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HomeMy WebLinkAbout3/5/2008 - STAFF REPORTS - 1.A. Jay Thomson i From: Lee A. Husfeldt Sent: Tuesday, March 04, 2008 B-41 PM To: Jay Thompson Cc: Craig Ewing; David Newell; 'William Post'; 'JPCRIPPAN@aol.com' Subject: Proposed cell tower Jay, Craig asked that I send you the responses I've received regarding item 1A on tomorrow's City Council agenda -- Nextel's proposed communication antenna on Industrial Place. He'd like you to make copies for Council. The Tahquitz River Estates Neighborhood Organization polled its 9 board members and the four who responded said they would support the proposed communication antenna if it was disguised as a monopalm. They do not support it designed as a monopole. The Warm Sands Neighborhood Organization sent out 110 e-mails. This is the communication I received from Bill Post of Warm Sands. I've bad 16 responses. 12 say "yes" while 4 say"no". Of the 12 who say"yes", 6 would like it to look like a palm or fir tree. The following link will take you to the the agenda item for the proposed tower. htti)://www.ci.palm-sprin-,s.ca.us/council a,cndas/03-05-03/1 A.pdf It seems to me that this will NOT look like a pahn or fir tree. The original plan was to make it look like a Mexican fan palm however that was not approved by the Architectural Advisory Committee. They approved the "monopole" by a vote of 7 - 0 on September 10, 2007 This proposed tower will be 10 feet shorter than the one that already exists in the area. See the attached picture. Does anyone want to change their vote? Thanks, Bill In an earlier e-mail Bill sent me the comments he'd received at that time. They were: 1. I am not in favor of this project. Thanks for the heads-up. 2. As far as the cell tower, as long as it is in the industrial area of Warm Sands, and it is camouflaged with a palm tree motif, I see nothing wrong with raising it. 3. As to the antenna, I think we need to consider the benefit of having good reception with the potential aesthetic down side. As to those who fear antennas because they cancer, well there isn't anything I can do about that. 4. RE: cell tower-4 say to the folks that are signing these contracts--put the tower within view of their kitchen/living room windows. 5. the cell tower seems like a good idea. i assume it will be a fake palm or something? 6. I don❑t want another thing blocking the mountain view. 7. Make sure the Cell Tower does not cause interference or interrupt local neighborhood homes reception. Lee Husfeldt Director of Neighborhood and Community Relations City of Palm Springs 3200 P. Tahquitz Canyon Way Palm Springs, CA 92262 760.323.8255 Lee.Husfeldt@palmsprings-ca.gov www.palmsprinpsneighborhoods.com z G'tTy OF FALH SPPPKJ ,S EXTINGUISHER CO.,1NC. LIC. #563921-C16 20081 1p, -4 Ptl 3: 04 P.O. Box 1607, Palm Springs, CA 92263 J4JIES THOI'"1PSO:d CI T Y CLERX March 4, 2008 RE: Antenna Pole 505 Industrial Place Palm Springs, CA 92264 To Whom This May Concern: My name is Denise Shayne Gilbert and my business resides at 558 Industrial Place, Palm Springs, Ca. My company name is Desert Fire Extinguisher Co. My company has been at this location for at least 40 years. 1 atn writing this letter on behalf of Sprint Nextel who is proposing to install an antenna pole at Paul Associates, 505 Industrial Place. The proposed site is across the street Ikom my business. I have no problem at all with the proposed antemia pole being installed- Fin sure my neighbors would agree with me that the antenna pole will not"cause" any problems or disarray with them. If you would like to contact me, please feel free to call me at my office. Regards, Denise Shayne Gilbert "4 D d l 7 3/S/p 760.322.0995 Palm Springs/ 760.325.7239 fax / 760.773.0046 Indio / 760.365.0124 Yucca Valley 558 E. Industrial Place, Palm Springs, CA 92264 Page 1 of 1 Kathie Hart From: David Newell Sent: March 04, 2008 1:48 PM To: Jay Thompson, Kathie Wart cc: Craig Ewing Subject: FW Sprint CUP 6.492 for antenna Jay/ Kathie, Here is a response to the Sprint Nextel project, Item 1A, on tomorrow's agenda. Sincerely, David A. Newell Associate Planner City of Palm Springs 3200 E.Iahquiu Canyon Way P O Box 2743 Palm Springs California 92263 2743 �A=almspu s_ca.gov_ http://www.gcode.us/codes/palms rip ngs/ Office 760.323.8245 Fax 760 322 6360 From: Gregory, Lynda [mailto:ljgregory@rcbos.org] Sent: Tuesday, March 04, 2008 1:32 PM To: David.Newell@paimsprings-c2i.gov Cc: JPCRIPPAN@aol.com Subject: Sprint CUP 6.492 for antenna David, please require the applicant to disguise the pole as a monopalm. Thanks! Lynda J. (Kerney) Gregory 1317 S Calle Palo Fierro Palm Springs (760) 323-2900 03/04/08 f�CCif�?1J��C CITY CC= P4Lr 2303 FEB 27 Ail 9: 11 February 22, 2008 JA?i ES TH01-9PS3Pd CiTY CLER James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Case No. 5.1080, 505 Fast industrial Place, proposed 40' monopole towel Dear Mr. Thompson, As nearby property owners, we are in receipt of your notice regarding the proposed new cell tower to be erected at 505 East Industrial Place. We just received this notice in the mail on February 21 which was too late to respond by the hearing date, but we wanted to give you our comments anyway. We own properties at 691 Industrial Place and also along Sunny Dunes at 490 E. Sunny Dunes Road. One of our lots, in the lumber yard at Builders Supply, has had a monopole cell tower on it since 1997, and we are told that at present it only has one tenant on the pole. The pole site is currently leased to T-Mobile. In the interests of community beautification and efficiency, we are wondering why a second monopole cell tower would be needed so close,just a few hundred yards away from an existing pole, when that existing pole appears to be undenitilized. These towers can handle multiple tenants (competing cell service and intemet service providers) and it seems that the city of Palm Springs would not want towers springing up in close proximity to each other, especially in a commercial area that is so close to residential zoning. Thank you for taking our comments under consideration. Very truly yours, yle Kincaid, member Fore Partners LLC 490 E. Sunny Dunes Road Palm Springs, CA 92264 1� ;akPPLMsp�r