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HomeMy WebLinkAbout10/17/2007 - STAFF REPORTS - 1.A. 4��Ci=?ti1ci7 CITY OF PALM} Sl'r,[fIC: 2093 HP,w 20 AH 8= kt0 J "I'LES Tri0hI',�,� CITY C L F R ir; el''0` 1� ►'Y, rlwireless ll 1120 Sanctuary Pkwy suite 150 MC:GASASREG Alpharetta, GA 30004 (770)797-1800 May 12, 2008 Mr_ David Rowland Consumer Protection and Safety Division Califonua Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 drr c uc.ca.gov Re: Notification Letter for Palm Canyon of Los Angeles SMSA Limited Partnership (U-3003- C), of Los Angeles, CA MSA This is to provide the Commission with notice according to the provisions of General Order No. 159.A of the Public Utilities Commission of the State of California("CPUC") for the project described in Attachment A. A copy of this notification letter is also being provided to the appropriate local government agency for its information. Should there be any questions regarding this project, or if you disagree with any of the information contained herein, please contact Alice Silverthorn of Verizon Wireless at (770) 797-1062. Very truly yours, Alice Silverthorn MTS Network Compliance CPUCOS.0144 Notification Letter Los Angeles SMSA Limited Partnership (U-3003-C) May 12, 2008 Page 2 Attachment A CPUC CELL SITE REPORT Los Angeles SMSA Limited Partnership (U-3003-C) I. PROJECT LOCATION: Palm Canyon--I/B SITE NAME: Palm Canyon SITE ADDRESS: 1633 S. Palm Canyon Drive LOCATION: Palm Springs, CA 92264 COUNTY: Riverside APN: 513-300-014 COORDINATES: 330 48' 07.43"/l160 32' 51.68" (NAD83) 2. PROJECT DESCRIPTION: Los Angeles SMSA Limited Partnership (U-3003-C)proposes the construction, installation and maintenance of a new unmanned wireless telecommunications facility consisting of a 55' Monopalm with twelve (12)panel antennas, one (1)parabolic antenna, and one (1) equipment shelter within the designated leased area. ANTENNAS: Twelve (12)panel antennas One (1)parabolic anterma TOWER DESIGN: Monopalm TOWER APPEARANCE: Monopalm TOWER HEIGHT: 55' BUILDING SIZE: 11'.5"X 16' OTHER: N/A CPUC08.0144 Notification Letter Los Angeles SMSA Limited Partnerslup (U-3003-C) May 12, 2008 Page 3 3. BUSINESS ADDRESSES OF ALL LOCAL GOVERNMI NT AGENCIES: Cc: Craig A. Ewing Planning Director City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 David Ready City Manager City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 James Thompson City Clerk City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 4. LAND USE APPROVALS: Administrative Issued: 10/l/07, 11/27/07 Effective: 11/27/07 Agency: City of Palm Springs Planning Department Permit No.: CUP 5.1163 and AMM 7.1258 Resolution No.: 22061 CPUC08.0144 ?ALMS A D V n r �1IpFAl[O`fie c9R'F°RN,P. CITY COUNCIL STAFF REPORT DATE: October 17, 2007 PUBLIC HEARING SUBJECT: CASE NO. 5.1163 CUP — LOS ANGELES SMSA LP, DBA VERIZON WIRELESS, FOR A CONDITIONAL USE PERMIT TO CONSTRUCT A FIFTY-FIVE FOOT HIGH WIRELESS COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPALM AND A 184 SQUARE FOOT EQUIPMENT SHELTER LOCATED AT 1633 SOUTH PALM CANYON DRIVE (BEST WESTERN INN). FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a Conditional Use Permit to allow a proposed fifty-five foot high wireless communication antenna designed as a monopalm. The application includes a 184 square foot, ten foot high equipment shelter located adjacent to the monopalm, which will be surrounded by a six foot high masonry 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 5.1163 TO INSTALL A FIFTY-FIVE FOOT HIGH WIRELESS COMMUNICATION ANTENNA DESIGNED A5 A MONOPALM AND A 184 SQUARE FOOT EQUIPMENT SHELTER LOCATED AT 1633 SOUTH PALM CANYON DRIVE, ZONED PD-52, SECTION 22." PRIOR ACTIONS: On August 20, 2007, the project was reviewed by the Architectural Advisory Committee (AAC) and recommended approval to the Planning Commission by a vote of 4-1-2 (Hudson against; O'Donnell and Wexler absent). ITEM NO.