HomeMy WebLinkAbout3/3/2004 - STAFF REPORTS (11) DATE: March 3, 2004
TO: City Council
FROM: Director of Planning & Zoning
CASE NO. 5.0992 - CUP — AN APPLICATION BY VERIZON WIRELESS FOR A
CONDITIONAL USE PERMIT FOR THE INSTALLATION OF A SIXTY FOOT (60') TALL
COMMERCIAL COMMUNICATIONS ANTENNA DESIGNED AS A LATTICE TOWER
AND AN EQUIPMENT CABINET WITHIN AN 1,800 SQUARE FOOT LEASE AREA
LOCATED AT 1200 S. GENE AUTRY TRAIL, ZONE M-1, SECTION 19.
RECOMMENDATION
The Planning Commission recommends the City Council approve Conditional Use
Permit No. 5.0992 for the installation of a commercial communications antenna on a
sixty foot (60') lattice tower and a 12'x30' and 9'-6" tall equipment cabinet within an
1,800 square foot lease area, located at 1200 S. Gene Autry Trail, Zone M-1, Section
19. The lease area is located on the southern portion of the Desert Water Agency
property and approximately 500' north of Soak City Water Park. The Verizon Wireless
representative is Dale Stubblefield on behalf of Delta Groups Engineering. Desert Water
Agency is the sublessor of the property to Verizon Wireless.
SUMMARY
The Planning Commission voted 6-1, at its meeting on February 11, 2004, to
recommend to the City Council to approve the sixty-foot (60') tall commercial
communication antenna designed as a lattice tower and a 12'x30'x9'6" equipment
cabinet within an 1,800 square foot lease area within the Desert Water Agency property
located at 1200 S. Gene Autry Trail with the attached Conditions Of Approval..
BACKGROUND
Verizon Wireless has submitted an application for a Type II Conditional Use Permit to
install a commercial communications antenna on a sixty-foot (60") tall lattice tower and
an equipment cabinet within an 1,800 square foot lease area located at 1200 S. Gene
Autry Trail, within the Desert Water Agency property and approximately 500' north of
Soak City Water Park. Verizon Wireless is currently in the process of expanding their
wireless telecommunication services to cover the immediate area as well as the entire
Coachella Valley.
The lattice tower is proposed to have the commercial communication antenna as well as
two (2), four foot (4') parabolic antennas attached to the lattice tower. The lease area will
be secured within the Desert Water Agency property, which has a perimeter chain-link
fence. The equipment shelter will be 12' x 30' and 9'-6" in height. The lattice tower will
also have Desert Water Agency communication antenna attached.
Design Review Committee reviewed the proposed commercial communication antenna
on January 12, 2004 and recommended approval of the project. There was some
discussion about the visibility of the lattice tower but concluded that the lattice tower
would have the least visual impact to the surrounding neighborhood. 10\a
ANALYSIS
Airport staff was consulted regarding the proposed project and project location. Airport
staff anticipates the proposed commercial communications antenna structure is an
obstruction (i.e., the structure does penetrate air space around the airport) and the
proposed antenna would have direct and/or indirect impacts on operations at Palm
Springs International Airport. Thus, one obstruction light is to be installed on the tallest
point of the structure extending 12" - 24" above the highest point of lattice tower when
the lattice tower is constructed.
The applicant has submitted photographs of the existing site as well as elevations of the
proposed lattice tower and how it would appear in the current visual environment
surrounding the site. These photographs and elevations depict a natural desert
landscape. The proposed sixty-foot (60') lattice tower and pre-fabricated equipment
cabinet will be contained within the leased area and secured by the existing chain-link
perimeter fence.
The proposed sixty-foot (60') lattice tower is located: approximately nine hundred feet
(900') from Mesquite Avenue to the north, approximately five hundred feet (500') from
Gene Autry Trail to the west, and approximately two hundred fifty feet (250') from the
access road to the east, four hundred feet (400') from the southern property line and five
hundred feet (500') from Soak City Water Park.
The proposed sixty-foot (60') lattice tower is located: approximately one thousand eight
hundred feet (1,800) from a residential area to the east and approximately two thousand
one hundred feet (2,100) from is a residential area to the south. The distance to these
residential areas is sufficient to minimize the visual impact. The visual impact to
residential properties of the sixty-foot (60') tall lattice tower will be minimal.