CITY OF PALM SPRINGS ti 41 �e " DEPARTMENT OF PLANNING SERVICES Y CAS IFORN�P• MEMORANDUM Date: March 5, 2008 PUBLIC HEARING To: City Council From: David Ready, City Manager Via: Craig A. Ewing, AICP, Director of Planning Services Subject: 5.1080 CUP/ 6.492 VAR— Sprint Nextel Wireless Antenna Summary On February 20, 2008, the City Council conducted a public hearing on a proposed forty- four foot high wireless communication antenna designed as a monopole. By a vote of 5 to 0, the Council restudied the project for additional noticing to the adjacent neighborhood organizations and further study of property improvements. Noticing In addition to noticing requirements required by California State Law, staff provided the following notice for the February 20, 2008 City Council meeting: 1. Public hearing notice was mailed to individual property owners beyond the three hundred feet to an additional one hundred feet radius of the subject site; 2. Neighborhood Organizations received a copy or all public hearing notices; 3. Neighborhood Organizations received a copy of all City Council agendas; Since the February 20, 2008 meeting, Lee A. Husfeldt, Director of Public Affairs, sent a direct notice regarding this application and the March 5, 2008 hearing to representatives from the Tahquitz River Estates Neighborhood Organization (TREND) and Warm Sands Neighborhood Organization. As of the writing of this report, staff has not received any correspondence From the neighborhood organizations or the public. Property Improvements The site currently has two live palms at the northwest corner of the building. The applicant has agreed to upgrade the property by adding two live palm trees to the ITEM N10, 1 northeast corner of the building. Staff believes this will improve the property and add symmetry to the front fagade. RECOMMENDATION Based on the above information regarding additional noticing and landscaping, staff along-with the Planning Commission is still recommending approval of the project. erdi ing, AKP Thomas Wilddn, Dire r of Planni Services Assistant City Manager David H- Ready, City Manager Attachments: 1. City Council Staff Report dated February 20, 2008 (w/attachments) 2. Updated Draft Resolution w/ Conditions of Approval OF 4 ALM Spy V n 4 N Eedaxm[a Knee cq</FORN�P. CITY COUNCIL STAFF REPORT DATE: February 20, 2008 PUBLIC HEARING SUBJECT: CASE NO. 5.1080 CUP / 6.492 VAR — SPRINT NEXTEL FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A FOURTY-FOUR FOOT HIGH WIRELESS COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPOLE AND A VARIANCE REQUEST TO EXCEED THE MAXIMUM ANTENNA HEIGHT OF FIFTEEN FEET LOCATED AT 505 EAST INDUSTRIAL PLACE. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a proposed forty-four foot high wireless communication antenna designed as a slim-line monopole. The project is also seeking approval of a Variance to Section 93.08.03(A)(1)(c)(B) of the Palm Springs Zoning Code to exceed the maximum antenna height of fifteen feet to the requested forty-four feet. The application includes four equipment cabinets and a seven foot high block screening wall. Staff has noticed this meeting for a public hearing. RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 5.1080 TO INSTALL A FORTY-FOUR FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED AS A MONO L- —AND A VARIANCE TO EXCEED THE 15 FOOT MAXIMUM ANTENNA HEIGHT LOCATED AT 505 EAST INDUSTRIAL PLACE." �aerf City Council Staff Report February 20, 2008--Page 2 5 1080 CUP—Sprint Nextel PRIOR ACTIONS: On July 24, 2006, and July 9, 2007, the Architectural Advisory Committee (AAC) reviewed the proposed antenna designs and recommended a restudy for an alternative design. The designs proposed were a Mexican Fan Palm and a roof-top mounted unit. On September 10, 2007, the AAC reviewed the proposed monopole and by a vote of 7- 0 recommended approval of the project to the Planning Commission. On January 23, 2008 the project was reviewed by the Planning Commission and recommended approval to the City Council by a vote of 5-0-2 (Caffery and Cohen absent). STAFF ANALYSIS: The project consists of a Type II Conditional Use Permit (CUP) application to conditionally establish the use of a wireless communication antenna with the necessary findings, pursuant to Section 94.02.00 of the Palm Springs Zoning Code (PSZC), and a Variance application to allow the antenna to exceed the maximum antenna height of fifteen feet to the requested forty-four feet. The proposed project would be located at 505 East Industrial Place. A more detailed analysis is provided in the attached Planning Commission Staff Report dated January 23, 2008. Findings in support of approving the proposed project are included in the attached draft resolution of approval. FISCAL IMPACT: There is no cost to the City associated with the construction of the proposed wireless communications facility. r A. wing, P Thomas Wilso Di eetorroof Planr in Services Assistant City Manager David H. Ready, City Manager Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Site Plan and Elevations 4. Planning Commission staff report dated January 23, 2008 5. Planning Commission draft minutes dated January 23, 2008 (excerpt) d 6 0 Q G 4 Department of Planning Services wE r Vicinity Map 5 I ' a p SUNNY DUNES RD u I O I I ¢ I I INDUSTRIAL PL ' - NRIbERSIOE OR Legend q I 400 Foot Radius ' Project Site a Surrounding Parcels SAN LORENZO RD CITY OF PALM SPRINGS CASE NO: 5.1080 CUP DESCRIPTION: To consider an application by Sprint 6.492 VARIANCE Nextel for a Conditional Use Permit to install a forty- two foot tall commercial communication antenna APPLICANT: Sprint Nextel designed as a monopalm with equipment cabinets and a Variance to exceed the fifteen feet antenna height maximum at 505 East Industrial Place, zoned C-M. APN:508-162-009. OD�f1�5 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 5.1080 TO INSTALL A FORTY-FOUR FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED AS A MONOPOLE AND A VARIANCE TO EXCEED THE 15 FOOT ANTENNA HEIGHT MAXIMUM LOCATED AT 505 EAST INDUSTRIAL PLACE. WHEREAS, Sprint Nextel ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code (PSZC) for the installation of a commercial communications