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2022-11-01 PC Regular Meeting Agenda Packet
City of Palm Desert Page 1 PLANNING COMMISSION CITY OF PALM DESERT, CALIFORNIA AGENDA (HYBRID MEETING) City Hall – Council Chamber 73510 Fred Waring Drive Palm Desert, CA 92260 Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. • To participate via Zoom, use the following link: https://palmdesert.zoom.us/j/84739707419. • To participate via phone: Dial (213) 338-8477 or (602) 753-0140, enter the Zoom Webinar ID: 847 3970 7419 followed by #. Indicate that you are a participant by pressing # to continue. During the meeting, press *9 to add yourself to the queue and wait for the Recording Secretary to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. • Written public comment may also be submitted to planning@cityofpalmdesert.org. Emails received by 3:00 p.m. prior to the meeting will be distributed to the Commission. Any correspondence received during or after the meeting will be distributed to the Commission as soon as practicable and retained for the official record. Emails will not be read aloud except as an ADA accommodation. 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. NON-AGENDA PUBLIC COMMENT: This time has been set aside for the public to address the Planning Commission on issues that are not on the agenda for up to three minutes. Because the Brown Act does not allow the Commission to act on items not listed on the agenda, members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 5. CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by Commissioners for a separate discussion. Tuesday November 1, 2022 6:00 p.m. Regular Meeting Planning Commission Agenda November 1, 2022 City of Palm Desert Page 2 A. APPROVAL OF MINUTES RECOMMENDATION: Approve the Planning Commission Regular Meeting minutes of October 18, 2022. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 6. ACTION CALENDAR None 7. PUBLIC HEARINGS: Anyone who challenges any hearing matter in court may be limited to raising only those issues he or she raised at the public hearing described herein, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Remarks shall be limited to a maximum of three minutes unless the Planning Commission authorizes additional time. A. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT AN UNMANNED, 65-FOOT- TALL WIRELESS TELECOMMUNICATION FACILITY DESIGNED AS A STEALTH MONOPALM WITHIN A 562-SQUARE-FOOT LEASE AREA, A BLOCK WALL ENCLOSURE CONTAINING GROUND-MOUNTED EQUIPMENT, AND NEW LANDSCAPING LOCATED AT 39750 GARAND LANE RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2822: 1. Adopting a Notice of Exemption in accordance with CEQA. 2. Approving the request for a CUP to construct an unmanned, 65’-0” tall wireless telecommunication facility (WTF) designed as a stealth monopalm within a 562- square-foot lease area, a block wall enclosure containing ground-mounted equipment, and new landscaping located at 39750 Garand Lane. 8. INFORMATIONAL REPORTS & COMMENTS A. SUMMARY OF CITY COUNCIL ACTIONS B. COMMITTEE MEETING UPDATES 1. Cultural Arts Committee 2. Parks and Recreation Commission C. PLANNING COMMISSIONERS D. CITY STAFF E. ATTENDANCE REPORT 9. ADJOURNMENT: The next Regular Meeting will be held on November 15, 2022, at 6:00 p.m. Planning Commission Agenda November 1, 2022 City of Palm Desert Page 3 AFFIDAVIT OF POSTING I hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda for the Planning Commission was posted on the City Hall bulletin board and City website not less than 72 hours prior to the meeting. Monica O’Reilly Recording Secretary PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Development Services Department, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.cityofpalmdesert.org. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 346-0611, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible City of Palm Desert Page 1 PLANNING COMMISSION CITY OF PALM DESERT, CALIFORNIA MINUTES Pursuant to Assembly Bill 361, this meeting was conducted by teleconference, and there was no in-person public access to the meeting location. 1. CALL TO ORDER A Regular Meeting of the Planning Commission was called to order by Chair DeLuna on Tuesday, October 18, 2022, at 6:00 p.m. 2. ROLL CALL Present: Commissioners John Greenwood, Ron Gregory, Lindsay Holt, Vice-Chair Joseph Pradetto, and Chair Nancy DeLuna. Absent: None. Staff Present: Craig Hayes, Assistant City Attorney, Richard D. Cannone, AICP, Director of Development Services; Rosie Lua, Deputy Director of Development Services; Nick Melloni, Senior Planner; Tim Jonasson, Engineering Consultant; and Monica O’Reilly, Recording Secretary. 3. PLEDGE OF ALLEGIANCE Commissioner Greenwood led the Pledge of Allegiance. 4. NON-AGENDA PUBLIC COMMENT: None. 5. CONSENT CALENDAR: The staff report(s) and Zoom video of the meeting are available on the City’s website. Click on the following link to access: www.cityofpalmdesert.org/our- city/committees-and-commissions/commission-information. Tuesday, October 18, 2022 6:00 p.m. Regular Meeting Planning Commission Minutes October 18, 2022 City of Palm Desert Page 2 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES A. APPROVAL OF MINUTES RECOMMENDATION: Approve the Minutes of September 6, 2022. MOTION BY COMMISSIONER PRADETTO, SECOND BY COMMISSIONER GREENWOOD, CARRIED 4-0-1 (HOLT ABSTAINING), to approve the Planning Commission Regular Meeting minutes of September 6, 2022. CONSENT ITEMS HELD OVER: None. 6. ACTION CALENDAR None. 7. PUBLIC HEARINGS A. CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) AMENDMENT TO ADD A DISTRIBUTION LICENSE WITHIN AN EXISTING 2,100-SQUARE-FOOT RETAIL CANNABIS BUSINESS LOCATED AT 73345 HIGHWAY 111, SUITE 205 Senior Planner Melloni presented the staff report and responded to Commissioner inquiries. Chair DeLuna opened the Public Hearing. Lakeavia King, Applicant, provided information regarding the filtration system and packaging of the product. There being no others desiring to speak, the Public Hearing was closed. MOTION BY COMMISSIONER GREENWOOD, SECOND BY COMMISSIONER PRADETTO, CARRIED 5-0, to: 1. Adopting a Notice of Exemption in accordance with CEQA. 2. Approving the request to amend CUP 17-0006 to allow on-site distribution for the existing retail cannabis business located at 73345 Highway 111, Suite 205. B. CONSIDERATION OF A RECOMMENDATION TO THE CITY COUNCIL TO ADOPT A MITIGATED NEGATIVE DECLARATION PURSUANT TO CEQA; AND APPROVAL OF A SPECIFIC PLAN, AND TENTATIVE TRACT MAP 38434 TO ESTABLISH OF 969 RESIDENTIAL DWELLING UNITS, AND RELATED IMPROVEMENTS ON A 106.4- ACRE PARCEL LOCATED AT THE SOUTHWEST CORNER OF GERALD FORD DRIVE AND THE EXTENSION OF REMBRANDT PARKWAY Commissioner Gregory announced his recusal, noting that he works for MSA Engineering, which provided engineering services for the project. He left the Zoom meeting at 6:14 p.m. Planning Commission Minutes October 18, 2022 City of Palm Desert Page 3 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES Senior Planner Melloni narrated a PowerPoint presentation and responded to Commissioner inquiries. Chair DeLuna opened the Public Hearing. Mark Kleiman, Applicant, thanked City staff for the presentation and addressed Commissioner inquiries. City staff responded to an inquiry concerning public transit. Dr. Timothy Steele, a Palm Desert resident, noted his concern about no public transit and schools near the proposed project. Eglert Gutierrez, a Palm Desert resident, noted his concern regarding the loss of privacy and views and an increase in traffic. Tom Jakobsen, a Palm Desert resident, voiced support for the project; however, he had an issue with the traffic study and lack of available public transit in the area. Mr. Kleiman made closing remarks. There being no others desiring to speak, the public comment period was closed. Following Commissioner comments, MOTION BY COMMISSIONER GREENWOOD, SECOND BY COMMISSIONER HOLT, CARRIED 4-0-1 (GREGORY RECUSING), approving Planning Commission Resolution Nos. 2820 and 2821, recommending approval to the City Council to: 1. Adopt a Mitigated Negative Declaration and Mitigation Monitoring Reporting Program. 2. Approve a Specific Plan and a Tentative Tract Map (Case Nos. EA22-0001/SP22- 001/TTM 38434). 3. Add a Condition of Approval to Resolution No. 2821 that the applicant provides an easement for a secondary Fire Department access connecting Street “A” with Street “B” across Lot 340 of the Tentative Tract Map. Commissioner Gregory did not return to the meeting. 8. INFORMATIONAL REPORTS & COMMENTS A. SUMMARY OF CITY COUNCIL ACTIONS Mr. Cannone summarized pertinent City Council actions from the meetings of September 29 and October 13, 2022. Ms. Lua provided an update regarding the DSRT Surf project. B. COMMITTEE MEETING UPDATES 1. Cultural Arts Committee Commissioner Holt stated that she did not attend the meeting. Planning Commission Minutes October 18, 2022 City of Palm Desert Page 4 ALL ACTIONS ARE DRAFT, PENDING APPROVAL OF THE MINUTES Chair DeLuna commented that a new art piece was installed in the roundabout at Magnesia Falls Drive. 2. Parks and Recreation Commission Mr. Melloni reported that the Commission heard an update on a policy for a park reservation system, which will proceed to the City Council for approval. C. PLANNING COMMISSIONERS Commissioner Greenwood inquired if there are plans to send Commissions to conferences for continued education. Ms. Lua replied that she would research and report back to the Commission. D. CITY STAFF Ms. Lua mentioned that the Planning Commission meetings would return to the Council Chamber very soon; staff would keep the Commission posted. E. ATTENDANCE REPORT The attendance report was provided with the agenda materials. The Commission took no action on this matter. 9. ADJOURNMENT The Planning Commission adjourned at 7:09 p.m. Respectfully submitted, Monica O’Reilly, Executive Administrative Assistant Recording Secretary ATTEST: Richard D. Cannone, Director of Development Services Secretary APPROVED BY THE PLANNING COMMISSION: __/__/2022 Page 1 of 10 CITY OF PALM DESERT STAFF REPORT MEETING DATE: November 1, 2022 PREPARED BY: Nick Melloni, Senior Planner REQUEST: CONSIDERATION TO ADOPT A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVAL OF A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT AN UNMANNED, 65- FOOT-TALL WIRELESS TELECOMMUNICATION FACILITY DESIGNED AS A STEALTH MONOPALM WITHIN A 562-SQUARE-FOOT LEASE AREA, A BLOCK WALL ENCLOSURE CONTAINING GROUND-MOUNTED EQUIPMENT, AND NEW LANDSCAPING LOCATED AT 39750 GARAND LANE RECOMMENDATION: Waive further reading and adopt Planning Commission Resolution No. 2822: 1. Conduct the public hearing and receive public testimony. 2. Adopting a Notice of Exemption in accordance with CEQA. 3. Approving the request for a CUP to construct an unmanned, 65-foot-tall wireless telecommunication facility (WTF) designed as a stealth monopalm within a 562-square-foot lease area, a block wall enclosure containing ground-mounted equipment, and new landscaping located at 39750 Garand Lane. ARCHITECTURE REVIEW COMMISSION: The Architectural Review Commission (ARC) reviewed the proposed project, including the tower design, enclosure design, and landscaping at their regularly scheduled meeting on September 13, 2022. The ARC recommended approval of the project to the Planning Commission, subject to conditions in a 5-0 vote (Commissioner McAuliffe absent): 1. Approve Case No. CUP 22-0001 with conditions as the following; A. Applicant shall increase wall enclosure to a height of eight (8) feet. B. Applicant will remove existing Mexican Palms or Chilean Mesquites and replace them with two mature Date Palms approximately 40 feet in height. Applicant will assess the northern portion of the parcel next to the trash enclosure for additional landscaping, including one mature Date Palm as an alternative location for one of the Date Palms. C. Applicant will adhere to a long-term maintenance plan agreement for the monopalm. Since the September 13, 2022, ARC meeting, the Applicant has incorporated the following conditions imposed on the project satisfying the conditions as stated above: 1. Increased the height of the equipment enclosure to eight (8) feet minimum per the requirement of Palm Desert Municipal Code (PDMC) Chapter 25.34.130. 2. Added one 36-foot Brown Trunk Height (BTH) Date Palm north of the site as a means of screening since the area of the existing Mexican fan palms and Chilean Mesquites were not a City of Palm Desert Case No. CUP22-0001 Smartlink/AT&T Cell Tower Page 2 of 10 sufficient width for new Date Palm trees. 