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HomeMy WebLinkAboutRes 02-83 CUP 02-02 Verizon Wireless RESOLUTION 02-83 CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT I. TO: Honorable Mayor and City Council II. REQUEST: Consideration of an appeal to a Planning Commission decision, denying a conditional use permit to allow the installation of a 57- foot high wireless telecommunication tower on property located at 42-275 Washington Street. III. APPELLANT: Verizon Wireless CIO 02 Wireless, Minakshi V. Hemlani 4300 Latham Street, Suite 103 Riverside, CA 92501 IV. CASE NO: CUP 02-02 V. DATE: July 11, 2002 VI. CONTENTS: A. Staff Recommendation B. Background C. Discussion D. Conclusion E. Planning Commission Staff Report F. Planning Commission Draft Minutes G. Planning Commission Denial Resolution H. Applicant's Appeal Form I. Plans and Exhibits A. STAFF RECOMMENDATION: That the City Council not affirm the Planning Commission's denial, and adopt Resolution 02-83 approving CUP 02-02, subject to the attached conditions B. BACKGROUND: The subject property is located at 42-275 Washington Street, also known as the Albertson's shopping center. The proposed wireless telecommunication facility will be located behind the existing Jiffy Lube. The property is zoned Planned Commercial. ARCHITECTURE REVIEW COMMISSION: On May 14, 2002, Architecture Review Commission reviewed and granted preliminary approval to the proposed monopalm, motion carried 5-1-0-1 with Commissioner Hanson opposed and Commissioner Lingle absent. Commissioner Hanson expressed concerns with the location of the project because of its proximity to a high-profile street and busy shopping center. RESOLUTION NO. 02-83 STAFF REPORT CUP 02-02 JULY 11, 2002 On May 24, 2002 Councilman Crites filed an appeal. This appeal became moot when the Planning Commission denied the conditional use permit. City Council action on the appeal will also serve to include any action on the appeal to the Architectural Review Commission action. PLANNING COMMISSION: On June 18, 2002, the Planning Commission denied the application, motion carried 3-1 with Commissioner Campbell in favor of the project and Commissioner Jonathan absent. Commission voiced concerns with the site location for the project. The location is within a busy shopping center and adjacent to Washington Street, which is an arterial street with high traffic volume. The Commission also expressed concern with the proposed height of the tower. The proposed height of 57 feet is not compatible with the other structures in the area. June 25, 2002, the applicant filed this timely appeal to the Planning Commission action. C. DISCUSSION: Verizon's proposal requests the authorization for the construction, use, and maintenance of a wireless telecommunication facility behind the existing Jiffy Lube within the Albertson's shopping center. Verizon is proposing a 50-foot tall monopalm, 57 feet to the top of the palm fronds, and associated equipment shelter. The monopalm will contain 3 sectors of panel antennae with 4 panel antennae per sector, totaling 12 antennae. The base of the monopalm will be round and 24 inches in diameter. Additional landscaping and palm trees will be planted at the site to screen the facility. The equipment shelter will be located in the rear of the Jiffy Lube and will be new construction to match the existing colors and textures of the building. Jiffy Lube will lose 4 parking spaces in the rear of the building to add this new construction and telecommunication tower. The shopping center has a code requirement of 670 parking spaces. The center currently has 728 parking spaces, but will lose 4 as part of the project. The center will remain in compliance and will exceed the required parking spaces with 724 parking spaces. D. CONCLUSION: Staff continues to feel that this tower should be approved. Unlike other land uses, which can be spatially determined through the City's General Plan, the location of a wireless telecommunications facility is based on the technical requirements, which include service area, geographical elevations, and customer demand. Placement within the urban geography is dependent on these requirements. 2 RESOLUTION NO. 02-83 STAFF REPORT CUP 02-02 JULY 11 , 2002 Accordingly, wireless telecommunication facilities have been located adjacent to and within all major land use categories. The proposed facility will be unmanned; it will have no impact on the circulation, noise, and has no impact on public health, safety and general welfare. The proposed facility is providing infrastructure to commuters and residents within the coverage area. The communication tower site meets all Zoning Ordinance requirements. The Architectural Review Commission reviewed and approved the artificial palm tree's design with the addition of mature palms. The applicant is constructing a new addition to the west side of the existing Jiffy Lube to store the equipment shelter. The new construction will match the existing building. The new construction will result in a loss of 4 parking spaces at the west end of the Jiffy Lube. The parking lot has 728 parking spaces, which is in excess of the required 670. The loss of 4 spaces will not be a significant impact on the shopping center. FINDINGS FOR APPROVAL: (a) 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; Response: Due to the applicant's height requirements there are no buildings of adequate height to provide service to the service area. (b) 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; Response: Site selection and antenna height are the result of a computer analysis of service coverage requirements for the Southern California and the United States. Topography (both natural and man made) and vegetation characteristics of the valley make it difficult to cover even with multiple sites. (c) That the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility; Response: Existing coverage in this area by Verizon Wireless is inadequate for existing customers. The proposed communication tower will allow for better service and create a larger network leading to increased clientele. The applicant has enclosed a copy of their existing coverage map and a new coverage map based on the new wireless site, along with a letter of site justification. 