antenna on a forty-four foot high slim-line monopole and an application pursuant to Section 94.06.00 of the PSZC to exceed the fifteen foot antenna height maximum located at 505 East Industrial Place, C-M Zone, Section 23; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit 5.1080 and Variance 6.492 was given in accordance with applicable law; and WHEREAS, on January 23, 2008, a public hearing on the application for Conditional Use Permit 5.1080 and Variance 6.492 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on January 23, 2008, the Planning Commission recommended approval of Conditional Use Permit 5.1080 and Variance 6.492 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 5.1080 and Variance 6.492 was given in accordance with applicable law; and WHEREAS, on February 20, 2008, a public hearing on the application for Conditional Use Permit 5.1080 and Variance 6.492 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. Qfl��l (1 Resolution No, 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. The subject property is developed with buildings that exceed heights of twenty-five feet to the north, east and west, and an antenna height of fifteen feet will not allow the cellular provider to supply its users with adequate coverage. The study provided by the applicant, as required in Section 93.08.03(8) of the Palm Springs Zoning Code, indicates that a fifteen foot antenna will not satisfy the necessary coverage due to inhibiting factors. These factors include terrain variations, foliage and man-made structures 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. A similar antenna of fifty-five feet tall was granted for another provider at a property located at 495 East Sunny Dunes Road. The site is within the same vicinity and zoning designation as the proposed facility. 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. 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. Resolution No. Page 3 The increase in antenna height above the fifteen foot maximum has been shown by another provider within the vicinity to not be materially detrimental to the public health, safety or welfare, or injurious to property in the vicinity. All other development standards are met by this proposal. 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 (Sprint Nextel) provided a study that shows that the height limit of fifteen feet will not provide the necessary coverage objectives. A Federal Communications Commission licensed radio frequency engineer provided diagrams that show the top of the antenna at a height of fifteen feet compared to forty-four feet. The forty-four foot high antenna would provide more than double the amount of geographical coverage than that of a fifteen foot high antenna at the subject site. The maximum height of fifteen feet does not appear to achieve and maintain satisfactory communications with the specified height limitations. Section 3. Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: 1. 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 C-M Zone with the approval of a Type II Conditional Use Permit. 2. 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 000008 Resolution No. Page 4 uses 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 within 600 feet of another monopole and in a commercial-industrial area, which is an acceptable environment for the location of wireless communication antennas. The antennas will be entirely concealed within the monopole. The proposal is unlikely to be detrimental to existing or future uses permitted within the zone. 3. 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 proposed communication antenna is located in a parking lot that will be required to meet the current Zoning Code with the construction of the monopole in order to adjust said use to the existing and permitted future uses of the land. Landscaping will be added to soften the appearance of the equipment wall. 4. 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 to and from the site will be for servicing the antenna and equipment, the existing infrastructure is anticipated to accommodate the traffic necessary for the maintenance of the facility. 5. 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 will 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. Resolution No. Page 5 Section 4. The City Council approves Conditional Use Permit Case No. 5.1080 and Variance Case No. 6.492, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 201" day of February, 2008. David H. Ready, City Manager ATTEST: James 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. 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 000010 Resolution No. Page 6 EXHIBIT A CONDITIONAL USE PERMIT 5.1080 VARIANCE 6.492 SPRINT NEXTEL 505 EAST INDUSTRIAL PLACE FEBRUARY 20, 2008 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. 1. Prior to issuance of building permit, the applicant shall submit a re-paving and re- striping plan for the parking lot to the Department of Planning Services for review and approval. The plan shall be consistent with Section 93.06.00 of the Palm Springs Zoning Code to the satisfaction of the Director of Planning Services. The parking lot shall be re-paved and re-stripped prior to issuance of Certificate of Occupancy. 2. 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. 2a.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 5.1080 — CUP and 6.492 — 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 Resolution No. Page 7 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. 3. 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 Planning Commission upon demonstration of good cause. 4. The antennas shall be completely concealed within the monopole. 5. If the communications antennae, monopole, monopole or equipment 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 Services for review and approval prior to installation. 6. 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. 7. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application. 8. The maximum height of the commercial communication antenna shall be forty- four feet (44'), as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the palm fronds. 