3.For long-term maintenance, a tower and landscape maintenance agreement will be conditioned for the project to ensure long-term maintenance is enforced. EXECUTIVE SUMMARY: The Applicant, Smartlink Group LLC, on behalf of AT&T, requests approval of a CUP to develop a new unmanned cell tower facility, or wireless telecommunication facility (WTF). The project location is within the parking area of the developed 13,546-square-foot light industrial building located at 39750 Garand Lane (APN 626-410-046). The facility is located at the rear area of the site and is setback a minimum of 400 feet from nearby public streets. The enclosure will replace three (3) existing parking spaces. The design of the proposed stealth facility has been approved by the ARC and has incorporated design elements to ensure compatibility for the location, visual aesthetics, and screening. The request for consideration includes waiving the 1,000-foot separation requirement from the existing off-site wireless communications facility established under PDMC Section 25.34.130 (F)(3), as there is an existing tower located within 530’-0” to the east of the project site. BACKGROUND/ANALYSIS: A.Property Description: The project site is a developed 0.81-acre site located at 39750 Garand Lane (APN 626-410-046). The site is developed with a 13,546-square-foot light industrial building, which is part of a four (4) building industrial complex approved by the City in the early 2000s (see City Council Ordinance No. 904 and Planning Commission Resolution No. 1997 for cases C/Z 98-9 and PP 00-08). The complex is fully developed with related site improvements, including parking, drivelines, landscaping, and frontage improvements. A private road runs directly adjacent to the east of the project site, providing reciprocal access between the buildings and the adjacent Desert Country Plaza retail center to the east. The project site is approximately 1.5 miles northwest of the Bermuda Dunes Airport, which is located within the unincorporated Riverside County community of Bermuda Dunes. At this proximity, the site is within Compatibility Zone C of the Bermuda Dunes Airport Land Use Combability Plan as shown in Figure 1 below and must comply with the requirements of the Riverside County Airport Land Use Commission (RCALUC). Figure 1 – Project Location within Bermuda Dunes Airport Plan (See next page.) City of Palm Desert Case No. CUP22-0001 Smartlink/AT&T Cell Tower Page 3 of 10 B.Current Zoning & General Plan Land Use Designation: Table 1 – Adjacent Land Use and Designations Existing Uses General Plan Zoning Project Site Light-industrial building Suburban Retail Center (SRC) Service Industrial (SI), Freeway Commercial Overlay Zone (FCOZ) North Personal storage facility SRC District Commercial Center (PC- 2), FCOZ South Multi-tenant light- industrial buildings SRC SI, FCOZ East Commercial gym, retail center SRC PC-2, FCOZ West Light-industrial building SRC SI, FCOZ Project Description: The project will construct a 65-foot-tall wireless communication facility in the rear parking area of an existing light-industrial facility. Improvements will consist of the tower and an enclosure to screen ground-mounted equipment. The applicant requested a waiver of the separation requirement from existing towers located within 1,000 feet of the project site. The project’s 562 square feet of ground lease area improvements consist of the following: •Construction of a one (1) new 65-foot-tall WTF stealth facility designed as a palm tree, including the following equipment: o Nine (9) panel antennas o Thirty-six (36) remote radio units o One (1) microwave GPS antenna •Ground-mounted equipment located within an eight-foot-tall (8’) concrete masonry unit (CMU) City of Palm Desert Case No. CUP22-0001 Smartlink/AT&T Cell Tower Page 4 of 10 block enclosure containing: o One (1) power generator o Utility cabinets o Delta walk-up cabinets o Other support equipment o Metal shade canopy structure. •Landscaping along the exterior of the CMU enclosure. •Planting of one (1) new Date Palm Site Plan and Parking The facility lease area is proposed in a rear area of the existing parking lot at the eastern edge of the site, shown below in Figure 2. Figure 2 – Facility Site Plan – See Sheet A-1 of Project Plans This area of the site is developed with three (3) parking spaces, directly south of an enclosed storage yard/parking area, and existing landscape areas. Additionally, there is an existing valley gutter for stormwater drainage near the western edge of the proposed lease area, and a fire hydrant to the south. The three (3) parking spaces will be removed for the development of the facilities. Twenty-seven (27) parking spaces will remain intact for the existing 13,546-square-foot industrial building. Access and Circulation The proposed facility is located outside of existing drive lanes and will not impact existing circulation on the site. There are existing private drive aisles that provide for vehicular circulation throughout the parking area of the industrial complex. These drive aisles also provide reciprocal vehicle access between parking areas of the neighboring developments. The proposed facility is located outside of the adjacent drive lanes and will preserve the full width of these existing improvements by not encroaching City of Palm Desert Case No. CUP22-0001 Smartlink/AT&T Cell Tower Page 5 of 10 upon existing vehicular circulation for parking and emergency vehicles. The facility will be unmanned and will not generate demand for additional parking or circulation modifications except during routine maintenance. Design and Screening The proposed tower is designed as a “date monopalm” (a cell tower designed to mimic a Phoenix dactylifera commonly known as a date palm). The overall height of the tower will be 65 feet from grade level. The centerline of the antenna array will begin at a height of 56 feet above grade level, with the largest panel antennas extending up to a maximum height of 60 feet. The faux palm fronds will extend up to five (5’) feet above the antenna array and extend out to provide coverage of the equipment. A two (2’) feet microwave antenna is mounted below the array on the pole of the tower. Brown faux fronds extend 13 feet below the antenna to simulate the appearance of dead palm fronds and screen the proposed microwave antenna. The tower pole is rounded and clad with a textured material to simulate the appearance of a palm trunk. The ground-mounted equipment will be screened by an eight-foot (8’) wall enclosure constructed from tan concrete masonry unit (CMU) blocks to match the existing walls located on the site. A metal shade structure is proposed over a ground-mounted cabinet and will extend above the exterior walls of the enclosure. Access to the enclosure will be available via a metal gate on the west elevation. Figure 3 – Tower East Elevation – See Sheet A-3 of Project Plans City of Palm Desert Case No. CUP22-0001 Smartlink/AT&T Cell Tower Page 6 of 10 Landscaping The applicant will provide new landscape plantings along the southern and eastern elevations of the proposed enclosure. Trees – The applicant will preserve four existing trees and plant one new tree located next to the enclosure consisting of: •Two (2) Chilean Mesquite (existing) •Two (2) Mexican fan palms (existing) •One (1) Date Palm (36’ BTH). Shrubs and Vines – The applicant will provide new shrubs and vines to line perimeter portions of the enclosure, which are most visible to parking areas and private drive-aisles, including: •Thirteen (13) – Five (5) Gallon – Compact Texas Ranger •Three (3) – Five (5) Gallon – Cat’s Claw Vine Analysis: Zoning and Development Standards The PDMC allows WTFs, subject to the approval of a CUP by the Palm Desert Planning Division, and establishes development and design standards under Section 25.34.130. The development and design standards are intended to minimize the visual impact of towers by establishing allowed zones, maximum height, minimum separation distances between towers, and design guidelines for the tower and support equipment. The facility conforms to PDMC requirements as shown below: Figure 4 – Project Conformance Determination *Separation standards may be waived by the commission for stealth design (e.g. artificial palm tree) per PDMC 25.34.130 (O)(2). Additional development standard compliance is provided below: PDMC 25.34.130 (F)(4) – Fencing The project proposes to enclose the ground-mounted equipment with an eight-foot (8’) CMU wall in compliance with the PDMC. The wall will be finished with a tan split-face CMU to match the existing site wall within the facility. STANDARD REQUIREMENT PROJECT CONFORMS Height 65’-0” maximum 65’-0” Yes Separation between towers 1,000’ minimum 530’-0” Yes* Separation from residential 300’ minimum 685’-0” min. Yes Front Setback - 230’-5” Yes Rear Setback - 71’-4” Yes Interior Side Setback - 10’-5” Yes Street Side Setback - N/A N/A City of Palm Desert Case No. CUP22-0001 Smartlink/AT&T Cell Tower Page 7 of 10 PDMC 25.34.130 (F)(5) – Landscaping The project proposes landscape buffers on the east and south perimeters of the wall enclosure by providing hedging shrubs, wall climbing vines, and preserving existing trees. The west elevation cannot be landscaped as the width of the drive lane must be preserved, and an existing stormwater drainage gutter must not be altered and limit the potential expansion of landscape areas. The applicant will retain two existing Mexican fan palm trees in the area south of the tower. The applicant will be adding two new date palms adjacent to the tower per the conditions of the ARC. Both trees will be 36 feet brown trunk height at the time of planting. PDMC 25.34.130 (F)(9) – Illumination No illumination of the tower is permitted except to ensure safety or as required by the Federal Aviation Administration (FAA). No tower illumination is proposed, and the RCALUC prohibits certain illumination for a structure of this height in this airport compatibility zone. The project is conditioned to comply with Chapter 24.16 – Outdoor Lighting of the PDMC and requires outdoor lighting to be fully shielded and downward facing. PDMC 25.34.130 (K) Signage and advertising. Advertising signage is prohibited. The project complies as no signage is proposed. PDMC 25.34.130 (O)(1) – Stealth Installation Height The height limit of stealth towers is a maximum of 65 feet, with an allowance for faux fronds to exceed 10 feet above the antenna height. The proposed antennas are 60 feet above grade, with the faux fronds extending to 65 feet, and complies with this requirement. PDMC 25.34.130 (O)(2) -Stealth Installation Separation Waiver The proposed tower is located within 1,000 feet of two existing approved cell towers as follows: Address Distance from Proposed Tower Height CUP No. Approval Resolution Status 77850 Country Club Drive 530'-0" 65'-0" Monopalm CUP 01-3 PC Reso. No. 2053 Active 77850 Country Club Drive 730'-0" 65'-0" Monopalm CUP 00-6 PC Reso. No. 1989 Vacant These existing towers are both designed as stealth monopalms and located within the same general vicinity at the rear of Desert Country Plaza. The applicant has indicated that collocating on the existing towers is not feasible due to the height requirement to meet service requirements in the area. Additionally, collocating upon the existing towers may interfere with design requirements for those towers which feature a single array for carriers. The applicant has explored locating on the vacant tower located 730 feet away from the tower. This tower is referred to as “SBA Tower” in the applicant’s justification letter attached to this staff report. The applicant was unable to come to an agreement with the owner and locating upon the tower is infeasible. City of Palm Desert Case No. CUP22-0001 Smartlink/AT&T Cell Tower Page 8 of 10 The Commission may grant a waiver for approved stealth facilities. The proposed facility is designed to mimic a palm tree, and the design has been deemed appropriate for the area which features existing palm trees. In granting the waiver, the Commission must make findings in accordance with PDM 25.34.130(N), which are listed under the findings for approval section of this staff report. Riverside County Airport Land Use Commission (RCALUC) The project site is within Compatibility Zone C of the Bermuda Dunes Airport Influence Area requires land use approval by the RCALUC. The proposed project received conditional approval from the RCALUC on May 12, 2022. These conditions do not affect the design and will be incorporated into the recorded project approval for Planning Commission. The applicant has incorporated conditions into their project