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November 17, 2013

DHS Planning Commission - November 12, 2013

Cellphone Tower

This first item had two parts: first, a zoning text amendment to create guidelines on how a cellphone tower site can be permitted in a residential zone; and, two, a conditional use permit for a Verizon Wireless cellphone tower site on Mission Lakes Boulevard.

Under the existing zoning rules, a cellphone tower would be permitted as an accessory use in a residential zone. IOW, somebody could put one up in their backyard. City staff took the opportunity provided by this Verizon Wireless proposal to codify more stringent restrictions on cellphone towers in residential zones. The new rules apply to satellite dishes larger than 10.5 feet in diameter and any antenna taller than 75 feet, as well as cellular towers in residential zones.

  • The property must be at least 5 acres,
  • There must be a 6-foot masonry wall surrounding the facility,
  • The property must be landscaped, including the area 20-feet deep along the street frontage,
  • The cell tower must be the primary use (i.e., nothing else will be built on the 5 acres), and
  • The applicant "must complete all street dedications and/or improvements as it would otherwise be required for any proposed residential development in a residential district."

In addition, staff proposed an unrelated clean-up item for the zoning code:

  • Changing the word "church" to "place of worship"

A zoning text amendment must also be approved by the City Council who must give it two readings. The amendment would become effective 30 days after the second reading.


The Verizon Wireless celltower proposal was for this spot here, between the MSWD well on the west and the RV storage facility on the east.

The tower will be decorated to look like a water tower. The conditional use permit requires palo verde trees around the tower and along Mission Lakes Boulevard. The tower itself will be 500 feet from Mission Lakes Boulevard.

Commissioner Colarossi said he has observed a loss of cellphone service when he gets very close to a cell tower and wondered if the same thing would happen for this site. The representative for Smartlink, who is building this for Verizon Wireless, said that every company operates on their assigned bands and there should be no interference from other carriers regardless of the proximity to a tower.

Mr. Colarossi also asked if this project was exempt from a water quality management plan. The answer is no, all requirements for drainage and retention must be met. Mr. Colarossi said that he thought that report should be available for the Planning Commission to review. Staff said that a WQMP is required if the project is to disturb more than an acre, but this project will disturb less than an acre. Usually WQMPs are reviewed by staff in the engineering and building departments, not the Planning Commission. Mr. Colarossi said there should be some indication in the agenda packet that the WQMP has been reviewed. It was explained that it would normally be part of the process at plan check, which comes after, not before the Planning Commission hearing. Mr. Colarossi said he is concerned that it doesn't actually get done. Attorney Mizrahi said that Martín Magaña could bring the report back to the Planning Commission after it is done. Mr. Colarossi said he was sure the law required that report before the project comes to the Planning Commission. Attorney Mizrahi very diplomatically said she never heard of that law, but she will "double check."

Mr. Colarossi continued, saying that he doesn't like it when he sees conditions that something is to be "completed to the satisfaction of the city engineer." He wants to see on the site plan where water is going to be held, if at all.

The conditions of approval say only this about the palo verde trees: "Blue Palo Verde Trees shall be planted every 20 feet around the perimeter of the site and along the street frontage." Richard (new in the Planning Department) suggested that be expanded to say they must be the size that comes in a 24-inch box. That was then further clarified to say that each tree must have a diameter of 3 inches measured at a point 5 inches above the soil surface.

Commissioner Romero said that even though established palo verde trees need no assistance, they do need deep watering in their first year in order to become established.

Ms. Romero wondered if the screening could reduce the efficiency of the tower. The answer from Smartlink was that trees can interfere with the radio signals, the screen around the antennas is transparent to radio frequencies.

The facility will have a hooded light that is motion activated. It shines downward and is located on the equipment. That should be the only light on the site.

Approved 5-0.

Vista Ventana Spa & Resort

This is the building on the northeast corner of 6th and Palm that most recently was called "Spring of Eden." It was originally built about 1961 as an apartment building and has switched between that use and use as a spa a couple of times. Vista Ventana is proposing to bring it back as a spa and get it open in January 2014, if things go well. This was one of those properties we hear about from Code Enforcement, where the owners began to rehab and upgrade the property with no permits whatsoever. After the city stopped that, the applicant was brought into the city process and shown the fees he would be paying to make this legal. The owner estimated this delayed his planned opening by only about two months. When completed, it is estimated that the spa will bring in about $32,000 in TOT revenue to the city. It will have 3 full-time employees with a projected payroll of about $82,000.


