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HomeMy WebLinkAbout9/3/2003 - STAFF REPORTS (24) DATE: September 3, 2003 TO: City Council FROM: Director of Planning & Zoning CASE NO. 5.0961 CUP-APPLICATION BY VERIZON WIRELESS FOR A CONDITIONAL USE PERMIT FOR THE INSTALLATION OF A 70-FOOT TALL COMMERCIAL COMMUNICATIONS ANTENNA DESIGNED AS A SLIMLINE POLE AND AN EQUIPMENT CABINET WITHIN A 2,000 SQUARE FOOT LEASE AREA LOCATED AT 6545 NORTH I NDIAN CANYON DRIVE,ZONE M-1- P, SECTION 22. RECOMMENDATION The Planning Commission recommends that the City Council approve Conditional Use Permit No. 5.0961 for the installation of a commercial communications antenna on a 70-foot slimline pole and an equipment cabinet within a 2,000 square foot lease area located at 6545 North Indian Canyon Drive, Zone M-1-P, Section 22. The lease area is located southwest of Hole in the Wall. Verizon Wireless' representative is Norman MacLeod on behalf of Delta Groups Engineering. Bob Minor is the sublessor of the property to Verizon Wireless. SUMMARY The Planning Commission voted 7-0, at its meeting on July 23, 2003, to approve the project as presented. Staff suggested that the applicant submit a propagation map demonstrating the cumulative coverage area of all three currently submitted Verizon telecommunications facilities (Case 5.0902-B, 5.0946, and 5.0961). BACKGROUND Verizon Wireless has submitted an application for a Type II Conditional Use Permit to install a commercial communications antenna on a 70-foot tall slimline pole and an equipment cabinet within a 2,000 square foot lease area located at 6545 North Indian Canyon Drive, close to the railroad tracks. 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 slimline pole is proposed to have internalized antennas as well as a 6 foot diameter parabolic antenna attached to the pole.The lease area will be secured with an 8 foot high wrought iron fence. The associated radio equipment will be housed in one 11'6"x 16'equipment cabinet.The proposed lease area will be surrounded by a proposed eight-foot high black wrought iron fence. Two six-foot wide swing gates are proposed to secure the lease area. ANALYSIS Airport staff was consulted about the site and anticipate that the proposed commercial communications antenna structure is not an obstruction (i.e., the structure does not penetrate air space around the airport), nor would the proposed antenna have any direct or indirect impacts on operations at Palm Springs International Airport. Helicopter tours fly in that area during the season, as well as some private helicopters,and whenever necessary,emergency/rescue aircraft. As such, �2aO a condition of approval has been included which indicates that the City reserves the right to require, at any time in the future, one obstruction light on the tallest point of the structure extending 12" - 24" above the highest point of pole/fronds if deemed necessary by the Director of Planning and Zoning. Airport Operations would advise the Director of Planning and Zoning in the event the Airport receives complaints from pilots, the Tower Manager or the FAA. As an additional condition of approval, the applicant would be required to obtain all necessary approvals from the Federal Aviation Administration prior to issuance of building permits. The applicant has submitted photographs of the existing site as well as elevations of the proposed slimline pole and how it would appear in the current visual environment surrounding the site. These elevations depict windmills, which measure approximately 200 to 300 feet at the maximum height, and the proposed slimline pole at 70 feet, one pre-fabricated equipment cabinet within the leased area, and proposed 6' tall wrought iron fence and swing gates around the lease area. The site is surrounded by vacant land the north, vacant land and a utilities station to the east, a warehouse, vacant land and the Southern Pacific Railroad tracks to the south, and vacant land and windmills to the west.. The pole is located approximately 900 feet from North Indian Canyon Drive, approximately 240 feet from the existing Southern Pacific Railroad tracks, and approximately 975 feet from the nearest windmill. The visual impact of the 70-foot tall slimline pole in comparison