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HomeMy WebLinkAbout2/20/2008 - STAFF REPORTS - 1.B. °F p A I.M Sp4 iy V N A�o�niFO� Cq4/F'°Q�,,P CITY COUNCIL STAFF REPORT DATE: February 20, 2008 PUBLIC HEARING SUBJECT: CASE NO. 5.1080 CUP 1 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 MONOPALM AND A VARIANCE TO EXCEED THE 15 FOOT MAXIMUM ANTENNA HEIGHT LOCATED AT 505 EAST INDUSTRIAL PLACE." Item 1 . 13 . 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 O�A ' wing, P� P Thom.�ass7Wiilso Di or of Plan,m 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) Department of Planning Services ,+, Vicinity Map s i _ I s 0 SUNNY DUN�s RD I I � a a i I INDUSTgIAL PL .. N R VFRSDp OR Legend a w 400 Foot Radius ProJeot Site o- Surrounding Parcels SAN LOPENzo Ro 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. 00006 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 6.402 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. 00000� 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(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. 000005 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 000006 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 an 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. aaaa � � 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 20th 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 000OG6 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 0000G,3 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 000010 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 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 11 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 OHM 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 000012 \ Sprint'> NEW SPRINT NEXTEL LEASE AREA _ ou47RraL nNiv� NATIONAL - _ h � __ _ I/ ilSl lilt ---wfR5i0t ORi - ark. UT-1 CA-53075--�- - RIoOE RUNNER (P)WL ASSO01ATFS) cz SITE PLANS N CD . SITE PLAN "o,Ez. L" --+- _ // „Z,NAANAL ON unn mew m",nn'ne nte"en 301I' '''ppnae ax�wu.rmr.en i. «n •.' AZIMUTH nzIMUTH A IMUT I zl.//l '4-1 __________� ENLARGED SITE PLAN r ENLARGED SITE PLAN S" l -"' r.•-� w ��� i Sprint� NATIONAL a SAC7;uir,I= SOUTH ELEVATION , RIDGE RUNNER � (PAUL ASSOCIATES) r O ARCHITECTURAL~ ELEVATIONS EAST ELEVATION OF PALM 3 A� u' k w PLANNING COMMISSION STAFF REPORT ��ctroRN"P Date: January 23, 2008 Case No.: 5.1080 — CUP 16492 --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. 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 Planning Commission Staff Report January 23, 2008 Case 5.1080—CUP/6.492—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 000018 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: 00a101Q 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 15332 (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. I" � David A. Newell ai ing, AI Assistant Planner Di of 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 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 ,itx Canyon Way and Hermosa Drive, Zone IRA, Section 14, U8�00-038 and 040. (Project Planner: Diane A. Bullock, Associat lanl r) Ali.1 Diane Bullock, Associate Planner provided ba ground�inforrnatl1, as outlined in the staff report dated January 23, 2008. Ms. B ock„reJ?�orted that St F. IS recommending several traffic improvement measures, i uding�,rinstallation of a tr. ]Pic signal at the intersection of Tahquitz Canyon Way a Herr�Qsa Drive Commissioner Ringlein noted th she attended`�t�e;.,Archifectural Advisory Committee meeting, when this �'`" g, project s presented, and fhe consensus was that this is an excellent design. -Tom Davis, Chief PI ning & Develo Me[�f:�(��ficer, Agua��Galiente Band of Cahuilla Indians, stated their evelopment team s av� I.`e:for questions and provided further details on the trib ' review process. ' VF MISIC (Ring] nlCohei'i; 6-6)V, .recommend approval to the City Council, as amended: -Inclusio of the revisetggesed engineering,c'bnditions. PUBLI EARINGSs 4. C 5,1080 CUT 6.492 F AR - An application by Sprint Nextel for a Con nal Use ,mit to install a forty-four foot high communication anten signed a slim-line monopole with equipment cabinets and a Variance cee 4he fifteen foot antenna height maximum located at 505 East Indus 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 an page 3 of the staff report that it should reflect condition#k1 regarding re-paving and re-striping of the parking lot, 3 000023 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. 41 -Michael Rice, Palm Springs, owner of the property, state., �4he*has upgraded the and felt that the antenna would not be an e e sol' ' o the new development property Y - . ,x..' P across the street. There being no further appearances, the Public Heafjig was Commissioner Ringlein stated she felt that utility' poles are more 'VofFersye,Ihan cell towers and agreed that a monopalm with suRod.6hding palm trees would .LtSok better in this area. ';w? y Commissioner Scott stated he felt=a,monopalm an'dy surrounding palm trees would cluster the area and preferred a monopoje:,.,,T Commissioner Caffery noted this is exaotfy whatthC,ommission has requested. Vice Chair Hochanadel,li,f tk�bis preferenc or a mortapaI at this location noting that a monopole would lo(Jk'"out of character with``the surrounding environment. MIS/C (Caffery/Scott,"5, 1,Nice "Chair Hochana-del) To recommend