3 RESOLUTION NO. 02-83 STAFF REPORT CUP 02-02 JULY 11, 2002 ENVIRONMENTAL REVIEW: The proposed project is considered a Class 3, Categorical Exemption for purposes of CEQA and no further documentation is necessary. Prepared by: Reviewed and Approved: TONY BAGATO PHIL� IP DRELL PLANNING TECHNICIAN DIRECTOR OF COMMUNITY DEVELOPMENT • Revi and C ur: Revie and Concur: �,.. HAR FOLKERS OS L. ORTEGA ASSIST CITY MANAGER OF CITY MANAGER DEVELO MENT SERVICES CITY COUNCIL TION: APPROVED DENIED RECEIVED OTHER MEETIN DATE AYES: (J)1 I 'ec, P NOES: / p►�' / ABSENT: F Lcr ABSTAIN: VERIFIED BY: RK h�.. 1n Original on File w hreity Clerk's Office 4 CITY COUNCIL RESOLUTION NO.02-83 • A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 50-FOOT HIGH WIRELESS TELECOMMUNICATION TOWER LOCATED IN AT 42-275 WASHINGTON STREET, ALSO REFERRED TO AS THE ALBERTSON'S SHOPPING CENTER. CASE NO. CUP 02-02 WHEREAS, the City Council of the City of Palm Desert, California, did on the 1 1 th day of July, 2002, hold a duly noticed public hearing to consider the request by VERIZON WIRELESS; C/O 02 WIRELESS for the above noted conditional use permit; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 00-24, in that the Director of Community Development has determined that the project is a Class 3 categorical exemption for purposes of CEQA and no further documentation is necessary; and • WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons to exist to justify the granting of said conditional use permit: 1 . That the 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; and 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; and 3. That the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of Conditional Use Permit 02-02 is hereby granted for reasons subject to the attached conditions. CITY COUNCIL RESOLUTION NO. 02-83 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on the 1 1 th day of July, 2002, by the following vote, to wit: AYES: BENSON, CRITES, SPIEGEL, KELLY NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE RICHARD KELLY, Mayor ATTEST: RACHELLE D. KLASSEN, CITY CLERK Palm Desert City Council • CITY COUNCIL RESOLUTION NO. 02-83 CONDITIONS OF APPROVAL CASE NO. CUP 02-02 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file to the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Palm Desert Architectural Review Commission Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That where co-location may effectively be accomplished without violation of the provisions of proposed Municipal Code Chapter 25.104 and without reasonable interference with applicant's existing use, applicant shall allow third party co- location onto the tower erected under this permit. Applicant may charge a reasonable rental fee for such co-located use to the extent allowed by law. 6. That the communication tower shall comply with all provision of the City's Zoning Ordinance including but not limited to Section 25.104.040, Commercial Communication Tower Ordinance. 7. Applicant agrees to maintain the artificial palm tree. Applicant will enter into an agreement to maintain said monopalm for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The site shall comply with the Property Maintenance Ordinance (Ordinance No. 801). 3 CITY COUNCIL RESOLUTION NO. 02-83 8. The applicant shall comply with abandonment requirements set forth in Section 25.104.040 (o) of the City's Commercial Communication Tower/Antenna Ordinance. 9. The applicant shall install live Date Palms at heights of 18' to 40' adjacent to the artificial palm tree. 10. The new construction for the storage of the proposed equipment shelter shall match the existing Jiffy Lube building: color, texture and architecture. Department of Public Works: 1 . In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 2. Proposed building and equipment pad elevations are subject to •review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 3. Landscaping plans shall be submitted for review concurrently with grading plans. 4. Applicant comply with provisions of Palm Desert Municipal Code Section 24.12 Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. • CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT STAFF REPORT TO: Planning Commission DATE: June 18, 2002 CASE NO: CUP 02-02 REQUEST: Approval of a conditional use permit to allow the installation of a 57-foot high wireless telecommunication tower on property located at 42-275 Washington Street. APPLICANT: Verizon Wireless C/O 02 Wireless, Minakshi V. Hemlani 4300 Latham Street, Suite 103 Riverside, CA 92501 BACKGROUND: The subject property is located at 42-275 Washington Street, also known as the Albertson's shopping center. The proposed wireless telecommunication facility will be located behind the existing Jiffy Lube. The property is zoned Planned Commercial. ADJACENT ZONING AND LAND USE: North: P.R. 4/Woodhaven Country Club South: P.C. 2 / Chevron Service Station East: Commercial / County of Riverside (Commercial) West: R-1 / Residential II. PROJECT DESCRIPTION: Verizon's proposal requests the authorization for the construction, use, and maintenance of a wireless telecommunication facility behind the existing Jiffy Lube within the Albertson's shopping center. Verizon is proposing a 50-foot tall monopalm, 57 feet to the top of the palm fronds, and associated equipment shelter. The monopalm will contain 3 sectors of panel antennae with 4 panel antennae per sector, totaling 12 antennae. The base of the monopalm will be round and 24 inches in diameter. Additional landscaping and palm trees will be planted at the site to screen the facility. The equipment shelter will be located in the rear of the Jiffy Lube and will be new construction to match the existing colors and textures of the building. Jiffy Lube will lose 4 parking spaces in the rear of the building to add this new construction and telecommunication tower. The shopping center has a total of 143,250 square feet of building area, including all existing buildings, and an approved precise plan for a 6,547 STAFF