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Home My WebLink About9/1/2004 - STAFF REPORTS (22) DATE: September 1, 2004 TO: City Council FROM: Director of Planning Services CASE NO. 5.0997 - CUP — AN APPLICATION BY DELTA GROUPS ENGINEERING ON BEHALF OF SPRINT PCS FOR A CONDITIONAL USE PERMIT FOR THE INSTALLATION OF A 55' TALL COMMERCIAL COMMUNICATIONS ANTENNA DESIGNED AS A MONOPALM AND AN EQUIPMENT CABINET WITHIN AN 1,500 SQUARE FOOT LEASE AREA LOCATED AT 2101 SAHARA ROAD, ZONE P, SECTION 01. RECOMMENDATION: That City Council approve Conditional Use Permit 5.0997 for the installation of a commercial communications antenna designed as a 55' tall monopalm and an equipment cabinet within a 1,500 square foot lease area located at 2101 Sahara Road. SUMMARY: The Planning Commission voted 6-1, at its meeting on July 28, 2004, to recommend to the City Council approval of the 55' tall commercial communication antenna designed as a monopalm and an associated equipment cabinet within an 1,500 square foot lease area with the attached Conditions Of Approval. BACKGROUND: Delta Groups Engineering on behalf of Sprint PCS has submitted an application for a Type II Conditional Use Permit to install a commercial communications antenna designed as a 55' tall monopalm and equipment cabinet located on a 1,500 square foot lease area at 2101 Sahara Road. The lease area is located at the northwest corner of Sahara Road and Cerritos Road. Delta Groups Engineering representative is Tim Miller on behalf of Sprint PCS and the landowner representative is Doug Jones. Sprint PCS is currently in the process of expanding their wireless telecommunication services to cover the immediate area as well as the entire Coachella Valley. The proposed site is on a vacant lot with adjacent vacant lots and a church. A mixture of two-story, multi-family and single-family residences surround the proposed site. Because the proposed site is located near the airport and is under the flight path, airport staff and FAA have been consulted. Uri ADJACENT LAND USES, GENERAL PLAN AND ZONING: Adjacent land uses are the following: General Plan Zoning Land Uses North L4 R-1-C Single Family Residential South P P Church East P P Vacant West P P Vacant ANALYSIS: The General Plan designation is P, Professional. These areas are aimed at providing offices for the types of professions that do not depend on an intensive merchandising district. While the General Plan designation of P does not apply to commercial communication antenna, the General Plan objective of providing telephone infrastructure does apply. The proposed commercial communication antenna is consistent with the General Plan. The Zone for the proposed commercial communication antenna is P, which means professional. Commercial communications antennas are allowed in this Zone, provided they follow the conditional use permit process as outlined in Section 94.02.00 of the Zoning Ordinance. The proposed commercial communication antenna complies with the Zoning Ordinance. The proposed 55' monopalm will be surrounded by, approximately 12-14 live palm trees that will range in heights from 30' to 50'. The adjacent church has a few live palms on their property and will allow an additional 6-8 live palm trees that will range in heights from 30' to 50'. The applicant has submitted photographs of the existing site as well as elevations of the proposed monopalm and how it would appear in the current visual environment surrounding the site. These elevations depict a commercial communication antenna at 55' designed as a monopalm, 12-14 live palm trees on the leased property and 6-8 live palm trees on the neighboring property to create a live palm grove. The proposed equipment cabinet will be surrounded by a 6' tall decorative masonry wall and gate and will be screened with landscaping. The proposed commercial communication antenna is near Vista Chino, which the General Plan has designated as a scenic corridor. The palm grove with the monopalm will be approximately 170' from Vista Chino. The existing utility poles located along Vista Chino are approximately 55' to 60' in height. They are galvanized metal utility poles and are approximately 170' from the proposed monopalm. The church has existing light poles in their parking area; these poles are approximately 25' in height. These light poles are painted metal poles and are approximately 15' from the proposed monopalm. Due to the distance from Vista Chino and height of the monopalm, mountain views that one would see from Vista Chino will remain unblocked and thus the visual impact will be minimal to Vista Chino. The proposed 55' monopalm is located: approximately 170' from Vista Chino to the South, approximately 75' from Cerritos Road to the West, and approximately 76' from the Sahara Road to the east. The single-family and multi-family residences to the North and northwest are approximately 80' from the proposed monopalm. The 55' monopaam will be south, southwest and southeast of the surrounding residences. The palm grove will help screen the airport from the residences. The surrounding properties mountain views are to the west and north and thus the visual impact will be minimal to the surrounding neighbors. The proposed fifty-five foot (55') monopalm is located in the southeast corner of the property to allow future development on that property. Design Review Committee reviewed the proposed commercial communication antenna on March 18, 2004 and recommended approval of the project. Airport staff was consulted regarding the proposed project and project location. Airport staff anticipates that the proposed commercial communications antenna structure will not be an obstruction (i.e., the structure does penetrate air space around the airport) and the proposed antenna will not have direct or