C and Variance 6.516 to the City Council; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the application for Conditional Use Permit 5.0902-C and Variance 6.516 was given in accordance with applicable law; and WHEREAS, on July 1, 2009, a public hearing on the application for Conditional Use Permit 5.0902-C and Variance 6.516 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. Resolution No. 22535 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council finds that this Conditional Use Permit is Categorically Exempt from environmental review pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA). SECTION 2. State law requires four (4) findings be made for the granting of a variance. Pursuant to the procedure set forth in Section 94.06.01 of the Zoning Code, the City Council finds as follows: 1) Because of the special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Height: The subject property is surrounded by developments that contain buildings and landscaping that exceed heights of twenty-four feet. The applicant has provided radio frequency maps that display coverage of an antenna at forty- one feet in height and fifty-six feet in height. These maps show that a forty-one foot 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 (Verizon & AT&T), in the vicinity and under identical zone classification. Setback: The property is an oddly shaped through lot with a narrow leg of approximately nineteen feet in width that connects to Indian Canyon Drive. Since the development has two monopalms with similar setbacks and one in a similar location, the strict application of the Zoning Code would deprive the subject carrier of privileges enjoyed by other carriers in the vicinity and under identical zone classification. 2) Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. Two similar antennas have been approved at the height of sixty feet with reduced setbacks on the same property as the said request. Many of the conditions of approval are similar to those required by this applicant. 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. Resolution No. 22535 Page 3 3) The granting of the variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The monopalm will be structurally engineered in accordance with all applicable codes for the proposed height and location. Therefore, the project is unlikely to be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the area. 4) The granting of such variance will not adversely affect the general plan of the city. The proposed project has been analyzed against the policies of the General Plan and no inconsistencies have been found. Pursuant to Section 93.08.03(B) of the PSZC, in cases involving applications for height limit variances, no such variance shall be granted unless the director makes make the following finding in addition to those required above: 5) That in the area involved, transmission or reception is adversely affected by obstructions and, as verified by at least one (1) person holding a valid radio- telephone first-class operator's license issued by the Federal Communications Commission, it is not feasible to achieve and maintain satisfactory communications within the specified height limitations. The applicant provided a study which shows that the height limit of forty-one feet will not provide the coverage necessary to compete with other wireless communication carriers. Diagrams have been provided that show the top of the antenna at a height of forty-one feet compared to sixty feet, and the maximum height of forty-one feet does not appear to achieve and maintain satisfactory coverage within the specified height limitations. SECTION 3. Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the City Zoning Ordinance. Pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Ordinance, a commercial communications antenna is authorized within the R-3 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 flan, and is not detrimental to existing uses or to future uses Resolution No. 22535 Page 4 specifically permitted in the zone in which the proposed use is to be located. The development of adequate cellular phone levels of services serves the ultimate benefit of the community. The antenna will be located on a lot with two other monopalms, which are of a similar environment for the location of wireless communication antenna designed as an artificial palm tree. Many live trees exist in the area, these will help soften the antenna's appearance. 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 height and setback requirements; the proposed location is on an unused portion of the site. This portion will easily accommodate the proposed facility and allow for additional planting and palm trees that will soften the facility's appearance to adjust the said use to those existing and permitted future uses of the land in the neighborhood. 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 proposed use is located close to an on-site parking lot. The only traffic generated from the said use to and from the site will be for servicing, 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 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. NOW, THEREFORE BE IT RESOLVED that the City Council approves Conditional Use Permit Case No. 5.0902-C and Variance Case No. 6.516, Resolution No. 22535 Page 5 subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED THIS 157 DAY OF JULY, 2009. David H. Ready, Cit,��Aa ag'� ATTEST: mes Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22535 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 July 1, 2009, by the following vote: AYES: Councilmember Foat, Councilmember Weigel, and Mayor Pro Tem Mills. NOES: None. ABSENT: Councilmember Hutcheson and Mayor Pougnet. ABSTAIN: None. ,AAes Thompson, City Clerk �7�Zty fZobc Ity of Palm Springs, California J Resolution No. 22535 Page 6 EXHIBIT A CONDITIONAL USE PERMIT 5.0902-C VARIANCE 6.516 ROYAL STREET COMMUNICATIONS CALIFORNIA, LLC. 1776 NORTH PALM CANYON DRIVE JULY 1, 2009 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.0902 CUP-C and Case 6.516 VAR, except as modified by the conditions below. ADM 2. The site shall be developed and maintained in accordance with the approved plans, date stamped June 3, 2009, including site plans, architectural elevations, exterior materials and colors and landscaping on file in the Planning Division except as modified by the approved by conditions below. ADM 3. 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, 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, Resolution No. 22535 Page 7 an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0902 CUP-C and Case 6.516 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. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential l Resolution No. 22535 Page 8 projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 10. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community- wide system and shown on the City's master plan). ADM 11. 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 12. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHC) Local Development Permit Fee (LDMF) required. All projects within the City of Palm Springs are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Resolution No. 22535 Page 9 Exemption. Action on this application shall not be considered final until such fee is paid. PLANNING DEPARTMENT CONDITIONS PLN 1. 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 on the building and in the landscaping shall be submitted to the Planning Department for approval prior to the issuance of building permits. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 3. 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 and Zoning for review and approval prior to installation. PLN 4. Obsolete Technology- If the technology regarding the communications antenna(s) changes in where the antenna(s) and / or equipment cabinets as approved become obsolete, then the antenna shall be removed. PLN 5. 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. PLN 6. Antenna Structure Height. The maximum height of the commercial communications antenna structure shall be sixty feet, as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the antenna including the artificial palm fronds. PLN 7. 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 S. Use Abandonment. If the antenna(s) and/or monopole are ever abandoned or if this Conditional Use Permit ever expires, the monopole and antenna(s) shall be removed within 30 days. PLN 9. Final Landscape Design. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior Resolution No. 22535 Page 10 to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. A minimum of three (3) live palm trees, tiered in height and similar in appearance to the mono- palm, shall be installed at the location within 26 feet of the monopalm. The perimeter fence shall measure 6 feet in height and shall be constructed of decorative metal or other alternative material; the fence / wall that faces Indian Canyon Drive shall be a solid material. Chain- link fencing is prohibited. PLN 10. FAA Compliance. The applicant shall comply with the requirements of the Federal Aviation Administration (FAA). PLN 11. 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 12. 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. END OF CONDITIONS