HomeMy WebLinkAbout22061 - RESOLUTIONS - 10/17/2007 RESOLUTION NO. 22061
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL
USE PERMIT, 5.1163, TO INSTALL A FIFTY-FIVE FOOT
HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED
AS A MONOPALM AND A 184 SQUARE FOOT EQUIPMENT
SHELTER LOCATED AT 1633 SOUTH PALM CANYON
DRIVE, ZONED PD-52, SECTION 22.
WHEREAS, Verizon Wireless ("Applicant') has filed an application with the City
pursuant to Section 94.02.00 of the Zoning Ordinance for the installation of a
commercial communications antenna on a fifty-five foot tall monopalm and a six foot
high slumpstone wall for equipment shelter located at 1633 South Palm Canyon Drive,
Zone PD-52, Section 22; and
WHEREAS, notice of public hearing or the Planning Commission of the City of Palm
Springs to consider the application for Conditional Use Permit 5.1163 was given in
accordance with applicable law; and
WHEREAS, on September 12, 2007, a public hearing on the application for Conditional
Use Permit 5.1163 was held by the Planning Commission in accordance with applicable
law; and
WHEREAS, on September 12, 2007, the Planning Commission recommended approval
of Conditional Use Permit 5.1163 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 5.1163 was given in accordance
with applicable law; and
WHEREAS, on October 17, 2007, a public hearing on the application for Conditional
Use Permit 5.1163 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. 22061
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: 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: 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 PD-52 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 said use will enhance the City's Emergency Preparedness objectives of the
General Plan (Objective 6.18), and the proposed communications antenna is
designed to resemble a live palm tree which will blend into the surrounding
environment along with live palms for screening purposes.
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 monopalm is on a 2.04-acre site, setback from all property lines a
minimum of fifty-five feet, and exceeds the minimum setback requirements. The
mechanical equipment will be enclosed within a shelter and surrounded by a six
foot high slumpstone wall. The existing landscaping including live palms will
adequately disguise and integrate the proposed monopalm.
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 parking stalls. The only traffic generated from
the said use to and from the site will be for servicing, and the existing infrastructure
Resolution No. 22051
Page 3
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. Such
conditions may include
a. Regulation of use
b. Special yards, space and buffers
c. Fences and walls
d. Surfacing of parking areas subject to city specifications
e. Requiring street, service road, or alley dedications and improvements
or appropriate bonds
f. Regulation of points of vehicular ingress and egress
g. Regulation of signs
h. Requiring landscaping and maintenance thereof
i. Requiring maintenance of grounds
j. Regulation of noise, vibrations, odors, etc.
k. Regulation of time for certain activities
I. Time period within which the proposed use shall be developed
m. Duration of use
n. Dedication of property for public use
o. Any such other conditions as will make possible the development of
the city in an orderly and efficient manner and in conformity with the
intent and purposes set forth in this Zoning Code, including but not
limited to mitigation measures outlined in an environmental
assessment
The project is unlikely to have a significant impact on the proposed project site or
its surroundings. Conditions to ensure the protection of public health, safety and
general welfare are required to be fulfilled by the applicant for approval and
include, but are not limited to, removal of antenna upon use-change or
abandonment of the subject property and compliance with all Federal Airport
Administration requirements.
The City Council hereby approves Conditional Use Permit, Case No. 5.1163, subject to
those conditions set forth in Exhibit A, which are to be satisfied unless otherwise
specified.
Resolution No. 22061
Page 4
ADOPTED this 17th day of October, 2007.
David H. Read i y Manager
ATTEST:
��mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22061 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.
dIt
Ffles Thompson, City Clerk
y of Palm Springs, California
Resolution No. 22061
Page 5
EXHIBIT A
CONDITIONAL USE PERMIT 5.1163
VERIZON WIRELESS
1633 SOUTH 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.
PROJECT SPECIFIC CONDITIONS
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 5.1163 - CUP. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding against the City
of Palm Springs and the applicant will either undertake defense of the matter and pay
the City's associated legal costs or will advance funds to pay for defense of the matter
by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of
any such claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless
the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to
settle or abandon the matter without the applicant's consent but should it do so, the
City shall waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not cause
a waiver of the indemnification rights herein_
Resolution No. 22061
Page 6
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 equipment building must be completely screened with materials that match
adjacent architecture. (Added by City Council on October 17, 2007)
4. The rod iron gate must be a solid gate. (Added by City Council on October 17, 2007)
5. The fifty-five foot high antenna must be disguised and mimic a Mexican Fan Palm with
a textured trunk and artificial palm fronds.
6. The owner must remove all of the storage containers within the parking areas.
7, 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.
8. If the technology regarding the communications antennae changes in where the
antennae and/or equipment building as approved became obsolete, then the
antennae shall be removed.
9. If the use of the subject property is ever changed, the City reserves the right to
modify or revoke this Conditional Use Permit application.
10.The maximum height of the commercial communication antenna shall be fifty-five
feet (55'), as indicated on the conceptually approved plans, as measured from
finished grade to the highest point of the monopole including the palm fronds.
11.If the lease agreement between the property owner and the applicant expires and is
not renewed, the CUP will become null and void, and the applicant shall remove the
antenna and equipment to the satisfaction of the Director of Planning Services.
12.If the antenna is ever abandoned or if this Conditional Use Permit ever expires, the
antenna shall be removed within 30 days.
13.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.
14.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
Resolution No. 22061
Page 7
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.
15.The applicant shall comply with the requirements of the Federal Aviation
Administration.
16.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 Federal Aviation Administration, Director of Aviation, and the Director of Planning
Services.
17.The applicant/operator of the facility shall agree to allow the co-location of
equipment of other wireless communications providers at this site when applications
are received by the City and it is considered feasible, subject to an agreement
between the applicant/operator, the other proposed wireless communications
provider, and the property owner.
POLICE DEPARTMENT
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.
21_Fire Extinguisher Requirements: 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.
Resolution No. 22061
Page 8
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.None.
END OF CONDITIONS