The proposed lattice towers' visual impact is reduced by the water park to the south.
The water park slides are approximately sixty feet (60') in height, thus screening the
proposed lattice tower. The proposed development to the east will eventually be fully
landscaped and screen the tower from this direction. In the interim the towers setback to
Crossley Road and Mesquite Avenue will result in a minimal visual impact.
The proposed location of the commercial communication antenna is on Desert Water
Agency property located at 1200 S. Gene Autry Trail. This property consists of
approximately twenty-four (24) acres. The proposed site location on the property is
approximately nine hundred feet (900') from Mesquite Avenue to the north and
approximately five hundred feet (500') from Gene Autry Trail to the west. Gene Autry
trail is heavily landscaped, thus the visual impact from Gene Autry Trail is minimal to
non-existent. The distance from the proposed site location and Mesquite Avenue is
sufficient to reduce the visual impact of the lattice tower.
The Planning Commission found the proposed lattice tower; together with the existing
site conditions and distance from Mesquite Avenue, Gene Autry Trail and Soak City
Water Park, will not create a negative visual impact.
In most cases the Planning Commission would recommend a monopole or monopalm
and landscape screening to reduce the visual impact. In this case, due to the
I`�
surrounding land uses and the setbacks, the Planning Commission supported the
applicants' proposal. There are no palm trees in the immediate vicinity.
In summary, the project site (24 acres), setbacks to the tower, surrounding land use,
view angles and future development are supportive of the proposed lattice tower.
ADJACENT LAND USES, GENERAL PLAN AND ZONING:
Adjacent land uses are the following:
General Plan Zoning Land Uses
r
orth IND M-1(I.L.) Vacant
uth PR M1/PD168 Vacant, Water Park - Soak City
ast IND/L6 M-1(I.L.) Vacant
est IND/PR M-1 Vacant, Edison
ENVIRONMENTAL ANALYSIS AND NOTIFICATION
This Conditional Use Permit is categorically exempt from environmental assessment
pursuant to Section 15303 (New Construction or Conversion of Small Structures) of the
California Environmental Quality Act (CEQA). All property owners within 400 feet of the
project site have been notified of the public hearing. As of the writing of this report the
property developer to the east of the proposed commercial communication antenna has
written a letter in support of the project. The property owner, Desert Water Agency, has
also written a letter in support of the proposed project.
Director of Manning and Zoning
City Manager
ATTACHMENTS:
1. Vicinity Map
2. Correspondences
3. Draft Resolution
4. Conditions OF Approval
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Proposed Cell Tower
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CITY OF PALM SPRINGS
CASE NO.: 5.09992 - CUP DESCRIPTION: Application by Verizon Wireless
to build a 60' commercial communication tower
APPLICANT: Verizon Wireless (lattice tower). Located at 1200 S. Gene Autry Trail.
Zone M-1. Section 19.
"Ronald I Starrs Desert Water Agency
President 1200 Gene Autry Trail South
William"Bill"Byrne P.O.Box 1710
Vice President
F.Gillar Boyd,In DESERT WATER Palm Springs,CA 92263-1710
Secretary/Treasurer Telephone 760 323-4971
6Thomas Kieley,III V Fax 760 325-6505
Patricia G.Oygar v www.dwa.org
Dan M.Ainsworth
General Manager
Best,Best& Krieger
General Counsel
Krieger&Stewart
Consulting Engineers
September 23, 2003
City of Palm Springs
Planning and Building Department
3200 East Tahquitz Canyon Way
Palm Springs, California 92262
RE: Application Zoning/Land Use Entitlements
Soak City/Desert Water Agency(Verizon Wireless)
Property located 1200 Gene Autry Trail So.
To Whom It May Concern:
Desert Water Agency, owners of the above described property, authorize Verizon Wireless, or
their agent, to act as an agent on our behalf for the sole purpose of consummating any
building or land use applications necessary to ensure Verizon Wireless' ability to use the
property for the purpose of constructing and operating a communications facility. Desert
Water Agency understands that this application may be denied, modified or approved with
conditions, and that such conditions or modifications must be complied with prior to issuance
of building permits.