approval to the City Council, subject to Conditfdr}s:`of App"riVaLW..., :, " 5. Case 5.1182 CUP? ;,_.'An application by Kum Jai g, dba North End Market :�.;_- �anr ; i,quor, for a C'rsnditional Use permit to IX he use of a convenience / :,•.A liquo�-store at 1934 North Indian Can nve Zone HC, Section 15, APN: (Proje4tn�,lanner: 6avid A. Newell sistant Planner) David Newell, As's1, t° planner,,p ovided background information as outlined in the staff report dated Jaij;Uary 23, Ot38. Chair Marantz opene e 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 000024 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION (V I CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: February 20, 2008 Subject: CASE NO. 5.1080 CONDITIONAL USE PERMIT / 6,492 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. -- ' �'T� 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. 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. /11 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstein, Secretary NEIGHBORHOOD COALITION REPS Case 5,1080 CUP/6.492 VAR MR PETE MORUZZI Sprint Nextel MODCOM AND PALM SPRINGS MODERN COMMITTEE PHN for CC Meeting 02.20.08 HISTORIC SITE REP 1 1 1 PO BOX 4738 PALM SPRINGS CA 92263.4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT CASE 5.1080 CUP VERIFICATION NOTICE I I I 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 1 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 �Y Y�� PROOF OF PUBLICATION This is space fbr Count-v Cleric's Filing Siamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside No 0069 NOTICEOPPUBLICHEARING CITY COUNCIL CITY OF PALM SPRINGS CASE ND 5.1ti CONDITIONAL USE PERMIT! I am a citizen of the United States and a resident of 6,402 VARIANCE - the County aforesaid;I am over the age of eighteen 505 EASTRINDUSTRIAL PLACE years,and not a party to or interested in the NOTICE IS HERESY GIVEN that line City Council of above-entitled matter,I am the principal clerk of a the City of Palm Spn19s Cal,loln+a,wK hale a public oearmp at Its meeting of February 20,200e. The City printer of the,DESERT SUN PUBLISHING caun 91 maetln99 bell at I pm,m me Caunc+l one,nbet at C4 Hall, 3200 East Tshgmlz Canyon COMPANY a newspaper of general circulation, Way,Palm Springs printed and published in The city of Palm Springs, The puryosa of the I` ' In Is to consider an appliPa- CountyofRiverside,and which newspaper has been lion by Sprint Noxtel fora Gondalnnal llse Permit loin' stall a long-tour lout tall cammercial,communication an- br ad-ud ed a newspaper of general circulation b the Perna desiqearl as a monopole e li eqw�mein antenna,1 gg y nets antl aVar as llo-o nopolecesd with fee ent Quna l Superior Court of the County of Riverside,State of reght maximum al 5os East Industrial Place zonoa C- California under the date of Mareb 24, 1988.Case M _ Number 191236;that the notice,of which the o.rmm.,�orri.�,dno s.,.iaon .Cy. annexed is n printed copy(set in type not smaller � � ____ =���na•= -, r than non pariel,has been published in each regular and entire issue of said newspaper and not in anyr_-- supplement thereof on the following dates,to wit: ); _ 1 _ February 901 2008 h I i All in the year2008 �----'—•---�` — If- 1_ ^r=^r�^+w.—�� I __ Ia I certify(or declare)under penalty of perjury that the foregoing is true and correct. ay VInoNtaENTALOETEy exch II from environl emal Dated at Palm Springs,California this---�I2 ,---day rnlV pro)ecP is cate9ondally excmpp�trom review pursuant to Secl+pn 15332 foju it 32. In-pill DevelepMont)of the California Environmental Quality of--- February------_-------,2008 Act(CEQA). report and other 0uPPtlnlni%dacuume 13regapmng INN ! ppml�ale sls+14,far pq 110 review at City HFIII be- twaen the hours of 8 ea a.m.and 5'00 P in.Monday �-; Ihrou9h Frlday. Pleasu contact the 0114 of the Ciw _--- ....... CIerH at(760f 32ntment to 3.570d if You would Iliac schedule � an appol review thc:c decurnems. 1 %,'m re'�—i COMMENT CN THIS APPLICATION: Response to CC b this notice ri be mace verbally at the Public Hearing r"1 G1 to�C gndlof inwdnnn belcra llm heanng.Written comments F' .� p_ holy be m8de ie the City Council By letter(for mail of jo =r_V hand delivery)ro. son C+ dames ThOmP LcS� U 320o E.Tohquit Canyyon Way 4 ti} Palm Springs,CA 92262 LZZ7 W1� Any challenge of the proposed prolcot In coon may 6t. ILL- llmltsd�to rawjng only Incas ijrues oral m d amen public LA— 1U hearin descnboU in tors City, spontlen li u hearing,to the MI'lint at,of prior tn, �-- � < the p bile hearing. (Covemment Code Section I— C ~, 86oC1,@1f211 An opportunity will be glven at Bald having for all Inter- osted peryysons tp be heald OuUstlons mCqi rdmg INS Sort, epa8mentat to(6d)323924Sewall, Planning Ciudad de Palm 8ppnn99s5t9c pV de Pf+adlas�coln Nadlnc Flegef lelefonc(760)323-�245 amp-° nompson. dy lerc published:S19/:e0e —_ NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.1080 CONDITIONAL USE PERMIT / 6.492 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 [lame a la Ciudad de Palm Springs y puede hablar con Nadine Fiegertelefono (760) 323-8245. mes Thompson, City Clerk - ' - 000028 Department of Planning Services W+E Vicinity Map 5 III z z SUNNY DUNKS RD w i I INDUSTRIAL PL I -- - - -J Legend 9 400 Foot Radius z Project Site a m � ENZ0 RD Surrounding Parcels SAN LDR 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.