— City Council Staff Report October 17, 2007—Page 2 5.1163 CUP—Vcrizon Wireless On September 12, 2007, 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). The proposed project would be located at 1633 South Palm Canyon Drive. The Planning Commission recommended approval of the proposal, subject: • That the monopalm be disguised as a Mexican Fan Palm instead of the proposed Date Palm, and • That the existing storage containers in the parking areas be removed. The proposed Conditions of Approval have been modified to include these changes and are presented in the attached Draft Resolution. A more detailed analysis is provided in the attached Planning Commission Staff Report dated September 12, 2007. 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. jpm'i ing, AI Thomas Wilson, Dire c or of Planni ervices 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 9/12107 5. Planning Commission draft minutes dated 9/12/07 (excerpt) Department of Planning Services W+E Vicinity Map s zaru o p wv Nli wI gLMLKA pl � o _ w v 3 - Ion nGFa W IE C PAL CAIVYp� �sr �Ro V�L Legend ' 1 H E 500' Radius ® Site CITY OF PALM SPRINGS CASE NO: 5.1163 CUP DESCRIPTION: The proposed project is a Conditional Use Permit to install a fifty-five foot tall commercial APPLICANT: Verizon Wireless communication antenna designed as a monopalm and a 184 square foot equipment shelter for Verizon Wireless and located at 1633 South Palm Canyon Drive, Zoned R2. RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING CONDITIONAL USE PERMIT, CASE NO. 5.1163, FOR THE INSTALLATION A FIFTY-FIVE FOOT HIGH COMMERCIAL COMMUNICATION ANTENNA DESIGNED AS A MONOPALM AND EQUIPMENT SHELTER LOCATED AT 1633 SOUTH PALM CANYON DRIVE. 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 of 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. 0006H Resolution No. 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. Resolution No. Page 3 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 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, Page 4 ADOPTED this 17th day of October, 2007. 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 090007 Resolution No. 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. 1a.The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1163 - 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 000038 Resolution No, Page 6 adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Commencement of use or construction under this Conditional Use Permit shall be within two (2) years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 3. The fifty-five foot high antenna must be disguised and mimic a Mexican Fan Palm with a textured trunk and artificial palm fronds. 4. The owner must remove all of the storage containers within the parking areas. 5. If the communications antennae, monopole, monoplam 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. 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. S. 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- 9- 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. 10.If the antenna is ever abandoned or if this Conditional Use Permit ever expires, the antenna shall be removed within 30 days. 11.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. DDDD��; Resolution No, Page 7 12.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 112% for commercial projects or 114% 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. 13.The applicant shall comply with the requirements of the Federal Aviation Administration. 14.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. 15.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 applicantloperator, the other proposed wireless communications provider, and the property owner. 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: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal 000910 Resolution No. Page 8 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. 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 21.None. END OF CONDITIONS 008611 FCAL O° �P z :lO1E5 L lllE REPRRT E EPT M5 IIE VSO S-xwr :.ru nnc�tt6PM1c R.CS cwSY51 ±r w,F?.u+ -e mlu n 1 wx.356�mF,ar 6 CIiYPoi� s RS.+gyp r5 6Neuli wEtx•.Lar.GUMr.p�pn)�!-rx^41[�M�ussY Y l{,�//y� ii vi.IF":scor �r oxarn :uix:i-il ui wn n�ias�c or�i+.rr mx� T�i'N.43rt�/;5 fi O % w tcrs w� w rw.c -i - ISY5 ][ YW A49.LE i¢QSu u.O rq NNw�Y in meua_ _ PY pI'IG YC'IST RS 6S SClms�.1i.i wN. i P P�slrAi rJ AV'A W.l.,1x T Pi_[[0.'vry lm II.C. 