design and obtained FAA clearance on August 17, 2022, and ALUC approval on August 24, 2022. Public Input: Public noticing was conducted for the November 1, 2022, Planning Commission meeting pursuant to PDMC Section 25.60.060 and Government Code Sections 65090 to 65094. A public hearing notice was published a minimum of 10 days prior to the hearing date on Friday, October 21, 2022, in The Desert Sun newspaper. Notices were mailed to all property owners within 300 feet of the project site for a total of 29 public hearing notices mailed. No comments have been received. Environment Review: City staff has reviewed the project under the CEQA and recommends that the Planning Commission find the project is exempt from environmental review pursuant to Section 15303 New Construction or Conversion of Small Structures (Class 3) of the State CEQA Guidelines. The project involves the placement of a new 65-foot-tall wireless cell tower and a 562-square-foot, ground-mounted equipment enclosure. The project is consistent with the applicable General Plan land use designation and applicable General Plan policies, as well as applicable zoning designation and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Therefore, based on the findings, staff recommends the Planning Commission adopt a Categorical Exemption for the proposed project. Findings of Approval: Planning Commission approval is required for all CUP requests for cell towers pursuant to PDMC 25.34.130. Findings for Planning decisions are listed under PDMC Section 25.34.130 (E), and design standards are listed under PDMC 25.34.130, Findings in support of the project are listed below: New freestanding commercial communication towers/commercial communication antennas shall not be allowed unless the applicant substantiates to the satisfaction of the Commission. The PC shall find the following: 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. City of Palm Desert Case No. CUP22-0001 Smartlink/AT&T Cell Tower Page 9 of 10 Existing towers and buildings within the area do not afford the applicant the ability to provide service coverage to the area. An existing tower is located approximately 530 feet to the east of the project site at 77850 Country Club Drive behind the Desert Country Plaza center. This tower is currently occupied by another cell carrier. The applicant has stated that collocating on the tower will not afford them the ability to provide adequate coverage to the area due to the need for the antenna arrays to be mounted at a specific height. The existing tower features an existing antenna and does not provide enough room to mount additional antennas. Collocating on the tower by adding a second lower additional array would also require modifications to the existing tower which would compromise the existing stealth monopalm design which typically utilizes a single array screened by faux fronds. A second tower is located 730 feet east of the site, also at Desert Country Plaza. The tower is vacant and is within a similar area to provide service; however, the applicant has reportedly made several attempts to work with the owner of the tower but has been unable to reach an agreement to locate on the tower. It is our assessment that the second tower cannot be utilized. 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. 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 and light-industrial properties in the immediate vicinity and multi-family residential properties to the south beyond Country Club Drive. 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. Areas further to the east, beyond Washington Street are subject to more restrictive height requirements due to the proximity to the Bermuda Dunes Airport runway. 3.That the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. Existing coverage and technology in the area are inadequate for existing customers while reliance upon and demand for adequate cellular coverage grows. The proposed facility will allow for better service and create a larger network leading to increased capacity according to justifications submitted by the Project applicant. The site selected is located in a rear portion of a light-industrial area, where it is screened by existing buildings, which will limit visibility from highly trafficked areas and public streets. Additionally, the applicant has a documented history of negotiating with existing towers within the area for collocation but has been unable to secure a site and is therefore seeking approval for a new freestanding tower to satisfy the requirements for cellular coverage. The Commission shall make the following findings to approve exceptions. 1.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 proposed project site is in a fully developed retail and light industrial area. To the north of the site is the Interstate-10 Freeway and Union Pacific Railroad. The applicant has provided cellular coverage maps indicating that there is a gap in service for the area and high demand, necessitating the development of a new cell tower at the height proposed to ensure the gap is covered. City of Palm Desert Case No. CUP22-0001 Smartlink/AT&T Cell Tower Page 10 of 10 2.That the unique land use characteristics or geographic features mitigate any negative aesthetic concerns. The site is placed within the rear parking area of a light-industrial and retail commercial center that is separated from public roadways. The area around the site is used for overflow parking from the adjacent commercial center and private storage yards for existing light-industrial uses. The use to the north is developed with a personal storage facility which expects low-traffic volume per day. The area to the further north is the Union Pacific Railroad Line which provides rows of tall tamarisk trees as a windbreak for the track operations which will assist with screening the towers from the Interstate 10 freeway further north. The presence of the Union Pacific Railroad and built-out commercial land uses within the vicinity of the project site ensure that future uses such as residential, or tourist-oriented commercial will not be placed in proximity of the tower. The site is located approximately 630 feet to the north of existing residential uses. The view of the proposed tower from existing residential areas is buffered by existing commercial and light-industrial buildings ranging between 20 and 30 feet in height, as well as existing palm trees located within the traffic median along Country Club Drive and within existing commercial parking lots on the north side of Country Club Drive. REVIEWED BY: Deputy Director of Development Services: Rosie Lua Director of Development Services: Richard Cannone, AICP ATTACHMENTS: 1.Draft Planning Commission Resolution No. 2822 2.Public Hearing Notice 3.ARC Notice of Action and Minutes 3.CEQA Notice of Exemption 4.Riverside County Airport Land Use Commission Approval 5.Project Plans PLANNING COMMISSION RESOLUTION NO. 2822 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND APPROVING A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT AN UNMANNED, 65-FOOT-TALL WIRELESS TELECOMMUNICATION FACILITY DESIGNED AS A STEALTH MONOPALM WITHIN A 562-SQUARE- FOOT LEASE AREA, A BLOCK WALL ENCLOSURE CONTAINING GROUND-MOUNTED EQUIPMENT, AND NEW LANDSCAPING LOCATED AT 39750 GARAND LANE CASE NO. CUP 22-0001 WHEREAS, Smartlink Group, LLC (“Applicant”) submitted a CUP application to construct a wireless telecommunication facility, a block wall enclosure containing ground- mounted equipment, and new landscaping within a 562-square-foot lease area located at 39750 Garand Lane (Project), and WHEREAS, the Project conforms to the General Plan land use designation of the Service Industrial Zone and development standards listed in the City’s Zoning Ordinance for the District Commercial Center zoning district; and WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm Desert’s (“City’s”) Local CEQA Guidelines, the City is the lead agency for the Project; and WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1st day of November 2022, hold a duly noticed public hearing to consider the request for approval of the above-noted Project request; 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, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing recitals are true and correct and are incorporated herein as substantive findings of this Resolution. SECTION 2. CEQA Findings. Based upon its review of the record Planning Commission hereby finds and determines that the Project has complied with the requirements of the "City of Palm Desert Procedure for Implementation of CEQA” Resolution No. 2019-41 and the Planning Commission 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 State CEQA Guidelines. The Project involves the placement of a new 65-foot-tall wireless cell tower, and a 562-square-foot, ground-mounted equipment enclosure. The Project is PLANNING COMMISSION RESOLUTION NO. 2822 2 consistent with the applicable General Plan land use designation and applicable General Plan policies, as well as applicable zoning designation and regulations. The Project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Project approval would not result in the possibility of significant cumulative impacts upon the environment. The site is adequately served by all required utilities and public services. Furthermore, none of the exceptions to the use of the Class 3 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to a parking lot on a developed property in an industrial area. The Project will not result in a cumulative impact from successive Projects of the same type in the same place, over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. Thus, the Class 3 exemption applies, and no further environmental review is required. SECTION 3. Conditional Use Permit Findings. Under Palm Desert Municipal Code (PDMC) 25.34.130 (E), the Planning Commission finds the Project meets the requirements of the conditional use permit for a Wireless Communication Facility: 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. Existing towers and buildings within the area do not afford the Applicant the ability to provide service coverage to the area. An existing tower is located approximately 530 feet to the east of the Project site at 77850 Country Club Drive behind the Desert Country Plaza center. This tower is currently occupied by another cell carrier. The Applicant has stated that collocating on the tower will not afford them the ability to provide adequate coverage to the area due to the need for the antenna arrays to be mounted at a specific height. The existing tower features an existing antenna and does not provide enough room to mount additional antennas. Collocating on the tower by adding a second lower additional array would also require modifications to the existing tower which would compromise the existing stealth monopalm design, which typically utilizes a single array screened by faux fronds. A second tower is located 730 feet east of the site, also at Desert Country Plaza. The tower is vacant and is within a similar area to provide service; however, the Applicant has reportedly made several attempts to work with the owner of the tower but has been unable to reach an agreement to locate on the tower. It is our assessment that the second tower cannot be utilized. 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. 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, and light-industrial properties in the immediate vicinity and multi-family residential properties to the south beyond Country Club Drive. The 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. Areas further to the east, beyond Washington Street are subject to more restrictive height requirements due to the proximity to the Bermuda Dunes Airport runway. PLANNING COMMISSION RESOLUTION NO. 2822 3 3. That the Applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. Existing coverage and technology in the area are inadequate for existing customers, while reliance upon and demand for adequate cellular coverage grows. The facility will allow for better service and create a larger network leading to increased capacity according to justifications submitted by the Project Applicant. The site selected is located in a rear portion of a light-industrial area, where it is screened by existing buildings, which will limit visibility from highly trafficked areas and public streets. Additionally, the Applicant has a documented history of negotiating with existing towers within the area for collocation but has been unable to secure a site and is therefore seeking approval for a new freestanding tower to satisfy the requirements for cellular coverage. SECTION 4. Exceptions Findings. Under PDMC Section 25.34.130(N), the Planning Commission finds the following for the exception of separation for Wireless Communication Facilities: 1. 