with adjacent utilities and windmills, will be minimal. As a condition of approval, a final landscape plan will be required to be reviewed and approved by the Director of Planning and Zoning prior to issuance of building permits. The Planning Commission included conditions of approval pertaining to the removal of the antenna and/or monopole and equipment cabinets in the event the equipment becomes obsolete, are abandoned or the Conditional Use Permit expires. Based on analysis of the site, architectural elevations, and photo simulations, the Planning Commission found that the proposed slimline pole together with surrounding utility, windmills, and distance from North Indian Canyon Drive, will not create a negative visual impact. ENVIRONMENTAL ANALYSIS AND NOTIFICATION This Conditional Use Permit is categorically exempt from environmental assessment pursuant to Section 15303 of the California Environmental Quality Act (CEQA). Section 15303 states that installation of small new equipment is exempt from 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, no correspondence or inquiries from the public were received by staff. Glir ctor of planning and Zon n City Manager ATTACHMENTS 1. Vicinity Map 2. Planning Commission minutes of July 23, 2003 3. Resolution 4. Conditions aa43 CITY OF PALM SPRINGS PLANNING COMMISSION MINUTES July 23, 2003 Council Chamber, City Hall 3200 East Tahquitz Canyon Way Palm Springs, California 92262 ROLL CALL Present Present FY 03-04 This Meeting to Date Excused Absences Jon Shoenberger, Chair X 2 0 Dianne Marantz, Vice Chair X 2 0 Mark Matthews X 2 0 Jerry Grence X 2 0 Tracy Conrad X 2 0 Ricky Wright X 2 0 Larry Hochanadel X 2 0 STAFF PRESENT: Douglas R. Evans, Director of Planning & Zoning Jing Yeo, Associate Planner Kathy Marx, Associate Planner Michele Boyd, Administrative Coordinator Chairman Shoenberger called the meeting to order at 1:35 p.m. The July 23, 2003 agenda was available for public access at the City Hall exterior bulletin board and the Department of Planning & Zoning counter by 4:00 p.m., July 18, 2003. M/S/C(Marantz/Grence 5-0, 2 abstentions)to approve the minutes of June 11,2003 as presented. � a � 5 Page 6 of 11 Planning Commission Minutes July 23, 2003 Case 5.0961 —Application for a Conditional Use Permit by Verizon Wireless to construct a 70 foot high wireless telecommunications facility and antennas in a slimline pole and an equipment shelter at 6545 North Indian Canyon Drive, Zone M-1-P, Section 22. Jing Yeo, Associate Planner, reported that the Design Review Committee recommends a slimline pole design similar to that of the approved antenna located at the fire station site (near railroad tracks, windmills, etc) as the slimline pole will have no adverse impact in this location. Chairman Shoenberger opened the Public Hearing. aZ a Page 7 of 11 Planning Commission Minutes July 23, 2003 Mr. MacLeod addressed the Planning Commission to state that he is available for questions, if any. There being no further appearances, the Public Hearing was closed. M/S/C (Matthews/Grence 7-0) to approve subject to Conditions of Approval in Staff Report. 2 -P 417 AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Conditional Use Permit No. 5.0961, for the installation of a 70-foot tall commercial communications antenna and small equipment cabinet, located at 6545 North Indian Canyon Drive, Zone M-1-P, Section 22; applicant, Verizon Wireless, was mailed to each and every person on the attached list on the 22nd day of August, 2003, A copy of said Notice is attached hereto, Said mailing was completed by placing a copy of said Notice in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, `Calif o ia„ this 22nd day of August, 2003. PATRICIA A. SANDERS City Clerk NOTICE OF CITY COUNCIL MEETING NOTICE OF PUBLIC HEARING Conditional Use Permit No. 5.0961 Verizon Wireless 6545 North Indian 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 September 3, 2003. