HomeMy WebLinkAboutD. CUP 08-266 Cingular Wireless CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: Approval to construct, operate and maintain a new 75-foot high
mono-palm wireless telecommunications tower for Cingular
Wireless with a related equipment building located just inside the
perimeter wall of Palm Valley Country Club at the northeast corner
of Country Club Drive and Eldorado Drive.
SUBMITTED BY: Kevin Swartz
Assistant Planner
APPLICANT: Cingular Wireless
12900 Park Plaza Drive
Cerritos, CA 90703
CASE NO.: CUP 08-266
DATE: August 5, 2008
I. EXECUTIVE SUMMARY:
Approval of the proposed Conditional Use Permit would allow the installation and
operation of a 75-foot tall mono-palm. The project was previously approved in
2006, but was not constructed before the approval expired. The proposal will
require the Planning Commission to grant an exception relative to zoning districts
listed in Chapter 25.104 of the Palm Desert Municipal Code. The facility has been
approved for its aesthetic and landscape impacts by the Architectural Review
Commission (ARC) at its July 8, 2008 meeting.
II. BACKGROUND:
A. Property Description:
The project site is a flat common area lot located just inside Palm Valley
Country Club perimeter wall at the northeast corner of Country Club Drive
and Eldorado Drive. The site is currently landscaped with Mexican fan
palms, California pepper trees, shrubs, and grass. The project site is
approximately 150 feet south and southwest from the nearest
condominiums in Palm Valley Country Club on Narcissus Way and
Honeysuckle Lane. Views of the site from Country Club Drive and Eldorado
Staff Report
Case No. CUP 08-266
August 5, 2008
Page 2 of 6
Drive are obscured by 40 foot to 60 foot high Mexican fan palms, 20 foot to
30 foot high evergreen trees, oleanders, and an existing 8 foot high block
wall.
B. Zoning and General Plan Designation:
Zone: PR-3 Planned Residential, three units per acre
General Plan: Low Density Residential
C. Adjacent Zoning and Land Use:
North: PR-3 Planned Residential / Palm Valley Country Club
South: PR-5 Planned Residential / Indian Ridge Country Club
East: PR-3 Planned Residential / Palm Valley Country Club
West: PR-3 Planned Residential /Avondale Country Club
D. Architectural Review Commission:
At its meeting of July 8, 2008 the ARC reviewed the project. The
Commission granted approval by minute motion, subject to landscape
approval by Landscape Specialist. The motion carried 7-0.
E. CUP 05-09:
On August 2, 2006, the Planning Commission approved Resolution No.
2408, approving a Conditional Use Permit to allow a 75-foot high mono-
palm wireless communications tower with adjacent equipment shelter at
Palm Valley Country Club.
Since the approval date, the applicant failed to construct the approved
mono-palm and the Conditional Use Permit became null. The applicant
has reapplied for a Conditional Use Permit.
III. PROJECT DESCRIPTION:
Cingular Wireless is requesting approval to construct a 75-foot high wireless cell
tower disguised as an artificial palm tree with an average 2-foot diameter trunk.
The mono-palm has communications antennas concealed inside the palm trunk.
A 230 square foot, 10'-6" high pre-fabricated equipment shelter is proposed next
to the mono-palm. An 8-foot high decorative block wall will enclose the project
site. No utility apparatus will be located above ground. All utilities for the project
will be routed underground. The applicant proposes to camouflage the mono-palm
by planting three live Mexican fan palms (30 feet high each), three California
pepper trees (24-inch box), two Mediterranean fan palms (15 gallon), and several
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Staff Report
Case No. CUP 08-266
August 5, 2008
Page 3 of 6
shrubs and vines. There are ten existing 40-foot to 60-foot high Mexican fan palms
located next to the site to the west and southwest.