REPORT JUNE 18, 2002 CUP 02-02 building area, including all existing buildings, and an approved precise plan for a 6,547 square foot retail building on the vacant pad to the south. With a 15 percent reduction for non-usable space the center has a total of 121,763 square feet of usable space. The City's parking requirement for shopping centers is 5.5 parking spaces per 1,000 square feet of building area. With 121,453 square feet of use, the shopping center requires 670 parking spaces. The center currently has 728 parking spaces, but will lose 4 as part of the approved project. The center will remain in compliance and will exceed the required parking spaces with 724 parking spaces. Architectural Review Commission: On May 14, 2002, A.R.C. reviewed and granted preliminary approval to the proposed monopalm motion carried 5-1-0-1 with Commissioner Hanson opposed and Commissioner Lingle absent. On May 24, 2002 Councilman Crites filled an appeal. The project will be presented to the City Council following Planning Commission's decision. A. ORDINANCE REQUIREMENTS (Sec. 25.104): Commercial communication towers are permitted in the P.C. zone, provided they meet the City's Zoning Ordinance performance standards found in Section 25.104.040 and they receive approval of a conditional use permit by the Planning Commission. Zoning Ordinance development and performance standards include the following: 1. Separation Requirements: Off-site Use: Req. Distance: Project: Monopole less than 50' 500' None in area Monopole over 50' 1,000' 1,100' Guyed Tower any height 1'000' None in area Residential 300' 700' 2. Fencing: Minimum 8' fence or wall surrounding the equipment shelter. Project: The equipment shelter will be new construction on the rear of the existing Jiffy Lube. The new addition will match the existing color and texture of the building. 2 STAFF REPORT JUNE 18, 2002 CUP 02-02 3. Landscaping: Minimum perimeter landscaping screening to minimize visual impacts to nearby viewers to the satisfaction of the Architectural Review Commission. Project: The equipment shelter will not be visible from public view. The applicant will plant live mature palms around the tower. 4. Height: Maximum height of 85 feet from ground level. Project: 50 feet tall to the antennae, 57 feet tall to top of palm fronds. III. ANALYSIS: The communication tower site meets all Zoning Ordinance requirements. The artificial palm tree's design and addition of mature palms will adequately camouflage the monopalm. The applicant is constructing a new addition to the west side of the existing Jiffy Lube to store the equipment shelter. The new construction will match the existing building. The new construction will require a loss of 4 parking spaces at the west end of the Jiffy Lube. The parking lot has 728 parking spaces and is over the required 670. The loss of 4 spaces will not be a significant impact on the shopping center. (a) 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. Response: Due to the applicant's height requirements there are no buildings of adequate height to provide service to the service area. (b) 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; Response: Site selection and antenna height is the result of a computer analysis of service coverage requirements for the Southern California and the United States. Topography (both natural and man made) and vegetation characteristics of the valley make it difficult to cover even with multiple sites. 3 STAFF REPORT JUNE 18, 2002 CUP 02-02 (c) That the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility; Response: Existing coverage in this area by Verizon Wireless is inadequate for existing customers. The proposed communication tower will allow for better service and create a larger network leading to increased clientele. The applicant has enclosed a copy of their existing coverage map and a new coverage map based on the new wireless site, along with a letter of site justification. IV. ENVIRONMENTAL REVIEW: The proposed project is considered a Class 3, Categorical Exemption for purposes of CEQA and no further documentation is necessary. V. RECOMMENDATION: That the Planning Commission adopt Resolution approving CUP 02-02, subject to the attached conditions. VI. ATTACHMENTS: A. Draft resolution B. Legal notice C. Comments from city departments and other agencies D. A.R.C. minutes E. Appeal form F. Plans and exhibits Prepared by - Tony B gato, Planning Technician Reviewed and Approved bye l �- E Philip Drell, Director of Community Development 4 PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 50-FOOT HIGH WIRELESS TELECOMMUNICATION TOWER LOCATED IN AT 42-275 WASHINGTON STREET, ALSO REFERRED TO AS THE ALBERTSON'S SHOPPING CENTER. CASE NO. CUP 02-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 1 8th day of June, 2002, hold a duly noticed public hearing to consider the request by VERIZON WIRELESS; C/O 02 WIRELESS for the above noted conditional use permit; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 00-24, in that the Director of Community Development has determined that the project is a Class 3 categorical exemption for purposes of CEQA and no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the granting of said conditional use permit: 1 . That the 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; and 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; and 3. That the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That approval of Conditional Use Permit 02-02 is hereby granted for reasons subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on thel 8th day of June, 2002, by the following vote,•to wit: AYES: NOES: ABSENT: ABSTAIN: CYNTHIA D. FINERTY, Chairperson ATTEST: PHILIP DRELL, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP 02-02 Department of Community Development: 1 . The development of the property shall conform substantially with exhibits on file to the department of community development/planning, as modified by the following conditions. 2. Construction of a portion of said project shall commence within one year from the date of final approval unless an extension of time is granted; otherwise said approval shall become null, void and of no effect whatsoever. 3. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and state and federal statutes now in force, or which hereafter may be in force. 4. Prior to issuance of a building permit for construction of any use contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Palm Desert Architectural Review Commission Evidence of said permit or clearance from the above agencies shall be presented to the department of building and safety at the time of issuance of a building permit for the use contemplated herewith. 5. That where co-location may effectively be accomplished without violation of the provisions of proposed Municipal Code Chapter 25.104 and without reasonable interference with applicant's existing use, applicant shall allow third party co- location onto the tower erected under this permit. Applicant may charge a reasonable rental fee for such co-located use to the extent allowed by law. 6. That the communication tower shall comply with all provision of the City's Zoning Ordinance including but not limited to Section 25.104.040, Commercial Communication Tower Ordinance. 7. Applicant agrees to maintain the artificial palm tree. Applicant will enter into an agreement to maintain said monopalm for the life of the project, which agreement shall be notarized and which agreement shall be recorded. It is the specific intent of the parties that this condition and agreement run with the land and bind successors and assigns. The site shall comply with the Property Maintenance Ordinance (Ordinance No. 801 ). 3 PLANNING COMMISSION RESOLUTION NO. 8. The applicant shall comply with abandonment requirements set forth in Section 25.104.040 (o) of the City's Commercial Communication Tower/Antenna Ordinance. 9. The applicant shall install live Date Palms at heights of 35' to 45' adjacent to the artificial palm tree. 10. The new construction for the storage of the proposed equipment shelter shall match the existing Jiffy Lube building: color, texture and architecture. Department of Public Works: 1 . In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. 2. Proposed building and equipment pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 3. Landscaping plans shall be submitted for review concurrently with grading plans. 4. Applicant comply with provisions of Palm Desert Municipal Code Section 24.12 Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. 4 CITY Of Pr ,11 DES RI �; • I 73-510 FRED WARING DRIVE N'� PALM DESERT, CALIFORNIA 9 2 260-2 5 7 8 d;9�'� FAX: 760 341-7098 .aaa . info P palm•deserr.org CITY OF PALM DESERT LEGAL NOTICE CASE NO.CUP 02-02 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by Verizon Wireless for approval of a conditional use permit to allow the installation of a 50' high wireless communication tower on property located at 42- 275 Washington Street. The tower is designed as a palm tree and will be surrounded by additional palms to the west of the Jiffy Lube within the Albertson's shopping center. i w.I _, J rni q"( HOVLEY D 'f , te,:E g ( T-. • t I la+ a .11 .1 ( ~} ft + f ,.,,,, 4111i ---''( a E,c5 ,. i a Sire tiv. ATES of ,.�flvIIIIil!RIMPINI I i — o ./..:',1\ SAID public hearing will be held on Tuesday, June 18, 2002, at 7:00 p.m. in the Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. Written comments concerning all items covered by this public hearing notice shall be accepted up to the date of the hearing. Information concerning the proposed project and/or negative declaration is available for review in the Department of Community Development at the above address between the hours of 8:00 a.m. and 5:00, p.m. Monday through Friday. If you challenge the proposed actions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission (or city council)at, or prior to,the public hearing. PUBLISH: Desert Sun PHILIP DRELL, Secretary June 7, 2002 Palm Desert Planning Commission CITY OF PALM DESERT INTEROFFICE MEMORANDUM TO: Department of Community Development/Planning Attention: Tony Bagato FROM: Joseph S. Gaugush, Director of Public Works/City Engineer SUBJECT: CUP 02-02, Verizon Wireless Site at 42275 Washington Street DATE: May 23, 2002 The following shall be considered conditions of approval for the above-referenced project. (1) In accordance with Palm Desert Municipal Code Chapter 27, complete grading plans and specifications shall be submitted to the Director of Public Works for checking and approval prior to the issuance of any permits associated with this project. (2) Proposed building and equipment pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. (3) Landscaping plans shall be submitted for review concurrently with grading plans. (4) Applicant shall comply with provisions of Palm Desert Municipal Code Section 24.12, Fugitive Dust Control as well as Section 24.20, Stormwater Management and Discharge Control. JOSEPH S. GAUGUSH, P.E. cc: file CUP 02-02 G WubWorks\Conditions of Approva!\CUP\CUP 02-02 Ceti Tower at 42275 Washington Streetwpd ARCHITECTURAL REVIEW COMMISSION APRIL 23, 2002 MINUTES 3. CASE NO.: CUP 02-02 APPLICANT (AND ADDRESS): VERIZON WIRELESS, MINAKSHI V. HEMLANI, 4300 Latham Avenue, Suite 103, Riverside, CA 92501 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of cellular site with installation of a 57-foot monopalm. LOCATION: 42-275 Washington Street (Jiffy Lube) ZONE: CPS Mr. Bagato stated that the site is located off Washington in the Albertson's Shopping Center near Jiffy Lube. He presented photos of the site to the commission. He commented that Jiffy Lube will lose some of their parking spaces and will add an equipment shelter, which will match the Jiffy Lube building. Mr. Bagato stated that there are some existing tall palms in front of the property along Washington. Commissioner O'Donnell asked why they are choosing high-profile sites. Mr. Bagato stated that the sites are selected based on coverage and the applicant did submit a coverage map. Commissioner O'Donnell wanted to know how many more towers Verizon will need in the near term. Ms. Hemlani, applicant, didn't know how many more they will need. Commissioner Lopez stated that he lives in