9. If the antenna is ever abandoned or if this Conditional Use Permit ever expires, the antennae, pole, and equipment shelter shall be removed within 30 days. 10.Manufacturer's cut sheets of the proposed antennae shall be submitted to the Director of Planning Services prior to the issuance of permits for installation of the commercial communications antennae. 11.This project shall be subject to Chapters 224 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 QQQTt� a Resolution No. Page 8 Planning Services 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. 12.The applicant shall comply with the requirements of the Federal Aviation Administration (FAA). Proof of compliance shall be provided to the Director of Aviation to the Director of Planning Services prior to the issuance of building permits. The applicant needs to file a 7460 for with the FAA for an obstruction of airspace review to determine any frequency interference with the Air Traffic Control Tower. 13.The City may require one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of the tower as deemed necessary by the Director of Aviation and the Director of Planning Services. 14.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 applicantioperator, the other proposed wireless communications provider, and the property owner. 15.Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces as required by Section 93.06.00(E)(6) of the Palm Springs Zoning Code. POLICE DEPARTMENT 16.Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 17. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 18.Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Numbers shall be a minimum 4 inches, and of contrasting color to the background. 19.Fire Extinguisher Requirements: As determined necessary by the Chief of Fire, provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. (1002.1 CFC) Extinguishers shall be Resolution No. Page 9 mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is along the path of exit travel or near an exit door. Extinguishers located outdoors must be installed in weather and vandal resistant cabinets approved for this purpose. 20.Emergency Key Box: Knox key box(es) are required. Box(es) shall be mounted at 6 feet above grade. Show location of box(es) on plan elevation views. Show requirement in plan notes. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) ENGINEERING DEPARTMENT None END OF CONDITIONS 011116 � Sprinf � ` � Yopa4xrmn NIXiC4 I � \ NEW SPRINT NEXTEL I�� ` � LEASE AREA I� owmEnSi 5 o o al 'qft II_— ^II SAC Fiulesl,kF '— __ RIDGE BIINNEp (PAl1L A880CIATE8) �i mer d O e ICICL ,.X,.[.'µ,a,.0�.reOssNµ` C .n., n.�.„�^.�. BITE PLAN SITE PLAN ^' ' p;o.[.,<.,.[[a..,.,[.,.[I,.,..,[o�.,�,.[I� �-� � _ _��_-=__- _ _._- ---�; Sprint• o• .. ,�. .,�o„..,�.,[o,o I �, — � _—�.--_ _ ,woHo[�,�N3YiF1 '[.e.��l,.�.„r,.,.,.,,, � i i �,TAC1F/rrekfr,Int x xmn me w�i o[mx.n[n�o mm�[r, \ 300' x 60'w en•a rum m•.inu •xi ,... .„ [M co-w•m•rzennn[nw. -{�+}-, KIMIITH I2IMOTH MITCL n �o a,„n,[e. ,o.m,�,.,.,e — ®�� 7 1 imu ,,.,.,, azimu ?— ) �+ - ^%`•-""— I� RIGGE RUNNER f � � I (PAUL ASSOCIATES) LL a ••. -•- ..• . ` �® � - —J �� - W// _` J ENLARGED SITE PLAN ICJ A-2 ENLARGED SITE PLAN ��� 9 SpMt: TYy-w O N= IT 3 � NATIOhlAL Y '' �,fAC WrnlecS la. SOUTH ELEVATION =CA7 1 G _ ARCHITECTURAL EAST ELEVATION OF BALM S P� � !C C,J N y`�'°°• PLANNING COMMISSION STAFF REPORT r4�1 FaR�*� Date: January 23, 2008 Case No.: 5.1080 — CUP / 6.492 — VAR Type: Conditional Use Permit and Variance Location: 505 Industrial Place APN: 508-162-009 Applicant: Sprint Nextel General Plan: Mixed Use / Multi-Use Zone: C-M (Commercial Manufacturing) From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: David A. Newell, Assistant Planner PROJECT DESCRIPTION: The application is a request by Sprint Nextel, authorized agent for Michael W. Rice (owner), for a Conditional Use Permit for the installation of a forty-four foot high wireless communication antenna designed as a slim-line monopole and a Variance request to exceed the maximum antenna height of fifteen feet. The request includes four equipment cabinets and a seven-foot high block wall for screening purposes located at 505 East Industrial Place. RECOMMENDATION: That the Planning Commission recommends approval of the Conditional Use Permit and Variance to the City Council for the installation of a forty-four foot tall commercial communication monopole located at 505 East Industrial Place. D000Ls Planning Commission Staff Report January 23, 2008 Case 5.1080—CUP/6.492—VAR Page 2 of 7 PRIOR ACTIONS: On July 24, 2006, and July 9, 2007, the Architectural Advisory Committee (AAC) reviewed the proposed antenna designs and recommended a restudy for an alternative design. The designs proposed were a Mexican Fan Palm and a roof-top mounted unit. On September 10, 2007, the AAC reviewed the proposed monopole and by a vote of 7- 0 recommended approval of the project to the Planning Commission. BACKGROUND: Sprint Nextel ("the applicant") has submitted an application for a Type II Conditional Use Permit for the operation of a wireless facility within a lease area of approximately 421 square feet. The applicant has secured a Letter of Authorization from the property owner to proceed with the Type II Conditional Use Permit application. The project site is a flat deteriorated parking lot, located along the south side of East Industrial Place. The parking lot serves the existing commercial-industrial building to the west. The wireless facility is proposed to be located towards the west side of the parking lot. The nearest wireless facility to the site is operated by T-Mobile — a fifty-five foot high slim-line monopole at 490 East Sunny Dunes Road (Builder's Supply) — approximately 600 feet away. The proposed wireless communication antenna, which is designed as a monopole will include the placement of four mechanical equipment cabinets. The equipment cabinets will be surrounded by a seven foot high block wall for screening purposes. Table 1: Adjacent General Plan Designations, Zones and Land Uses General Plan Zoning Existing Land Uses North Mixed Use / Multi-Use C-M Industrial South Mixed Use / Multi-Use W Wash East Mixed Use / Multi-Use C-M Industrial West Mixed Use / Multi-Use C-M Industrial ANALYSIS: The General Plan