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I I j i i i d l SPE PLVI I ; r r-Vi= , l 11 V,y_I31 SITE PLfN CD f�J `.5W wSi D.1s5T w.9.LL e� ec nccn PALM CANYON Ou-id /u 3 f/lN'PPn4i LW!(Fnl 'll 1!•v-[U�+GM m rm vsm 4u _ 9L61 ANTENNA LAY(YJT ,a 3 ANTENNA AND CABLE SCHEDULE 2 9/0S(07 -------------- r i ---- --- - - -- 8�.� >•„.- a�pews . LQw� z GALE SCH1 LE ANO_ czltf5cscur pNiTNt4A NNA LA LgY01Ti xw+a,csr wm�iJ 1 /I 3rnrm�.��r SITE DETAIL ` 2 3�y� O Q O O Sy I`YY 6A�'.EI.L[ EYPLI!IG�.15!RCCP FYI.[C.1 93618 c � Ph71.1 CAI:YON . Isss s.vti urm�EF P uu s=arc- uraea P3yY -o a=vrt�uu nm 9/OS/07 Z04I:VG ii v_al,L�cx izn�r jp :r U QImrvl Im m. � � II!Fr � sxxlcnlc® s Pwvlpl.. OIL B.Ln.. 3 21N _ IISm 4[N Il�F.9N 112E Icy R i �crzeMivn ta:•. - / rrts�e v¢atwir� ♦ _z' £�"{'.�." ..a�ro.x qJ�p Y KID �2� _� .IN, Anolls _I HEST ELEVATION ""� z NORTH ELEYATM ""o A3 3„ a a OF PALM SA ti �2 U v+ * W * y�4'°• " PLANNING COMMISSION STAFF REPORT C4<1 FpR��� Date: September 12, 2007 Case No.: 5.1163 — CUP Type: Conditional Use Permit Location: 1633 South Palm Canyon Drive AM 513-300-014 Applicant: Verizon Wireless General Plan: RC (Resort Commercial) Zone: PD 52 (Planned Development District 52) From: Craig A. Ewing, AICP, Director of Planning Services Project Planner: David A. Newell, Assistant Planner PROJECT DESCRIPTION: The application is a request by Verizon Wireless, authorized agent for Pradip Patel, for a conditional use permit for the installation of a fifty-five foot tall wireless communication antenna designed as a monopalm and a 10.1 foot high equipment shelter (11.5' x 16' _ 184 sq. ft.). RECOMMENDATION: That the Planning Commission recommends approval to City Council of a Conditional Use Permit for the installation of a fifty-five foot tall commercial communication monopalm located at 1633 South Palm Canyon Drive. 000015 Planning Commission Staff Report September 12, 2007 Case 5.1163-CUP Page 2 of 7 PRIOR ACTIONS: On June 12, 2007, the application was brought before the Architectural Advisory Committee (AAC). The AAC recommended (4-1) approval of the project subject to the applicant using a split-face block instead of wrought iron fencing for the equipment shelter screening. The plans have been revised to address these conditions and are presented before the Planning Commission as the date hereof. BACKGROUND: Los Angeles SMSA LP, dba Verizon Wireless ("applicant'), agent for the Pradip Patel ("owner'), has submitted an application for a Type II Conditional Use Permit. The applicant has secured authorization with the owner to proceed with the Type II Conditional Use Permit application. The project site is an approximately 2.04-acre lot, located on the southwest corner of South Palm Canyon Drive and South Belardo Road. The Best Western Inn is presently operating on the on the entire parcel with the pool towards the rear. The wireless facility is proposed towards the western portion of the site and will occupy three parking stalls. The proposed wireless communication antenna is designed as a monopalm with artificial palm fronds and a textured trunk. The proposal includes the construction of an approximately 10.1 foot high, 184 square foot enclosed equipment shelter and a six foot high slumpstone block wall. Table 1: Adjacent land zones and land uses: General Plan Zoning Existing Land Uses North RC PD-131 Vacant South RC R-2 Hotel East RC C-1 Commercial West C 0-20 Vacant Hillside ANALYSIS: The General Plan designation of the subject site is RC (Resort Commercial). 