the area near the proposed site and he stated that he has terrible reception there. He commented that they put one near the park at Palm Desert Country Club. Commissioner Hanson asked if there is an opportunity for different companies to band together to share these towers. Mr. Drell stated that this is not possible. He stated that originally they were going to try to have a few very tall poles and try to get multiple users on a pole. They ended up being 80' tall and every time another user came in another ten feet would have to be added to the pole. There has to be a ten foot separation between users. Mr. Drell stated that they decided that it was better to have more poles that were shorter and look like palms than huge towers with multiple arrays of antennae on them that were undisguised. He commented that this was a conscious decision that was made after seeing the tall, undisguised, multiple array antennae. The shorter, somewhat disguised palms were the lesser of two evils to achieve the coverage which we're required to provide by the Telecommunications Act. We have to provide them with the ability to serve their customers. G.Planning\Donna Quaiver\wpdocs\Agmin\AR020409.MIN 5 ARCHITECTURAL REVIEW COMMISSION APRIL 23, 2002 MINUTES Commissioner Hanson wanted to know how other cities are getting away with not providing coverage. Mr. Drell stated that we are the biggest city in the center of the valley. He stated that the companies have to show us the coverage of all of their existing poles and why they need them. Commissioner Lopez stated that he is a member of the ARC in Cathedral City and they're coming in there too. Commissioner Hanson stated that there are two cities where they are not. She stated that they are continuing to come in and now they're picking sites that are very close to high-profile streets, in front of shopping centers and she feels that this is a problem. Commissioner Lingle asked if there is any other commission in which these go for approval other than the ARC. Mr. Drell stated that there will be a hearing with the Planning Commission right after the ARC sees it. Commissioner Lingle asked if the Planning Commission is sensitive to the issues raised by members of the ARC. He asked if someone else reviews this matter in terms of volume, placement and need based on the petition of the customer and that the ARC is primarily concerned with aesthetics. He suggested that the ARC send their recommendation to the Planning Commission that they have a sensitivity to this and want to make sure that the issues are appropriately addressed and that our decisions are based on each individual application before us. He expressed his concern about the number of proposed cell sites. Mr. Drell suggested that the cellular companies submit a master plan for the City so that we can review it. He stated that every mono-palm that's gone in, people are pretty happy with. Commissioner Gregory.stated that the first ones were horrendous. Mr. Drell stated that the first one had a square trunk. Commissioner Gregory asked if the commission feels comfortable that this particular location could be made to work if the mono-palm with real palms clustered around it could be made to work on this site. Commissioner Vuksic stated that he was okay with it as it was set in behind the building and will have four other palms nestled around it. Commissioner Gregory stated that after looking at the photograph that it could be made to work in this location, but would like them to use the narrower pole. Action: Commissioner Gregory moved, seconded by Commissioner Lopez to approve this design subject to using a mono-palm with a smaller diameter within a cluster of four live palms. Motion failed 3-4. G:Planning\Donna Quaiver\wpdocs\Agmin\AR020409.MIN 6 ARCHITECTURAL REVIEW COMMISSION APRIL 23, 2002 MINUTES Commissioner O'Donnell stated that he does not think that they have enough information to know why these sites were selected, as opposed to lower profile sites, nor do we have information about the near-term saturation by the multiple satellite companies that are requesting poles here in the City of Palm Desert. He stated that he will continue to oppose any approval until he gets that information. Commissioner Gregory commented that technology is advancing and the towers will not be a long-term permanent thing. Mr. Drell indicated that the towers would be removed when they were no longer needed. Ms. Hemlani stated that she receives a search ring from Verizon and she looks in that particular area because that's where they're lacking coverage and where they have a dead zone. She then goes out and looks for at least three sites to offer to Verizon. She stated that this is number three on her list because the other sites wouldn't work since there isn't enough space, or the landlord isn't interested, etc... She stated that the currently proposed site is so close to Washington because she was trying to maintain the 300' separation distance from the residential zone. Ms. Hemlani commented that there are a lot of residential zones in that area, limiting their choices. Mr. Drell stated that with the stealth design she can ask for a waiver of the 300' separation. Commissioner O'Donnell stated that it would be much more appropriate for a proposal like this to be in the back of the shopping center. He stated that the closer these towers get to the public right of way the more difficult they become to look aesthetically pleasing. Ms. Hemlani stated that there is a residential zone behind the shopping center as well as to the right and left. She commented that she felt it would be better to have the tower closer to a commercial area than a residential area. She stated that they tried to disguise the shelter pad and the equipment so it fits in with the architecture of the shopping center. Commissioner Hanson asked if there might be ten sites to choose from rather than three within the target area. She asked if there are more sites available that she didn't even consider. Ms. Hemlani stated that it's been very difficult to find three sites within the search ring as potential sites. Commissioner Hanson stated