designation of the subject site is Mixed Use / Multi-Use. While the General Plan does not specifically regulate the installation and operation of wireless communication facilities, staff believes the use as proposed is compatible with this designation. The zoning designation is C-M (Commercial Manufacturing); the use is 000019 Planning Commission staff Report January 23, 2008 Case 5.1080—CUP 16.492—VAR Page 3 of 7 permitted with the approval of a Type II Conditional Use Permit, pursuant to Section 93.08 and 94.02 of the Palm Springs Zoning Code (PSZC). Table 2: Antenna development standards: 93.08.03(A)(1)(c)(B) "Antennas" and Proposed Project 92,15.03 "C-M Zone" Requirements (approx.) Height 15 feet 44 feet Front Yard Setback None 38 feet Side Yard Setback None 3 feet and 93 feet Rear Yard Setback None 37 feet Parking The proposed antenna and equipment cabinets will occupy approximately three parking spaces in the parking lot. Due to the project's location within the parking lot, the applicant will be required to install a curb five feet from the face of the new wall. Staff is recommending Condition of Approval No. 1 to satisfy this requirement of the PSZC. The square footage of the building that the parking area serves is approximately 13,000 square feet. Pursuant to Section 93.06.00(D)(17) of the PSZC, one space for every five hundred square feet of gross leasable floor area requires a total of 26 parking spaces. The site's parking lot does not have delineated parking stalls and the pavement is depleted; therefore, staff is recommending Condition of Approval No_ 2 to require that the applicant submit a re-paving and re-striping plan for the parking lot to the Director of Planning Services for review and approval, prior to installation of the antenna. Antenna Height Pursuant to Section 93.08.03(A)(2)(c)(ii) of the PSZC, the height and placement limitations of communication antennas within Commercial and Professional Zones is required to comply with the provisions governing broadcast receiving antennas or Section 93.08.03(A)(1)(c)(B) of the PSZC, which states... "If the antenna is not mounted on the building, no part of the antenna structure shall extend to a height of more than fifteen (15) feet above the ground level nor shall it be located within any required yard." The proposal is for a ground-mounted antenna with a height of forty-four feet; therefore, the applicant has requested a Variance to this Section of the PSZC. Findings in support of the proposed forty-four foot high antenna are found below. REQUIRED FINDINGS: Variance Pursuant to the procedure set forth in Section 94.06.01 of the Zoning Code, the Director of Planning Services may grant variances to Section 93.08.03 of the PSZC. State law 0000�0 Planning Commission Staff Report January 23, 2008 Case 5.1080—CUP/6.492—VAR Page 4 of 7 requires four (4) findings be made for the granting of a variance application. 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 is developed with buildings that exceed heights of twenty-five feet to the north, east and west, and an antenna height of fifteen feet will not allow the cellular provider to supply its users with adequate coverage. The study provided by the applicant, as required in Section 93.08.03(B) of the Palm Springs Zoning Code, indicates that a fifteen foot antenna will not satisfy the necessary coverage due to inhibiting factors. These factors include terrain variations, foliage and man-made structures 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. A similar antenna of fifty-five feet tall was granted for another provider at a property located at 495 East Sunny Dunes Road. The site is within the same vicinity and zoning designation as the proposed facility. 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. 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 increase in antenna height above the fifteen foot maximum has been shown by another provider within the vicinity to not be materially detrimental to the public health, safety or welfare, or injurious to property in the vicinity. All other development standards are met by this proposal. 4) The granting of such variance will not adversely affect the general plan of the city. The proposed project has been analyzed and evaluated 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 of Planning Services makes the following finding in addition to those required above: 000a2 - Planning Commission Staff Report January 23, 2008 Case 5.1080-CUP/6,492-VAR Page 5 of 7 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 (Sprint Nextel) provided a study that shows that the height limit of fifteen feet will not provide the necessary coverage objectives. A Federal Communications Commission licensed radio frequency engineer provided diagrams that show the top of the antenna at a height of fifteen feet compared to forty-four feet. The forty-four foot high antenna would provide more than double the amount of geographical coverage than that of a fifteen foot high antenna at the subject site. The maximum height of fifteen feet does not appear to achieve and maintain satisfactory communications with the specified height limitations. Conditional Use Permit The request is subject to the required findings of a Conditional Use Permit as contained in Section 94.02.00 of the PSZC. Staff has analyzed the request in light of the required 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 Ordinance, a commercial communications antenna is authorized within the C-M 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 development of adequate cellular phone levels of services serves the ultimate benefit of the community. The antenna will be located within 600 feet of another monopole and in a commercial-industrial area, which is an acceptable environment for the location of wireless communication antennas. The antennas will be entirely concealed within the monopole. The proposal is unlikely to be detrimental to existing or future uses permitted within 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. Planning Commission Staff Report January 23, 2008 Case 5.1080—CUP/6.492—VAR Page 6 of 7 The proposed communication antenna is located in a parking lot that will be required to meet the current Zoning Code with the construction of the monopole in order to adjust said use to the existing and permitted future uses of the land. Landscaping will be added to soften the appearance of the equipment wall. 