Sincerely,
DESERT WATER AGENCY
Dan M. Ainsworth
General Manager r'
D E-C 1 8 20,"
DMA:kas
411 !7
Noia Investments, Inc.
NOIA PROFESSIONAL BUILDING
429 E.Tahquitz Canyon Way, Palm Springs, California 92262
Telephone: (760) 320-5737 & Facsimile: (760) 320-5739
Email info@noiainc.com Web Site: www,noiainc.cdm
November 17, 2003
David Luker
Assistant General Manager
Desert Water Agency
1200 Gene Autry Trail South
P. O. Box 1710
Palm Springs, Ca 92263
RE: Indian Oasis Resort and Corporate Center
Dear Mr. Luker:
At our meeting last Thursday, we discussed your intention to install a commercial transmission tower,
60 feet in height and our request for a reciprocal driveway easement. You requested a response on the
tower as soon as possible and that is the reason for this letter.
have discussed this matter with several parties, including my key partners. As you know, at our
meeting I expressed my strong desire to cooperate with you as much as possible. To be quite frank, I
got quite a bit of resistance when informing my partners about the tower.
I am happy to report, that subject to a few minor conditions, we will fully support the installation of the
tower. In fact, I am writing this letter so that it may be submitted to the City with your application as
evidence of our Agreement.
The first condition would be that the tower be moved as far west as possible (at least to the point which
you showed me on the map which 1, in turn, showed them). They also felt that, as far south from that
western most point would be extremely helpful. I realize that Verizon may need to check these two
alternative sites, but that should not delay this matter.
The second item that was brought to my attention was whether we are assured that Desert Water
Agency is going to cooperate with us, in not only the granting of the reciprocal easement needed to
develop Office Building#1, but in regard to the Resort in general.
relayed the fact that staff has confirmed their support but, since it must go to the Board, this question
was raised to me. Therefore, what I have done is attach a copy of the Reciprocal Ingress and Egress
Easement Agreement for review by your legal counsel, in hope that you can obtain confirmation that
the easement will be granted at the earliest possible opportunity. /
5. xcgti
4 J
Mr. David Luker
November 17, 2003
Page Two
I realize that this letter may be more lengthy than normally necessary but, I felt that it could assist you in
knowing that just by moving the tower to the west for sure and possibly to the southwest and confirming
what we already believe to be true, and that is the reciprocal easement will be granted, that you can
then use this letter showing our full support without the need for an additional letter in the future.
Once you receive this, if there are any questions whatsoever, please feel free to contact me.
We look forward to working with you in the future and believe that our relationship will be mutually
beneficial. I would like to further add, that the fact that you consulted me on the tower is a sign of a
good neighbor,which is a credit to the Desert Water Agency.
Respectfully,
Ern t G. Noia
Attorney At Law
EG/S
enclosures
cc: Indian Oasis Partners
Michael Zitomer, Esq.
AFFIDAVIT OF MAILING
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
I,the undersigned,say: I am and was at all times herein mentioned,a citizen of the United States and
employed in the County of Riverside, over the age of eighteen years, and not a party to the within
action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs,
California;that on the28th day of January, 2004, 1 served the within NOTICE OF PUBLIC HEARING
for PLANNING COMMISSION CASE NO.5.0992-CUP to consider an application by Verizon Wireless
for a conditional use permit to construct a new sixty foot (60') commercial lattice communications
tower at 1200 South Gene Autry Trail.
This Notice was served on persons contained in Exhibit "A" attached hereto in said action or
proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon
fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly
maintained by the Government of the United States in the City of Palm Springs, California, addressed
to the list of persons or firms indicated on the report received from the title company dated September
26,2003, and re-verified January 27,2004, by the City's Planning Technician, and attached hereto as
Exhibit"A".
I hereby declare under penalty of perjury that the foregoing is true and correct.
d�11046C-611- ./(_ A._tL/f,��, >�
�_,. Loretta D. Moffett
Dated at Palm Springs, California, this 28th day of January 2004.