IV. ANALYSIS:
This project will require the Planning Commission to approve an exception, since
the proposed mono-palm would be located within a residential zone. The
following findings responding to Palm Desert Municipal Code Chapter 25.104
Commercial Communication Tower Regulations explain the rationale for granting
the exception:
A. Findings for Approval:
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 land use that characterizes a compelling technological need to
locate at the height and location proposed is the existing inability to
provide sufficient coverage specific to the geographic site and the
inability to collocate with existing towers. The request for a 75-foot
tall mono-palm is the result of efforts by the applicant to collocate
with existing mono-palms in the vicinity. Sector studies have
demonstrated to the Cingular Corporation that in order to provide
service to this portion and to commercial and residential customers
within the vicinity, the installation of a 75-foot tower is necessary.
2. That the unique land use characteristics or geographic features
mitigate any negative aesthetic concerns.
The surrounding area is developed within a residential area. The
site itself is landscaped and located within Palm Valley Country
Club. The mono-palm design of the proposed wireless
communications tower, the existing trees, and the planting of five
new palm trees, three pepper trees and several shrubs and vines
will adequately camouflage the mono-palm and equipment shelter
to mitigate any negative aesthetic concerns.
Additional findings for the approval of commercial communication towers
are stated in Municipal Code Section "25.104.030 Permitted Commercial
Communication Towers and Commercial Communication Antennas in
Zoning Districts of City" as such: New freestanding commercial
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Staff Report
Case No. CUP 08-266
August 5, 2008
Page 4 of 6
communication towers/commercial communication antennas shall not be
allowed unless the applicant substantiates to the satisfaction of the
Planning Commission:
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.
A Project Description Letter has been submitted by the applicant
and attached to the Staff Report to provide documentation as to the
service need in the proposed service area. A propagation study
was undertaken to analyze the optimum placement for the cellular
panels. The report concluded that the number and location was
optional at the other cell towers in the vicinity.
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.
Site selection and antenna height are the result of a computer
analysis of service coverage requirements for 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.
The economic reasons are stated in the project description letter
submitted for the Commission's review and attached to the record.
Existing coverage in the area is inadequate for existing customers.
The proposed communication tower will allow for better service and
create a larger network leading to increased capacity. 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.
The Planning Commission has the ability to approve exceptions based on unique
land characteristics or geographic features that result in a compelling
technological reason to locate a commercial communications tower in the
location and/or at the height proposed. The Commission can also make the
finding that characteristics of the proposed site mitigate any negative aesthetic
concerns.
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Staff Report
Case No. CUP 08-266
August 5, 2008
Page 5 of 6
The proposed mono-palm tower meets all development standards excluding the
requested exception. The proposed wireless communications mono-palm is
located in a cluster of existing mature palm trees as seen in the submitted photo-
simulation. The ARC has approved this request based on the surrounding
terrain of existing landscaping and the fact that the proposed equipment has
been designed to not interfere with circulation or visual continuity of the grounds.
With regard to landscape requirements, a condition of approval has been placed
upon the project that the landscape plans must be approved and must meet all
planting and irrigation design requirements prior to obtaining construction
permits.
V. ENVIRONMENTAL REVIEW:
The project is a Class 3, Categorical Exemption for the purposes of CEQA and
no further review is necessary.
VI. CONCLUSION:
Staff has determined that the proposed mono-palm would be compatible with
adjacent properties, is architecturally consistent with adjacent properties, and
would create no adverse visual impact on adjacent properties. The proposed 75-
foot height meets the standards in Municipal Code Chapter 25.104 Commercial
Communication Tower and Commercial Antenna Regulations.
The approval of a Conditional Use Permit to allow the installation of a 75-foot
high mono-palm and a 230 square foot attendant equipment area would allow
Cingular Wireless to expand its network of telecommunications facilities in a
manner consistent with current market demand.
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Staff Report
Case No. CUP 08-266
August 5, 2008
Page 6 of 6
VII. RECOMMENDATION:
That the Planning Commission adopt the findings and adopt Planning
Commission Resolution No. , approving CUP 08-266 subject to conditions
attached.
