HomeMy WebLinkAboutRes No. 2901 CUP25-0004 Temp Cell TowerPLANNING COMMISSION RESOLUTION NO. 2901
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, ADOPTING A NOTICE OF EXEMPTION
PURSUANT TO THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) AND APPROVING A CONDITIONAL USE PERMIT FOR A NEW
TEMPORARY MONOPOLE COMMUNICATION TOWER LOCATED AT
75178 GERALD FORD DR
CASE NO. CUP 25-0004
WHEREAS, Verizon Wireless (“Applicant”) submitted a Conditional Use Permit
application to construct a temporary wireless communication tower facility on the project site
(“Project”); and
WHEREAS, the proposed Project conforms to the General Plan land use designation
of Employment and development standards listed in the City’s Zoning Ordinance for the P.C.-
2 Planned Commercial, Freeway Commercial Overlay Zone (FCOZ) 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 proposed
Project; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA,” Resolution No. 2024-035, and the Planning
Commission has determined that the proposed project will not have a significant impact on
the environment and is therefore 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 50-foot-tall temporary monopole communication
tower and a 408-square-foot, ground-mounted equipment enclosure, as well as the potential
future development of a permanent wireless communication facility at the same location. The
temporary and permanent components of the project are each consistent with the applicable
General Plan land use designation and policies, as well as the applicable zoning designation
and development regulations. The project site has been previously graded, is located within
an urbanized area, and contains no sensitive biological resources or habitat value for
endangered, rare, or threatened species. The project will not result in significant cumulative
environmental impacts, nor will it adversely affect traffic, noise, air quality, or utilities. The site
is adequately served by all required public services and infrastructure. Therefore, based on
the above findings, staff recommends that the Planning Commission adopt a Categorical
Exemption pursuant to CEQA Guidelines Section 15303 (Class 3) for both the temporary and
proposed permanent components of the project; and
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 7th day of October 2025, 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
PLANNING COMMISSION RESOLUTION NO. 2901
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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.
Findings of Approval:
Under Palm Desert Municipal Code (PDMC) 25.34.130 (E), the following findings are required
before granting a conditional use permit for a Wireless Communication Facility:
1. That the proposed location of the conditional use is in accord with the objectives of
this title and the purpose of the district in which the site is located.
Project Compliance: Yes. The proposed location of the temporary communication
tower is consistent with 25.34.130 Communication Tower and Antenna Regulations
and the purpose of the P.C.-2 Planned Commercial, Freeway Commercial Overlay
Zone (FCOZ) zoning district in which it is located. The tower supports essential
telecommunications infrastructure, which is vital for public safety, business operations,
and personal communication. The selected site has been chosen to minimize visual
while maintaining the necessary coverage and service goals. The use is consistent
with the district’s intent to accommodate essential public utilities and infrastructure in
a manner that promotes orderly development and protects the general health, safety,
and welfare of the community.
2. That the proposed location of the conditional use and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety, or
welfare, or be materially injurious to properties or improvements in the vicinity.
Project Compliance: Yes. The proposed location of the temporary communication
tower, and the conditions under which it will be operated and maintained, will not be
detrimental to the public health, safety, or welfare, nor materially injurious to properties
or improvements in the vicinity. To address aesthetic concerns, the tower has been
carefully sited to minimize visibility from public view. The design incorporates a neutral
color and non-reflective finish to blend with the surrounding environment, and no
lighting will be installed unless required by law. Landscaping and natural screening,
where feasible, will further reduce visual impact. These measures ensure the tower
remains as unobtrusive as possible while providing essential communication services
to the area.
3. That the proposed conditional use will comply with each of the applicable provisions
of this title, except for approved variances or adjustments.
Project Compliance: Yes. The proposed temporary communication tower will comply
with all applicable provisions of this title. No variances or adjustments have been
PLANNING COMMISSION RESOLUTION NO. 2901
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requested or are required. The project has been designed to fully conform to the
zoning code and development standards applicable to the site, including height,
setbacks, design criteria, and operational requirements. The facility will meet all local,
state, and federal regulations governing the installation and operation of
telecommunications infrastructure.
4. That the proposed conditional use complies with the goals, objectives, and policies of
the City's General Plan.
Project Compliance: Yes. The proposed communication tower complies with the
goals, objectives, and policies of the City’s General Plan, including Policy 5.2, which
supports the creation of broadband service throughout Palm Desert. The project
facilitates the expansion of reliable and high-quality telecommunications
infrastructure, which is essential for enhancing broadband access and connectivity in
the community. By providing critical network coverage, the tower promotes public
safety and overall quality of life. Additionally, the project is designed to be compatible
with the surrounding area, preserving community character while advancing the City’s
objective to improve telecommunication services citywide.
Under Palm Desert Municipal Code (PDMC) 25.34.130 (E), the following findings are required
before granting a conditional use permit for a Communication Tower 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.
Project Compliance: Yes. Based on the RF coverage maps submitted by the applicant,
existing towers and structures within and around the proposed service area are
insufficient to support the required equipment or to provide adequate signal coverage.
These existing facilities do not meet the necessary height, location, or loading capacity
to close the identified coverage gap. As such, a new installation is required to meet
the service objectives of the service provider. The applicant also conducted a thorough
search for existing communication tower sites within the targeted coverage area to
determine whether suitable alternative locations are available. Outreach was made to
owners of nearby towers to explore the possibility of co-location; however, these
efforts did not result in any agreements. Factors such as insufficient structural
capacity, coverage limitations, or prohibitive lease terms made existing sites
unsuitable for meeting the specific technical and service requirements of the proposed
facility. Consequently, the selected site represents the most feasible and effective
location to provide the necessary coverage and service to the community while
minimizing impacts on surrounding properties.