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
CITY OF PALM SPRINGS
Case No. 5.0992
Conditional Use Permit
1200 S. Gene Autry Trail
NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs,
California, will hold a public hearing at its meeting of February 11, 2004. The Planning
Commission meeting begins at 1:30 p.m. (public hearings begin at 2:00 p.m.) in the
Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider an application by Verizon Wireless for a
Conditional Use Permit to construct a new sixty foot (60') commercial communications
tower (lattice tower), located at 1200 S. Gene Autry Trail, Zone M-1, Section 19. The
cell site is located in the Desert Water Agency property. Pursuant to Section 93.09.00 of
the Zoning Ordinance: commercial communication antennas are required to have a
Conditional Use Permit. An approval of the Conditional Use Permit of commercial
communication antennae will require the approval of the Planning Commission and the
City Council (Section 94.02.2.f of the Zoning Ordinance).
This project is categorically exempt from environmental review purspant to Section
15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA)
and the Telecommunications Act, whereas the proposed commercial communications
site meets the conditions outlined for in-fill development and the Telecommunications
Act.
If any individual or group challenges the action in court, issues raised may be limited to
only those issues raised at the public hearing described in this notice or in written
correspondence at, or prior to, the Planning Commission hearing.
An opportunity will be given at said hearing for all interested persons to be heard.
Questions regarding this case may be directed to Matthew Feske, Assistant Planner at
(760) 323-8245.
"'DOUGLAS R. EVANS
Director of Planning and Zoning
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CITY OF PALM SPRINGS
CASE NO.: 5.0992 - CUP DESCRIPTION: Application by Verizon Wireless to
build a 60' commercial communication tower (lattice
APPLICANT: Verizon Wireless tower). Located at 1200 S. Gene Autry Trail. Zone M-1.
Section 19.
Public Hearing Notices Notification Information
for Planning Commission Hearing on February 11 , 2004
Case No. 5.09992 - CUP
Applicant Name: Verizon Wireless Delta Groups Engineering
Address Attn: Linda Paul Attn: Dale Stubblefield
Building D First Floor 2362 Mc Gaw
15505 Sand Canyon Avenue Irvine CA 92614
Irvine, CA 92618
Project Location & 1200 South Gene Autry Trail
Description: Conditional Use Permit to build a 60 ft commercial lattice
communication tower.
Assigned Planner: Matthew Feske, Assistant Planner
Labels Prepared by: GC Mapping Service and Yoav Shernock, Planning Technician
Certification to
City Clerk Date: January 28, 2004
Property Owners / Groups / Date Notices Number of Notices
Organizations Mailed Mailed
Applicant/Sponsors January 28, 2004 3
Property Owners: January 28, 2004
Land Owner (master lessor) 13
Master Lessor (sub-lessor)
Sub-lessee (unit owner)
Indian Land Owners - to BIA January 28, 2004 1
Neighborhood Coalition January 28, 2004 9
Homeowners Association
ONIPP
Agua Caliente Band of January 28, 2004 1
Cahuilla Indians Rep
City Rep for Verification January 28, 2004 1
Public Agencies - IS or EA
Other Interested Parties January 28, 2004 1
GC Mapping Services
TOTAL NUMBER MAILED: 29
04 v1lM Sp.,�
City of Palm Springs
�'" •••••'°�' Department of Planning & Zoning
�tIFOR�
MEMORANDUM
Date: January 27, 2004
From: Yoav Shernock
Planning Technician
Subject: Mailing Labels for Notice of Public Hearing
Planning Commission Case No. 5.0992 CUP
Verizon Wireless Conditional Use Permit
This is to certify that the attached labels were created on September 26, 2003 and re-verified on January
27, 2004 using the most current information available. To the best of my knowledge, the labels are
complete and accurate.