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 site is in a fully developed retail and light industrial area. To the north of the site is the Interstate 10 Freeway and Union Pacific Railroad. The Applicant has provided cellular coverage maps indicating that there is a gap in service for the area and high demand necessitating the development of a new cell tower at the height to ensure the gap is covered. 2. That the unique land use characteristics or geographic features mitigate any negative aesthetic concerns. The site is placed within the rear parking area of a light-industrial and retail commercial center that is separated from public roadways. The area around the site is used for overflow parking from the adjacent commercial center and private storage yards for existing light-industrial uses. The use to the north is developed with a personal storage facility which expects low-traffic volume per day. The area to the further north is the Union Pacific Railroad Line which provides rows of tall tamarisk trees as a windbreak for the track operations, which will assist with screening the towers from the Interstate 10 freeway further north. The presence of the Union Pacific Railroad and built-out commercial land uses within the vicinity of the Project site ensure that future uses such as residential, or tourist-oriented commercial will not be placed in proximity of the tower. The site is located approximately 630 feet to the north of existing residential uses. The view of the proposed tower from existing residential areas is buffered by existing commercial and light-industrial buildings ranging between 20 and 30 feet in height, as well as existing palm trees located within the traffic median along Country Club Drive and within existing commercial parking lots on the north side of Country Club Drive. SECTION 5. Project Approvals. The Planning Commission hereby recommends approval of CUP22-0001, subject to Conditions of Approval attached as “Exhibit A.” PLANNING COMMISSION RESOLUTION NO. 2822 4 SECTION 6. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located at the City’s office at 73510 Fred Waring Drive, Palm Desert, CA 92260. Richard D. Cannone, AICP, the Secretary to the Palm Desert Planning Commission, is the custodian of the record of proceedings. ADOPTED ON November 1, 2022. NANCY DE LUNA CHAIRPERSON ATTEST: RICHARD D. CANNONE, AICP SECRETARY I, Richard D. Cannone, AICP, Secretary of the City of Palm Desert, hereby certify that Resolution No. 2822 is a full, true, and correct copy, and was duly adopted at a regular meeting of the Planning Commission of the City of Palm Desert on November 1, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: RECUSED: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on November ____, 2022. RICHARD D. CANNONE, AICP SECRETARY PLANNING COMMISSION RESOLUTION NO. 2822 5 EXHIBIT A CONDITIONS OF APPROVAL CASE NO. CUP22-0001 PLANNING DIVISION: 1. The development of the property shall conform substantially with the approved exhibits contained in CUP22-0001 on file in Development Services Department, except as modified by the following conditions. 2. The Applicant agrees that in the event of any administrative, legal, or equitable action instituted by a third party challenging the validity of any of the procedures leading to the adoption of these Project Approvals for the Project, or the Project Approvals themselves, the developer and City each shall have the right, in their sole discretion, to elect whether or not to defend such action. developer, at its sole expense, shall defend, indemnify, and hold harmless the City (including its agents, officers, and employees) from any such action, claim, or proceeding with counsel chosen by the City, subject to the developer’s approval of counsel, which shall not be unreasonably denied, and at the developer’s sole expense. If the City is aware of such an action or proceeding, it shall promptly notify the developer and cooperate in the defense. The developer upon such notification shall deposit with the City sufficient funds in the judgment of the City Finance Director to cover the expense of defending such action without any offset or claim against said deposit to assure that the City expends no City funds. If both Parties elect to defend, the Parties hereby agree to affirmatively cooperate in defending said action and to execute a joint defense and confidentiality agreement in order to share and protect the information under the joint defense privilege recognized under applicable law. As part of the cooperation in defending an action, City and developer shall coordinate their defense in order to make the most efficient use of legal counsel and to share and protect information. The developer and City shall each have sole discretion to terminate its defense at any time. The City shall not settle any third-party litigation of Project approvals without the developer’s consent, which consent shall not be unreasonably withheld, conditioned, or delayed unless the developer materially breaches this indemnification requirement. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein, which are in addition to the approved development standards listed in the PDMC, and state and federal statutes now in force or which hereafter may be in force. 4. The CUP shall expire if construction of the said Project shall not commence within 24 months from the date of final approval unless an extension of time is granted by the Palm Desert Planning Commission; otherwise, said approval shall become null, void, and of no effect whatsoever. 5. The approved CUP may only be modified with City approval under PDMC Chapter 25.72.050. 6. Within 30 days of the receipt of the signed Conditions of Approval, the Applicant shall execute a written acknowledgment to the Director of Development Services stating acceptance of and compliance with all the Conditions of Approval of Resolution No. 2822 for CUP22-00001 and that the plans submitted comply with the Conditions of Approval. PLANNING COMMISSION RESOLUTION NO. 2822 6 No modifications shall be made to said plans without written approval from the appropriate decision-making body. 7. Prior to the issuance of a building permit for the construction of any use or structure contemplated by this approval, the Applicant shall first obtain permits and or clearance from the following agencies: Coachella Valley Water District (CVWD) Fire Department City of Palm Desert Building and Safety Division Riverside County Airport Land Use Commission Federal Aviation Administration Evidence of said permit or clearance from the above agencies shall be presented to the Building & Safety Division at the time of issuance of a building permit for the use contemplated herewith. 8. All colors, materials, architectural design, and design details shall be in compliance with plans and elevations as approved by this Use Permit. Any deviation from the approved plans and documents shall require an amendment to this CUP, unless the Director of Development Services finds that the proposed change is of a minor nature, in which case a changed plan shall be processed and approved. 9. Final landscape and irrigation documents shall be prepared by a landscape architect registered with the State of California and shall be submitted to the Development Services Department and the CVWD for review and approval. All sheets shall be 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 (5) gallons in size, and all new palm trees shall be a minimum brown trunk height (BTH) of 36’-0” A. The Applicant shall submit final landscape construction plans to the Palm Desert Development Services Department for review and acceptance prior to submittal to CVWD. 10. 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). Furthermore, the plans shall identify responsibility for the continued maintenance. 11. The Applicant shall comply with the conditions of approval set by the Architectural Review Commission summarized in the Notice of Action for the case dated September 26, 2022. 12. Prior to the Planning Final Inspection of the Building Permit, the Applicant shall be required to enter into a performance agreement with the City, which stipulates that the Applicant and successors in interest shall properly maintain the approved facilities in compliance with the provisions of Title 25 of the PDMC and any conditions of approval by the Architectural Review Commission. PLANNING COMMISSION RESOLUTION NO. 2822 7 13. The facility shall be subject to the Abandonment requirements of PDMC Title 25.34.120. In the event that the tower is out of operation or abandoned for a continuous period of 180 consecutive days, the Applicant shall have an additional 180 days to remove the tower and all appurtenances, at their expense, to the satisfaction of the Director of Development Services, or reactivate the tower. 14. The Applicant or any successor in interest shall comply with all applicable local, state, and federal laws and regulations. 15. The telecommunication facility shall comply with all federal and state statutes, including, but not limited to, FCC licensing, NIER levels, and FAA requirements. No wireless telecommunication facility or combination of facilities shall produce, at any time; power densities that exceed current FCC adopted standards for human exposure to RF (Radio Frequency Radiation Exposure Standards) fields. Failure to comply with FCC Standards will result in the immediate cessation of operation of the wireless telecommunication facility. The carrier shall comply with applicable Federal Communications Commission (FCC) requirements, per the Radio Frequency (RF), including, but not limited to requirements related to permissible levels of radio frequency emissions. 16. The Applicant shall abide by all conditions of approval Riverside County Airport Land Use Commission (RCALUC) Approval indicated for File No. ZAP1086B22. The Applicant shall provide the Palm Desert Planning Division with a statement that the Project has implemented all conditions of the RCALUC approval. 17. Site lighting shall be reviewed and approved by the Department of Community Development and shall conform to the City’s Outdoor Lighting Ordinance Chapter 24.16 and the Riverside County Airport Land Use Commission Approval for File No. ZAP1086B22. 18. Lighting shall be prohibited on the tower. 19. The panel antennas shall be mounted securely to the communication tower. All antennas and antenna arrays shall be painted to match the adjacent faux palm fronds and shall be screened from view by the tower’s faux palm fronds. The microwave antenna shall be painted to match the adjacent palm fronds and shall be fully screened from view by the fronds. 20. Branches and faux fronds shall be of sufficient length to extend beyond all antennae mounted to the tower. 21. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. Ground-mounted equipment shall be located behind an eight-foot-tall (8’) block wall. 22. The Planning Division shall review the proposed colors and materials for the ground screening enclosure shall be reviewed for aesthetic consistency with the existing site walls and concrete block walls during the permit plan check with the Building and Safety Division. 23. No cables and/or conduits on the tower shall be visible. All cables and conduits for the facility shall be screened within the pole and shall not be visible from publicly accessible areas. PLANNING COMMISSION RESOLUTION NO. 2822 8 24. The Applicant shall plant two (2) live Phoenix dactylifera (Date Palm) trees adjacent to the tower area consistent with the approved site and landscape plans on file with the Department of Development Services. The two trees shall be a minimum brown trunk height (BTH) of 36 feet at the time of planting and shall be maintained in perpetuity. 25. The maximum allowable height of the structure shall be limited to 65 feet above ground level and a maximum elevation point of 177 feet above sea level. 26. 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. BUILDING AND SAFETY DIVISION: 27. This Project shall comply with the latest adopted edition of the building codes. 28. The Applicant shall coordinate directly with: Riverside County Fire Marshal’s Office CAL FIRE/Riverside County Fire Department Main: (760) 863-8886 77933 Las Montañas Road, Suite 201 Palm Desert, CA 92211 29. All contractors and subcontractors shall have a current City of Palm Desert Business License before permit issuance per PDMC, Title 5. 