VIII. ATTACHMENTS:
A. Draft Resolution
B. Legal Notice
C. Architectural Review Commission Notice of Action and Minutes
D. Exhibits: Aerial vicinity maps, Plans and Photo-simulations
Submitted by: Department Head:
)6,
Kevin Swartz Lauri Aylaian
Assistant Planner Director of Community Development
Approval:
Homer Croy
ACM for Develop t Services
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PLANNING COMMISSION RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION,
OPERATION, AND MAINTENANCE OF A NEW 75-FOOT HIGH
MONO-PALM WIRELESS TELECOMMUNICATIONS TOWER
FOR CINGULAR WIRELESS WITH A RELATED EQUPIMENT
BUILDING LOCATED JUST INSIDE THE PERIMETER WALL OF
PALM VALLEY COUNTRY CLUB AT THE NORTHEAST
CORNER OF COUNTRY CLUB DRIVE AND ELDORADO DRIVE.
CASE NO. CUP 08-266
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
5th day of August, 2008, hold a duly noticed public hearing to consider the request by Cingular
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. 06-78, 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 approval of said request:
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 land use that characterizes a compelling technological need to locate at
the height and location proposed is the existing inability to provide sufficient
coverage specific to the geographic site and the inability to collocate with
existing towers. The request for a 75-foot tall mono-palm is the result of efforts
by the applicant to collocate with existing mono-palms in the vicinity. Sector
studies have demonstrated to the Cingular Corporation that in order to provide
service to this portion and to commercial and residential customers within the
vicinity, the installation of a 75-foot tower is necessary.
2. That the unique land use characteristics or geographic features mitigate any
negative aesthetic concerns.
The surrounding area is developed within a residential area. The site itself is
landscaped and located within Palm Valley Country Club. The mono-palm
design of the proposed wireless communications tower, the existing trees, and
the planting of five new palm trees, three pepper trees and several shrubs and
PLANNING COMMISSION RESOLUTION NO.
vines will adequately camouflage the mono-palm and equipment shelter to
mitigate any negative aesthetic concerns.
Additional findings for the approval of commercial communication towers are stated in
Municipal Code Section "25.104.030 Permitted Commercial Communication Towers
and Commercial Communication Antennas in Zoning Districts of City" as such: New
freestanding commercial communication towers/commercial communication antennas
shall not be allowed unless the applicant substantiates to the satisfaction of the
Planning Commission:
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.
A Project Description Letter has been submitted by the applicant and attached
to the Staff Report to provide documentation as to the service need in the
proposed service area. A propagation study was undertaken to analyze the
optimum placement for the cellular panels. The report concluded that the
number and location was optional at the other cell towers in the vicinity.
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.
Site selection and antenna height are the result of a computer analysis of
service coverage requirements for 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.
The economic reasons are stated in the project description letter submitted for
the Commission's review and attached to the record. Existing coverage in the
area is inadequate for existing customers. The proposed communication tower
will allow for better service and create a larger network leading to increased
capacity. 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.
2
PLANNING COMMISSION RESOLUTION NO.
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 08-266 is hereby granted, subject to the
attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on the 5th day of August, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, Chairperson
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
3
PLANNING COMMISSION RESOLUTION NO.
CONDITIONS OF APPROVAL
CASE NO. CUP 08-266
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:
Planning Department
Fire Department
Public Works Department
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.
6. Applicant agrees to maintain the landscaping required to be installed pursuant to these
conditions. Applicant will enter into an agreement to maintain said landscaping 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 final landscape plan shall include a long-
term maintenance program specifying among other matters appropriate watering times,
fertilization and pruning for various times of the year for the specific materials to be
planted, as well as periodic replacement of materials. All to be consistent with the
Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape
plan.
4
PLANNING COMMISSION RESOLUTION NO.
Department of Public Works:
1. Building pad elevations for the proposed development are subject to review and
approval in accordance with Section 27 of the Palm Desert Municipal Code.
2. Any landscape plans shall be reviewed and approved concurrently with construction
plans ad no permits shall be issued prior to Landscape plan approval.