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 PD-52 (Planned Development District 52), and 000016 Planning Commission Staff Report September 12, 2007 Case 5.1163—CLIP Page 3 of 7 the use is permitted with the approval of a Conditional Use Permit, pursuant to Section 93.08.00 and Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Code (PSZC). Pursuant to Section 93.08.03(A)(2)(c)(iii) of the PSZC, "No part of the antenna structure shall extend to a height of more than twenty-five (25) feet above the highest point of the roof of the principal building on the property." The height of the existing hotel is thirty feet. Therefore, the maximum height of fifty-five feet would be in conformance. The applicant has proposed a monopalm height of fifty-five feet and is in conformance. Table 2: Antenna development standards: 93.08.03(A)(2)(c)(iii) Proposed Project Requirements (approx. Height (feet) 25 + principal building height = 55 55 maximum Front Yard Setback 25 feet 527.6 feet Street Side Yard Setback 55 feet 58.8 feet Interior Side Yard Setback 55 feet 91.2 feet Rear Yard Setback 55 feet 82.4 feet The location of the monopalm and equipment is proposed on three existing parking stalls. The hotel currently has seventy-one rooms and no accessory commercial uses or places of public assembly. Pursuant to Section 93.06.00(D)(16) of the PSZC, "there shall be provided one garage, carport, or open parking space as an accessory for each of the first fifty guest rooms in any establishment. Establishments with more than fifty guest rooms shall provide 0.75 garages/carports, or open parking space as an accessory for each guest room in excess of fifty." Therefore, the total parking required is sixty-six spaces. There are currently sixty-four parking stalls on site. The proposed tower and equipment location will occupy three parking stalls, and there will be sixty-one parking stalls remaining. An Administrative Minor Modification (AMM) has been applied for by the applicant to allow a total parking count reduction of approximately 7.6% or five parking stalls. The findings in support may be found below in the Required Findings section. The applicant has submitted photographs of the existing site as well as photographic- simulation elevations of the proposed monopalm and how it would appear in the current visual environment surrounding the site. These elevations depict the proposed monopalm at fifty-five feet. Based on visits to the site and review of the elevations, staff believes that the proposed monopalm together with the existing live palms will have a minimal visual impact. 000017 Planning Commission Staff Report September 12, 2007 Case 5,1163—CUP Page 4 of 7 REQUIRED FINDINGS: AMM The required on-site parking count is sixty-six parking stalls; however, this count may be reduced up to ten percent through the Administrative Minor Modification (AMM) process. Pursuant to Section 94.06.01 of the PSZO, staff has provided the required findings below: 1. The requested minor modification is consistent with the General Plan, applicable Specific Plan(s) and overall objectives of the zoning ordinance. The said use will enhance the City's Emergency Preparedness objectives of the General Plan (Objective 6.18). No specific plans are associated with this property. Pursuant to Section 94.02.00(A)(2)(f) of the Palm Springs Zoning Code, a commercial communications antenna is authorized with the approval of a Type II Conditional Use Permit. 2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification. The proposed antenna is disguised as a monopalm and will exceed all setback requirements of the zone; therefore, the monopalm will have minimal impacts on neighboring properties' view. 3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. The equipment and monopalm is surrounded by a six foot high slumpstone wall. All new construction is required to receive building permits and be built to the standards of the Uniform Building Code to ensure that the conditional approval of the minor modification will not be detrimental to the health, safety, and general welfare. 4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic development patterns of the property or neighborhood. In order to accommodate setback requirements, the monopalm and equipment location was required to locate towards the center of the developed property. Consequently, the removal of three parking stalls is required to accommodate the new monopalm and equipment in the center of the site. UUU4D�LG Planning Commission Staff Report September 12, 2007 Case 5,1163—CUP Page 5 of 7 CUP The request is subject to the required findings of a Conditions Use Permit as contained in Section 94.02.00 of the PSZO. Staff has analyzed the request in light of the 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 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 requirments. 