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider a Conditional Use Permit application by Verizon Wireless for the installation of a 70-foot tall commercial communications antenna and a small equipment cabinet within a 2,000 square foot lease area on the property located at 6545 North Indian Canyon Drive, Zone M-1-P, Section 22. This action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15303 (New Construction or Conversion of Small Structures). If any 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 City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Jing Yeo, Associate Planner, (760) 323-8245. PATRICIA A. SANDERS Publish: Aug. 23, 2003 City Clerk The Desert Sun VICINITY MAP �i 6545 N. INDIAN CANYON PALM SPRINGS, CA 92264 GARNET AyE lO " 51T NJ OE 'r 'd S z THOMAS BROtNERS MAP z PG. 726 GRID 0-5 CITY, OF PALM SPRINGS �r� N 5.0961 CUP a4�(iP��dN 1AReLKANT Verizon Wireless Application for a Conditional Use Permit to construct a 70 foot high slimline pole at 6545 North Indian Canyon Drive, Zone M-1-P, Section 22. Neighborhood Coalition List MR BILL DAVIS AND Case 5.0961 CUP-B MR PETER DIXON MS TRISHA DAVIS July 23, 2003 P.C. Hearing- 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA Ju V ly 23 2 WIRELESS PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR FRANK TYSEN MR JOHN HURTER MR BOB WEITHORN C/O CASA CODY COUNTRY INN PO BOX 2824 261 SOUTH BELARDO ROAD 175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92263-2824 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR TIM HOHMEIER MR BOB SEALE MR PHIL TEDESCO 1387 CALLE DE MARIA 280 CAMINO SUR 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF AGUA CALIENTE TRIBAL COUNCIL 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS-J-0 -D =0-J -D 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS PLANNING &ZONING DEPT VERIFICATION NOTICE -J =J ATTN: SENIOR SECRETARY PO BOX 2743 PALM SPRINGS CA 92263-2743 SPONSORS -0 J -D -J --D MS MARCIE BROWN DELTA GROUPS 5 PARK PLAZA#1400 IRVINE CA 92614 GAMET FILE#403386 SWO-`�/11751 - 6545 N INp-IAN CYN PALM SPRAGS CA 400' LISTING 669 060 004 666 330 007 666 330 008 666 330 04 INDIAN AVENUE CO Robert Wilson Miner PALM SPRK REEWAY DEV LL 3550 77th St PO Box 580346 577 N D St Jackson Heights NY 11372 N Palm Springs CA 92258 San Bernar 92401 I 666-330c Fi 666330 666-330-059 Atlantic Financialgroup Ltd PALM SPRI REEWAY DEV LL Avenue P & I Indian 539 S Main St 577 N D St PO Box 22623 Findlay, OH 45890 San Bernardi o A 92401 Long Beach, CA 90801 666-330-06 - 666-330-061 666-3 0-06 Avenue P "& I dian Avenu & I ndian Avenue & I Indian 320 Pine Ave 01 320 Pine .5 320 Fi e ve 501 Long Beach, A 0802 Long Beach A 90802 Long each, CA 90802 666-330-06 666-3 -064 666330067 Avenue P I dian Avenue & Indian PALM SPRINGS FREEWAY DEV LL 320 Pine Ave 01 320 Pine 501 577 N D St j Long Beach, 90802 Long B ch, CA 90802 San Bernardino CA 92401 666-33 068 666-3 0-069 666330 5 Avenue P Indian Avenue P(h, Indian PALM SP FREEWAY DEV LL 320 Pine 501 320 Pin 501 577 N D St Long Beac CA 90802 Long B CA 90802 San Berna ino CA 92401 666 330 076 666 330 081 666 330 082 J Gary Burke ATLANTIC FINANCIAL GROUP LTD ATLANTI F ANCIAL GROUP LTD PO Box 248 1000 Ballpark Way#304 1000 Ball k Way#304 Hubbard OH 44425 Arlington TX 76011 Arlingto 76011 669 050 004 66906 001 669 060 04 USA 669 Robert i Miner Robert so finer Us Dept Of Interior PO Box 58 6 PO Box 5 346 Washington DC 20401 N Palm Spr ngs A 92258 N Palm S rin s CA 92258 669 060 005 6690 006 669 060 008 Robert Wilso M nor Robert n Miner SOUTHERN CALIFORNIA GAS CO PO Box 5803 PO Box 5 46 101 Ash St N Palm Springs 92258 N Palm rin CA 92258 San Diego CA 92101 669 0600 93, /4 0 pea/boat zk8j�, 19 3 94/2 Rlbc) /V I;o Qq ,ate 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 parry to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; and on the 10th day of July, 2003, 1 served the within NOTICE OF PUBLIC HEARING for PLANNING COMMISSION CASE NO. 5.0961 to consider a Conditional Use Permit application by Verizon Wireless for the installation of a 70-foot tall commercial communications antenna designed to look like a palm tree and a small equipment cabinet within a 2,000 square foot lease area on the property at 6545 North Indian Canyon Drive, Zone M-1-P, Section 22. 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 June 30, 2003, certified 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. Loretta D. Moffett Dated at Palm Springs, California, this 10th day of July, 2003. NOTICE OF PLANNING COMMISSION MEETING NOTICE OF PUBLIC HEARING Conditional Use Permit No. 5.0961 Verizon Wireless 6545 North Indian Canyon Drive NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a public hearing at its meeting of July 23, 2003. The Planning Commission meeting begins at 1:30 p.m.