oav Sh`ernock, Planning Technician
January 27, 2004
i
:Idm
L APN:680-020-036,039,070 2. APN:680-020-038 3. APN:680-020-069
CITY OF PAW SPR RqGS SOUTHERN CALIFORNIA EDISON CO JESSE L.&JIM R.CROSS
PO BOX 2743 PO BOX 800 1550 S GENE AUTRY TRL
PALM SPRIN 92263-2743 ROSEMEAD CA 91770-0800 PALM SPRINGS CA 92264-3505
4. APN:680-160-040 5. APN:680-180-027,035 6. APN:680-180-029
GENERAL TELEPHONE CO OF CALIF WATER AGENCY DESERT BERRY FARM KNOTTS
PO BOX 152206 PO BOX 1710 1 CEDAR POINT DR
IRVING TX 75015-2206 PALM SPRINGS CA 92263-1710 SANDUSKY OH 44870-5259
7. APN:680-180-033,034 8. APN:680-180-036 9. APN:680-180-037
SUSA PARTNERSHIP SPRINGS SELF STORAGE LLC PALM 680 USA
1044 LITTLE PATUXENT 700 4685 MACARTHUR CT STE 450 255 N EL CIELO RD STE 315
COLUMBIA MD 21044- NEWPORT BEACH CA 92660-8849 PALM SPRINGS CA 92262-6986
APN:7
005 TO 007,Olt 10. APN:680-570-001 11. APN:680-570-002
DEV BARBER BLAIR STEVEN&CHRISTINE TRUST
SAME AS#9 2115 DHEZEM RD PO BOX 757
BLUE LAKE CA 95525- BIGFORK MT 59911-0757
12. APN:680-570-009 13. APN:680-570-010 14, APN:680-570-011
N.BRUCE&BARBARA E.ASHWILL WAYNE D.&MELVA J. SIMMONS DON C.&ELIZABETH ANNE BRISCOE
3181 CAMERON PARK DR STE 105 65 SAN MARINO CIR 45750 APACHE RD
CAMERON PARK CA 95682-7980 RANCHO MIRAGE CA 92270-1959 INDIAN WELLS CA 92210-8721
APPLICANT REPRESENTATIVE NP
VERIZON WIRELESS DELTA GROUPS GC MAPPING SERVICE
ATTN:LINDA PAUL ATTN:DALE STUBBLEFIELD ATTN:GILBERT CASTRO
15505 SAND CYN AVE BLDG D IST FL 2362 MCGAW 711 MISSION ST STE B
IRVINE CA 92618 IRVINE CA 92614 SO PASADENA CA 91030
Neighborhood Coalition List MR BILL DAVIS AND
Case 5.0992 CUP MR PETER DIXON MS TRISHA DAVIS
Verizon Wireless TENNIS CLUB AREA TENNIS CLUB AREA
Delta Groups Engineering 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA
P.C. Hearing 02/11/04 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
MR FRANK TYSEN
C/O CASA CODY COUNTRY INN MS. CHRISTINE HAMMOND MR BOB WEITHORN
SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS
175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD
PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262
MR TIM HOHMEIER MS ROXANNE PLOSS MR PHIL TEDESCO
DEEPWELL OLS LAS PALMAS DEEPWELL RANCH
1387 CALLE DE MARIA 930 CHIA 1303 WEST PRIMAVERA DRIVE
PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264
MR MARSHALL ROATH
MS SHERYL HAMLIN MS MARGARET PARK
HISTORIC TENNIS CLUB AREA AGUA CALIENTE BAND OF AGUA CALIENTE CAHUILLA INDIANS
565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS=J =J=J-J =D =0 650 E TAHQUITZ CANYON WAY
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
CITY OF PALM SPRINGS
PLANNING &ZONING DEPT
VERIFICATION NOTICE=D --D—D ATTN: SENIOR SECRETARY
PO BOX 2743
PALM SPRINGS CA 92263-2743
VERIZON WIRELESS 5.0992
SPONSORS �j ATTN: MS LINDA PAUL
BUILDING D FIRST FLOOR
15505 SAND CANYON AVE
IRVINE CA 92618
5.0992 5.0992
DELTA GROUPS ENGINEERING DESERT WATER AGENCY
ATTN MR DALE STUBBLEFIELD ATTN MR DALE LUKER
2362 MC GAW PO BOX 1710
IRVINE CA 92614 PALM SPRINGS CA 92263
o� p��M spy City of Palm Springs
'c Department of Planning & Zoning
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Telephone: 760-323-8245
Fax: 760.322-8360
E-mail: LorettaM@ci.palm-springs.cams
F A X TRANSMISSION
Date: January 27, 2004
To: Claudia Salgado, and
Arvada Wilson
Bureau of Indian Affairs
From: Loretta Moffett, Senior Secretary
Planning Department
Subject: Case No. 5.0992-CUP
Verizon Wireless
Planning Commission Hearing February 11, 2004
Here is a notices for the above hearing/meeting that needs to be sent to the appropriate Indian landowner
within the 400 ft. radius of the project at1200 South Gene Autry Trail.
