HomeMy WebLinkAboutRes No 2822 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 1 st 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
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.
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PLANNING COMMISSION RESOLUTION NO. 2822
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."
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PLANNING COMMISSION RESOLUTION NO. 2822
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.
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Nancy DeNna (Nov 7, 2022 14:37 PST)
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:
DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES:
NONE
ABSENT:
GREGORY
ABSTAIN:
NONE
RECUSED:
NONE
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
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C!
PLANNING COMMISSION RESOLUTION NO. 2822
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:
RIGMARD 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: DE LUNA, GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: GREGORY
ABSTAIN: NONE
RECUSED: NONE
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
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PLANNING COMMISSION RESOLUTION NO. 2822
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.
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PLANNING COMMISSION RESOLUTION NO. 2822
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.
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PLANNING COMMISSION RESOLUTION NO. 2822
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. ZAP10861322. 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. ZAP10861322.
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.
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PLANNING COMMISSION RESOLUTION NO. 2822
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 Montanas 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
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Res No 2822
Final Audit Report
Created: 2022-11-07
By: Monica O'Reilly (moreilly@cityofpalmdesert.org)
Status: Signed
Transaction ID: CBJCHBCAABAAaMim8QDuyF6xslHCcdlEmTWuecv5Tl62
"Res No 2822" History
Document created by Monica O'Reilly (moreilly@cityofpalmdesert.org)
2022-11-07 - 7:51:51 PM GMT
Document emailed to nancyjdeluna@gmail.com for signature
2022-11-07 - 7:52:44 PM GMT
Email viewed by nancyjdeluna@gmail.com
2022-11-07 - 10:36:53 PM GMT
'rQ Signer nancyjdeluna@gmail.com entered name at signing as Nancy DeLuna
2022-11-07 - 10:37:33 PM GMT
C-�o Document e-signed by Nancy DeLuna (nancyjdeluna@gmail.com)
Signature Date: 2022-11-07 - 10:37:35 PM GMT - Time Source: server
O Agreement completed.
2022-11-07 - 10:37:35 PM GMT
2022-11-07
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