(public hearings start at 2:00 p.m.) in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider a Conditional Use Permit application by Verizon Wireless for the installation of a 70-foot tall commercial communications antenna and a small equipment cabinet within a 2,000 square foot lease area on the property located at 6545 North Indian Canyon Drive, Zone M-1-P, Section 22. This action is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 16303 (New Construction or Conversion of Small Structures). If any 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 Jing Yeo, Associate Planner, (760) 323-8245. PLANNING COMMISSION r DOUGLdR. EVANS Director of Planning and Zoning Public Hearing Notices Notification Information for Planning Commission Hearing on July 23, 2003 Case No. 5.0961 CUP Applicant Name: Verison Wireless Marcie Brown Delta Groups 5 Park Plaza #1400 Irvine, CA 92614 Project Location & Conditional use Permit to construct a 70-foot Description: high slimline pile at 6545 North Indian Canyon drive, Zone M- 1-P, Section 22 Assigned Planner: Jing Yeo, Associate Planner Labels Prepared by: Susan W. Case, Inc. & Yoav Shernock, City Planning Technician Certification to City Clerk Date: July 10, 2003 Property Owners / Groups / Date Notices Number of Notices Organizations Mailed Mailed Applicant/Sponsors July 10, 2003 1 Property Owners: July 10, 2003 1 Land Owner (master lessor) July 10, 2003 12 Master Lessor (sub-lessor) Sub-lessee (unit owner) Indian Land Owners July 10, 2003 1 Neighborhood Coalition July 10, 2003 9 Homeowners Association ONIPP Agua Caliente Band of July 10, 2003 1 Cahuilla Indians Rep City Rep for Verification July 10, 2003 1 TOTAL NUMBER MAILED: 26 O� PALM S,A* w H City of Palm Springs Department of Planning &Zoning �LFORN MEMORANDUM Date: July 10, 2003 From: Yoav Shernock Planning Technician Subject: Mailing Labels for Notice of Public Hearing, July 23, 2003 Planning Commission Case No. 5.0961 Verizon Wireless - 6545 North Indian Canyon Drive This is to certify that the attached labels were created on April 29, 2003 using the most current information available. To the best of my knowledge, the labels are complete and accurate. Yoav,Shernock, Planning Technician July 10, 2003 :Idm GANET FILE#403356 SWDS-V11751--- 6545 N INDIAN CYN PALM SPRINGS CA . 400' LISTING 669 060 004 666 330 007 666 330 008 666 330 04 INDIAN AVENUE CO Robert Wilson Miner PALM SPRI FREEWAY DEV LL 3550 77th St PO Box 580346 577 N D St Jackson Heights NY 11372 N Palm Springs CA 92258 San Bernar ino A 92401 666-330-044 666 330 0 666-330-059 Atlantic Financialgroup Ltd PALM SPRIKA REEWAY DEV LL Avenue P & I Indian 539 S Main St 577 N D St PC Box 22623 Findlay, off 45840 San Bernardi 92401 Long Beach, CA 90801 666-330-06 - 666-330-061 666-3 0-06 Avenue P & I dian Avenu & I ndian Avenue & I Indian 320 Pine Ave O1 320 Pine 501 320 Pi e ve 501 Long Beach, A 0802 Long Beach A 90802 Long each, CA 90602 666-330-06 - 666-3 -064 666 330 067 Avenue P & I than Avenue Indian PALM SPRINGS FREEWAY DEV LL 320 Pine Ave 320 Pine 501 577 N D St Long Beach, 90802 Long B ch, CA 90802 San Bernardino CA 92401 666-33 068 666-3 0-069 666 330 5 Avenue P Indian Avenue P I Indian PALM SP FREEWAY DEV LL 320 Pine A^ 501 320 Pin Ave 501 577 N D St Long Beac CA 90802 Long B a h, CA 90602 San Berna !no CA 92401 666 330 078 666 330 081 666 330 082 J Gary Burke ATLANTIC FINANCIAL GROUP LTD ATLANTI F ANCIAL GROUP LTD PO Box 248 1000 Ballpark Way#304 1000 Ball k Way#304 Hubbard OH 44425 Arlington TX 76011 Arlingto �76011 669 050 004 669 06 001 669 O60 04 USA 669 Robert i Miner Robert so iner Us Dept Of Interior PO Box 58 6 PO Box 5 346 Washington DC 20401 N Palm Spr ngs A 92258 N Palm rin s CA 92258 669 060 005 669 0 006 669 060 008 Robert Wilso M ner Robert n Miner SOUTHERN CALIFORNIA GAS CO PO Box 5803 PO Box 5 46 101 Ash St N Palm Springs 92258 N Palm rin CA 92258 San Diego CA 92101 la �7 L^ �6! 