The APN number is: 680-180-037
Please let me know if you need additional notices and/or postage pre-paid envelopes for notifying these
owners for this important hearing/meeting.
Many thanks for your continued support and help.
Enclosures:
r
PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside - --No 7021
KIM UC E OF PUBLIC f tt�ARuyc
PLANNING COMMISSPOtd
CfLV GF PALM SPGVNGS
Case No. S.o992
I am a citizen of the United States and a resident of conditional Use Permit
the County aforesaid;I am over the age of eighteen 1200 s. cute Away Trail
years,and not a party to or interested in the NOTICE IS HEREBY GIVEN that the Planning
above-entitled matter. I am the principal clerk of a Commission of the City of Palm Springs, Callfor-
Me, will hold a loic hearing at its meeting of
tinter of the,DESERT SUN PUBLISHING t� I The Planning Commission
p February 11, 2 0�.
COMPANY a newspaper of general circulation, meetrnq begins at 1:30 p m. (public had ings be-
pan g rn at 2 00 p m.) m the Council Chamber at City
printed and published in the city of Palm Springs, �Iallr g3200 E. Tahquirz Canyon way, Palm
County of Riverside,and which newspaper has been The purpose of this Hearing is to consider an ap-
adjudged a newspaper of general circulation by the plicatron by venzon Wild assfor a Conditional
Superior Court of the Count of Riverside,State of Llse Permit to construct a new sixty foot (so•)
P Y commercial communication tower(lattice towed1,
California under the date of March 24, 1988.Case located at 1200 S. Gene Autry Trail, Zone M-1
section 19, The cell site is located in the Desert
Number 191236; that the notice,of which the water Agency property. Pursuant to section
93.09.00 of the Zoning Ordinance: commercial
annexed is a printed copy(set in type not smaller communication antennas are required to have a
than non arlel,has been published in each regular Conditional Use Permit. An approval of the Con-
P P g ddienal Use Permit of commercial commensal
and entire Issue of said newspaper and not In any antennae will require the approval of the Planning
Commission and the Cr y Council (Section
supplement thereof on the following dates,to wit: 04 02.2.1 of the Zoning ordinance).
VichiLy Map �
January 30a,--------------------------------------------
----- ---- —-- -------------------------
All in the year 2004
I certify(or declare) under penalty of perjury that the
foregoing is true and correct.
4
Dated at Palm Springs,California this------
--day Q_ '--�— -'
1
of---------February------- ----- ----------2004
This project wpusuantto exempt fromenvuon-
I//.Y`fsGl mental review pursuant to section cut (In-RN
Development Protects) of the California Environ-
mental Quality Act (CEQA) and the Tclecommum-
Signature cations Act, whereas the proposed commercial
commul lcahons site meets the conditions out-
lined for in-fill development and the Tolecommuni-
catiens Act.
If any individual or group challenges the action incourt issues raised may be limited to only those
rssu as raised at the public hearing described in
this notice or in written correspondence at,er on-
or to, the Planning Commission hearing.
An opportunity will be given at said hearing for all
interested persons m be heard Questions regard-
ing tills case may be directed to Matthew Teske,
Assstant Planner at (760)1
/s/Dedglas R.Evans
Ill r PI
PROOF OF PUBLICATION This is space for county C[ciks Filing Stamp
(2015.5.C.C.P)
STATE OF CALIFORNIA
County of Riverside
No.7251
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
I am a citizen of the United Slates and a resident of Case No. 5.0992
the County aforesaid; I am over the age of eighteen 1200 S. Gene Autry Trail
years,and not a party to or interested in the NOTICE IS HEREBY GIVEN that the City Council
above-entitled matter. I am the principal cleric of a of the City of Palm Springs, California, will hold a
public hearing at its meeting of March 3, 2004.