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.
Project Compliance: Yes. 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
PLANNING COMMISSION RESOLUTION NO. 2901
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commercial and light-industrial properties in the immediate vicinity. As demonstrated
in the RF (Radio Frequency) propagation maps and technical analysis submitted by
the applicant, the geographical boundaries of the proposed service area cannot be
bifurcated or reconfigured in a manner that would eliminate the need for a freestanding
tower or antenna at the proposed height. Due to the topography, existing infrastructure
limitations, and the required signal coverage objectives, the proposed height and
location are necessary to provide consistent and reliable service throughout the
intended coverage area.
3. That the applicant shows compelling technological or economic reason(s) for requiring
a new freestanding facility.
Project Compliance: Yes. The existing coverage and available technology in the area
are insufficient to meet the needs of current users, including emergency services,
while reliance on and demand for reliable cellular service continues to grow. According
to the RF map provided by the project applicant, the proposed facility will significantly
improve service quality and expand network capacity within the coverage area. The
selected site is strategically located at the rear of a commercial property. This location
minimizes visual impact and limits visibility from major public streets and high-traffic
areas, thereby reducing potential aesthetic concerns.
SECTION 2. Project Approvals. The Planning Commission hereby recommends
approval of CUP25-0004, subject to Conditions of Approval attached as “Exhibit A.”
SECTION 3. 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. Rosie Lua, the Secretary to the Palm
Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 4. Execution of Resolution. The Chairperson of the Planning Commission
signs this Resolution and the Secretary to the Commission shall attest and certify to the
passage and adoption thereof.
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve Case No. CUP25-0004
ADOPTED ON October 7th, 2025.
JOHN GREENWOOD
CHAIRPERSON
PLANNING COMMISSION RESOLUTION NO. 2901
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ATTEST:
ROSIE LUA
SECRETARY
I, Rosie Lua, Secretary of the City of Palm Desert Planning Commission, hereby certify
that Resolution No. 2901 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 October 7, 2025, by the
following vote:
AYES: COLLUM, GREENWOOD, MEYERHOFF, NICKERSON
NOES: NONE
ABSENT: HOLT
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 December _3_, 2025.
ROSIE LUA
SECRETARY
PLANNING COMMISSION RESOLUTION NO. 2901
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EXHIBIT “A”
CONDITIONS OF APPROVAL
CASE NO. CUP25-0004
PLANNING DIVISION:
1. The development of the property shall conform substantially with the approved exhibits
contained in CUP25-0004 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. The 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 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. 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 twenty-
four (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 CUP shall expire twelve (12) months from the date of building permit issuance. An
extension of time for an additional twelve (12) months may be granted at the discretion
of the Director of Development Services. Any further extensions shall require review and
approval by the Planning Commission.
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6. The approved CUP may only be modified with City approval under PDMC Chapter
25.72.050.
7. 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. 2901
for CUP25-00004 and that the plans submitted comply with the Conditions of Approval.
No modifications shall be made to said plans without written approval from the
appropriate decision-making body.
8. 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
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.
9. 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 Conditional Use Permit, 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.
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 provided for all areas of the Project site.
11. 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 and, if required, ultimately
remove the approved facilities in compliance with the provisions of Title 25 of the Palm
Desert Municipal Code and any conditions of permit approval. The carrier shall provide
financial security, in a form acceptable to the City Attorney, to ensure that the approved
facility is properly maintained and to guarantee that the facility is dismantled and removed
from the premises, if it is inoperative, abandoned, or existing after permit expiration, at
the owner’s expense.
12. The facility shall be subject to the Abandonment requirements of PDMC Title 25.34.120.
In the event that the tower is out of compliance with this Conditional Use Permit, out of
operation, or abandoned for a continuous period of 30 consecutive days, the Applicant
shall have an additional 30 days to remove the tower and all appurtenances, at their
expense, to the satisfaction of the Director of Development Services, or reactivate the
tower.
PLANNING COMMISSION RESOLUTION NO. 2901
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13. The applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
14. The proposed 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 for 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.
15. Site lighting shall be reviewed and approved by the Department of Development Services
and shall conform to the City’s Outdoor Lighting Ordinance Chapter 24.16.
16. No lighting shall be permitted on the tower unless mandated by state or federal law
17. The panel antennas shall be mounted securely to the communication tower.
18. The tower pole, all antennas, and antenna arrays shall be painted desert sand.
19. Antennas, equipment, and all ancillary components shall be stealth to the maximum
extent feasible. Ground mounted equipment shall be located behind a 9-foot-tall vinyl
fence painted “Desert Sand”.
20. No cables and/or conduits on the tower shall be visible. All cables and conduit for the
facility shall be screened within the pole and shall not be visible from publicly accessible
areas.
21. The maximum allowable height of the structure shall be limited to 50 feet.
22. 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.
23. Installation of the communication tower and associated equipment shall not impact the
drainage infrastructure in drive aisle.
BUILDING AND SAFETY DIVISION:
24. The applicant shall be required to submit a building permit application for the proposed
temporary monopole communication tower once the project is ready to move forward.
PLANNING COMMISSION RESOLUTION NO. 2901
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PLANNING COMMISSION:
25. The applicant shall replace any dead or declining landscaping in a timely manner, to
ensure ongoing landscaping maintenance and viability.
END OF CONDITIONS OF APPROVAL