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 is anticipated to accommodate the traffic necessary for the maintenance of the facility. 00® 0i9 Planning Commission Staff Report September 12, 2007 Case 6.1163—CUP Page 6 of 7 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 1. 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. CONCLUSION: Staff recommends the Planning Commission recommend approval to City Council to approve Conditional Use Permit No. 5.1163, subject to the conditions set forth in Exhibit A of the resolution. ENVIRONMENTAL DETERMINATION: This project is categorically exempt from environmental review pursuant to Section 15301(e) (Class 32 — In-Fill Development) of the California Environmental Quality Act (CEQA) and the Telecommunications Act. 006620 Planning Commission Staff Report September 12, 2007 Case 5,1163—CUP Page 7 of 7 NOTIFICATION: A notice was mailed to all property owners within a four hundred (400) foot radius in accordance with state law. David A. Newell raig A. Ewing, AICP Assistant Planner Director of Planning Services ATTACHMENTS: - 500' Radius Map - Draft Resolution and Conditions of Approval - Site Plans - Elevations Plan DDDQ� City of Palm Springs Planning Commission Minutes of September 12,2007 Discussion was made on the building frontage and entrance to the parking lot on Crossley Road. Chair Marantz opened the Public Hearing: -John Wessman, Palm Springs, provided further details on the history of the property, the parking concerns with the adjacent property owner and the design of the building. There being no further appearances, the Public Hearing was:closed. M/S/C (Scott/Ringlein, 5-0, 2 absent/Cohen/ Caffery) Tb;approve; Case 5.1164 PD 343 to the City Council, subject to Conditions of ApprovaC:_., �h 8. Case 5.1163 CUP - An application,'yby Los ,:.Angeles SMSA, LP, dba Verizon Wireless, for a Conditional Use.`:'Permit to construct a fifty-five foot high wireless commercial;;; communication antenna designed as a monopalm and a'„,A94` square foot equipment shelter located at 1633,",south Palm "Canyon Drive (Best Western Inn), Zone R2, Section`; 2;Y A'PN: 513''=30,0-014. (Project Planner: David A. Newell, Assistant 046oer) David Newell, Assistant'i. ner., noted'a correct'rbn on't'WStaff report: the height of the monopalm is fifty-fiue;foot tall�',,Mr. Newell provided background information as outlined in the staff report,dated Septembiar! 12, 2007,:,,, Commissioner Scott'suggested:adding,a condition to require removal of the storage containers. - = ;r" ` .,:� Vice,'Chair Hoch`' adel ndt6d',his preference to camouflage the antenna with a palm tree.I: 'match the exist rig,tre6i, ',t Chair Marantz opened the Public Hearing: -Brianna Noler;, respresenting Verizon Wireless, provided additional details on the removal of the-storage'containers, parking spaces and the type of tree proposed for the monopalm. y' There being no further appearances the Public Hearing was closed. M/S/C (Vice Chair Hochanadel/Hutcheson, 5-0, 2 absent/Cohen/ Caffery) To recommend approval of Case 5.1163 CUP to the City Council, subject to Conditions of Approval, as amended: *Articificial tree to be a Mexican Fan Palm to match existing trees. "Removal of storage containers. 9 000022 CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION 0 CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: October 17, 2007 Subject! Verizon Wireless, 1633 S. Palm Canyon Drive 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 October 5, 2007, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (46 notices) I 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 October 5, 2007. 1 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstein, Secretary 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 October 6, 2007. 