669 060 010 669 060 011 669 060 012 SOUTH N ALIFORNIA GAS CO SOUTHERN PACIFIC TRANSPORTA SOUTHERN P IF TRANSPORTA 101 Ash S 1700 Farnam St#S 1700 Farnam St40 San Diego 92101 Omaha NE 68102 Omaha NE 68 2 669 060 018 669 060 019 669 0 000 001 Robert Wilson i r MALK BRIAN CITY PA SPRINGS PO Box 580346 9330 Balboa Ave PO Box 3 N Palm Spring CA 92258 San Diego CA 92123 Palm S n CA 92263 669 070 003 669 070 004 669 070 005 J Laurent&Mary Sheila Comeau Robert Wi n ' er USA 669 45120 San Pablo Ave#2A PO Box 58 6 Us Dept Of In Palm Desert CA 92260 N Palm ing CA 92258 Washington DC 1 ll 669 070 007 669 070 008 6690 '002 SOUTHERN IF TRANSPORTA SOUTHE P IFIC TRANSPORTA Robert ilson er 1700 Farnam St 1700 Farna t#S PO Box 0 6 Omaha NE 68 Omaha N 102 N Palm S i s CA 92258 66909300 00 669 093 010 669 09 011 Robert Wilso in SOUTHERN CALIFORNIA EDISON C Robert 'Ison iner PO Box 58034 PO Box 800 PO Box 46 N Palm Sprin 92258 Rosemead CA 91770 N Palm S i gs CA 92258 666-330-060 666- 30-00 AVENUE P& I INDIAN Rober liner 320 PINE AVENUE #501 PO so 346 LONG BEACH CA 90802 Nor P m 8, CA 92258 Neighborhood Coalition List MR BILL DAVIS AND Case 5.0961 CUP-B MR PETER DIXON MS TRISHA DAVIS July 23, 2003 P.C. Hearing- 431 SOUTH MONTE VISTA DRIVE 227 SOUTH CAHUILLA Ju V ly 23 2 WIRELESS PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR FRANK TYSEN MR JOHN HURTER MR BOB WEITHORN C/O CASA CODY COUNTRY INN PO BOX 2824 261 SOUTH BELARDO ROAD 175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92263-2824 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR TIM HOHMEIER MR BOB SEALE MR PHIL TEDESCO 1387 CALLE DE MARIA 280 CAMINO SUR 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF AGUA CALIENTE TRIBAL COUNCIL 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS =J=J � =J =J-:D 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 CITY OF PALM SPRINGS PLANNING &ZONING DEPT VERIFICATION NOTICE =J --D =J ATTN: SENIOR SECRETARY PO BOX 2743 PALM SPRINGS CA 92263-2743 SPONSORS --J -0 J -D =0 MS MARCIE BROWN DELTA GROUPS 5 PARK PLAZA#1400 IRVINE CA 92614 s F pA�M SA City of Palm Springs Department of Planning &Zoning 3200 East Tahquitz Canyon Way Palm Springs, CA 92262 " `°•• Telephone: 760-323-8245 11 FoaN�' Fax: 760-322-8360 E-mail: LorettaM@ci.palm-springs.ca.us F A X TRANSMISSION Date: July 9, 2003 To: Claudia Salgado, and Arvada Wilson Bureau of Indian Affairs From: Loretta Moffett, Senior Secretary Planning Department Subject: July 23, 2003 - Planning Commission Hearing Verizon Wireless &AFL Telecommunications, Case No. 5.0961 Good morning Claudia and Arvada! Here is an APN numberforthe one Indian landownerwithin the 400'radius of the above-referenced project who need to be notified of the July 23, 2003 Planning Commission Hearing. If there are more Indian owners in this area, please advise and I will deliver more notices. 669-050-004 USA 669 I am enclosing two (2) notices and ask for your assistance in forwarding to the one Indian landowner involved. Again, many thanks for everyone's continued help at the Bureaul Enclosures - 2 il ,�^",�,, ►JI'�lMuvirefess One Verizon Place MC: GA313IREG Alpharetta, GA 30004 (678)339-4269 September 23, 2003 Consumer Services Division California Public Utilities Commission 505 Van Ness Avenue, San Francisco, CA 94102 Re: Notification Letter for GAMET of Los Angeles SMSA Limited Partnership (U-3003-C), Los Angeles, CA MSA This is to provide the Commission with notice to the provisions of General Order No. 159. A of the Public Utilities Conunission of the State of California("CPUC") that 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, please contact Kathy Padgett of Verizon Wireless at (678) 339-4269. Very truly yours, at ienue . Padgett Specialist Regulatory Network Compliance Attachment CPUC03.0560 Attachment A CPUC CELL SITE REPORT for Los Angeles SMSA Limited Partnership (U-3003-C) PROJECT LOCATION: GAMET -NEW SITE t_ SITE ADDRESS: 6545 N. Indian Canyon CATION: Palm Springs, 92264 COUNTY: Riverside APN: 669-060-004 COORDINATES: 330 53' 58.4"/ 116° 32' 54.4" (NAD83) t. PROJECT DESCRIPTION: Los Angeles SMSA Limited Partnership (Verizon Wireless) proposes a new wireless facility consisting of: Constriction of a 70' slim line pole, one (1) 6' parabolic antemia, six (6) 4' panel antennas, one (1) GPS antenna and a 11'-6"x 16' equipment shelter. ANTENNA: Six (6) Panel Antennas One (1)Parabolic Antenna One (1) GPS Antenna TOWER