printer of the,DESERT SUN PUBLISHING the City Council hers a9 begins at 7:00 .m. In
COMPANY a newspaper of general circulation, the council chambers a[ city lull, 3200 �. Tah-
quitz Canyon Way, Palm springs
printed and published in the city of Pahn Springs, The purpose of this heanng is to consider an ap-
County of Riverside,and which newspaper has been elicatmn by venzon Wire leas far a Condulonel
adjudged a newspaper of eneral circulation b the Use Perm![ to construct a new sixty foot (60')
1 gg y commercial communications tower(lattice tower,
Superior Court of the Count of Riverside,State of located at 1200 S. Gene Autry Trail, Zane M-�
P Y Section 19. The cell site is located in the Desert
California under the date of March 24,1988.Case Water Agency property. Pursuant to Section
93.09.00 of the Zoning Ordinance: commercial
Number 191236; that the notice,of which the communlcatian antennas are required to have a
Conditional Use Perms. An approval of the Con-
annexed is a printed copy(set in type not smaller ditional Use Permit of commercial communication
than non ariel,has been published In each regular antennae will require the a ravel of the Planning
P P g Commission and the City Council (Section
and entire Issue of said newspaper and not in any 94.02.2 f of the,Zoning Ordinance).
supplement thereof on the following dates,to wit: fl
r RI
------------
February 1'
All in the year 2004
I certify(or declare)under penalty of perjury that the _
,
foregoing is true and correct.
23rd ---
Dated at Palm Springs,California this---------day
moFon<m s,vn<r. �
mentof
cations Act, where,
ho ( )
0 mental Quaid Acie
of---------February - - 2t104 This project is categorically exempt from coition- � V
rsuent to Sec n 15332 (In-Pill y 1
ectsl at the Cehfarnia Enviran-
C-QA and the Telecommunr-
eas the proposed commercial
--"---"------'---"-------'---'------------"-------------- cam
municatlans site meets tine conditions out-
Signature lined for in-fill development and the Telecommuni-
cations Act.
If any group challenges the action in court, issues
raised may he limited to only those issues raised
at the public hear n9 described in this notice or in
written correspondence at, or prior to the city
Connell hearing.
An opportunity will be given at said hearing for all
interested persons to be heard.Questions regard-
ing this case may be directed to Matthew Feske,
Assistant Planner at (760) 323-8245
PATRICIA A. SANDERS
City Glen<
PUB: February 21, 2004 i
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA APPROVING CONDITIONAL
USE PERMIT NO. 5.0992, SUBJECT TO THE
CONDITIONS STATED, FOR VERIZON WIRELESS TO
INSTALL A COMMERCIAL COMMUNICATIONS
ANTENNA ON A SIXTY FOOT (60') TALL LATICE
TOWER AND A 12'(W) X 30'(L) X 9'-6"(H) EQUIPMENT
SHELTER WITHIN AN 1,800 SQUARE FOOT LEASE
AREA, LOCATED AT 1200 S. GENE AUTRY TRAIL,
ZONE M-1, SECTION 19.
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 sixty foot (60') tall lattice tower and a equipment shelter
within An 1800 square foot lease area located at 1200 S. Gene Autry Trail, Zone M-1,
Section 19; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider the application for CUP No.5.0992 was given in accordance with
applicable law; and
WHEREAS, on February 11, 2004, a public hearing on the application for CUP No.
5.0992 was held by the Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Commission, after holding a public hearing and considering
the staff report and correspondences, recommend approval of the proposed conditional
use permit; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider the application for CUP No.5.0992 was given in accordance with applicable
law; and
WHEREAS, on March 3, 2004, a public hearing on the application for CUP No. 5.0992
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
15303 (New Construction or Conversion of Small Structures); 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.
bk5
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: The City Council finds that this Conditional Use Permit is categorically
exempt from environmental assessment per Section 15303 of the
California Environmental Quality Act (CEQA) in that Section 15303 states
that installation of small new equipment is exempt from 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 the Zoning Ordinance, a commercial communications antenna is
authorized in the M-1 (Service/Manufacturing) zone pursuant to 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 proposed communications antenna is in harmony with the various elements
and objectives of the City of Palm Springs General Plan and is not detrimental to
existing uses specifically permitted in the zone in which the proposed use is to be
located. The proposed communications antenna will not have a significant visual
impact on the environment surrounding the site.