1 declare under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk NEIGHBORHOOD COALITION REPS -Case 5.1163 CUP MR PETE MORUZZI Verizon Wireless MODCOM AND PALM SPRINGS MODERN COMMITTEE PHN far CC Meeting 10.17.07 HISTORIC SITE REP I I 1 PO 8OX 4738 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT CASE 5.1163 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 1 1 1 5401 DINAH SHORE DRIVE PALM SPRINGS CA 92264 MR BRENT SMIRL SPECTRUM SURVEYING& _ - LOS ANGELES SMSA LIMITED ENGINEERING SPONSORS I, �',- -I PARTNERSHIP 11959 MARIPOSA ROAD,#1 11959 MARIPOSA ROAD,#1 HESPERIA, CA 92345 HESPERIA, CA 92345 MR PRADIP PATEL BEST WESTERN INN 1163 S. PALM CANYON DRIVE PALM SPRINGS, CA 92262 �b 508-343-00G 508-34S-006 508-346-001 Phillip J Pace E1 Verano Mark Decaszro 400 N Montebel,lo Blvd 10680 W Pico Blvd 315 17 Cross Way Nlontebello, CA 90640 Los Angeles, CA 90064 ,L Los Gatos, CA 95030 508-346-002 "1-346- 3 //ll M 7� 508-346-006 COrlan Enterprises Inc Micha Jic:k fe 1 Robert. L Jones PO Box 4351 72 4 Raven Rd 1 292 E Palm Canyon ➢r Palm Springs, CA 92263 lm Desert, CA 52260 Palm Springs, CA 92262 508-3.16-007 506-34G-011 508-346-012 Robert L Janes Seyi1jour & Rosalie Cotten Tony & Carol Evans 219G S Via Mazatlan 3 Pinewood Clr 14848 Lago Dr Pally Springs, CA 92264 Rancho Mirage, CA 92270 Rancho Mur.ieta, CA 95683 508-346-013 508-346-014 508-346-015 William 14 ➢elacampa Jorge W & Brendi Rodriguez Felipe & Lisbet Castaneda 17C E Palm Canyon ➢r 162 E Palm Canyon Dr 140 E Palm Canyon ➢r Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92262 508-346-016 508-346-017 508-346-018 Olancha Corp Rat Inv Llc brand 2385 S Camino Real 1368 S Mesa Dr 3627 E 8Th St Palm Springs, CA 92264 Palm Springs, CA 92264 Los Angeles, CA 90023 508-347-002 511-060-001 511-060-004 Palm Springs S s 5 Inc Dba L, Royal Palms Inn Palm Springs Core Capital Fund I Llc 233 E Palm Canyon ➢r 19 Moulton St 1800 Century Park E 600 Palm Springs, CA 92262 San Francisco, CA 94123 Los Angeles, CA 90067 513-300-009 513-300-014 513-300-033 Vista Palm Springs L:Ic Vinay & Panna Panchal Galway 5933 W Century Blvd 200 1633 S Palm Canyon Dr 23679 Calabasas Rd G63 Los Angeles, CA 90045 Palm Springs, CA 92264 Calabasas, CA 91302 513-300-036 513-300-043 513-351-028 John Wessmaa Ca Lway Clifton G Lamb 300 S Palm Canyon Dr 23679 Calabasas Rd 563 PO Box 1.787 Palm Springs, CA 92262 Calabasas, CA 91302 Canyon Country, CA 91386 512-351-029 513-352- " "L ,/� 513-374-009 Clifton G Lamb James ullcnnex � Tracy & Jeffery Pope PO BOx 1767 81 uclid St 2G50 Curtis Way Canyon Country, CA 91386 oUston, TX 77009 Sacramento, CA 95616 513-374-01,1 513-375-006 513-37S-007 Joseph W Dunn Curtis R Eckman Clyde P & Patricia Crain *M* 255 W Ridge Rd 4281 5Th AVs 17E W E1 Camino Way Palm Springs, CA 92262 San Diego, CA 92"L03 Palm Springs, CA 92264 �, �. //6 3 G[.t�+ V (/-.aid"i;'�•r� �c-�-�SS 513-375-008 513-375-009 513-375-014 Clyde P & Pacricia Crain *M* Clyde P & Patricia Crain *B* Patricia Moorten 176 W E1 Camino Way 176 W E1 Camino Way 1701 S Palm Canyon Dr Palm Springs, CA 92264 Palm Springs, CA 92264 Palm SpaTings, CA 92264 513-375-015 513-375-021 51.3-375-022 Patr2Cla Moorten Curtis R Eckman Rosemarie M Vaeano 1701 S Palm Canyon Dr 4281 5Th Ave 232 Ridge Rd Palm Springs, CA 92264 Sari Diego, CA 92103 Palm Springs, CA 92264 513-375-024 513-276-008 513-376-009 Willo Inv Ltd Partnership Cyrus Yaghmai Patricia Moorten 152 W E1 Camino Way 153 W E1 Camino Way 1701 S Palm Canyon Dr Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 *** 39 Printed wwx 508-346-003 RETURNED MAIL Michael Jick PO Box 4667 Palm Springs, CA 92263 I PROOF OF PUBLICATION This is space For County Clerk's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside No. 3139 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5,1116a CONDITIONAL USE PERMIT I am a citizen of the United States an 19y3 SOUTH PALMCANYON DRIVE.d a resident of VERIZON wIHE4Es5 - the County aforesaid;I am over the age Of eighteenNOTICE Is HERESY GIVEN that the CltyCouncil years,and not a party to or interested in the of the coy of Palm springs,California,will hold a above-entitled matter.I am the principal clerk of a public Imaring at its meeting of October 17 