Google street view of the building.

Mr. Magaña said that code would require this property to have 23 parking spaces, and it comes nowhere close to that. City staff used the same 65% figure they used for Hotel Hyundae next door - that is, they estimate occupancy will not exceed 65%. Using that figure lowers the requirement to 14 spaces for Vista Ventana, a figure that still exceeds the available parking. They have 12 spaces. Mr. Magaña said that they could use on-street parking or make reciprocal arrangements with a neighboring property. There are 19 rooms in the future spa.

They are going to remove the pole-mounted sign and put their new sign up on the south-facing blank wall of the building.

Vista Ventana - Elevations
Elevations showing proposed painting and landscaping.
(Ignore the sign on the post, which they will take out.)

The site will have to be upgraded to meet ADA standards.

Commissioner Colarossi observed erosion near the curb, which suggested to him that water rushing down Palm Drive jumped the curb. He wondered if they had a master plan that showed where the water elevation would be during a 100-year flood, and whether the engineer has looked at that.

Mr. Colarossi asked if the project could continue even if they fail to make additional parking arrangements. Mr. Magaña said it could. It's a legal non-conforming issue.

Vista Ventana - partial preliminary site plan
Part of the preliminary site plan.
Note the heavy dark line that indicates the extent of the city's right-of-way. Mr. Colarossi asked why the right of way goes right through the parked cars. Mr. Magaña said that's how these old subdivisions were laid out. It's common in the streets north of Pierson. The spa next door to this one is the same way. Someday when street improvements are made, this can be corrected. Chair Sobotta said the future remedy could be the adoption by the city of a different cross section for the street. The same situation exists on San Marcus, he said. Mr. Magaña said that as part of the General Plan update, they'll be looking at street widths. He said that some of the streets south of Pierson have 80-foot rights of way, while north of Pierson they're 60-feet.

Mr. Sobotta said that Palm Springs created narrower right-of-way standards for some areas. The minimum is 28 feet.

Scott Monroe, the applicant, was at this meeting. He's a real estate investor and certified property manager. He owns and operates several mobil home parks and apartment buildings. He took over America's Best Value Inn in Palm Springs and renamed it The Monroe. He expects to reposition the Vista Ventana in the market and make it very successful. The parking may become a challenge, but they are anticipating a 52% occupancy rate. They will make arrangements with their neighbors. He has a similar arrangement at The Monroe. A unique aspect at Vista Ventana is that the units have kitchenettes, which will make them more attractive to people who want to stay 2 or 3 weeks.

The bougainvillea you see on the west wall are intended to partly screen the protruding air conditioners somewhat. He doesn't want to replace the air conditioners yet because his expenses are going higher than he had expected. The engineering fees and come of the conditions of approval are costing him $40,000 to $50,000. He said he plans to open with $79 room rates. If business is successful then he could consider raising his rates and spending more money on some things like the appearance of the west side of the building.

The engineering requirements and the need to repave the parking area may delay the opening.

Commissioner Gerardi said the important thing is to get this building re-occupied, even though he's not real happy with the appearance of the Palm Drive side. Commissioner Burke agreed, saying that he'd like it to be as beautiful as possible, but if this proposal isn't approved, then we have just an empty ugly building sitting there.

Approved 4-1 with no changes, Commissioner Colarossi voting no.

Mr. Gerardi commented that the non-conforming buildings could add a lot of character to downtown if we do them right.

Filed under Desert Hot Springs | permalink | November 17, 2013 at 03:32 PM

Comments

I would imagine that Mission Lakes Country Club residents might be a bit miffed at a new cell tower blocking their views there, or, maybe they would welcome it for better reception? Is that shopping center there open for business yet? If so, what stores are there. Is there a food market?

Posted by: A/V at Nov 19, 2013 8:16:05 AM

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