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 site for the commercial communication antennae, on an 1,800 square foot
lease area located at 1200 S. Gene Autry Trail, is adequate in shape and size to
accommodate said use, including all features required in order to adjust said use to
those existing or permitted future uses of the land in the neighborhood. The
setbacks of approximately nine hundred feet (900') from a secondary thoroughfare
and a setback of approximately five hundred feet (500') from a major thoroughfare
and a setback of five hundred feet (500') from the water park and one thousand
eight hundred feet (1,800') to the nearest residential area is adequate to minimize
the visual impact of the commercial communication antenna.
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.
10\�
The site for the proposed communications antennae will not have a direct or
indirect impact on streets and highways and is properly designed in the subject
area.
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.
All proposed conditions of approval are necessary to ensure public health and
safety.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby recommends approval of Conditional Use Permit No. 5.0992, subject to
those conditions set forth in Exhibit A, which are to be satisfied prior to the issuance of a
Certificate of Occupancy unless otherwise specified.
ADOPTED this 3rd day of March 2004.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form: PS3
EXHIBIT A
CONDITIONAL USE PERMIT NO. 5.0992
VERIZON WIRELESS
1200 S. GENE AUTRY TRAIL
MARCH 3, 2004
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.
1A.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.
1 B.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 5.0992 - CUP. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding against the City
of Palm Springs and the applicant will either undertake defense of the matter and pay
the City's associated legal costs or will advance funds to pay for defense of the matter
by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of
any such claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless
the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to
settle or abandon the matter without the applicant's consent but should it do so, the
City shall waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not cause a
waiver of the indemnification rights herein.
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 City Council upon demonstration of good cause.
3. If the communications antennae, monopole 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 and Zoning for review and approval prior to
installation.
/a13
4. 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.
5. If the use of the subject property is ever changed, the City reserves the right to
modify or revoke this Conditional Use Permit application.
6. The maximum height of the commercial communications antenna and lattice tower
shall be 60 feet, as indicated on the conceptually approved plans, as measured from
finished grade to the highest point of the lattice tower.
7. If the antennae and/or lattice tower are ever abandoned or if this Conditional Use
Permit ever expires, the lattice tower and antennae shall be removed within 30 days.
8. Manufacturer's cut sheets of the proposed antennae shall be submitted to the
Director of Planning and Zoning prior to the issuance of permits for installation of the
commercial communications antennae.
9. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform Building
Code, the fee being 1/2% for commercial projects or 1/4% for residential projects
with first $100,000 of total building permit valuation for individual single-family units
exempt. Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Zoning 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.
10. The applicant shall comply with the requirements of the Federal Aviation
Administration. Proof of compliance shall be provided to the Director of Aviation and
to the Director of Planning and Zoning prior to the issuance of building permits.
11. The City will require one obstruction light on the tallest point of the structure
extending 12" - 24" above the highest point of the tower to be installed when the
lattice tower is constructed.
12. The applicant/operator of the facility shall agree to allow the co-location of equipment
of other wireless communications providers at this site when applications are
received by the City and it is considered feasible, subject to an agreement between
the applicant/operator, the other proposed wireless communications provider, and
the property owner.
13. The proposed generator shall only be operated in the event of an emergency.
Location and noise mitigation measures shall be submitted for review prior to
issuance of building permits.
POLICE DEPARTMENT
14. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code. _
BUILDING DEPARTMENT
15. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
16. Minimum Extinguisher Requirements: Provide one 2-A:10-B:C portable fire
extinguisher for every 75' of floor or grade travel distance for normal hazards.
17. Proximity to Existing Buildings: If the equipment shelter is within 15 feet of an existing
building then the built-in fire protection (i.e. fire sprinklers) for that existing building is
extended to the proposed shelter.
ENGINEERING DEPARTMENT
18. None.
043
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