30. All contractors and/or owner-builders must submit a valid Certificate of Workers’ Compensation Insurance coverage before the issuance of a building permit per California Labor Code, Section 3700. 31. Site construction activities associated with building permits shall comply with the requirements for hours of construction under PDMC Chapter 9.24.070 32. The Applicant shall contact the Palm Desert Permit Center for site address requirements. 33. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC Section 15.28). Compliance with Ordinance 1351 regarding street address location, dimension, a stroke of line, distance from the street, height from grade, height from the street, etc., shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds, or other reasons that may render the building address unreadable shall be addressed during the plan review process. The Applicant may request a copy of Ordinance 1351 or PDMC Section 15.28 from the Building and Safety Division counter staff. END OF CONDITIONS OF APPROVAL \\srv-fil2k19\groups\Planning\Case Files\CUP\CUP 22-0001 - AT&T Monopalm at Garand Lane\PC\1. CUP 22-0001 - Public Hearing Notice (11.1.22).docx CITY OF PALM DESERT PUBLIC HEARING NOTICE CASE NO. CUP22-0001 NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE PLANNING COMMISSION OF THE CITY PALM DESERT, CALIFORNIA, TO CONSIDER A REQUEST BY SMARTLINK GROUP, LLC FOR THE ADOPTION OF A NOTICE OF EXEMPTION AND A CONDITIONAL USE PERMIT (CUP) TO CONSTRUCT AN UNMANNED 65’-0” TALL WIRELESS TELECOMMUNICATION FACILITY DESIGNED AS A STEALTH MONOPALM WITHIN A 562-SQUARE-FOOT ENCLOSURE LOCATED AT 39750 GARAND LANE The City of Palm Desert (City), in its capacity as the Lead Agency for this project under the California Environmental Quality Act (CEQA), finds that the proposed project is categorically exempt under Article 19 Section 15303 New Construction or Conversion of Small Structures (Class 3) of the CEQA Guidelines; therefore, no further environmental review is necessary, and that a Notice of Exemption can be adopted as part of this project. Project Location/Description: Project Location: 39-750 Garand Lane (APN 626-410-046) Project Description: Smartlink Group, LLC (“Applicant”) has submitted a CUP application (the “Project”) to construct a new 65-foot-tall wireless telecommunication facility and ground- mounted equipment at 39750 Garand Lane. The facility will be located in the rear parking area of the property, which is developed with a light industrial building. The facility is designed as a stealth monopalm, with ground-mounted equipment placed within a 562-square-foot block wall enclosure. Recommendation: Staff is recommending that the Planning Commission adopt a resolution approving the project request, subject to conditions of approval. Public Hearing: NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Desert, California, will hold a Public Hearing at its meeting on November 1, 2022. The Planning Commission meeting begins at 6:00 p.m. in the Council Chamber located at 73510 Fred Waring Drive, Palm Desert, California. Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. Options for remote participation will be listed on the Posted Agenda for the meeting at: https://www.cityofpalmdesert.org/our-city/committees-and-commissions/planning- commission-information-center. Comment Period: The public comment period for this project is from October 21, 2022, to November 1, 2022. Public Review: The plans and related documents are available for public review Monday through Thursday from 8:00 a.m. to 5:00 p.m. by contacting the project planner, Nick Melloni. Please submit written comments to the Planning Division. 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. All comments and any questions should be directed to: Nick Melloni, Senior Planner City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 (760) 346-0611, Extension 479 nmelloni@cityofpalmdesert.org PUBLISH: DESERT SUN RICHARD CANNONE, SECRETARY OCTOBER 21, 2022 PALM DESERT PLANNING COMMISSION ARCHITECTURAL REVIEW COMMISSION NOTICE OF ACTION September 26, 2022 Chris Doheny Smartlink Group for AT&T 3300 Irvine Avenue, Suite 300 Newport Beach, California 92660 Subject: Consideration of a recommendation to the Planning Commission for approval of a Conditional Use Permit to construct an unmanned, 65’-0” tall wireless telecommunication facility stealth monopalm within a 562-square-foot lease area, a block wall enclosure containing ground-mounted equipment, and new landscaping located at 39750 Garand Lane (APN 626-410-046). The Architectural Review Commission of the City of Palm Desert considered your request and took the following action at its meeting of September 13, 2022: Following discussion, MOTION BY COMMISSIONER LATKOVIC, SECOND BY VICE CHAIR MCINTOSH, CARRIED 5-0 (COMMISSIONER MCAULIFFE ABSENT), to: 1. Approve Case No. CUP 22-0001 with conditions. 2. Applicant shall increase wall enclosure to a height of 8 feet. 3. Applicant will remove existing Mexican Palms or Chilean Mesquites and replace them with two mature Date Palms approximately 40-feet in height. Applicant will assess northern portion of parcel next to trash enclosure for additional landscaping including one mature Date Palm as an alternative location for one of the Date Palms. 4. Applicant will adhere to long-term maintenance plan agreement for Mono-Palm. Any appeal of the above action may be made in writing to the City Clerk of the City of Palm Desert within 15 days of the date of the decision. If you have any questions, please contact Senior Planner, Nick Melloni, at (760) 776-6479 or nmelloni@cityofpalmdesert.org. Sincerely, ROSIE LUA, SECRETARY ARCHITECTURAL REVIEW COMMISSION cc: File City of Palm Desert Page 1 ARCHITECTURAL REVIEW COMMISSION CITY OF PALM DESERT, CALIFORNIA MINUTES Pursuant to Assembly Bill 361, this meeting was conducted by teleconference and there was no in-person public access to the meeting location. 1. CALL TO ORDER A Regular Meeting of the Architectural Review Commission was called to order by Chair Vuksic on Tuesday, September 13, 2022, at 12:31 p.m. 2. OATH OF OFFICE City Clerk, Anthony Mejia, swore in newly appointed commissioner, Francisco Sanchez. 3. ROLL CALL Present: Commissioners Dean Wallace Colvard, Nicholas Latkovic, Francisco Sanchez, Vice Chair Jim McIntosh, and Chair John Vuksic. Absent: Commissioner Michael McAuliffe. City Staff Present: Chris Escobedo, Assistant City Manager/Director of Development Services; Richard Cannone, Deputy Director of Development Services; Rosie Lua, Planning Manager; Nick Melloni, Senior Planner, Kevin Swartz, Associate Planner, and Melinda Gonzalez, Recording Secretary, were present at Roll Call. Other staff members presented reports or responded to questions as indicated in the minutes. 4. NON-AGENDA PUBLIC COMMENT: Chair Vuksic opened and closed the non-agenda public comment period. No public comments were provided. 5. CONSENT CALENDAR: Associated staff reports, memos, attachments, and discussion on the following items can be viewed by visiting the Architectural Review Commission Information Center website at, https://www.cityofpalmdesert.org/our-city/committees-and-commissions/commission- information. MOTION BY COMMISSIONER LATKOVIC, SECOND BY CHAIR MCINTOSH, CARRIED 5- 0, to approve the consent calendar. (COMMISSIONER MCAULIFFE ABSENT) Tuesday September 13, 2022 12:30 p.m. Regular Meeting Architectural Review Commission Minutes September 13, 2022 City of Palm Desert Page 2 A. APPROVAL OF MINUTES MOTION BY COMMISSIONER LATKOVIC, SECOND BY VICE CHAIR MCINTOSH, CARRIED 5-0, to approve the Architectural Review Commission Regular Meeting minutes of August 23, 2022. (COMMISSIONER MCAULIFFE ABSENT) MOTION BY COMMISSIONER LATKOVIC, SECOND BY VICE CHAIR MCINTOSH, CARRIED 5-0, to approve the Architectural Review Commission Special Meeting minutes of August 30, 2022. (COMMISSIONER MCAULIFFE ABSENT) CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion will be considered at this time. None 6. ACTION CALENDAR Associated staff reports, memos, attachments, and discussion on the following items can be viewed by visiting the Architectural Review Commission Information Center website at, https://www.cityofpalmdesert.org/our-city/committees-and-commissions/commission- information. A. FINAL DRAWINGS 1. CASE NO: MISC 22-0014 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a wall setback exception to the City of Palm Desert Fence and Wall Ordinance for a five-foot tall decorative block wall with breeze block accents at a setback of twelve feet from the face of curb. APPLICANT AND ADDRESS: Stacey Harding, Palm Desert, CA 92260 LOCATION: 45420 Abronia Trail ZONE: Multifamily Residential (R-3) Associate Planner, Kevin Swartz, advised the Commission staff is requesting a continuance on the item to the next Architectural Review Commission (ARC) meeting on September 27, 2022, to allow time for updated public noticing on the item. Associate Planner Swartz noted the applicant and their designer would be available for the next ARC meeting. Following discussion, MOTION BY VICE CHAIR MCINTOSH, SECOND BY COMMISSIONER LATKOVIC, CARRIED 5-0 (COMMISSIONER MCAULIFFE ABSENT), to: 1. Continue Case No. MISC22-0014 to the next regularly scheduled ARC meeting of September 27, 2022. Architectural Review Commission Minutes September 13, 2022 City of Palm Desert Page 3 2. CASE NO: PP 21-0009 – Amendment #1 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of an amendment to PP21-0009 revising the exterior architecture for the 330-unit multi-family residential community on a 15-acre parcel located at the northeast corner of Gerald Ford Drive and extension of Technology Drive. APPLICANT AND ADDRESS: Apogee Professional Services, Omaha, NE, 68144 LOCATION: NE Corner of Gerald Ford Drive and Technology Drive ZONE: Millennium Specific Plan Area 7, Planned Residential (PR)-22 Senior Planner, Nick Melloni, narrated a PowerPoint presentation on the item and responded to Commission inquiries. Kassie Inness, Applicant Representative, and Applicant’s team including, Michael Militello and Keith McCloskey, KTGY Architects, presented additional details on the project and answered questions from the Commission. Discussion on the item ensued with Commissioners providing comments and concerns for the project. Chair Vuksic opened and closed the public comment period. No public comments were provided. Following discussion, MOTION BY CHAIR VUKSIC, SECOND BY COMMISSIONER SANCHEZ, CARRIED 5-0 (COMMISSIONER MCAULIFFE ABSENT), to: 1. Approve Case No. PP21-0009 Amendment #1 with conditions. 2. Windows and panels between upper and lower story windows on stair towers and residential units shall be recessed a minimum of 3”. 3. Eyebrows shall be placed over upper and lower story windows on white stucco building elements. 4. Exterior downspouts that face Technology Drive shall be painted to match the plaster they are mounted to. Individual Commissioner’s offered additional commentary as follows. The point below does not necessarily reflect consensus: • Consider dark vinyl windows instead of white. 3. CASE NOS: PP 18-0009 – Amendment #2 (SP/PP21-0002) NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of an Amendment No. 2 to the DSRT SURF project (PP18-0009 and SP/PP21-0002), adding 45 hotel rooms including revisions to the interior layout and exterior architecture of the hotel and surf center facility located at the 17.69-acre site within Desert Willow Golf Resort. APPLICANT AND ADDRESS: Desert Wave Ventures, PO Box 147, Solano Beach, CA 92075 LOCATION: Vacant 17.69-acre site within Desert Willow ZONE: Planned Residential (PR)-5 Architectural Review Commission Minutes September 13, 2022 City of Palm Desert Page 4 Chair Vuksic announced his recusal due to a financial conflict of interest noting he was retained as a consultant to provide design input for this item and left the conference room. Planning Manager, Rosie Lua, advised the commission staff is recommending a continuance to a date uncertain due to lack of a quorum for this item. Following discussion, MOTION BY COMMISSIONER LATKOVIC, SECOND BY COMMISSIONER COLVARD, CARRIED 4-0 (CHAIR VUKSIC RECUSED AND COMMISSIONER MCAULIFFE ABSENT), to: 1. Continue Case Nos. PP 18-0009 – Amendment #2 (SP/PP21-0002) to a date uncertain. B. MISCELLANEOUS 1. CASE NO: CUP 22-0001 NATURE OF PROJECT/APPROVAL SOUGHT: Consideration of a recommendation to the Planning Commission for approval of a Conditional Use Permit to construct an unmanned, 65’-0” tall wireless telecommunication facility stealth monopalm within a 562- square-foot lease area, a block wall enclosure containing ground-mounted equipment, and new landscaping located at 39750 Garand Lane (APN 626-410-046). APPLICANT AND ADDRESS: Smartlink Group for AT&T, Newport Beach, CA 92660 LOCATION: 39750 Garand Lane ZONE: SI - Service Industrial, FCOZ - Freeway Commercial Overlay Zone Senior Planner, Nick Melloni, narrated a PowerPoint presentation on the item and responded to Commission inquiries. Chris Doheny, Applicant Representative, presented additional details on the project and answered questions from the Commission. Discussion on the item ensued with Commissioners providing comments and concerns for the project. Chair Vuksic opened and closed the public comment period. No public comments were provided. Following discussion, MOTION BY COMMISSIONER LATKOVIC, SECOND BY VICE CHAIR MCINTOSH, CARRIED 5-0 (COMMISSIONER MCAULIFFE ABSENT), to: 1. Approve Case No. CUP 22-0001 with conditions. 