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(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
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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
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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
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* y�4'°• " PLANNING COMMISSION STAFF REPORT
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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
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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.