HomeMy WebLinkAboutRes No 27791
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PLANNING COMMISSION RESOLUTION NO. 2779
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
CONSTRUCT A 65-FOOT-TALL WIRELESS TELECOMMUNICATIONS
FACILITY, AND A 288-SQUARE-FOOT EQUIPMENT ENCLOSURE AT
78005 COUNTRY CLUB DRIVE; AND ADOPTING A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: CUP 19-0002
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of August 2020, hold a duly noticed public hearing to consider the request by
Smartlink, LLC. for AT&T, for approval of the above -noted; and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on the 9th day of June 2020, held a meeting to consider the request by
Smartlink, LLC. for AT&T, and recommended approval of the above -noted project request;
and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, in that the Director
of Community Development has determined that the project will not have a significant impact
on the environment and that the project is categorically exempt under Article 19, Section
15303 New Construction or Conversion of Small Structures (Class 3) of the CEQA
Guidelines; and
WHEREAS, at the said public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, said Planning
Commission did find the following facts and reasons to exist to justify the approval of said
request:
FINDINGS OF APPROVAL:
1. That existing towers and buildings do not technologically afford the applicant the
ability to provide service to the service area of the applicant or service provider.
The applicant has provided a justification letter and coverage maps indicating the
locations of existing telecommunication sites in the area. The closest site for this
operator is over one (1) mile away to the east and locating new equipment at that
site will not fill the coverage gaps in this area. In addition, an existing facility located
adjacent to the proposed tower is operating at maximum capacity and collocation
at this facility is infeasible due to City screening requirements.
2. That the geographical boundaries of the proposed service area cannot
technologically be bifurcated to avoid the necessity for a freestanding
tower/antenna at the height proposed.
PLANNING COMMISSION RESOLUTION NO. 2779
The applicant has proposed installation of a freestanding tower designed to
resemble a fan palm (monopalm). The site was specifically chosen because of the
service gap and the need for a new facility in the vicinity. Surrounding areas are a
mix of commercial properties in the immediate vicinity and multi -family residential
properties to the west, east, and south. The proposed location cannot be bifurcated
as other areas in the vicinity are more visible from the public right-of-way and
technologically cannot fill in the coverage gaps in the area.
3. That the applicant shows compelling technological or economic reason(s) for
requiring a new freestanding facility.
The technological reasons are stated in the project description letter submitted for
the Planning Commission's review. Existing coverage and technology in the area
is inadequate for existing customers. The proposed facility will allow for better
service and create a larger network leading to increased capacity. The applicant
has enclosed a copy of their coverage map based on the new wireless site, along
with a letter of site justification.
4. That there is a unique land use characteristic or nearby geographic feature which
results in a compelling technological need to locate the commercial communication
towers and/or commercial communication antennas in the location and/or at the
height proposed.
The project location is near the center of a cellular telephone coverage gap. Due
to the land use pattern consisting of residential land uses to the west limiting
potential locations, the regional airport to the east limiting height opportunities and
freeway, this location proves ideal for the applicant's facility. Due to its proximity to
heavily trafficked commercial areas, the tower must be designed as a faux palm
tree to mitigate negative aesthetic impacts.
5. That the unique land use characteristics or geographic features mitigate any
negative aesthetic concerns.
The presence of a quasi -industrial personal storage facility to the project location's
west assists in screening the tower from moderate residential communities.
Existing and proposed clusters of live palm trees assist in screening the proposed
tower from adjacent arterial roads.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings of the
Planning Commission in this case.
2. That the Planning Commission does hereby approve Conditional Use Permit 19-
0002, subject to the conditions of approval (attached).
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PLANNING COMMISSION RESOLUTION NO. 2779
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PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 18th day of August 2020, by the
following vote, to wit:
AYES: DE LUNA and HOLT
NOES: GREENWOOD
ABSENT: GREGORY and PRADETTO
ABSTAIN: NONE
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2779
CONDITIONS OF APPROVAL
CASE NO. CUP 19-0002
Department of Community Development:
1. The Project site shall be developed and maintained in conformance with the approved
plans on file with the Department of Community Development, except as modified by
conditions herein.
2. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Department of Community Development.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein, which are in addition to all municipal ordinances and state
and federal statutes now in force, or which hereafter may be in force.
4. Construction of said project shall commence within one year from the date of final
approval unless an extension of time is granted, otherwise said approval shall become
null, void, and of no effect whatsoever.
5. Any proposed modifications to this Conditional Use Permit shall require an amendment
to the application, which will result in a new public hearing.
6. Prior to issuance of a building permit for construction of any use contemplated by this
approval, the applicant shall first obtain permits and/or clearance from the following
agencies:
Building & Safety Department
City Fire Marshal
Public Works Department
Coachella Valley Water District
7. The Applicant shall agree to defend, indemnify, and hold harmless the City of Palm
Desert or its agents, officers, and employees from any claim, action or proceeding
against the City of Palm Desert or its agents, officers or employees, to attack, set aside,
void, or annul, any approval of the City of Palm Desert, whether by its City Council,
Planning Commission, or other authorized board or officer of the City.
8. Final landscape and irrigation documents shall be prepared by a Landscape Architect
registered with the State of California and shall be submitted to the City's Department of
Community Development and the Coachella Valley Water District for review and
approval. All sheets shall be wet signed by the Landscape Architect and shall include
the license number and the expiration date. The landscape plan shall conform to the
preliminary landscape plans prepared as part of this application, and shall include dense
plantings of landscape material. All plants shall be a minimum of five gallons in size, and
all trees shall be a minimum 24-inch box in size.
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PLANNING COMMISSION RESOLUTION NO. 2779
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9. All project irrigation systems shall function properly, and landscaping shall be maintained
in a healthy and thriving condition. The maintenance of landscaping and the irrigation
system shall be permanently provided for all areas of the project site, as well as
walkways and the portion of public right-of-way abutting the project site (parkways and
medians). Furthermore, the plans shall identify responsibility for the continued
maintenance (such as a homeowners' association, landscape maintenance district,
property owner, etc.).
10. Site lighting shall be reviewed and approved by the Department of Community
Development and shall conform to the City's Outdoor Lighting Ordinance.
11. All conduits running between the tower and equipment enclosure shall be installed
underground.
12. All conduits running up the tower shall be contained within the tower itself. No wiring
conduit shall be installed on the outside of the tower.
13. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
14. The applicant shall plant live Phoenix dactylifera (date palms) throughout the project site
to screen the tower. The number and placement of the date palms shall be determined
at the discretion and approval of the Architecture Review Committee (ARC).
15. A copy of the herein -listed conditions of approval shall be included in the construction
documentation package for the project, which shall be continuously maintained on -site
during project construction.
Department of Building and Safety:
16. This Project shall comply with the latest adopted editions of the following codes:
A. 2019 California Building Code and its appendices and standards.
B. 2019 California Plumbing Code and its appendices and standards.
C. 2019 California Mechanical Code and its appendices and standards.
D. 2019 California Electrical Code.
E. 2019 California Energy Code.
F. 2019 California Green Building Standards Code.
G. 2019 California Administrative Code.
H. 2019 California Fire Code and its appendices and standards.
17. Provide two (2) complete sets of plans and structural calculations for the proposed
project.
18. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm Desert Municipal Code, Title 5.
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PLANNING COMMISSION RESOLUTION NO. 2779
19. All contractors and/or owner -builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
END OF CONDITIONS
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