2. Applicant shall increase wall enclosure to a height of 8 feet. 3. Applicant will remove existing Mexican Palms or Chilean Mesquites and replace them with two mature Date Palms approximately 40-feet in height. Applicant will assess northern portion of parcel next to trash enclosure for additional landscaping including one mature Date Palm as an alternative location for one of the Date Palms. 4. Applicant will adhere to long-term maintenance plan agreement for Mono-Palm. Architectural Review Commission Minutes September 13, 2022 City of Palm Desert Page 5 7. INFORMATIONAL REPORTS & COMMENTS A. ARCHITECTURAL REVIEW COMMISSIONERS Chair Vuksic welcomed newly appointed Commissioner Sanchez who provided a brief introduction of himself and his background. In response to inquiry, Commissioner Colvard confirmed the Cultural Arts Committee will have their next meeting on September 14, 2022, which he plans to attend. B. CITY STAFF Planning Manager, Rosie Lua, reported staff is working on a study session for ARC commissioners which will include draft ARC design and landscape guidelines and how to form motions. Planning Manager Lua stated it is anticipated commissioners will be invited to join the next regularly scheduled ARC meeting for September 27, 2022, in-person and encouraged commissioners to bring in their electronic devices to view agenda packets. Planning Manager Lua acknowledged staff has implemented a new process effective this meeting which allows commissioners to provide questions regarding the agenda items prior to the meeting. Answers to commissioner questions will be provided in a memo format to commissioners on the day of the meeting and published on the city’s website for public review. C. ATTENDANCE REPORT The attendance report was provided with the agenda materials. The Commission took no action on this matter. 8. ADJOURNMENT The Architectural Review Commission adjourned at 2:37 p.m. Respectfully submitted, Melinda Gonzalez, Senior Administrative Assistant Recording Secretary ATTEST: Rosie Lua, Planning Manager Secretary APPROVED BY ARC: 9/27/2022 Notice of Exemption FORM “B” NOTICE OF EXEMPTION TO: Office of Planning and Research P. O. Box 3044, Room 113 Sacramento, CA 95812-3044 FROM: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Clerk of the Board of Supervisors or County Clerk County of: Riverside 2724 Gateway Dr, Riverside, CA 92507 1. Project Title: CUP22-0001 2. Project Applicant: Smartlink Group, LLC 3. Project Location – Identify street address and cross streets or attach a map showing project site (preferably a USGS 15’ or 7 1/2’ topographical map identified by quadrangle name): 39-750 Garand Lane (APN 626-410-046). 4. (a) Project Location – City: Palm Desert (b) Project Location – County: Riverside 5. Description of nature, purpose, and beneficiaries of Project: Request for a Conditional Use Permit (CUP) to construct an unmanned, 65’-0” tall wireless telecommunication facility (WTF) designed as a stealth mono-palm within a 562-square-foot lease area, a block wall enclosure containing ground- mounted equipment, and new landscaping located at 39750 Garand Lane. 6. Name of Public Agency approving project: City of Palm Desert 7. Name of Person or Agency undertaking the project, including any person undertaking an activity that receives financial assistance from the Public Agency as part of the activity or the person receiving a lease, permit, license, certificate, or other entitlement of use from the Public Agency as part of the activity: Smartlink Group, LLC 8. Exempt status: (check one) (a) Ministerial project. (Pub. Res. Code § 21080(b)(1); State CEQA Guidelines § 15268) (b) Not a project. (c) Emergency Project. (Pub. Res. Code § 21080(b)(4); State CEQA Guidelines § 15269(b),(c)) (d) Categorical Exemption. State type and section number: Class 3 “Construction of Small Structures”; State CEQA Guidelines §15303 (e) Declared Emergency. (Pub. Res. Code § 21080(b)(3); State CEQA Guidelines § 15269(a)) (f) Statutory Exemption. State Code section number: Notice of Exemption FORM “B” (g) Other. Explanation: General Rule – Section 15061(b)(3) 9. Reason why project was exempt: City staff has reviewed the project under the CEQA and recommends that the Planning Commission find the project is exempt from environmental review pursuant to Section 15303 New Construction or Conversion of Small Structures (Class 3) of the State CEQA Guidelines. The project involves the placement of a new 65’-0” tall wireless cell tower, and 562- square-foot, ground-mounted equipment enclosure. The project is consistent with the applicable General Plan land use designation and applicable General Plan policies, as well as applicable zoning designation and regulations. The project site has been previously graded and has no value as a habitat for endangered, rare, or threatened species. Furthermore, none of the exceptions to the use of the Class 3 categorical exemption identified in State CEQA Guidelines Section 15300.2 apply. The Project is not located in a particularly sensitive environment and will not impact an environmental resource of hazardous or critical concern. It is situated adjacent to a parking lot on a developed property in an industrial area. The Project will not result in a cumulative impact from successive Projects of the same type in the same place, over time. There are no unusual circumstances surrounding the Project that result in a reasonably possibility of a significant effect on the environment. The Project will not damage scenic resources, including trees, historic buildings, rock outcroppings, or similar resources. The Project does not include any hazardous waste sites, and the Project will not cause a substantial adverse change in the significance of a historical resource. 10. Lead Agency Contact Person: Nick Melloni, Senior Planner Telephone: (760) 776-6479 11. If filed by applicant: Attach Preliminary Exemption Assessment (Form “A”) before filing. 12. Has a Notice of Exemption been filed by the public ag ency approving the project? Yes No 13. Was a public hearing held by the lead agency to consider the exemption? Yes No If yes, the date of the public hearing was: 11/1/2022 Signature:__________________________________ Date:_______________ Title:__________________________ Signed by Lead Agency Signed by Applicant Date Received for Filing: (Clerk Stamp Here) Authority cited: Sections 21083 and 21100, Public Resources Code. Reference: Sections 21108, 21152, and 21152.1, Public Resources Code. 3300 IRVINE AVENUE, SUITE 300,NEWPORT BEACH, CA 92660TEL: (949) 387-1265FAX: (949) 387-12751452 EDINGER AVE.TUSTIN, CALIFORNIA 927804430 E. MIRALOMA AVE. SUITE DANAHEIM, CALIFORNIA 92807T-1SI5&SI5&VICINITY MAPGENERAL CONTRACTOR NOTESAPPROVALSLEGAL DESCRIPTIONTHE FOLLOWING PARTIES HEREBY APPROVE AND ACCEPT THESE DOCUMENTS &AUTHORIZE THE SUBCONTRACTOR TO PROCEED WITH THE CONSTRUCTION DESCRIBEDHEREIN. ALL DOCUMENTS ARE SUBJECT TO REVIEW BY THE LOCAL BUILDINGDEPARTMENT & MAY IMPOSE CHANGES OR MODIFICATIONS.DISCIPLINE:SIGNATURE:DATE:AT&T RF ENGINEER:AT&T OPERATIONS:SITE ACQUISITION:CONSTRUCTION MANAGER:PROPERTY OWNER:ZONING VENDOR:PROJECT MANAGER:SUBCONTRACTOR SHALL VERIFY ALL PLANS & EXISTING DIMENSIONS & CONDITIONS ONTHE JOB SITE & SHALL IMMEDIATELY NOTIFY THE ENGINEER IN WRITING OF ANYDISCREPANCIES BEFORE PROCEEDING WITH THE WORK OR BE RESPONSIBLE FOR SAME.GENERAL NOTESTHE FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIAN WILL VISITTHE SITE AS REQUIRED FOR ROUTINE MAINTENANCE. THE PROJECT WILL NOT RESULT INANY SIGNIFICANT DISTURBANCE OR EFFECT ON DRAINAGE; NO SANITARY SEWERSERVICE, POTABLE WATER, OR TRASH DISPOSAL IS REQUIRED AND NO COMMERCIALSIGNAGE IS PROPOSED.Your world. DeliveredLOCAL MAPDO NOT SCALE DRAWINGSDRAWING INDEXDRIVING DIRECTIONSPROJECT TEAMCODE COMPLIANCESITE INFORMATION1.2019 CALIFORNIA BUILDING CODE2.2019 CALIFORNIA ELECTRICAL CODEADOPTED 2017 NEC3.2019 CALIFORNIA FIRE CODE4.2019 CALIFORNIA MECHANICAL CODE5.2019 CALIFORNIA PLUMBING CODE6.2019 CALIFORNIA ENERGY CODE7.COUNTY COASTAL ZONE LAND USEORDINANCE-TITLE 238.COUNTY FIRE CODE ORDINANCE - TITLE 169.COUNTY LAND USE ORDINANCE - TITLE 2210.COUNTY BUILDING AND CONSTRUCTIONORDINANCE - TITLE 19ALL WORKS AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITHTHE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCALGOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMITWORK NOT CONFORMING TO THE LATEST EDITIONS OF THE FOLLOWING CODES.CLIENT REPRESENTATIVECOMPANY:SMARTLINK, LLCADDRESS:3300 IRVINE AVENUE, SUITE 300,CITY,STATE,ZIP:NEWPORT BEACH, CA 92660CONTACT:ALEXIS DUNLAPPHONE:(949) 838-7313EMAIL:alexis.dunlap@smartlinkgroup.comSITE ACQUISITIONZONINGENGINEERCOMPANY:CASA INDUSTRIES, INC.ADDRESS:4430 E. MIRALOMA AVE. SUITE DCITY,STATE,ZIP:ANAHEIM, CA 92807CONTACT:JULIUS SANTIAGOPHONE:(714) 553-8899EMAIL:JSANTIAGO@CASAIND.COMATT PROJECT MANAGERAPPLICANTRF ENGINEERCOMPANY:AT&TADDRESS:739 E SANTA CLARA ST.,ROOM 217CITY,STATE,ZIP:VENTURA, CA. 93001CONTACT:SANDEEP MANGATPHONE:(805) 312-1694EMAIL:sm2840@aTT.COMINDOOR EQUIPMENT / WUC ENCLOSUREPROJECT DESCRIPTIONAPPLICANT / LESSEE1452 EDINGER AVE. 3RD FLOORTUSTIN, CALIFORNIA 92780Your world. DeliveredLATITUDE:33° 45' 35.74" N (33.759928°)LONGITUDE:116° 18' 23.24" W (-116.306456°)LAT./LONG. TYPE:NAD 83GROUND ELEVATION:112.5' AMSLABOVE GROUND LEVEL:65' A.G.L.APN #:626-41-046AREA OF CONSTRUCTION:±415.25 SQ. FT.ZONING / JURISDICTION:CITY OF PALM DESERTCURRENT ZONING:SERVICE INDUSTRIAL WITH FREEWAY COMMERCIAL OVERLAY ZONEPROPOSED USE:UNMANNED TELECOMMUNICATIONS FACILITYHANDICAP REQUIREMENTS:FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED ACCESS NOT REQUIREDGROUND LEASE AREA:562 SQ. FT.AERIAL LEASE AREA:180 SQ. FT.PROPERTY OWNERCOMPANY:AT&TADDRESS:1452 EDINGER AVE.CITY,STATE,ZIP:TUSTIN, CA. 92780CONTACT:CHRISTIE M. ASARI-PRICEPHONE:(714) 267-3628EMAIL:CH0897@att.comCOMPANY:AT&TADDRESS:1452 EDINGER AVE.CITY,STATE,ZIP:TUSTIN, CA. 92780CONTACT:CHRISTIE M. ASARI-PRICEPHONE:(714) 267-3628EMAIL:CH0897@att.comOWNER:HERNANDEZ FAMILY TRUSTADDRESS:39750 GARAND LANECITY,STATE,ZIP:PALM DESERT, CA 92211CONTACT:MARIO HERNANDEZPHONE:760-535-4976SITE NUMBER: CSL02434 - NSBSITE NAME: GARANDFA#: 13024049USID#: TBD39750 GARAND LANE,PALM DESERT, CA 92211RIVERSIDE COUNTY············CONSTRUCTION MANAGERCOMPANY:SMARTLINK, LLCADDRESS:3300 IRVINE AVENUE, SUITE 300CITY,STATE,ZIP:NEWPORT BEACH, CA 92660CONTACT:ALISHA STRASHEIMPHONE:(951) 440-0669EMAIL:alisha.strasheim@smartlinkgroup.comCOMPANY:SMARTLINK, LLCADDRESS:3300 IRVINE AVENUE, SUITE 300,CITY,STATE,ZIP:NEWPORT BEACH, CA 92660CONTACT:ALEXIS DUNLAPPHONE:(949) 838-7313EMAIL:alexis.dunlap@smartlinkgroup.comCOMPANY:AT&TADDRESS:1452 EDINGER AVE.CITY,STATE,ZIP:TUSTIN, CA. 92780CONTACT:CHRISTIE M. ASARI-PRICEPHONE:(714) 267-3628EMAIL:CH0897@att.com 3300 IRVINE AVENUE, SUITE 300,NEWPORT BEACH, CA 92660TEL: (949) 387-1265FAX: (949) 387-12751452 EDINGER AVE.TUSTIN, CALIFORNIA 927804430 E. MIRALOMA AVE. SUITE DANAHEIM, CALIFORNIA 92807A-11SITE PLAN·10'20'40'1"=20'-0"SCALE:GARAND LANE ····· 3300 IRVINE AVENUE, SUITE 300,NEWPORT BEACH, CA 92660TEL: (949) 387-1265FAX: (949) 387-12751452 EDINGER AVE.TUSTIN, CALIFORNIA 927804430 E. MIRALOMA AVE. SUITE DANAHEIM, CALIFORNIA 92807A-23ANTENNA AND RRU SCHEDULE2ANTENNA PLAN3/8"=1'-0"SCALE:1LEASE AREA PLAN3/8"=1'-0"SCALE: 3300 IRVINE AVENUE, SUITE 300,NEWPORT BEACH, CA 92660TEL: (949) 387-1265FAX: (949) 387-12751452 EDINGER AVE.TUSTIN, CALIFORNIA 927804430 E. MIRALOMA AVE. SUITE DANAHEIM, CALIFORNIA 92807A-31EAST ELEVATION 2SOUTH ELEVATION 1/4"=1'-0"SCALE:1/4"=1'-0"SCALE: 3300 IRVINE AVENUE, SUITE 300,NEWPORT BEACH, CA 92660TEL: (949) 387-1265FAX: (949) 387-12751452 EDINGER AVE.TUSTIN, CALIFORNIA 927804430 E. MIRALOMA AVE. SUITE DANAHEIM, CALIFORNIA 92807A-41WEST ELEVATION 2NORTH ELEVATION 1/4"=1'-0"SCALE:1/4"=1'-0"SCALE: Accuracy of