HomeMy WebLinkAboutRes No 2786PLANNING COMMISSION RESOLUTION NO. 2786
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 EQUIPMENT ENCLOSURE AT 73750 DINAH SHORE
DRIVE; AND ADOPTING A NOTICE OF EXEMPTION IN ACCORDANCE
WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
CASE NO: CUP 20-0007
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 19th day of January 2021, hold a duly noticed public hearing to consider the request by
AT&T-Smartlink for approval of the above -noted; and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on the 8th day of December 2020, held a meeting to consider the request by
AT&T-Smartlink, 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:
Findings for 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 map indicating the
locations of existing telecommunication sites in the area. The closest site for this
operator is over one and one-half (1.5) miles away to the west and 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. 2786
The applicant has proposed the 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 light industrial and business park properties in the immediate vicinity and
retail commercial uses to the west. 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 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.
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 20-
0007, subject to the conditions of approval (attached).
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 19th day of January 2021, by the
following vote, to wit:
AYES: DE LUNA, GREENWOOD, GREGORY, HOLT, and PRADETTO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
M. - (--,- - ��-
J HN RE OOD, R
ATTEST:
RYAN STENDELL, SECRETARY
PALM DESERT PLANNING COMMISSION
PLANNING COMMISSION RESOLUTION NO. 2786
CONDITIONS OF APPROVAL
CASE NO. CUP 20-0007
Department of Community Development:
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.
PLANNING COMMISSION RESOLUTION NO. 2786
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. No cables and conduits on the tower shall be visible. All cables and conduit for the facility
shall be screened, so they are not visible.
12. The applicant shall plant and provide irrigation improvements for two new 40-foot-tall live
palm trees in the front setback along Dinah Shore Drive within the existing landscaped
areas.
13. The facility shall be maintained in a condition consistent with the conditions of this
approval with no visible deterioration of the faux palm treatment and finishes. All
landscaping shall be maintained in a healthy status. If the facility is not maintained, this
approval will be subject to revocation or corrective action to restore the facility.
14. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
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.
PLANNING COMMISSION RESOLUTION NO. 2786
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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 THE CONDITIONS OF APPROVAL
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