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 to and from the site will be for servicing the antenna and equipment; 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 will 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. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 16332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA). NOTIFICATION: A notice was mailed to all property owners within a four hundred (400) foot radius in accordance with state law. As of the date of writing this staff report, there have been no comments received. David A. Newell 4Diof ing, AI Assistant Planner Plann g ervices Planning Commission Staff Report January 23, 2008 Case 5.1080—CUP /6.492—VAR Page 7 of 7 ATTACHMENTS: - 400' Radius Map - Draft Resolution with Conditions of Approval - Site Plans Elevations Plan Variance Height Study j City of Palm Springs Planning Commission Minutes of January 23,2008 MISCELLANEOUS 3. Case 5.1188 - A conformity report for the proposal by -. a Agua Caliente Band of Cahuilla Indians Cultural Indian's Cultural M eum project located at the southeast corner of East T q 'tz Canyon Way and Hermosa Drive, Zone RA, Section 14, '$�)OQ-038 and 040. (Project Planner: Diane A. Bullock, Associat Ian i r) ti'+FCyq- Diane Bullock, Associate Planner provided ba p groundfinfomiation as outlined in the staff report dated January 23, 2008. Ms, B ock „fex rted that stasis recommending several traffic improvement measures, i uding. insta7)ation of a trfip signal at the intersection of Tahquitz Canyon Way a Herrnrcsa Drive„ Commissioner Ringlein noted th she attended"4hL-::.Ardhitectural Advisoiy Committee meeting, when this project s presented, and th `consensus was that this is an excellent design. -Tom Davis, Chief PI ning & DevelrrietO�fficer, AguaCaliente Band of Cahuilla Indians, stated theievelopment teamk�s av ilableyfor questions and provided further details on the trib ' reviewprocess. h %° , , M/SIC (Ring) n/Coheh, 6-offi_4ecommond;approval to the City Council, as amended: -Inclusio of the revised; tgge,(ny;�-,,t4d enginaering;;Conditions. Pl��r'Y�r"i"�� 11`l• t�-ai,v'.ry nii'Fi5"• PUBLI + EARIN� `, 4. C 5.1080 C 1^6.492 :4/AR - An application by Sprint Nextel for a Con nal Use it o install a forty-four foot high communication antenn signed a slim-line monopole with equipment cabinets and a Variance cee .the fifteen foot antenna height maximum located at 506 East Indus 1 ce, Zone C-M, Section 23, APN: 508-162-009. (Project Planner; Dav . Newell, Assistant Planner) David A. Newell, Assistant Planner, provided background information as outlined in the staff report dated January 23, 2008. Mr. Newell noted on page 3 of the staff report that it should reflect condition#1 regarding re-paving and re-striping of the parking lot. 3 City of Palm Springs Planning Commission Minutes of January 23, 2008 Chair Marantz opened the Public Hearing: -Lang Cornell, Palm Springs, managing partner, Five Star Property Development, requested consideration be taken for the surrounding redevelopment of the neighborhood; and noted their preference for a monopalm with palm trees to camflouge the antenna. A; -Michael Rice, Palm Springs, owner of the property, stated- ie,rhas upgraded the property and felt that the antenna would not be an eye-sor`,d" the new development across the street. 17 There being no further appearances, the Public Hearing was close'cj:=a,, Commissioner Ringlein stated she felt that utility poles are more ofFeisiyethan cell towers and agreed that a monopalm with surrounding palm trees would'-lopk better in this area. - Commissioner Scott stated he felt'-,a monopalm aridusurrounding palm trees would cluster the area and preferred a mono I' :,: Commissioner Caffery noted this is exacfFy what th tComm1'. has requested. , r ,, 25Dv',r;_,�.r Vice Chair Hochanade(,•nrited.:his preferen, or a monopalm at this location noting that a monopole would lookout of character with".ihe surrounding environment. 121 M/S/C (Caffery/Scott,"5,,1Nice,:Cha. Hoc hana:ddl) To recommend approval to the City Council, subject to Condit$onsfo `Apptova6 l 5. Case 5.1182 CLIP;,>i;An application by Kum Ja C g, dba North End Market „ ..,..: and Liquor, for a Conditiortl Use Permit to ! w the use of a convenience / liquoit store at 193d5::North Indian Cany rive, Zone HC, Section 15, APN: (Proj66CR,Ianner: David A. Newell sistant Planner) David Newell, As�'is'tant Planner, - ovided background information as outlined in the staff report dated Jari,Uary 23, 08. Chair Marantz opene the Public Hearing. There being no appearances, the Public Hearing was closed M/SIC (Ri ein/Cohen, 6-0) To approve, subject to Conditions of Approval. 4 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION 0 1 CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: February 20, 2008 Subject: CASE NO. 5.1080 CONDITIONAL USE PERMIT 18.492 VARIANCE SPRINT NEXTEL - 505 EAST INDUSTRIAL PLACE AFFIDAVIT OF MAILING I, Kathie Hart, CMC, 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 or before February 8, 2008, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (43 notices) I declare under penalty of perjury that the foregoing is true and correct. 