photo simulation based upon information provided by project applicant. Looking north from Country Club DriveProposed View 1 Existing proposed monopalm proposed live palm proposed equipment xxxxxxxxxxx 39750 Garand Lane Palm Desert CA 92211 CSL02434 Garand ©2022 Google Maps Accuracy of photo simulation based upon information provided by project applicant. Looking east from Garand LaneProposed View 2 Existing proposed monopalm proposed equipment xxxxxxxxxxx proposed equipment enclosure and landscaping proposed live palm 39750 Garand Lane Palm Desert CA 92211 CSL02434 Garand ©2022 Google Maps Accuracy of photo simulation based upon information provided by project applicant. Looking northwest from rear parking lotProposed View 3 Existing proposed monopalm proposed equipment enclosure and landscaping proposed live palm 39750 Garand Lane Palm Desert CA 92211 CSL02434 Garand ©2022 Google Maps Accuracy of photo simulation based upon information provided by project applicant. Looking northwest from parking lotProposed View 4 Existing proposed monopalm proposed equipment xxxxxxxxxxx 39750 Garand Lane Palm Desert CA 92211 CSL02434 Garand ©2022 Google Maps Accuracy of photo simulation based upon information provided by project applicant. Looking south from Interstate 10Proposed View 5 Existing proposed monopalm proposed equipment xxxxxxxxxxx 39750 Garand Lane Palm Desert CA 92211 CSL02434 Garand proposed live palm ©2022 Google Maps 3300 Irvine Ave, Suite 300, Newport Beach, CA 92660 p (949) 861-2201 f (949) 468-0931 smartlinkgroup.com October 17, 2022 City of Palm Desert 73-510 Fred Waring Dr Palm Desert, CA 92260-2578 RE: AT&T Wireless Facility – Corrections Response Site ID/Address: CSL02434 – 39750 Garland Lane, Palm Desert, CA 92211 To City Planning Department/Nick Melloni: Please see below updates included in the plans in response to ARC meeting. We updated the height of the wall/CMU enclosure to be 8 Ft. We are proposing one additional Date Palm of 36 Ft along the north property line as requested. We are unable to propose a 2nd Date Palm adjacent to the CMU enclosure as there is not enough space to accommodate the palm box required to secure the tree. Would infringe on adjacent fire hydrant and driveway. The existing palms should remain as we are unable to plant new taller Mexican palms. From Landscape architect: The landscape area in question is 5’ wide. The root ball for a date palm or the hybrid palm, a mix of California Fan Palm, and Mexican Fan Palm. requires a plant pit a minimum of 6’ square. These palms have a thicker trunk and are considerably heavier. A secure and adequate plant pit is essential to assure they don’t fall in the winds of the Coachella Valley. I recommend that you leave the two existing palms, they are established and provide a content to the proposed tower. Please contact me at 619-994-8528 or my email chris.doheny@smartlinkgroup.com with any questions. Sincerely Chris Doheny Chris Doheny Smartlink Group Real Estate Project Manager Photo Survey and Map Address: CSL02434 – 39750 Garland Lane, Palm Desert, Ca 92211 VIEW LOOKING NORTH VIEW LOOKING WEST VIEW LOOKING EAST MAP OVERVIEW On Behalf of Chris Doheny Wireless Development Specialist 3300 Irvine Ave, Ste 300 Newport Beach, CA 92660 619.994.8528 cellular chris.doheny@smartlinkgroup.co m AT&T Project Number: CSL02434 AT&T Project Name: Garand City of Palm Desert Project Information and Justification AT&T Mobility (AT&T) is requesting approval for the construction and operation of an unmanned wireless telecommunications facility (cell site), and presents the following project information for your consideration in accordance with Palm Desert Municipal Code section 25.34.130: Project Location Address: 39750 Garand Ln, Palm Desert, CA 92211 APN: 626-41-046 Zoning: Service Industrial w Freeway Commercial Overlay Project Description AT&T proposes to construct an unmanned wireless telecommunications facility consisting of a 65 Ft. tall faux “monopalm.” tree. The antennas will be disguised within the branches of the palm tree which will blend nicely with the other trees in the near vicinity. The associated equipment cabinets will be inside lease space and an 7’4” Ft high CMU wall, for security and placed in an unobtrusive section of the property. AT&T will work with the City and the community to install a state-of-the-art stealth faux tree which will provide a benefit to the residents and visitors of the City of Palm Desert. AT&T is submitting an application for consideration of a top height of the proposed Monopalm to be 65 Ft. Top of proposed antennas is 60 Ft., with 5 feet of additional palm coverage. Monopalm Design The new 65 FT. Monopalm design is proposed to be in compliance with wireless code 25.34.130 Communication Towers and Antenna regulations; to minimize adverse visual impacts, to include additional landscape screening and foliage socks colored to blend with palm fronds. The new Monopalm will include 80 Fronds total. Monopalm fronds to extend from 18 inches minimum up to 46 inches beyond the antennas. We reduced the antenna array from 4 antennas per sector to 3 antennas per sector to provide for the additional frond coverage. Monopalm Faux tree bark, textured and colored to match live palm tree. Project Objectives There are several reasons why a wireless carrier requires the installation of a cell site within a specified area to close a “significant gap in coverage:” • The radio signal must be of sufficient strength to achieve consistent, sustainable, and reliable service to customers at a level sufficient for outdoor, in-vehicle, and in-building penetration with good voice quality (Threshold, -76db). • When nearby other sites become overloaded, and more enhanced voice and data services are used (4G and other high-speed data services) signal contracts and a gap is created. With heavy use it is intensified due to the unique properties of digital radio transmissions. In this specific case, this location was selected because AT&T’s radio-frequency engineers (RF) have identified a significant gap in coverage in the vicinity of I-10 and Washington St, in the City of Palm Desert and the surrounding community as demonstrated on the submitted radio-signal propagation maps. Findings/Burden of Proof The site for the proposed use is adequate in size and shape. AT&T is proposing a mono-palm design for this project which is a stealth design. The requested height of the mono-palm design is the minimum height needed in order to fill the significant gap in coverage for this project. The height restriction for the wireless facilities is 65’. AT&T uses the most advanced technology and design when constructing the mono-palm so as to blend the facility with the surrounding community and landscaping and thereby minimizing the visual impact of the site. The proposed location has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. The access to this site is immediately off Country Club Dr and Washington St. There are adequate access routes directly to the proposed facility. All the roadways and access ways within the facility are in compliance with local, state and federal regulations concerning width and pavement. The proposed use will not have an adverse effect upon adjacent or abutting properties. The project will not have an adverse effect upon adjacent or abutting properties as it is a stealth design that will blend naturally with the subject property and is far away from the residential areas within the ring. The project will provide a public benefit of better wireless telecommunications and data services to the surrounding neighborhoods and community. The proposed use is deemed essential and desirable to the public convenience or welfare. The new wireless telecommunications facility is in high demand to the residents and visitors of the County of Riverside. Wireless communications are vastly used in this area and the need for this site was established entirely from increased usage of AT&T services in the vicinity of the requested project. GENERAL INFORMATION Location In compliance with wireless code 25.34.130, communications towers may be approved within the zone district of Planned Commercial (PC). AT&T proposed facility is located within a Planned Commercial zone included in the guidelines as preferred. Site Selection Customer demand drives the need for new cell sites. Once the area requiring a new site is identified, a target ring on a map is provided to a real estate professional to begin a search for a suitable location. During an initial reconnaissance, properties for consideration for the installation of a cell site must be located in the general vicinity of the ring, with an appropriate zoning designation, and appear to have enough space to accommodate an antenna structure and the supporting radio equipment. The size of this space will vary depending on the objective of the site. The owners of each prospective location are notified to assess their interest in partnering with AT&T. Four key elements are considered in the selection process: • Leasing: The property must have an owner who is willing to enter into a long-term lease agreement under very specific terms and conditions. • Zoning: It must be suitably zoned in accordance with local land-use codes to allow for a successful permitting process. • Construction: Construction constraints and costs must be reasonable from a business perspective, and the proposed project must be capable of being constructed in accordance with local building codes and safety standards. • RF: It must be strategically located to be able to achieve the RF engineer’s objective to close the significant gap with antennas at a height to clear nearby obstructions. Alternative Site Analysis Other sites considered and approached by Smartlink leasing specialist include the list below and the reasons they were either rejected or unavailable for this project’s facilities. Circle K Gas Station Property, 78005 Country Club Dr. – Original proposed site determined to be a location with high visibility and heavy public traffic and would not blend with trees and existing landscaping or environment. Palm Plaza Club Center properties, Country Club Dr., we attempted to contact via phone call and a proposal letter, copy included, without success or any expression of interest. The plaza was sold to the new owners August 10, 2018 about the time we were trying to reach them. American Tower Monopalm located on Palm Plaza property. Monopalm’s are not suitable for Colocation. While other trees like a monopine or monoeucalyptus are, these designs do not blend well with the local topography and the city will not accept that design. SBA Monopalm located on Palm Plaza property. Per City Code and the extensive discussions between SBA, AT&T, and City last year regarding this location, the SBA monopalm is abandoned and not eligible for colocation. SSCA Storage Facility, 40050 Harris Lane. Several attempts were made to contact the ownership at this property without initial response. We eventually did receive a response after we were already moving forward with plans on the current project. Van Buren Self Storage, 39700 Garand Ln. Several attempts were made to contact the ownership of this property without response. Additional properties and landowners we also contacted without response or interest include, 39750 Garand Ln commercial property, CVWD property (626-410-027), FountainHead Indio (748-380-023), Majid Family Ltd, 78205 Country Club Dr. I have included an overview of our search ring and property lots below to demonstrate the limited space we are working with. We were also limited to the outer edges of the search ring to the west and south due to residential zoning. It is not unusual within a small, dense primarily commercial search ring, that we only get a few responses to work with. Space is limited within the search ring individual properties that would enable this type of project and meet the codes for development, setbacks and separation. AT&T meets all setbacks, separation and height guidelines according to 24.34.130 Communications Tower and Antenna Regulations. We modified our original proposal from 75 Ft to 65 Ft to meet ALUC guidelines. We changed our antennas array from 12 antennas, 4 antennas per sector to 9 antennas, 3 antennas per sector to improve the design and stealth screening of the facility. The separation between the existing American Tower facility and the proposed AT&T facility is 530 Feet as shown on our ZDs. The approximate distance between the American Tower facility and the old SBA/Sprint facility, terminated for service in 2018, is less than 200 Feet. Again, Monopalm facilities