2007. P p he City Council-meepnEg herons at G.00 p.m In printer of the,DESERT SUN PUBLISHING thy Council Chamber at Clty hall,3200 East Tah- quit¢Conyon Way, Palm Springs. COMPANY a newspaper of general clrculatiOly The purpose of the 4earinp Is to cerise,�,r an ap- printed and published in the city of Palm Springs, pllcatlon by verizon Whel0Ss for s Condltlonal Countyof Riverside,and which newspaper has been se Purmlt apphcatlon to install a fifty-T,vc foot toll commercial communication antenna designed adjudged a newspaper of general circulation by the es a monopaim and a 184 square foot equipment hele,located at 1a Superior Court of the County of Riverside,State of zoned R2. 33 South P;dm Canyon Drive, California tinder the date of March 24,1988.Case Number 191236;that the notice,of which the annexed is a printed copy(set in type not smaller �� "- • - '`"' " than non pariel,has been published in each regular and entire issue Of said newspaper and not in any supplement thereof on the following dates,to wit: - October 60'T 2007 All in the year 7007------- ��-- " .._ I certify(or declare)under penalty of perjury that the �^ foregoing is true and correct. ENVIRONMENTAL DETERMINATION:This pro- ject is categorically exempt from environmental ri view pursuant to Section 15332 (Class 32 -In- Dated at Palm Springs,California this--8't,—day Fill Development of the California Environmental Cuehly Act(CEA). of--- - October ----.--=-------- 2007 REVIEW OF"PROJECT INFORMATION:The pro- posed appllcatlon, she plan and related docu- ments are available for ff��ubllc roview at City Hall batween the hours of 8:00 a.m. and 5:00 p m, Monday thm0gh Fridayy.please contact the BfFce of the City Clerk at (7607 323-e2,04 if you would Ilke to sc elute an Opppintmcnt to rev,uw these ( \; documents, f► — Sig gyre COMMENT ON THIS APPLICATION: Re;p onse N to IN*notice may be made verbally at the Pudic I•luaring and/or In writing before the hearingg Writ- co ten comments may be made to the CITy Council []4 CU � by lunar(for mail or pond dellvmyr)to. Lai James Thompson City Clerk �w W 3200 E.Tahquln,banyon Way palm Springs, CA 92202 Lu'Q N �� Any challenge of the proposed project In court d "—} may he limited to raising only those issues raised at the public hearing described in this notice, or CY.0 1, Li1— 1p•1 `•Q ` in written correspondence delivered to the City L \ Clerk It, or pprior,to the ubiic nearing. (Govern- ment Code Seaton 6500�[b)[2j), } 4 1 An opportunely will he given at*aid heormC for all i- N �nlorested persons to be heard Cueslichs regard- isaniesy be (76)id 3a .lnng SwiceDepartment ated t 032845 SI neccsita ayuda can esta cam,poi-favor llama a la Ciudad do Palm Springg y puede hablar eon Nadine Finger telefano (750) 323-a245. Published: 10/e/2007ames Thompson, City Clcrl, NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE NO. 5.1163 CONDITIONAL USE PERMIT VERIZON WIRELESS 1633 SOUTH PALM CANYON DRIVE NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of October 17, 2007- 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 Verizon Wireless for a Conditional Use Permit application to install a fifty-five foot tall commercial communication antenna designed as a monopalm and a 184 square foot equipment shelter located at 1633 South Palm Canyon Drive, Zoned R2. 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 proposed application, site plan and related documents 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][2]). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to David 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. a es Thompson, City Clerk = m,. Department of Planning Services w " e Vicinity Map p I K it o w V W �`� Ip0.m4[wiw W e PAL CANYO N DR "ICTr O N I{ YjST �RD - V1M!-IYwCn1Y' Legend - ® Sde - Acc,Radius CITY OF PALM SPRINGS CASE NO: 5.1163 CUP DESCRIPTION: The proposed project is a Conditional Use Permit to install a fifty-five foot tall APPLICANT: Verizon Wireless commercial communication antenna designed as a monopalm and a 184 square foot equipment shelter for Verizon Wireless and located at 1633 South Palm Canyon Drive, ,Zoned R2.