indirect impacts on operations at Palm Springs International Airport. Helicopter tours fly in that area during the season, as well as some private helicopters, and whenever necessary, emergency/rescue aircraft. As such, staff has included a condition of approval, which indicates that one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of pole/frowns is to be constructed. Airport Operations would advise the Director of Planning Services in the event the Airport receives complaints from pilots, the Tower Manager or the FAA. ENVIRONMENTAL ANALYSIS AND NOTIFICATION: This Conditional Use Permit is categorically exempt pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA). The public hearing notice was published in the Desert Sun Newspaper. All property owners within 400 feet of the project site have been notified of the public hearing. As of the writing of this report, staff has received many written correspondences from the property owner and surrounding property owners, in support of the proposed monopalm. Director of Planning Services City Manager i 4 FEBRUARY 8,2004 ATTN: MATTHEW FESKE OFFICE CITY OF PALM SPRINGS 3200 E. TAHQUITZ CANYON WAY PALM SPRINGS,CA 92262 TO WHOM IT MAY CONCERN: MY NAME IS ERIC URBAN,I HAVE LIVED IN PALM SPRINGS FOR 21 YEARS. IT HAS COME TO MY ATTENTION THAT AN ANTENNA IS BEING PROPOSED OFF VISTA CHINO AT CERRITOS. I LIVE IN THE NEIGHBORHOOD AND DRIVE BY THIS LOCATION ON A DAILY BASIS. IF THE ANTENNA IS DESIGNED TO LOOK LIKE A PALM TREE,I HAVE NO OBJECTION TO ITS PLACEMENT AT THIS LOCATION. I NOT ONLY DO NOT OBJECT,BUT SUPPORT IT IN THE HOPE THAT MOBILE PHONE SERVICE WILL IMPOVE IN THIS NEIGHBORHOOD SINCERELY, ERIC URBA,, ;f l / t ' i The Eberhard Palm Springs, Ca. 92262 February 9, 2004 Metthew Feske City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, Ca. 92262 Dear Matthew. I understand that a Cell Tower installation is planned at Cerritos/Vista Chino. From the information I got it seems that it will be an asset to have this Tower, since I understand it will be discreetly hidden. We are glad to see empty lots improved, as I understand it will be the case where they plan to install this Tower, and hopefully it will improve our cell- phone reception too. Sincerely. 7 E. Eberhard gh R - -- -- - i DIMSJOIIN " f WEST PALM SPRINGS CONGREGATION OF JEHOVAH'S WITNESSES 2100 VISTA CHINO PALM SPRINGS, CA 92262 February 8, 2004 Matthew Feske City Of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Installation of Cerritos/Vista Chino Cell Tower Dear Matthew: We use this opportunity to express our feelings toward the proposed installation of the cell tower behind our property located at the above address. We carefully examined various aspects in this regard, such as the esthetic appearance benefiting the landscape. Your plan to enhance the scenery by surrounding the tower with Palm trees so that it will not only `blend' but beautify is a `plus' not a minus. Also we appreciate the City Of Pahn Springs recognizing the need for continuous improvement of p9mnnmication. This tower will do just that! These are positive movements in the development of our area and we say, "Welcome". Sincerely, Demos Nelsen Peter Eberhard 'Christopher Dean r I --� Off 7 ---- — February 8, 2004 Matthew Feske City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Sprigs, Ca 92262 Re: Installation of Cell Tower Dear Matthew: We want to thank you for this opportunity to make expression in regards to the proposed cell tower located at Cerritos and Vista Chino. In an ever expanding climate of communication, we appreciate the initiative of those who choose to move and grow with it. We realize that keeping up with the needs of the communications user is necessary, but recognizing and being proactive is the `key' to producing a city which invites growth and provides the climate to fulfill it. To this end we appreciate your action in providing the equipment to do this. Your consideration for the homeowners by installing Palm trees to disguise and blend the tower, is much to your compassion and a credit to your organization. We not only approve of your intended cell tower but we support your petition to the City Of Pahn Springs for it. Sinincere_l/y, �n Mi% & Mrs. Dennis Nelsen 1011 ��..�`•.�:�IP�j V%"i i. f yin'��t(i E_`s G 0.!'4`'.` FROM :CUSTOM STRETCHED CANVASES FAX NO. :7G02021430 '�. 09 2004 04:42PM P1 February 9, 2004 Attn: Matthew Feslce City of Palm Springs 3200 R. Tahquitz Canyon Way Palm Springs, CA. 92263-2743 Dear Mr. Feske, My name is Randy Seymon, and I have been asked to respond with my feelings on the proposed construction of a cet.l tower at Vista China and Cerritos. I have lived in the area for some 26 years, and love the desert for it's natural beauty and majestic vistas. As far as the tower is concerned, I see tko problem with it' s proposed location. These towers, as far as the esthetics are concerned, are a hit intriguing, and actually quite creative. Certainly, the surrounding landscaping,will only enhance it's placement, and the empty lot as it exists today. I support the cell, tower, with no reservations. Thank you for considering my opinion on this matter. ZMSinc ely, Ran Seymon Walter Norwood 2001 N. Cerritos Drive Palm Surinas, CA 92262 (760) 320-4751 February 9, 2004 To: Planning Council of Palm Springs In reference to the proposed Cell Phone Tower to be located at the comer of Cerritos and Sierra. I currently live next to the proposed site and can see the location from my front yard. We have lived at that address for the past 5 years. I have been shown proposed pictures of the planned site with computer simulated tower and palms added. I have also gone a view an existing site located at Date Palm and Vista Chino. In the proposed layout I like the large number of palm trees (8 or 9)that are being put in. I