do not provide for colocation in regards to height requirement and RF requirements to service all technologies. We improved the overall screening of the facility along with the two existing palms we have included shrubbery and vines around the Monopalm and equipment enclosure. The Benefits to the Community Approximately 90-percent of American adults subscribe to cell phone service. People of all ages rely increasingly on their cell phones to talk, text, send media, and search the Internet for both personal and business reasons. More and more, they are doing these things in their homes, therefore, becoming reliant on adequate service within residential neighborhoods. In fact, 50-percent of people relocating are not signing up for landline service at their new location and are using their cell phone as their primary communication method. The installation and operation of the proposed facility will offer improved: • Communications for local, state, and federal emergency services providers, such as police, fire, paramedics, and other first-responders. • Personal safety and security for community members in an emergency, or when there is an urgent need to reach family members or friends. Safety is the primary reason parents provide cell phones to their children. Currently 25% of all preteens, ages 9 to 12, and 75% of all teens, aged 13 to 19, have cell phones. • Capability of local businesses to better serve their customers. • Opportunity for a city or county to attract businesses to their community for greater economic development. • Enhanced 911 Services (E911) – The FCC mandates that all cell sites have location capability. Effective site geometry within the overall network is needed to achieve accurate location information for mobile users through triangulation with active cell sites. (Over half of all 911 calls are made using mobile phones.) Safety – RF is Radio The FCC regulates RF emissions to ensure public safety. Standards have been set based on peer-reviewed scientific studies and recommendations from a variety of oversight organizations, including the National Council on Radiation Protection and Measurements (NCRP), American National Standards Institute (ANSI), Institute of Electrical and Electronics Engineers (IEEE), Environmental Protection Agency (EPA), Federal Drug Administration (FDA), Occupational Safety and Health Administration (OSHA), and National Institute for Occupational Safety and Health (NIOSH). Although the purview of the public safety of RF emissions by the FCC was established by the Telecommunications Act of 1996, these standards remain under constant scrutiny. All AT&T cell sites operate well below these standards, and the typical urban cell site operates hundreds or even thousands of times below the FCC’s limits for safe exposure. AT&T Company Information AT&T is one of the fastest growing nationwide service providers offering all digital voice, messaging and high-speed data services to nearly 30 million customers in the United States. AT&T is a “telephone corporation”, licensed by the Federal Communications Commission (FCC) to operate in the 1950.2-1964.8, 1965.2-1969.8 MHz and 1870.2-1884.8-1889.8 MHz frequencies, and a state- regulated Public Utility subject to the California Public Utilities Commission (CPUC). The CPUC has established that the term “telephone corporation” can be extended to wireless carriers, even though they transmit signals without the use of telephone lines. AT&T will operate this facility in full compliance with the regulations and licensing requirements of the FCC, Federal Aviation Administration (FAA) and the CPUC, as governed by the Telecommunications Act of 1996, and other applicable laws. The enclosed information is presented for your consideration. AT&T requests approval of the proposed location and design. Please contact me at 619-994-8528 or chris.doheny@smarlinkgroup.com for any questions or requests for additional information. Respectfully submitted, Chris Doheny Chris Doheny, Smartlink Group Authorized Agent for AT&T Project Representative Chris Doheny Smartlink Group 3300 Irvine Ave., S-300, Newport Beach, CA 92660 619-994-8528 cellular chris.doheny@smartlinkgroup.com AT&T Contact Gunjan Malik, Project Manager 1452 Edinger Ave. 3rd Floor Tustin, CA 92780-6246 Gm827w@att.com 562-650-5681 LTE Justification Plots Market Name: Los Angeles Site ID: CSL02434 Site Address: 39750 Garand Lane, Palm Desert CA 92211 ATOLL Plots Completion Date: Jan 05, 2022 Page 2 © 2008 AT&T Knowledge Ventures. All rights reserved. AT&T is a registered trademark of AT&T Knowledge Ventures. Propagation of the site plots are based on our current Atoll (Design tool) project tool that shows the preferred design of the AT&T 4G-LTE network coverage. The propagation referenced in this package is based on proposed LTE coverage of AT&T users in the surrounding buildings, in vehicles and at street level . For your reference, the scale shown ranges from good to poor coverage with gradual changes in coverage showing best coverage to marginal and finally poor signal levels. The plots shown are based on the following criteria: Existing: Since LTE network modifications are not yet On-Air. The first slide is a snap shot of the area showing the existing site without LTE coverage in the AT&T network. The Planned LTE Coverage with the Referenced Site: Assuming all the planned neighboring sites of the target site are approved by the jurisdiction and the referenced site is also approved and On-Air, the propagation is displayed with the planned legends provided. Without Target site: Assuming all the planned neighboring sites are approved by the jurisdiction and On-Air and the referenced site is Off-Air, the propagation is displayed with the legends provided. Assumptions Page 3 © 2008 AT&T Knowledge Ventures. All rights reserved. AT&T is a registered trademark of AT&T Knowledge Ventures. LTE Coverage Before site CSL02434 LTE Coverage After site CSL02434 Page 5 LTE Coverage standalone site CSL02434 Coverage Legend In-Building Service:In general, the areas shown in dark green should have the strongest signal strength and be sufficient for most in-building coverage. However, in-building coverage can and will be adversely affected by the thickness/construction type of walls, or your location in the building (i.e., in the basement, in the middle of the building with multiple walls, etc.) In-Transit Service: The areas shown in the yellow should be sufficient for on- street or in-the-open coverage, most in-vehicle coverage and possibly some in-building coverage. Outdoor Service:The areas shown in the purple should have sufficient signal strength for on-street or in-the-open coverage, but may not have it for in- vehicle coverage or in-building coverage. Site Name: GARAND [CSL02434 - NSB] Site Address: 39750 GARAND LANE, PALM DESERT, CA 92211 USID: 309691 FA Location: 13024049 Site Type: MONOPALM Latitude & Longitude: 33.7600620, -116.3064660 Report Date: 01/10/2022 Image to show distance to surrounding buildings on 30’ Grid Report Preparer Pawan Kumar Radio Frequency Emission Compliance Report GCB Services Table of Contents 1. Executive Summary __________________________________________________________________________________ 1 2. Appendix ______________________________________________________________________________________________ 2 2.1 FCC Limits for MPE ____________________________________________________________________________________________ 2 2.2 Analysis and Computation ____________________________________________________________________________________ 3 2.3 Compliance Statement ________________________________________________________________________________________ 4 Radio Frequency Emission Compliance Report Page 1 1. Executive Summary AT&T has contracted with GCB Services, an independent Radio Frequency consulting firm, to conduct a Radio Frequency Exposure (RFE) Compliance Assessment of the GARAND [CSL02434 - NSB] cell site. The following report contains a detailed summary of the Radio Frequency environment as it relates to Federal Communications Commission (FCC) and Occupational Safety & Health Administration (OSHA) Rules and Regulations for all individuals. In this report, it is assumed that all antennas are operating at full power at all times. Software modeling was performed for all transmitting antennas located on the site. GCB Services has further assumed a 100% duty cycle and maximum radiated power. It believes this to be a worst-case analysis, based on best available data. Radio Frequency Emissions: Modifications to existing facilities shall submit a completed radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A of the FCC’s “A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety” to determine if the facility is categorically excluded. This report utilizes the following for predictive modeling of the ambient RF environment : MPE Modeling Program: ROOFMASTER 25.8.16.2021 The simulation plots show the spatial predicted power exposure as a percentage of the General Population Standard. Please note that 100% MPE of General Population corresponds to 20% of the Occupational Standard. Proposed Mitigation: On the Monopalm: Install (8” x 12”) Caution Sign 2B on the Monopalm at 9 feet from the ground. Radio Frequency Emission Compliance Report Page 2 2. Appendix 2.1 FCC LIMITS FOR MPE The FCC’s MPE limits are based on exposure limits over a wide range of frequencies recommended by the NCRP and the exposure limits developed by the IEEE and adopted by the American National Standards Institute (”ANSI”) to replace the 1982 ANSI guidelines. The limits for localized absorption are based on the recommendations of both the ANSI/IEEE and the NCRP. The potential hazard associated with the RF electromagnetic fields is discussed in OET Bulletin No. 65 “Questions and Answers about the Biological Effects and Potential Hazards of RF Electromagnetic Fields”. This document can be obtained on the FCC website at http://www.fcc.gov. Limits for Occupational /Controlled Exposure: Limits for General Population /Uncontrolled Exposure: Radio Frequency Emission Compliance Report Page 3 NOTE 1: Occupational/controlled limits apply in situations in which persons are exposed as a consequence of their employment provided those persons are fully aware of the potential for exposure and can exercise control over their exposure. Limits for occupational/controlled exposure also apply in situations when an individual is transient through a location where occupational/controlled limits apply provided he or she is made aware of the potential for exposure. NOTE 2: General population/uncontrolled exposures apply in situations in which the general public may be exposed, or in which persons that are exposed as a consequence of their employment may not be fully aware of the potential for exposure or cannot exercise control over their exposure. 2.2 ANALYSIS AND COMPUTATION Power density is calculated by dividing the surface area of the sphere or the unit area normal to the direction of the propagation. This information is usually shown in units of microwatts per square centimeter (uW/cm2), mill watt per square centimeters (mW/cm2), or watts per square meter (W/m2). Radio Frequency Emission Compliance Report Page 4 2.3 COMPLIANCE STATEMENT AT&T Mobility Compliance Statement: Based on the information collected, AT&T Mobility will be Compliant with FCC Rules and Regulations at the nearest walking surface if recommendations in the Compliance Summary are implemented. Report has been prepared by: PREPARER REVIEWER Pawan Kumar Gyan Sharma RF Associate RF Engineer 20 FT Sector A Sector C Sector B On the Monopalm: Install (8” x 12”) Caution Sign 2B on the Monopalm at 9 feet from the ground. CITY OF PALM DESERT ATTENDANCE REPORT Advisory Body: Prepared By: Year Month Date 4-Jan 18-Jan 1-Feb 15-Feb 1-Mar 15-Mar 5-Apr 19-Apr 3-May 17-May 7-Jun 21-Jun 5-Jul 19-Jul 2-Aug 16-Aug 6-Sep 20-Sep 4-Oct 18-Oct 1-Nov 15-Nov 6-Dec 20-Dec DeLuna, Nancy -P P -P P -P P -P -P --P P --P 0 0 Greenwood, John -P P -P P -A P -P -P --P P --P 1 0 Gregory, Ron -P P -P P -A P -P -P --P P --P 1 0 Holt, Lindsay -P P -P P -P P -P -P --P A --P 1 0 Pradetto, Joseph -P A -P P -P P -A -P --P P --P 2 0 Palm Desert Municipal Code 2.34.010: P Present A Absent E Excused -No meeting 2022 2022 2022 2022 2022 Total Absences Oct Nov Dec Planning Commission M. O'Reilly 2022 2022 Twice Monthly: Six unexcused absences from regular meetings in any twelve-month period shall constitute an automatic resignation of members holding office on boards that meet twice monthly. Total Unexcused Absences Jan Feb Mar Apr May Jun Jul Aug Sep 2022 2022 2022 2022 2022