DEISGN: Slim-line Pole TOWER APPEARANCE: Six (6) Panel Antenna at 63' & 68' CL One (1) Parabolic Antenna at 55' CL One (1) GPS Anterma TOWER HEIGHT: 70' BUILDING SIZE: N/A CPUC03.0560 Notification Letter Los Angeles SMSA Limited Partnership (U-3003-C) September 23, 2003 Page 3 3. BUSINESS ADDRESSES OF ALL LOCAL GOVERNMENT AGENCIES: Cc: Douglas Evans, Director of Planning and Building City of Palm Springs 3200 E. Tahquitz Canyon Way 'Pahn Springs, CA 92263 David Ready City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Trisha Sanders City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Ms. Helen Malone Utilities Enforcement Branch Consumer Services Division California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 4. APPROVALS: CONDITIONAL USE PERMIT: Issued: July 23, 2003 Effective: September 3, 2003 Agency: Palm Springs Planning Commission Permit No: CUP No. 5.0961 Resolution Number: N/A CPUC03.0560 PROOF OF PUBLICATION This is spice lice CeunlyClell:s Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside -------------------------------------------- I am a citizen of the United States and a resident of Proof of Publication of the County aforesaid; I am over the age of eighteen ------------------------------------ years,and not a party to or interested in the 'No.54sa CITY OF PALM SPRINGS above-entitled matter.I am the principal clerk of a NOTICE OF CITY COUNCIL MEETING printer of the,DESERT SUN PUBLISHING NOTICE OF PUBLIC HEARING COMPANY a newspaper of general circulation, Conditional use Permit No.5.0967 printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been Verizon wireless adjudged a newspaper of general circulation by the 6545 North Indian Canyon Drive Superior Court of the County of Riverside,State of NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Spnngs,California,well hold a California under the date of March 24, 1988.Case ublin h'ty at Its meeting of September 0 Number 191236;that the notice,of which the pZoo3 The ing Council meeting begins at 7:00 pp m.in the Council Chamber at City Hall, 3200 E. annexed Is a printed copy(set In type not smaller Tahot Canyon Way, Palm Spnngs. than non pariel,has been published in each regular The purpose of the hearing is to consider a Can- dltional Use Permit application by Verizon Wire and entire Issue of said newspaper and not In any less for the installation of a 70-foot tall commer- cial 'ommunloatlons,AniPnna nd a smalLegtip= supplement thereof on the following dates,to wit: ment cabinet within an 2,00o sqquare foot lease area on the property located Se 6545 North Indian Canyon Drive, Zone M-1-P, August 23'd FVICINITY All in the year 2003I certify(or declare)under penalty of perjury that theforegoing is true and correct. 26n, Dated at Palm Springs,California this---------day of----------August-----------------------------2003p am or PA'eSPRINGS v------ This actions categorically exempt from the J t7 eersionpo challenges d tr the action nal court, issues ed Act Signature a�VI CEQA) per Section 15303 (New Construction or if at the public hearing described In this notice or In I.written correspondence at, or prior to the City' Inp Council hearing. N`J& opportunity An eepes persons be given at sale hearing for all Interested case ma be di heard.Questions reggard- cnat this e Planner, VU323-8245d to Jing Yee,Asso- PATRICIA A. SANDERS PUB. August 23, 2003 RESOLUTION NO. 20731 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 5.0961,SUBJECTTO THE CONDITIONS STATED, FOR VERIZON WIRELESS TO INSTALL A COMMERCIAL COMMUNICATIONS ANTENNA ON A 70-FOOT TALL MONOPOLE DESIGNED AS A SLIMLINE POLE AND ASMALL EQUIPMENT CABINET WITHIN 2,000 SQUARE FOOT LEASE AREA, LOCATED AT 6545 NORTH INDIAN CANYON DRIVE, ZONE M-1-P, SECTION 22. WHEREAS,Verizon Wireless("Applicant')has filed an application with the City pursuant to Section 94.02.00 of the Zoning Ordinance for the installation of a Commercial Communications Antenna on a 70-foot tall monopole and a small equipment cabinet within a 2,000 square foot lease area located at 6545 North Indian Canyon Drive, Zone M-1-P, 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 No.5.0961 was given in accordance with applicable law; and WHEREAS, on July 23, 2003, a public hearing on the application for Conditional Use Permit No. 5.0961 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the application for Conditional Use Permit No.5.0961 was given in accordance with applicable law; and WHEREAS, on September 3, 2003, a public hearing on the application for Conditional Use Permit No. 5.0961 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. 