also think that the proposed design which looks like a palm tree is great and will fit in with the existing landscape. I believe the project will benefit the community while adding to the appeal of the neighborhood. Sincerely, f'�O� � 44) ve'S, Walter Norwood ------- - F.j'Y• . LETTER IN SUPPORT OF SPRINT'S PROPOSED PALM CELL ANTENNA AT CERRITOS AND SAHARA I,the undersigned,support Sprint's efforts to locate a palm cell antenna in the back of the Sehovah's Witnesses Church off Vista Chino and Cerritos in Palm Springs(the southeast vacant lot at the intersection of Cerritos and Sahara,located in the southeast corner of that vacant lot).This support is conditional and the following condition must be satisfied in order to gain the support requested in this letter. The following condition is that Sprint must forest the area around the cell palm with a minimum of nine(9) additional live palm trees at varying heights.A minimum of the following:three(3)palm trees at twenty- five to thirty-five feet in height,three(3)additional palm trees at forty to forty-five feet in height,treee more additional palm trees at fifty to fifty-five feet in height. It is understood that cell phones are becoming a way of life in most areas of our country.We appreciate Sprint's efforts in providing wireless service while recognizing neighborhood concerns. Signature Printed Name Residence Date lug '2_1htjCIt-114 s Z OI c, OCSe%7 ?.g2l_AuE 4 , - 1 -d -( nv a ( cur 77lflc 6410, + Wo E 4ak 2/-4,00 rR tr SONso� Dolly Sinatra Lodge #2400 Palm Springs Chapter, Order of Sons of Italy in America (O.S.I.A.) x 1 O ' c P O Box 637, Palm Springs CA 92263 Ph:(760)416-3184 Ph/Fax:(760)329-4879 Clubhouse Location:1700 Sahara Rd,Palm Springs-On Vista Chino,3 blocks west of Farrell Or E-mail:psbunnygi netzero.net bobfiammio a,hotmail.com May 25,2004 Mr. Matthew Teske Associate Planner Department of Planning City of Palm Springs Palm Springs CA 92263-2743 Dear Mr. Teske, The Sons of Italy are a group of people that exist for the benefit of other(non- Italians included) Along with the giving of scholarships to local students,we consider the city of Palm Springs and its beautiful surroundings one of our top priorities. Having reviewed Sprint's application for an antenna palm off of Vista Chino,we encourage you to support this project. The additional planting of some 15 plus mature palm trees in our neighborhood is an esthetic benefit. It has been offered that some of these trees be planted in the front of our building and we have enthusiastically accepted. Matthew,I have seen much development throughout the years that I have lived in Palm Springs and have seen good development pass us by. These people have gone above and beyond the call of duty in what is proposed in this project. Please allow the neighbors that live and work in the community to have a say in what is developed there. Si erely, l/JUe LaPOrta President Sons of Italy in America ®A February 9,2004 Attn: Matthew Feske Office City Of Palm Springs 3200 E. Tahquitz Cyn.Way Patin Springs, CA 92262 Dear Mir. Fiske, It has come to my attention that a proposal to put up a cell phone anterma, on the property of Cerritos and Vista Chino, is forthcoming. We have lived in the area of Palm Springs for eight years, and have been impressed as to how you are able to make the towers look like palm trees,to blend into the surrounding scenery. We wish the utility companies were as thoughtful in their pursuits, regarding the esthetics to the community. So having heard this was likely the sight for your new tower, we have only support for this proposal, and for the phone service that it will 'help to improve, in the area. Sincerek,, - —� i Mr. oL Mrs. Edward J. Hayes 1233 E. Via Escuela Palm Springs, CA 92262 David F. Yamada, Attorney at Law JUL sy ` 2004 State Bar Number: 63251 `" ` P.O. Box 91132 Pasadena, California 91109-1132 626-449-8014 July 20, 2004 City of Palm Springs Planning Commission City Hall 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Conditional Use Permit Case Number: 5. 099997 Dear Honorable Planning Commissioners for the City of Palm Springs: I am currently representing Mrs. Natalie Keith the owner of the property adjacent to the proposed cellular phone tower. Her parcel # is 501-351-004 . The notice you sent is defective. The "Description" section notes that the tower is to built one that is 11651 . " The other side of the page notes that the "Conditional Use Permit to construct a new fifty five foot" tower. This is the first she has been advised that anything other than conforming construction was being planned for the property. She objects to the proposed non-conforming use of the property on a variety of grounds among which are: 1. The 55 foot or 65 foot proposed tower is taller than any of the construction authorized by the current building codes; 2 . The tower does not conform to a residential use of the property, 3 . The tower' s height has the potential for creating shadow lines across adjacent properties; 4 . The tower with his electronic devices should be subject to an Environmental Impact Report clearly delineating its affect upon the adjacent properties including human and pet populations ; 5 . The electronic devices attached to the tower should also clearly indicate what affect it will have upon home electronic devices, i. e. burglar alarms, radios, telephones, other cellular phones, etc. ; ilk 6. The tower has a potential for causing damage should an earthquake strike; 7. This tower if allowed to proceed will impair the use and subsequently the value of all adjacent properties. For these reasons and a myriad of others that neighbors and property owners will bring forth in the hearing should persuade the Planning Commission to deny the conditional use permit. Please add me to the list of those that need to be advised of all matters involving properties within 100 feet of Mrs. Keith' s property on Sahara Road, Palm Springs, California. Sincerely, David F. Yamada, Esquire DFY: ss 1OAdI David F. Yamada, Attorney at Law State Bar Number: 63251 P.O. Box 91132 Pasadena, California 91109-1132 626-449-8014 August 27, 2004 City of Palm Springs Planning Commission City Hall 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Conditional Use Permit Case Number: 5. 