that she feels that the proposed.site is in too prominent of a location and is "in the face" of everybody who walks in and out of that shopping center. She stated that generally they have tried to put them in places that are mostly near the rear of buildings, towards the sides of buildings or in the back of parking lots and this one is right in front and she has an issue with that. G:Planning\Donna Quaiver\wpdocs\Agmin\AR020409.MIN ARCHITECTURAL REVIEW COMMISSION APRIL 23, 2002 MINUTES Commissioner Lopez stated that a mono-palm was installed in the Palm Desert Country Club park and was wondering if they could put another one in there. Mr. Jorgensen stated that the mono-palm on Highway 74 is very hard to see and he had a lot of trouble finding it. He commented that we are dealing with the same kind of thing in the back of Jiffy Lube and they can put in that type of landscaping and they have plenty of room to do it. Commissioner Hanson stated that the tower on Highway 74 has about fifteen palm trees in front of it. Action: Commissioner O'Donnell moved, seconded by Commissioner Lingle to continue the request to allow the applicant to locate a more appropriate site. Motion carried 7-0-0-0. 4. CASE NO.: CUP 02-04 APPLICANT (AND ADDRESS): DELTA GROUPS ENGINEERING; TODD SMITH for AT&T WIRELESS, 5 Park Plaza, Suite 1400, Irvine, CA 92614 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of 65' wireless telecommunication antenna tower designed as a mono-palm with associated equipment shelter. LOCATION: 72-876 42rd Avenue (Stor America Self Storage) ZONE: S I Mr. Bagato stated that the proposed tower is 65' high and located on the property of Stor America Self Storage. Todd Smith, applicant, stated that there is a 10'-12' drop in elevation at the corner of the site that he had originally proposed the tower. He stated that he would like to use that location if he could compensate for the elevation loss. He commented that with the 65' height limit that is imposed on the tower it would give them an effective height of approximately 52'-55'. He stated that he's not opposed to the location if there's some way to utilize a 75' tower to compensate for the loss in elevation. Commissioner O'Donnell suggested using the west side near the existing Pac Bell site approximately 150'-200' to the south, which is a G:Planning\Donna ouaiver\wpdocs\Agmin\AR020409.MIN 8 ARCHITECTURAL REVIEW COMMISSION MAY 14, 2002 MINUTES 4` 7. CASE NO.: CUP 02-02 APPLICANT (AND ADDRESSI: VERIZON WIRELESS, MINAKSHI V. HEMLANI, 4300 Latham Avenue, Suite 103, Riverside, CA 92501 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of cellular site with installation of a 57-foot mono-palm. LOCATION: 42-275 Washington Street (Jiffy Lube) ZONE: CPS Mr. Bagato stated that the applicant submitted new plans with the addition of live palms. Hugh Jorgenson, Architect, stated that the equipment building is the same and is in the same location as previously submitted. He stated that they added live palms with varying height and additional landscape to soften the area. He commented that the exterior equipment building colors are the same as the rest of the shopping center. Mr. Jorgenson stated that the mono-palm will be designed to resemble a robusta and will be 24" in diameter at the base. He stated that initially his client had given him a diameter measurement of 48", which was an error. Action: Commissioner Vuksic moved, seconded by Commissioner Lopez for approval. Motion carried 5-1-0-1 with Commissioner Hanson opposed and Commissioner Lingle absent. 8. CASE NO.: SA 02-77 APPLICANT (AND ADDRESS): IMPERIAL SIGN CO., INC., 46-120 Calhoun Street, Indio, CA 92201 NATURE OF PROJECT/APPROVAL SOUGHT: Approval of business signage including attached sign and monument sign. LOCATION: 74-853 Hovley Lane, Stor N Lock G:Planning\Donna Quaiver\wpdocs\Agmin\AR020514 MIN 10 III _ �,� ��► CITY OF PALM DESERT, CALIFORNIA o PI* Al =Ma, r �� .ea ' ,'�; APPLICATION TO APPEAL AI 0 m C) rrl '_��- c • DECISION OF THE C, • i '_m_,"'.m oc, (Name of Committee/Commission) o 07,1 >:; o m Case No. CO-) (; 2 —pJ . Meeting Date: s/y/ Z of 02 — 0-2- Name of Appellant /rz 00 r/ (`-,• ' c Address Phone: ( ) Description of Application: Cc-L L �;Ze Reason for Appeal: /'c /%Y c o--.-,,,r- .4/ .--.,'� �'r-�. ?-- Signature of Appellant .- ,_ Date 1 FOR OFFICIAL USE ONLY ---- --+ 64 Date Appeal Filed: CD Fee Received: 6"l/i � Treasurer's Receipt #: Received by: Cl Public Hearing Set For: , Action taken by the City Council: 0 I-- w o U C] Date: Sheila R. Gilligan, City Clerk -773 SUBJECT TC REVISION MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2002 B. Case No. CUP 02-02 - VERIZON WIRELESS, Applicant Request for approval of a conditional use permit to allow the installation of a 57-foot high wireless telecommunication tower on property located at 42-275 Washington Street. Mr. Tony Bagato explained that the subject property is located at 42-275 Washington Street within the Albertson's shopping center. He stated that the Jiffy Lube service station fronts on Washington Street and the proposed project tower and facility would be located behind Jiffy Lube. Mr. Bagato indicated that the applicant prepared some renderings which he distributed. He explained that they were photo images with some renderings showing perspective. He noted that the base of the pole would be 24-inches and round. The tower would be 50-feet high to the top of the antennae and 57-feet total to the top the palm fronds. There would be additional landscaping planted along with five additional palm trees. Mr. Bagato showed the commission the elevations. He explained that the equipment shelter would be placed in the rear along with the tower. The shelter would match the existing shopping center's or Jiffy Lube's textures and colors. He passed around a color board for the commission's review. Mr. Bagato stated that the project would be constructed over four existing parking spaces that are located to the rear of Jiffy Lube, so there would be a loss of four spaces. The shopping center currently has 728 parking spaces and the required parking spaces based on the square footage of the existing