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. aa/J Resolution 20731 Page 2 Pursuant to the Zoning Ordinance, a commercial communications antenna is authorized in the M-1-P (Planned Research and Development) 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 orfences, landscaping and otherfeatures required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The site for the communications antennae, on a 2,000 square foot lease area located at 6545 North Indian Canyon Drive, 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. 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 site forthe 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. aDAa Resolution 20731 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Conditional Use Permit No. 5.0961, 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 September 2003. AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: Member Hodges. ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: Resolution 20731 Page 4 EXHIBIT A Conditional Use Permit No. 5.0961 Verizon Wireless 6545 North Indian Canyon Drive September 3, 2003 CONDITIONS OF APPROVAL Beforefinal acceptance of the project,all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 1 a. 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 5.0961, The City of Palm Springs will promptly notify the applicant of any such claim,action,or proceeding againstthe City of Palm Springs and the applicantwill 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 judgement 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. 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. c�2� Resolution 20731 Page 5 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 slimline pole structure shall be 70 feet, as indicated on the conceptually approved plans, as measured from finished grade to the highest point of the pole. 7. If the antennae and/or monopole are ever abandoned or if this Conditional Use Permit ever expires, the monopole 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 112% 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 perimeter fence and gates shall measure 8 feet in height and be constructed of decorative metal or other alternative material. Chainlink fencing is prohibited. 11. The applicant shall comply with the requirements of the Federal Aviation Administration. Proof of compliance shall be provided to the Director of Aviation to the Director of Planning and Zoning prior to the issuance of building permits. 12. The City reserves the right to require, at any time in the future, one obstruction light on the tallest point of the structure extending 12" -24" above the highest point of the pole/fronds if deemed necessary by the Director of Planning and Zoning. 13. The applicant/operator of the facility shall agree to allow the co-location of equipment of other wireless communications providers at this site when applications are received bythe City and it is considered feasible, subject to an agreement between the applicant/operator, the other proposed wireless communications provider, and the property owner. 14. The design of the monopole shall be a slimline pole with no visible antennas. The antennas, with the exception of the parabolic dish, shall be located inside the pole. 15. 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. �2 ads Resolution 20731 Page 6 POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 1. 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. 2. Proximityto 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 None. Resolution 20731 Page 7 VICINITY MAP 6546 N. INDIAN CANYON PALM SPRINGS, CA g2264 GARNET A 10 1111� 11 N Sal W E �d S z THOMAS BROTHERS MAP z PG. 726 GRID 0-5 CITY OF PALM SPRINGS CASE NQ. 5.0961 CUP EaQ—R FT ON 1ARRM-ANT Verizon Wireless Application for a Conditional Use Permit to construct a 70 foot high slimline pole at 6545 North Indian Canyon Drive, Zone M-1-P, Section 22. OWN