0997 Dear Honorable Planning Commissioners for the City of Palm Springs: I represent Mrs. Natalie Keith the owner of the property adjacent to the proposed cellular phone tower. Her parcel # is 501-351-004 . The notice you sent continues to be defective (see my earlier letter advising of the same. ) Prior to the earlier notice being sent she was noi;. advised that anything other than conforming construction was being planned for the adjacent property. She objects to the proposed non-conforming use of the property on a variety of grounds among which are: 1. The 55 foot or 65 foot proposed tower is taller than any of the construction authorized by the current building codes; 2 . The tower does not conform to a residential use of the property; 3 . The tower's height has the potential for creating shadow lines across adjacent properties; 4 . The tower with his electronic devices should be subject to an Environmental Impact Report clearly delineating its affect upon the adjacent properties including human and pet populations; 5. The electronic devices attached to the tower should also clearly indicate what affect it will have upon home electronic devices, i.e. burglar alarms, radios, televisions, telephones, other cellular phones, etc. ; 6. The tower has a potential for causing damage should a natural disaster strike i.e, lightning, ��earthquake , etc. ; 7 . This tower if allowed to proceed will impair the use of Mrs. Keith' s property, i.e. among other uses amai' eur short wave radio broadcasting, citizens band broadcasting, etc. and thereby detract from its value. Is there a requirement that the Federal Communications Commission also approve this proposed tower? If not, do they then delegate this authority of necessity to the local/state authorities? If that is the case then should not those documents be part of this request? These reasons and others that neighbors and property owners will bring forth in the hearing should persuade the Planning Commission to deny the conditional use permit. Thank you for adding me to the list of those that need to be advised of all matters involving properties within 100 feet of Mrs. Keith ' s property on Sahara Road, Palm Springs, California. Scerely, 1� av V DidJlF. Yam da, Esquire Enclosure DFY:ss I,the undersigned, say: I am and was at all times herein mentioned, a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a party to the within action or proceeding; that my business address is 3200 E. Tahsluiiz Canyon Drive, Palm Springs, California; that on the 14th day of,duly, 2004, 1 served the lnrithin NOTICE OF PUBLIC HEARING for PLANNING COMMISSION CASE Nei. 5.0997 to consider an application by Delta Group Engineering on behalf of Sprint PCS for a Conditional Use Penl7it to construct a new 55' commercial communications tower designed as a monopaim and its associated equipment shed at 2101 Sahara Road, Zone P, Section 0'I. This Notice was served on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy thereof,enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub-post of ica, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received frorun the Title company dated February 18, 2004, confirmed by the City's Planning staff, and attached hereto. I hereby declare under penalty of penury that the foregoing is 'true and correct. Loretta D. Moffett, Senior Secretdry% Dated at Palm Springs, California, this 15th slay o July, 2004 r �l r `, NOTICE OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF PUBLIC HEARING PLANNING COMMISSION CITY OF PALM SPRINGS Case 5.0997 Conditional Use Permit 2101 Sahara Road NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of July 28, 2004. The Planning Commission meeting begins at 1:30 p.m. (public hearings begin at 2:00 p.m.) in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Delta Group Engineering on behalf of Sprint PCS for a Conditional Use Permit to construct a new fifty-five foot (55') commercial communications tower designed as a monopalm and its associated equipment shed, located at 2101 Sahara Road, Zone P, Section 01. Pursuant to Section 93.09.00 of the Zoning Ordinance: commercial communication antennas are required to have a Conditional Use Permit. An approval of the Conditional Use Permit of commercial communication antennae will require the approval of the Planning Commission and the City Council (Section 94.02.2.f of the Zoning Ordinance). This project may be categorically exempt from environmental review pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) and the Telecommunications Act, whereas the proposed commercial communications site meets the conditions outlined for new construction of small structures and the Telecommunications Act. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the Planning Commission hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Associate Planner at (760) 323-8245. Si necesita ayuda con esta carta, porfavor ]lame a la Ciudad de Palm Springs y puede hablar con Nathan Mendenhall telefono (760) 323-8245. Kathryn Lgltes Director of Planning Services �pf p PLM,rA�'r N Department of Planning and Zoning w E V N Vicinity Map S % C'9<'FORNjp* SAHARA RD Pro osed Site 0 co O H Ce w U Vista Chino CITY OF PALM SPRINGS CASE NO.: 5.0997 - CUP DESCRIPTION: Application by Delta Group Engineering on behalf of Sprint PCS to build a 65' APPLICANT: Delta Group Engineering on commercial communication tower designed as a behalf of Sprint PCS monopalm and associated equipment shed within a 1,500 square feet lease area. Located at 2101 Sahara Road. Zone P. Section 01. Public Hearing Notices Notification Information for Planning Commission Hearing on July 28, 2004 Case No. 5,0997 - CUP Applicant Name: Delta Group Engineering in behalf of Sprint PCS Address 2362 McGaw Avenue Irvine, CA 92614 Project Location & 2101 Sahara Road, Zone P, Section 01 Description: 55' commercial communications tower & equipment shed Assigned Planner: Matthew Feske, Associate Planner Labels Prepared by: GC Mapping Service, and confirmed by Yoav Shernock, Planning Technician Certification to City Clerk Date: March 2, 2005 Property Owners /Groups / I Date Notices I Number of Organizations Mailed Notices Mailed To Desert Sun for publication on: I July 14, 2004 1 Applicant/Sponsors July 14, 2004 2 Property Owners: Land Owner (master lessor) July 14, 2004 30 Master Lessor (sub-lessor) Sub-lessee (unit owner) Indian Land Owners -to BIA N/A Neighborhood Coalition July 14, 2004 9 Homeowners Association ONIPP Agua Caliente Band/Cahuilla Indians Rep July 14, 2004 1 City Rep for Verification (office & home July 14, 2004 2 address) Public Agencies & City Staff- IS or EA Other Interested Parties July 14, 2004 1 Public Notice Binder & Case File July 14, 2004 2 TOTAL NUMBER MAILED: 48 o� vatM s,°r N i��'lI; ��.:'I,i°F ",Palm",PalmSprings c S �J�1'�'aPtP�9�'.',3�'?�t�'b ��-D�aH'B�9P➢� s"k�'..T991in�'g �t�FORN Date: July 15, 2004 From: Matthew Feske, Associate Planner Subject: Mailing Labels for Notice of Public Hearing Planning Commission Case No. 5.0997 - CUP - Jualy 28, 2004 Delta Group Engineering on behalf of Sprint PCS This is to certify that the attached labels were created on Febrvary `I8, 2004 by GC Mapping Service and confirmed by City Planning staff using the most current In orrnatlon available. To the best of my knowledge, the labels are coo'nplete Lanai accuumte. / dYv I_..--- Ma'Me Feske, Project's Associate Planner Date: July 'I5, 2004 :Idm 1. APN: 501-305-011 2. APN:501-314-001 3. APN: 501-314-002 CAROLYN PALACIO GRANTLYN E,ADELAARS CHARLES YACOUB 1981 N CERRITOS RD 264 N SHAFFER ST 4 A 6838 YELLOWSTONE BLVD APT A37 PALM SPRINGS CA 92264- ORANGE CA 92866-1112 FOREST HILLS NY 11375-3428 4. APN: 501-314.003 5. APN:501-314-009 6. APN: 501-314-012 WILLIAM &SHEILA M.GORDON NADIA AKHTARZADEH ANN H.LINDBERG PO BOX 9393 26 LE MENS 562 N FARRELL DR PALM SPRINGS CA 92263-7393 MISSION VIEJO CA 92692- PALM SPRINGS CA 92262-6215 7. APNt5014.013 8. APN:501-314-014 9. APN: 501-314-015 WILLIAM & A CORDON MOI-IAMED TAI-IER DAWOOD AJAX 1NC PO BOX 9393 861 GLENCLIFF ST APT 48 72470 VARNER RD PALM SPRIN92263-7393 LA HABRA CA 90631-6452 THOUSAND PLMS CA 92276-3429 10. APN: 501-314.016 11. APN:501-314-017 12, APN: 501-315-001 WATER AGENCY DESERT PATRICIA L.HEMPEL MILLWOOD CONSTRUCTION CO INC PO BOX 1710 I810 CARRIAGE LN 4725 E SUNNY DUNES RD PALM SPRINGS CA 92263-1710 PALM SPRINGS CA 92262-3586 PALM SPRINGS CA 92264-1536 13. APN:501-315-002 14. APN:501-315-003 15. APN: 501-315-004 TIMOTHY D.JESSUP TRACY M.QUINLAN MARY R.MILLS 4725 E SUNNY DUNES RD 4725 E SUNNY DUNES RD 515 S CALLE SANTA ROSA PALM SPRINGS CA 92264-1536 PALM SPRINGS CA 92264-1536 PALM SPRINGS CA 92264-7431 I6. APN: 501-3,11-006 17. APN: 501-341-007 18. APN: 501-351-001 CLIFTON R.&RENEE M. WARRLN RUSSELL &DEBBIE COWARD DAVID WELTY 2309 PACIFIC COAST HWY STE 203 611 S ALM CANYON DR 39165 REGENCY WAY I-IERMOSA BEACH CA 90254-2753 PALM SPRINGS CA 92264- PALM DESERT CA 92211-7107 19, APN: 501-351-004 20. APN: 501-351-005 21, APN: 501-352-001 JOHN T.&NATALIE G.KEITH PALM SPRINGS CONGREGATION RICFIARD D.&MARY LOU SAMBRANO 6454 INNSDALE DR JEHOVAI-I'S WITNESSES 7681 LARKSPUR DR LOS ANGELES CA 90068-1626 415 RIO VISTA DR BUENA PARK CA 90620-1950 PALM SPRINGS CA 92262-6490 22. APN: 501-352-002 23. APN:501-352-003 24. PN: 01-352-004 ROBERT BOISJOLY ALEX W.ROLDAN SINATRA L GE 2400 DOLLY 309 NEWTOWN AVE PO BOX 4825 PO BOX 637 IN NORWALK CT 06851-2535 PALM SPRINGS CA 92263-4825 PALM SPR+GasCA 92263-0637 25. APN: 501-352-007 26. APN: 501-352-008 27, APN: 501-352-009 KERN MICHAEL&BEVERLY A.BRYANT CHRISTOPHER WOLFFE ERNEST C.WEAVER 1757 PARK VIEW DR 19074 PARK VIEW DR 2227 E DESERT PARK AVE PALM SPRINGS CA 92262-3576 PALM SPRINGS CA 92262- PALM SPRINGS CA 92262 28. APN: 501-352-010 29. APN:501-352-011 30. APN: 501-352-012 DAVID BILLINGTON CHARLIE PETRILLA RONALD E.ZIMMERMAN 2135 E DESERT PARK AVE 2121 E DESERT PARK AVE 2101 E DESERT PARK AVE PALM SPRINGS CA 92262-3527 PALM SPRINGS CA 9 22 6 2-3 5 27 PALM SPRINGS CA 92262-3527 n� 31. APN:501-352-013 32. APN:501-352-014 33, APN: 07-301-012 DOLLY SINATRA LODGE NO 2400 SINATRA LO . E 2 00 SONSITALY CITY OF L SPRINGS ORDER O AMERIC 3200 E TAI-I TE MCCALLUM PO BOX 637 PO BOX 637 PALM SPRING A 92262- PALM SPRINGS CA 92263-0637 PALM SPRINGS C 9 63.0637 34., APN: 507-301-018,019 APPLICANT REPRESENTATIVE ROBERT &SUE ANN BRENNER SPRINT PCS ASSET DELAWARE LLC DELTA GROUPS 535 CO WPER ST FL 2ND 1800 VON KARMAN AVE STE 100 ATTN:TIM MILLER PALO ALTO CA 94301-1802 IRVINE CA 92612 2362 MCGAW AVE IRVINE CA 92614 v NP GC MAPPING SERVICE ATTN:GILBERT CASTRO 711 MISSION ST STE B SO PASADENA CA 91030 NEIGHBORHOODCOAL.ITION/SPONSOR MR BILL DAVIS AND AND VERIFICATION LIST MR PETER DIXON MS TRISHA DAVIS P.C. HEARING 7-28-04 TENNIS CLUB AREA TENNIS CLUB AREA CASE NO.5.0997 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA DELTA GROUP ENGR'G/SPRINT PCS PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR FRANK TYSEN C/O CASA CODY COUNTRY INN MS. CHRISTINE HAMMOND MR BOB WEITHORN SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS 175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANN PLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF HISTORIC