1A© Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, 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 February 9, 2008, 1 declare under penalty of perjury that the foregoing is true and correct. pAakv Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, 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 or before February 8, 2008, 1 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstein, Secretary QgQ027 NEIGHBORHOOD COALITION REPS Case 5.1080 CUP16.492 VAR MR PETE MORU=I Sprint Nextel MODCOM AND PALM SPRINGS MODERN COMMITTEE PHN for CC Meeting 02.20.08 HISTORIC SITE REP 1 1 I PO BOX 4738 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT CASE 5.1080 CUP VERIFICATION NOTICE 1 1 1 ATTN SECRETARY MRS.JOANNE BRUGGEMANS PO BOX 2743 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92263-2743 PALM SPRINGS, CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS INDIANS I I I I 1 1 5401 DINAH SHORE DRIVE PALM SPRINGS CA 92264 MR JACOB FINNEY NEXTEL COMMUNICATIONS - - ALCOA 310 COMMERCE SPONSORS 201 ISABELLA STREET IRVINE, CA 92602-1300 _ PITTSBURGH, PA 15212 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.1080 CONDITIONAL USE PERMIT 16.492 VARIANCE SPRINT NEXTEL 505 EAST INDUSTRIAL PLACE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of February 20, 2008. The City Council meeting begins at 6:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider an application by Sprint Nextel for a Conditional Use Permit to install a forty-four foot tall commercial communication antenna designed as a monopole with equipment cabinets and a Variance to exceed the fifteen feet antenna height maximum at 505 East Industrial Place, zoned C-M. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA). REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are available for public review at City Hall between the hours of 8.00 a.m. and 5:00 p.m. Monday through Friday. 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][21). 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 Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. f ?mer,Thompson, City Clerk Department of Planning Services N 4 W�E Vicinity Map s SUNNY DUNES RD u • . INDUSTRIAL RL --- - - --- - I _ NRIVERSIbEO' I I Legend q . 9 400 Foot Radius Project Site ; y Surrounding Parcels SAN LORENZO RD CITY OF PALM SPRINGS CASE NO: 5.1080 CUP DESCRIPTION: To consider an application by Sprint 6.492 VARIANCE Nextel for a Conditional Use Permit to install a forty- two foot tall commercial communication antenna APPLICANT: Sprint Nextel designed as a monopalm with equipment cabinets and a Variance to exceed the fifteen feet antenna height maximum at 505 East Industrial Place, zoned C-M. APN:508-162-009. pAIM SA City of Palm Springs Office of the City Cleric CORPoinrtv ` ` 3200 C.Tihyw[z C.myen Way ' Palm SIDEMgS, CahrnrnIa 9226' CqL IFOR4` Tel. (/60) 323-S20 I ' Fax. (760) 322-5332 ' Web. mm.palLusprings-ca.gov NOTICE or CONTINUANCE NOTICE IS HEREBY GIVEN that the regular meeting of February 20, 2008, Public Hearing Item No. 1.B. CONDITIONAL USE PERMIT 6.492 APPLICATION BY SPRINT NEXTEL, TO INSTALL A 44 FOOT TALL COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPALM WITH EQUIPMENT CABINETS AND A VARIANCE TO EXCEED THE 15 FEET ANTENNA HEIGHT MAXIMUM LOCATED AT 505 EAST INDUSTRIAL PLACE, CASE 5.1080-6.492 VAR The City Council continued the public hearing to Wednesday, March 5, 2008, at the Council Chamber, City Hall, 3200 Tahquitz Canyon Way, at 6.00 p.m., or as soon thereafter as possible. AFFIDAVIT OF POSTING State of California ) County of Riverside ) ss. City of Palm Springs ) I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice of Continuance was posted at or before 5:30 p.m., February 21, 2008, as required by established policies and procedures. J mes Thompson - _ - ity Clerk FI WSERS%C-CLKIFIearing NoticesWOTICE OF CONT- Sprint Nextel.doc Post Office Box 2743 • Palm Springs, California 92263-2743 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 5.1080 TO INSTALL A FORTY-FOUR FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED AS A MONOPOLE AND A VARIANCE TO EXCEED THE 15 FOOT ANTENNA HEIGHT MAXIMUM LOCATED AT 505 EAST INDUSTRIAL PLACE. WHEREAS, Sprint Nextel ("Applicant") has filed an application with the City pursuant to Section 94.02.00 of the Palm Springs Zoning Code (PSZC) for the installation of a commercial communications antenna on a forty-four foot high slim-line monopole and an application pursuant to Section 94.06.00 of the PSZC to exceed the fifteen foot antenna height maximum located at 505 East Industrial Place, C-M Zone, Section 23; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit 5.1080 and Variance 6.492 was given in accordance with applicable law; and WHEREAS, on January 23, 2008, a public hearing on the application for Conditional Use Permit 5.1080 and Variance 6.492 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on January 23, 2008, the Planning Commission recommended approval of Conditional Use Permit 5.1080 and Variance 6.492 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 5.1080 and Variance 6.492 was given in accordance with applicable law; and WHEREAS, on February 20, 2008, the City Council restudied the project for additional noticing to the adjacent neighborhood organizations and further study of properly improvements; and WHEREAS, on February 23, 2008, a public hearing on the application for Conditional Use Permit 5.1080 and Variance 6.492 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 000032 Resolution No. Page 2 WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 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. The subject property is developed with buildings that exceed heights of twenty-five feet to the north, east and west, and an antenna height of fifteen feet will not allow the cellular provider to supply its users with adequate coverage. The study provided by the applicant, as required in Section 93.08.03(B) of the Palm Springs Zoning Code, indicates that a fifteen foot antenna will not satisfy the necessary coverage due to inhibiting factors. These factors include terrain variations, foliage and man-made structures 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. A similar antenna of fifty-five feet tall was granted for another provider at a property located at 495 East Sunny Dunes Road. The site is within the same vicinity and zoning designation as the proposed facility_ 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. 000033 Resolution No. 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 increase in antenna height above the fifteen foot maximum has been shown by another provider within the vicinity to not be materially detrimental to the public health, safety or welfare, or injurious to property in the vicinity. All other development standards are met by this proposal. 