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HomeMy WebLinkAbout22062 - RESOLUTIONS - 10/17/2007 RESOLUTION NO. 22062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE. PERMIT 5.1150 TO INSTALL A FORTY-FIVE FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED AS A MONOPALM WITH EQUIPMENT CABINETS AND A VARIANCE TO EXCEED THE 15 FOOT ANTENNA HEIGHT MAXIMUM LOCATED AT 4711 EAST PALM CANYON DRIVE, ZONED W-C-D-N, SECTION 30. WHEREAS, T-Mobile USA Inc. ("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-five foot tall monopalm and a fenced area for equipment cabinets located at 4711 East Palm Canyon Drive, W- C-D-N Zone, Section 30; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Conditional Use Permit 5.1150 and Variance 6.500 was given in accordance with applicable law; and WHEREAS, on September 26, 2007, a public hearing on the application for Conditional Use Permit 5.1150 and Variance 6.500 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on September 26, 2007, the Planning Commission recommended approval of Conditional Use Permit 5.1150 and Variance 6.500 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 5.1150 and Variance 6.500 was given in accordance with applicable law; and WHEREAS, on October 17, 2007, a public hearing on the application for Conditional Use Permit 5.1150 and Variance 6.500 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed Conditional Use Permit is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA); and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. Resolution No. 22062 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 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 by Section 93.08.03(8) of the Palm Springs Zoning Code, proves that a fifteen foot antenna will not satisfy the necessary coverage (due to inhibiting factors such as terrain variations, foliage and man-made structures) enjoyed by other properties, or in this case cellular providers (Nextel), 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 for another cellular provider was granted the height of forty-five feet within the same shopping center and zone as this said request. Many of the conditions of approval are similar to those required by this applicant. Therefore, the approval of this Variance would not constitute a grant of special privilege that is inconsistent with the limitations placed upon other providers in the vicinity and zoning designation. 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. 22062 Page 3 The increase in antenna height above the fifteen foot maximum has been shown by another provider within the shopping center to not be materially detrimental to the public health, safety or welfare, or injurious to property in the vicinity. All other development standards are being followed. 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 (Ominipoint Communications, Inc., a subsidiary of T- Mobile USA Inc.) provided a study which shows that the height limit of fifteen feet will not provide the necessary coverage. The narrative cites the amount of terrain variations, foliage and man-made structures which inhibit signal strength that it becomes useless. Diagrams have been provided that show the top of the antenna at a height of fifteen feet compared to forty feet, and the maximum height of fifteen feet does not appear to achieve and maintain satisfactory communications. Section 3: Pursuant to zoning Ordinance Section 94.02.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by the City Zoning Ordinance. Pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Ordinance, a commercial communications antenna is authorized within the CDN zone with the approval of a Type 11 Conditional Use Permit. Resolution No. 22062 Page 4 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 said use will enhance the City's Lmergency Preparedness objectives of the General Plan (Objective 6.18). The antenna will be located on a lot with another monopalm, which is of a similar environment for the location of wireless communication antenna monopalms. Many live trees exist within the area and will help soften the antenna's appearance. The proposal is unlikely to be detrimental to existing or future uses permitted in the zone. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The proposed communication antenna is located on a large 10.21 acre site with minimum setback requirements being exceeded. 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 proposal is located adjacent to a parking lot. The only traffic generated from the said use to and from the site will be for servicing, and the existing infrastructure is anticipated to accommodate the traffic necessary for the maintenance of the facility. e. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. The project is unlikely to have a significant impact on the proposed project site or its surroundings. Conditions to ensure the protection of public health, safety and general welfare are required to be fulfilled by the applicant for approval and include, but are not limited to, removal of Resolution No. 22062 Page 5 antenna upon use-change or abandonment of the subject property and compliance with all Federal Airport Administration requirements. The City Council approves Conditional Use Permit Case No. 5.1150 and Variance Case No. 6.500, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 17th day of October, 2007. f em s• David H. Ready, City M r ATTEST: mes Thompson, City Clerk Resolution No. 22062 Page 6 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. 22062 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 the 17th day of October, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tem Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California Resolution No. 22062 Page 7 EXHIBIT A CONDITIONAL USE PERMIT 5.1150 VARIANCE 6.500 T-MOBILE USA INC. 4711 EAST PALM CANYON DRIVE OCTOBER 17, 2007 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. 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. la-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 5.1150 — CUP and 6.500 — VAR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. Resolution No. 22062 Page 8 2. Commencement of use or construction under this Conditional Use Permit shall be within two (2) years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 3. The antenna tower must mimic look and appearance of live Washington Robusta palms. 4. If the communications antennae, monopole, monopalm or equipment building are ever proposed to be modified in any manner such as the inclusion of other antennae, satellite dishes and/or other support equipment, the proposed modifications shall be submitted to the Director of Planning Services for review and approval prior to installation. 5. 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. 6. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Conditional Use Permit application. 7. The maximum height of the commercial communication antenna shall be forty-five feet (45'), as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the palm fronds. 8. 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. 9. 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. 10.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 enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 11.The applicant shall comply with the requirements of the Federal Aviation Administration (FAA). Proof of compliance shall be provided to the Director of Resolution No. 22062 Page 9 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. 12,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. 13.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. 14,The applicant shall submit a final landscape plan that will screen the equipment area, subject to approval by the Director of Planning and Zoning and/or designee. Additional live palm trees may be required as determined by the Director of Planning Services. Final landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 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. (Added by City Council on October 17, 2007) 16.The equipment shall be entirely screened by ten foot high concrete block wall. (Added by City Council on October 17, 2007) 17.The rod iron gate must be a solid gate. (Added by City Council on October 17, 2007) POLICE DEPARTMENT 18.Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 19.Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 20.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. Resolution No. 22052 Page 10 21.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 outdoors must be installed in weather and vandal resistant cabinets approved for this purpose. 22.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 23.The applicant shall comply with the provisions of Chapter 93.17.18 of the Palm Springs Zoning Code, including applicable provisions to floodproof mechanical equipment. END OF CONDITIONS