TENNIS CLUB AREA AGUA CALIENTE BAND OF CAHUILLA INDIANS 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS =0=0 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE NO 5.0997 PLANNING &ZONING DEPT MS LORETTA D MOFFETT VERIFICATION NOTICE =J -J=zJ ATTN SENIOR SECRETARY PO BOX 2494 PO BOX 2743 PALM SPRINGS CA 92263-2494 PALM SPRINGS CA 92263-2743 CASE NO. 5.0997 MR PETE MORUZZI HISTORIC SITE REP --J-J PALM SPRINGS MODERN COMMITTEE PO SIX 4738 PALM SPRINGS CA 92263-4738 CASE NO.5.0997 DELTA GROUPS SPONSORS =0 ATTN TIM MILLER 2362 MC GAW AVENUE IRVINE CA 92614 AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Delta Group Engineering on behalf of Sprint PCS for a CUP to construct a new fifty-five foot commercial communications tower designed as a monopalm and it associated equipment shed, 2101 Sahara Road, Case No. 5.0997, Section 01, was mailed to each and every person set forth on the attached list on the 20th day of August, 2004. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 20th day of August, 2004. PATRICIA A. SANDERS City Clerk NOTICE OF EXEMPTION FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS Case No. 5.0997 Conditional Use Permit 2101 Sahara 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 September 1, 2004. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Delta Group Engineering on behalf of Sprint PCS for a Conditional Use Permit to construct a new fifty-five foot (55') commercial communications tower designed as a monopalm and its associated equipment shed, located at 2101 Sahara Road, Zone P, Section 01. Pursuant to Section 93.09.00 of the Zoning Ordinance: commercial communication antennas are required to have a Conditional Use Permit. An approval of the Conditional Use Permit of commercial communication antennae will require the approval of the Planning Commission and the City Council (Section 94.02.2.f of the Zoning Ordinance). This project may be categorically exempt from environmental review pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the California Environmental Quality Act (CEQA) and the Telecommunications Act, whereas the proposed commercial communications site meets the conditions outlined for new construction of small structures and the Telecommunications Act. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Associate Planner at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nathan Menderhall telefono (760) 323-8245. PATRICIA A. SANDERS City Clerk 1804 , N N Department of Planning and Zoning w E Vicinity Map S k C'9G I Frt0 RN�p y SAHARA RD EJFProposed Site U) O W U Vista Chino CITY OF PALM SPRINGS CASE NO.: 5.09997 — CUP DESCRIPTION: Application by Delta Group Engineering on behalf of Sprint PCS to build a 65' APPLICANT: Delta Group Engineering on commercial communication tower designed as a behalf of Sprint PCS monopalm and associated equipment shed within a 1,500 square feet lease area. Located at 2101 Sahara Road. Zone P. Section 01. PROOF OF PUBLICATION This is space for County Cleric's Filing Stamp (2015.5.C.C.P) No.90a7 STATE OF CALIFORNIANOT CALIFORNIAENVVIR OF EXEMPTION NMEN IAL OUAI_ITY ACT County of Riverside =tQTIC= O _PUBLIC i-IEAReae CITY COUNCIL CITY OF PALM SPRINGS Case No. 5.0997 Conditional Use Permit I am a citizen of the United States and a resident of 2101 Sahara Read the County aforesaid;I am over the age of eighteen NOTICE IS HEREBY GIVEN that the City Council ears and not a art to or interested in the of the City of palm Springs, Caluomra, will hold a I years, party public hearing at ¢s meeting of September t, —I —�UP aho'C-entitled matter.I am the rind 21 clerk of a 2004. The City Council meeting begins at r:00 { P P• pm.In the Council Chamber at City Hall,3200 E. printer of the,DESERT SUN PUBLISHING Tahquitz Canyon Way, Palm Springs. COMPANY a newspaper of general circulation, The purpose of this hearing is to consider an ap- rinted and published in the city of Palm Springs, pplica ion; Delta Group ngineenng Permit behalf of P P y SpnnY PC; for a Conditional Use Permit to con- Count of Riverside,and which newspaper has been The a new fifty-five foot(s5�) conmercal com- ymunications tower designed as a moral and a newspaper general circulation adjudged a of l cilation b the its associated equipment shed, located at 2101 P P g y Sahara Road, Zone P, Section 01 Pursuant to Superior Court of the County of Riverside,State of Section 93 09.00 of the Zoning Ordinance com- mercial Communication antennas are required to California under the date of March 24,1988.Case have a Conditional Use Permit.An approval of the Conditional Use Permit of commercial communi- cation antennae will require the app roval of the printed copy(set in t3Pa not smaller annexed is a rid Planning Commission and the Cl nty Council (See- than non panel,has been published in each regular tion 94 U 22.f of the Zoning Old[ ance). and entire issue of said newspaper and not in any °"""" "�. supplement thereof on the following dates,to wit: August21" ----------------------------------'------'------'---------- All in the year 2004 , _ I certify(or declare)under penalty of perjury that the foregoing is true and correct. — -- =_-- T ,,,.. " :" Dated at Palm Springs,California this-----2701'----day �•1�f6 '�` - of---------- ----------------------------1 2004 (C tw)Construction cti Telel review communications Oo oo exempt from This all Section 16303 ' (Now Cf the Calif or Conversion of Small struc- tures) of the he Teleiamuni Environmental Dualityy rei ns Acti communications site pp for site tions fnitiets to conditions . slid the new construe- Signature tich of small struc'turos antl the Talecammunica- If any individual of gioup challenges the action in court, issues raised may be limited to only those issues raised at the public hearing doscribecl In, this notice or in written