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 (Sprint Nextel) provided a study that shows that the height limit of fifteen feet will not provide the necessary coverage objectives. A Federal Communications Commission licensed radio frequency engineer provided diagrams that show the top of the antenna at a height of fifteen feet compared to forty-four feet. The forty-four foot high antenna would provide more than double the amount of geographical coverage than that of a fifteen foot high antenna at the subject site. The maximum height of fifteen feet does not appear to achieve and maintain satisfactory communications with the specified height limitations. Section 3. Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: 1. 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. 00003� Resolution No. Page 4 Pursuant to Section 04.02.00(A)(2)(f) of the Palm Springs Zoning Ordinance, a commercial communications antenna is authorized within the C-M Zone with the approval of a Type II Conditional Use Permit. 2. 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 development of adequate cellular phone levels of services serves the ultimate benefit of the community. The antenna will be located within 600 feet of another monopole and in a commercial-industrial area, which is an acceptable environment for the location of wireless communication antennas. The antennas will be entirely concealed within the monopole. The proposal is unlikely to be detrimental to existing or future uses permitted within the zone. 3. 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 proposed communication antenna is located in a parking lot that will be required to meet the current Zoning Code with the construction of the monopole in order to adjust said use to the existing and permitted future uses of the land. Landscaping will be added to soften the appearance of the equipment wall. 4. 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 to and from the site will be for servicing the antenna and equipment; the existing infrastructure is anticipated to accommodate the traffic necessary for the maintenance of the facility. 5. 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 0150635 Resolution No. Page 5 the applicant for approval and will 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. Section 4. The City Council approves Conditional Use Permit Case No. 5.1080 and Variance Case No. 6.492, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 5"' day of March, 2008. David H. Ready, City Manager ATTEST: James 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. 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 000036 Resolution No. Page 6 EXHIBIT A CONDITIONAL USE PERMIT 5.1080 VARIANCE 6.492 SPRINT NEXTEL 505 EAST INDUSTRIAL PLACE MARCH 5, 2008 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- 1. Prior to issuance of building permit, the applicant shall submit a re-paving and re- striping plan for the parking lot to the Department of Planning Services for review and approval. The plan shall be consistent with Section 93.06.00 of the Palm Springs Zoning Code to the satisfaction of the Director of Planning Services. The parking lot shall be re-paved and re-stripped prior to issuance of Certificate of Occupancy- 2- 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. 2a.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 5.1080 — CUP and 6.492 — 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 Resolution No. Page 7 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. 3. 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 Planning Commission upon demonstration of good cause. 4. The antennas shall be completely concealed within the monopole. 5. If the communications antennae, monopole, monopole or equipment 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 Services for review and approval prior to installation. 6. 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. 7. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application. 8. The maximum height of the commercial communication antenna shall be forty- four feet (44'), as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the palm fronds. 9. If the antenna is ever abandoned or if this Conditional Use Permit ever expires, the antennae, pole, and equipmenL shelter shall be removed within 30 days. 10.Manufacturer's cut sheets of the proposed antennae shall be submitted to the Director of Planning Services prior to the issuance of permits for installation of the commercial communications antennae. 11.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 Services and the Public Arts Commission, and the property owner shall Resolution No. Page 8 enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 12.The applicant shall comply with the requirements of the Federal Aviation Administration (FAA). Proof of compliance shall be provided to the Director of Aviation to the Director of Planning Services prior to the issuance of building permits. The applicant needs to file a 7460 for with the FAA for an obstruction of airspace review to determine any frequency interference with the Air Traffic Control Tower. 13.The City may require one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of the tower as deemed necessary by the Director of Aviation and the Director of Planning Services. 14.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. 15_Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces as required by Section 93.06.00(E)(6) of the Palm Springs Zoning Code. POLICE DEPARTMENT 16.Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 17.Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 18.Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Numbers shall be a minimum 4 inches, and of contrasting color to the background. 19.Fire Extinguisher Requirements: As determined necessary by the Chief of Fire, provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is along the path of exit travel or near an exit door. Extinguishers located 000039 Resolution No. Page 9 outdoors must be installed in weather and vandal resistant cabinets approved for this purpose. 20.Emergency,Key Box: Knox key box(es) are required. Box(es) shall be mounted at 6 feet above grade. Show location of box(es) on plan elevation views. Show requirement in plan notes. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) ENGINEERING DEPARTMENT None END OF CONDITIONS 00a,