center and the approved parcel precise plan located to the south was required to have 670 spaces, so the loss of four spaces wouldn't be a problem since there would still be an overflow of 54 spaces. On May 14, 2002, the Architectural Review Commission looked at the project and it was approved 5-1 with Commissioner Hanson opposed and Commissioner Lingle absent. On May 24, 2002, Councilman Crites filed an appeal, so ultimately this case would be presented before the City Council. Mr. Bagato stated that the tower met all the zoning requirements for the tower. The artificial palm tree's design with the addition of the five palm trees and low shrub landscaping around the building should adequately camouflage the pole. 4 :; _ SUBJECT IC MINUTES REVISION PALM DESERT PLANNING COMMISSION JUNE 18, 2002 Mr. Bagato indicated that under CEQA, this project was classified as a Class 3 Categorical Exemption and no further documentation was needed for CEQA purposes. Staff recommended that Planning Commission adopt the draft Planning Commission Resolution approving Conditional Use Permit 02-02, subject to the conditions attached to the resolution. He asked for any questions. Commissioner Tschopp asked if staff had any idea how many phone companies are out there and how many might approach us in the future to have their own pole. Mr. Bagato said no and explained that staff receives them on a case by case basis. There are several phone companies and we don't have any idea who might come in next. He stated that Mr. Drell mentioned at the Architectural Review meeting the possibly that staff could contact some of these companies and ask for a master plan of the area to see where they would be placed and the need. Mr. Bagato also' stated that currently there are two other pending applications from AT&T and they weren't near these locations. Commissioner Tschopp thought that would be an excellent idea. He didn't know how many phone companies were offering this and there would be more in the future. At this point in time staff was uncertain how many we could end up with in the city. Mr. Bagato said that was correct. Chairperson Finerty opened the public hearing and asked the applicant to address the commission. MS. MINAKSHI HEMLANI from 02 Wireless Solutions at 4300 Latham Street, Suite 103 in Riverside, stated that she was representing Verizon Wireless. Commissioner Tschopp noted that in the applicant's letter (see attached Exhibit A) she mentioned looking at a strip mall, but the lease negotiations were not favorable. He asked if that was a strip mall in this area. Ms. Hemlani said yes. Commissioner Tschopp asked if the property she looked at was in the back or in the front. 5 a. SUBJECT TC MINUTES ‘ A FT- REVtSION PALM DESERT PLANNING COMMISSION JUNE 18, 2002 Ms. Hemlani said there were two malls in that area. Their general coverage area where they have a dead zone and need coverage is between 42nd Avenue and Washington. She believed that there were two malls across from this current proposed location. One of them where the lease negotiations fell through was at the side of the parcel, but only because they didn't have anything in the back or the front. Commissioner Lopez asked if Ms. Hemlani would be in a position to comment on the feasibility of doing a master plan for the Coachella Valley to say where they think they are going to need additional monopalms for the future. Ms. Hemlani said that the Verizon Wireless Performance or Radio Frequency Engineers were the ones who set up the program on how their program works together. They would have something. As they go along, depending on how the system works they change and taper it but they had a general idea of where they need coverage. She didn't have that information with her. Chairperson Finerty asked if anyone wished to speak in FAVOR or OPPOSITION to the proposal. There was no one and the public hearing was closed. Chairperson Finerty asked for commission comments. Action: It was moved by Commissioner Lopez, seconded by Commissioner Campbell, approving the findings as presented by staff to approve the project. Chairperson Finerty asked for any discussion. Commissioner Tschopp stated that he didn't like this site, but he wasn't sure what the alternatives were or the legal steps they could take. He was concerned since the commission didn't know how many there could be and where they might end up. Chairperson Finerty stated that she was opposed to the project. She thought that Architectural Review Commissioners Hanson and O'Donnell had it correct about not placing these in high profile sites. When they put the ordinance together they were looking at putting them in the corner and in the dark. This request was front and center and Commissioner Hanson commented that it was in the face of everyone. Chairperson Finerty didn't believe that this was an appropriate location. She understood that alternate sites were considered, but that didn't mean because other sites were considered and they didn't work out that we need to have it in this site. She didn't believe it was in the best interest of the city. Having a tower 57 feet tall at Jiffy Lube would be 25 feet 6 r‘ P SUBJECT It 5 1 REVISION MINUTES PALM DESERT PLANNING COMMISSION JUNE 18, 2002 higher than most trees in the area and she thought it would stand out like a sore thumb. So she was opposed to the proposal. With the motion and the second on the floor, she called for the vote. The motion failed on a 2-2 vote with Chairperson Finerty and Commissioner Tschopp voting no. Chairperson Finerty asked if there was a resolution of denial. Mr. Hargreaves advised that the commission would need to vote as to whether or not the commission would want to do the resolution of denial. What they would like to try to do was get the majority of the commission to agree on which way to act on this issue. Ultimately if two want to approve it and two want to deny it, what they might end up doing is continuing it until they got a fifth vote. Commissioner Campbell noted that Councilman Crites already filed an appeal and asked if it would automatically go to Council. Mr. Hargreaves said it would. Commissioner