correspondence at, or pri- or to, the City Council hearing. An opportunity will be given at said healing for all interested persons to be heard.Questions regard ing this case may be directed to Matthew Feslce, Associate Planner at 1760) 323-8245, Si necesita ayuda con note aorta,porlavor llama a la Ciudad As Palm Springs yy chase hablar con Nathan Menduhall telefeno (760) 323-8245, PATRICIA A SANDERS r W,0965 aasel slagel ssaippV ®Au3Av — I,,Ej6HBO'RHQODCOA'E'�Ii,TION/SPO�N'SO,R MR BILL DAVIS AND A'ND VERIFICATION LIST' MR PETER DIXON MS TRISHA DAVIS CPC' HEARING;09 o1104" TENNIS CLUB AREA � TENNIS CLUB AREA CASE NO 5.0997 ii 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA SPRINT PCS?'13Y DELTA'GROUP PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 i I MR FRANK TYSEN C/O CASA CODY COUNTRY INN MS. CHRISTINE HAMMOND MR BOB WEITHORN SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS 175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANN PLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF HISTORIC TENNIS CLUB AREA AGUA,,CALIENTE'SAND„OF CAHUILLA INDIANS 565 WEST SANTA ROSA DRIVE �CAHUJ„L,LA„INDIANS =D, 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE NO 5.0997 PLANNING &ZONING DEPT MS LORETTA D MOFFETT VERIFIC,ATION'NOTICE, ATTN SENIOR SECRETARY PO BOX 2494 PO BOX 2743 PALM SPRINGS CA 92263-2494 PALM SPRINGS CA 92263-2743 CASE 5.0997 MR PETE MORUZZI IHIST,ORIC11SITE REP.-,-DI: PALM SPRINGS MODERN CMTE PO BOX 4738 PALM SPRINGS CA 92263-4738 -narc mi aiPldwai asn EVP�MsnR2 City of Palm Springs Department of Planning and Zoning ' P O.Box 2743 f oq</Foa��P Palm Springs,California 92263-2743 I! ox'� Delta Groups Engineering, Inc. Attn: Tim Miller C / 2362 McGaw Avenue Irvine, CA 92614 �f7 1. APN:501-305-011 2. APN:501-314-001 3. APN:501-314-002 CAROLYN PALACIO GRANTLYN E,ADELAARS CI-IARLES YACOUB 1981 N CERRITOS RD 264 N SHAFFER ST#A 6838 YELLOWSTONE BLVD APT A37 PALM SPRINGS CA 92264- ORANGE CA 92866-1112 FOREST HILLS NY 11375-3428 i' 4. APN:501-314-003 5. APN:501-314-009 6. APN: 501.314-012 WILLIAM &SHEILA M. GORDON NADIA AKHTARZADE14 ANN H.LINDBERG PO BOX 9393 26 LE MENS I 562 N FARRELL DR PALM SPRINGS CA 92263-7393 MISSION VIEJO CA 92692- PALM SPRINGS CA 92262-6215 it li ' 7 APN:501-314-013 8. APN:501-314-014 9. APN:501-314-015 WILLIAM &SHEILA GORDON MOHAMED TAHER DAWOOD AJAX INC PO BOX 9393 861 GLENCLIFF ST APT 48 72470 VARNER RD PALM SPRINGS CA 92263-7393 LA HABRA CA 90631-6452 THOUSAND PLMS CA 92276-3429 10. APN:501.314-016 11. APN: 501-314-017 12. APN:501-315-001 WATER AGENCY DESERT PATRICIA L.HEMPEL I MILLWOOD CONSTRUCTION CO INC PO BOX 1710 1810 CARRIAGE LN 4725 E SUNNY DUNES RD PALM SPRINGS CA 92263-1710 PALM SPRINGS CA 92262-3586 PALM SPRINGS CA 92264.1536 13. APN:501-315-002 14. APN:501-315-003 15. APN: 501-315-004 TIMOTHY D.JESSUP TRACY M.QUINLAN MARY R.MILLS 4725 E SUNNY DUNES RD 4725 E SUNNY DUNES RD 515 S CALLE SANTA ROSA PALM SPRINGS CA 92264-1536 PALM SPRINGS CA 92264-1536 PALM SPRINGS CA 92264-7431 16, APN: 501-341-006 17. APN:501-341-007 18, APN:501-351-001 CLIFTON R.&RENEE M.WARREN RUSSELL &DEBBIE COWARD DAVID WELTY 2309 PACIFIC COAST HWY STE 203 611 S ALM CANYON DR 39165 REGENCY WAY HERMOSA BEACH CA 90254-2753 PALM SPRINGS CA 92264- PALM DESERT CA 92211-7107 19. APN: 501-351-004 20. APN:501-351.005 21. APN:501-352-001 JOHN T,&NATALIE G.KEITH PALM SPRINGS CONGREGATION RICI-IARD D.&MARY LOU SAMBRANO 6454INNSDALE DR JEHOVAI-I'S WITNESSES 7681 LARKSPUR DR LOS ANGELES CA 90068-1626 415 RIO VISTA DR BUENA PARK CA 90620-1950 PALM SPRINGS CA 92262-6490 22. APN:501-352-002 23. APN:501-352-003 24. APN: 501-352-004 ROBERT BOISJOLY ALEX W.ROLDAN SINATRA LODGE 2400 DOLLY 309 NEWTOWN AVE PO BOX 4825 PO BOX 637 NORWALK CT 06851-2535 PALM SPRINGS CA 92263-4825 PALM SPRINGS CA 92263-0637 25 . APN: 501-352-007 26. APN: 501-352-008 27. APN:501-352-009 KERN MICHAEL&BEVERLY A.BRYANT CHRISTOPHER WOLFFE ERNEST C.WEAVER 1757 PARK VIEW DR 18074 PARK VIEW DR 2227 E DESERT PARK AVE PALM SPRINGS CA 92262-3576 PALM SPRINGS CA 92262- PALM SPRINGS CA 92262 28. APN:501-352-010 29. APN: 501-352-011 30. APN:501-352-012 DAVID BILLINGTON CHARLIE PETRILLA RONALD E.ZIMMERMAN 2135 E DESERT PARK AVE 2121 E DESERT PARK AVE 2101 E DESERT PARK AVE PALM SPRINGS CA 92262-3527 PALM SPRINGS CA 92262-3527 PALM SPRINGS CA 92262-3527 31, APN:501-352-013 32, APN:501-352-014 33. APN:507-301-012 DOLLY SINATRA LODGE NO 2400 SINATRA LODGE 2400 SONSITALY CITY OF PALM SPRINGS ORDER O AMERIC 3200 E TAHQUITE MCCALLUM 1 PO BOX 637 PO BOX 637 PALM SPRINGS CA 92262- PALM SPRINGS CA 92263.0637 PALM SPRINGS CA 92263-0637 34. APN:507-301-018,019 APPLICANT REPRESENTATIVE ROBERT &SUE ANN BRENNER SPRINT PCS ASSET DELAWARE LLC DELTA GROUPS 535 COWPER ST FL 2ND 1800 VON KARMAN AVE STE 100 ATTN:TIM MILLER PALO ALTO CA 94301-1802 IRVINE CA 92612 2362 MCGAW AVE IRVINE CA 92614 NP GC MAPPING SERVICE ATTN:GILBERT CASTRO 711 MISSION ST STE B SO PASADENA CA 91030 �,,4N:501-314-002 CIIARLES YACOUB y4� ,,&838 YELLO WSTONE BLVD APT A37 FOREST HILLS NY 11375-3428 -- OA ❑ VMSUrHC1ENT ADDRESS ❑ i,VTEMPTE® NOT ESMOWM ❑ OTDIER �- ❑ NO sUCH NUMBER/STREET l r S ❑ MOT O[LIVERAOLE As ADDRESSED UNABLE TO FORWARD 2. APN:501-314-001 GRANTLYNE.ADELAARS 264 N SHAFFER ST#A 9 ORANGE CA 92866-1112 RE Tf.JRN,r _.t4 Or9: 7 NO FORWAFW D 6(aPEI=' '(J4)N 1=�"J �\3 ,�-'APN: 501-314-002 CLI.ARLES YACOUB ,68�38 YELLOWSTONE BLVD APTA37 '' FOREST HILLS NY 113 75-3 42 8 , OA ❑ VTTIMPOISJ1 F1OOG05S L El 'k SMPTSO MD C(IJOWN ❑ OThIEO ❑ N® SVDOCI VUONVDEVS/55E9EEB 5 ❑ NET DEiLIVERADL[AS flDOloE3SS0 - UMAELE TO FORWARD - -- 2. APN:501-314-001 GRANTLYNE.ADELAARS C+9—by 264 N SHAFFER ST#A ORANGE CA 92866-1112 rl NO FO RJ:'t RD i�j fj R`F=i t'�5N I-'LI1 UNROLE CO FORWARb - -v-: :onr ....- `` �:;`L%5 1y ii ..•':Y.iitt:;Rii:iilii(i[iiii?iieii]1ii�li�:ii':j�i RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 5.0997, SUBJECT TO THE CONDITIONS STATED, FOR SPRINT PCS TO INSTALL A COMMERCIAL COMMUNICATIONS ANTENNA WITHIN A 55' TALL MONOPALM AND EQUIPMENT SHELTER WITHIN AN 1,500 SQUARE FOOT LEASE AREA, LOCATED AT 2101 SAHARA ROAD, ZONE P, SECTION 01. WHEREAS, Delta Groups Engineering ("Applicant") on behalf of Sprint PCS has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for the installation of a Commercial Communications Antenna within a 55' tall monopalm and equipment shelter within an 1,500 square foot lease area located at 2101 Sahara Road, Zone P, Section 01; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit 5.0997 was given in accordance with applicable law; and WHEREAS, on July 28, 2004, a public hearing on the application for Conditional Use Permit 5.0997 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the application for Conditional Use Permit 5.0997 was given in accordance with applicable law; and WHEREAS, on September 1, 2004, a public hearing on the application for Conditional Use Permit 5.0997 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15303 (New Construction or Conversion of Small Structures); and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: The City Council finds that this Conditional Use Permit is categorically exempt from environmental assessment per Section 15303 of the • California Environmental Quality Act (CEQA) in that Section 15303 states that installation of small new equipment is exempt from CEQA. I Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the City Zoning Ordinance. Pursuant to the Zoning Ordinance, a commercial communications antenna is authorized in the P (Professional) zone pursuant to 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 proposed communications antenna is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. The proposed communications antenna will not have a significant visual impact on the environment surrounding the site. 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 site for the commercial communications antennae, on a 1,500 square foot lease area located at 2101 Sahara Road, is adequate in shape and size to accommodate said use, including all features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The proposed monopalm is located in the southeast corner of the property. This allows for future development of this property. 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 site for the proposed communications antennae will not have a direct or indirect impact on streets and highways and is properly designed in the subject area. 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. All proposed conditions of approval are necessary to ensure public health and safety. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves of Conditional Use Permit 5.0997, subject to those conditions set forth in Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 1st day of September 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 5.0997 SPRINT PCS 2101 SAHARA ROAD SEPTEMBER 1, 2004 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 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. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0997 - CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Commencement of use or construction under this Conditional Use Permit shall be within two (2) years from the effective date of approval. Extensions of time may be granted by the City Council upon demonstration of good cause. 3. If the communications antennae, monopole or equipment building are ever proposed to be modified in any manner such as the inclusion of other antennae, 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. 4. If the technology regarding the communications antennae changes in where the antennae and/or equipment building as approved become obsolete, then the antennae shall be removed. 5. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application. 6. The maximum height of the commercial communications antenna and monopalm shall be fifty-five feet (55'), as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the pole. 7. If the antennae and/or monopole are ever abandoned or if this Conditional Use Permit ever expires, the monopole and antennae shall be removed within 30 days. 8. Manufacturer's cut sheets of the proposed antennae shall be submitted to the Director of Planning and Zoning prior to the issuance of permits for installation of the commercial communications antennae. 9. 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 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. 10. The applicant shall comply with the requirements of the Federal Aviation Administration. Proof of compliance shall be provided to the Director of Aviation to the Director of Planning and Zoning prior to the issuance of building permits. 11. 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/frowns if deemed necessary by the Director of Planning and Zoning. 12. 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. 13, The commercial communication antenna (monopalm) shall be surrounded by 20 live palm trees that range in height of 30' to 50'. The equipment shed shall be screened with a masonry wall and landscape screening 14. A final landscape plan shall be submitted to the Planning Department for approval. POLICE DEPARTMENT 15. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 16. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 17. Minimum Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75' of floor or grade travel distance for normal hazards. 18. Proximity to Existing Buildings: If the equipment shelter is within 15 feet of an existing building then the built-in fire protection (i.e. fire sprinklers) for that existing building is extended to the proposed shelter. ENGINEERING DEPARTMENT 19. None. MCI&