Campbell asked if the vote was 3-2 for approval or denial, it would still go to Council. Mr. Hargreaves explained that it is a CUP and the Planning Commission has the jurisdiction to make the original decision, so the Planning Commission needed to make a decision if it can make a decision. Whatever the decision the Planning Commission made may or may not influence the City Council, but he would still like them to make one if possible. Commissioner Lopez suggested continuing with the denial with a recommendation to the applicant that they should take into consideration the alternative locations available to them that would not bring up the concern of it being in the front and center of everything. That might be the recommendation at this point. With that, Chairperson Finerty asked if Commissioner Lopez would be willing to go forward with a resolution of denial. Commissioner Lopez said yes. Action: It was moved by Commissioner Lopez, seconded by Commissioner Tschopp to deny Case No. CUP 02-02. Chairperson Finerty asked for any discussion. 7 s SUBJECT Ti MINUTES REVISION PALM DESERT PLANNING COMMISSION JUNE 18, 2002 There was none. Chairperson Finerty called for the vote. Motion carried 3-1 with Commissioner Campbell voting no. Chairperson Finerty asked if there was a resolution of denial. Mr. Smith said yes and distributed copies. Mr. Smith explained that the suggested findings for the denial were outlined in the middle of the resolution. They were: 1 ) The proposed location of the tower would be highly visible from a major street and a very busy shopping center; 2) The height of the structure in the proposed location is not compatible with the surrounding properties. He stated that staff was open to any other reasons if the commission wished to outline them. Chairperson Finerty asked if there were any other items that the commission wanted to add. Commissioner Tschopp stated that he wasn't sure it was appropriate in this case, but he would like to have additional information on the number of towers that we could end up with. Chairperson Finerty suggested after taking care of the resolution, directing staff to prepare a master plan and contacting all of the companies and putting the information together so that they could have some idea. Commissioner Tschopp agreed. Chairperson Finerty asked if there was a motion of denial. Mr. Hargreaves explained that the motion should be to adopt the findings as presented by staff. Action: It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, adopting the findings as presented by staff. Motion carried 3-1 (Commissioner Campbell voted no). It was moved by Commissioner Lopez, seconded by Commissioner Tschopp, adopting Planning Commission Resolution No. 2132, denying CUP 02-02. Motion carried 3-1 (Commissioner Campbell voted no). C. Case No. CUP 02-03 - VERIZON WIRELESS, Applicant Request for approval of a conditional use permit to allow the installation of a 59-foot high wireless communication tower on property located at 74-000 Country Club Drive. 8 ................ CITY DE PIIL DESERT 73-510 FRED WARING DRIVE PALM DESERT, CALIFORNIA 92260-2578 3 »i .t, j TEL: 760 346-061 1 FAX: 760 341-7098 ........... ., anfo@palm-dcsert org PLANNING COMMISSION MEETING NOTICE OF ACTION Date: June 21 , 2002 Verizon Wireless c/o 02 Wireless Minakshi V. Hemlani 4300 Latham Street, Suite 103 Riverside, California 92501 Re: CUP 02-02 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of June 18, 2002: PLANNING COMMISSION DENIED CASE NO. CUP 02-02 BY ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2132. MOTION CARRIED 3-1 (COMMISSIONER CAMPBELL VOTED NO AND COMMISSIONER JONATHAN WAS ABSENT.) Any appeal of the above action may be made in writing to the City Clerk, City of Palm Desert, within fifteen (15) days of the date of the decision. Steve Smith, Acting Secretary Palm Desert Planning Commission /tm cc: Coachella Valley Water District Public Works Department Building & Safety Department Fire Marshal PLANNING COMMISSION RESOLUTION NO. 2132 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT TO ALLOW A 50-FOOT HIGH WIRELESS TELECOMMUNICATION TOWER LOCATED IN AT 42-275 WASHINGTON STREET, ALSO REFERRED TO AS THE ALBERTSON'S SHOPPING CENTER. CASE NO. CUP 02-02 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 18th day of June, 2002, hold a duly noticed public hearing to consider the request by VERIZON WIRELESS; C/O 02 WIRELESS for the above noted conditional use permit; and WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act", Resolution No. 00-24, in that the Director of Community Development has determined that the project is a Class 3 categorical exemption for purposes of CEQA and no further documentation is necessary; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to justify the denial of said conditional use permit: 1 . The proposed location of the tower will be highly visible from a major street and a very busy shopping center. 2. The height of the structure in the proposed location is not compatible with the surrounding properties. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, California, as follows: 1 . That the above recitations are true and correct and constitute the findings of the Commission in this case. 2. That Conditional Use Permit 02-02 is hereby denied. Jun-19-2002 04:15pm From-PALM DESERT PUBLIC WORKS DEPT 7603417098 T-396 P.002/002 F-424 T ei _ CITY OF PALM DESERT, CALIFORNIA .no I i L '. _=' o- APPLICATION TO APPEAL � ;PI c 4�E'pt ri r3A-V..••• ►n DECISION OF THE P(044/2k Gd M act s57 E o (Name oommittee/Commission) cn9 m cn m Case No. ati2 w-al • Meeting Date: Jw lc?, 2002 Name of Appellant Vg4'1 'ovl t'U I ss o020 474 S5 So t d ,r Address 41300 ZgAlatt4 S-f-, Sau e /03 Phone: (90 ) zito A'VOrrs 1 p6 . GA- 9 2S0"7 x Zos- Description of Application: V i7' 1 k� �' r.J1_0' s1 — )i ,J'trn 4 S*o / Orr 1 57 2tt J -/n al,G, . .sh sl�c Reason for Appeal: • Signature of Appellant Date.0 02-- ; -5 Ivt' H.0(41a,tet,�, FOR OFFICIAL USE ONLY Date Appeal Filed: Fee Received: Treasurer's Receipt #: `�$?O Received by: Public Hearing Set For: Action taken by the City Council: Date: Sheila R. Gilligan, City Clerk