Department of Building and Safety:
1. Project must conform to the current State of California Codes adopted at the time of
plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 UBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA ENERGY CODE
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
2. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm Desert Municipal Code, Title 5.
3. All contractors and/or owner-builders must submit' a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
4. Structural plans and calculations will be required for the mono-palm structure. Design
parameters are currently 85 mph wind speed; exposure C (due to height) and seismic
design category as determined by CBC Chapter 16 Requirements.
5
CITY Of AlM DESERT
73-510 FRED WARING DRIVE
PALM DESERT,CALIFORNIA 92260-2578
tan TELt 760 346-0611
.•i,i FAX:760 341-7098
' !.?;`•• info@palm-desert.org
CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.CUP 08-266
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a request by Cingular for approval of a Conditional Use
Permit approval to construct,operate and maintain a new 75-foot high mono-palm
wireless telecommunications tower for Cingular Wireless with a related equipment
building located just inside the perimeter wall of Palm Valley Country Club at the
northeast corner of Country Club Drive and Eldorado Drive.
Cfty of Palm Desert Ma
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SAID public hearing will be held on Tuesday,August 5, 2008, at 6:00 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 Lauri Aylaian, Secretary
July 24, 2008 Palm Desert Planning Commission
CITY OF PALM DESERT
\z°, Ae.v
July 10, 2008
ARCHITECTURAL REVIEW COMMISSION ACTION
CASE NO: CUP 08-266
APPLICANT (AND ADDRESS): NEW CINGULAR WIRELESS PCS LLC, 12900 Park
Plaza Drive, Cerritos, CA 90703
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of wireless mono-palm.
LOCATION: 76002 Honeysuckle
ZONE: PR-3
Upon reviewing the plans and presentations submitted by staff and by the applicant, the
Architectural Review Commission granted approval subject to minute motion.
Date of Action: July 8, 2008
Vote: Motion carried 6-0-0-1, with Commissioner Gregory absent
(An appeal of the above action may be made in writing to the City Clerk of the City of
Palm Desert within fifteen (15) days of the date of the decision. Any amendments to this
approved plan would need to be re-submitted to Commission for approval.)
STAFF COMMENTS: It is your responsibility to submit the plans approved by the
Architectural Review Commission to the Department of Building and Safety.
ARCHITECTURAL REVIEW COMMISSION
MINUTES July 8, 2008
5. CASE NO: CUP 08-266
APPLICANT (AND ADDRESS): NEW CINGULAR WIRELESS
PCS LLC, 12900 Park Plaza Drive, Cerritos, CA 90703
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of
wireless mono-palm.
LOCATION: 76002 Honeysuckle
ZONE: PR-3
Action:
It was moved by Commissioner DeLuna and seconded by Commissioner
Lambell, to grant approval by minute motion. Motion 6-0-0-1, with
Commissioner Gregory absent.
6. CASE NO: SA 08-249
A'PLICANT (AND ADDRESS): SIGN- -RAMA, 41-945
Bo. dwalk, Suite L, Palm Desert, CA 92211
NATUR' OF PROJECT/APPROVAL •UGHT: Final approval of
sign progr. : Pointe Monterey
LOCATION: 3. 100 to 34-500 G. eway Drive
ZONE: S.I
Action:
It was moved by Commissio anson and seconded by Commissioner
Van Viet, to continue per ap•lica 's request. Motion carried 6-0-0-1, with
Commissioner Gregory absent
B. Preliminary Plans:
1. CASE NO: 'P/CUP 08-241
APPLI • NT (AND ADDRESS): RON .ENDERSON & MICHAEL
JOH :TON, 73708 Highway 111, Palm vesert, CA 92260
N • URE OF PROJECT/APPROVAL -•UGHT: Preliminary
. .proval of conversion of an existing single mily structure to an
office building: Farmer's Insurance Building.
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CITY OF PALM DESERT
;. n sok ;ti : BUILDING & SAFETY DEPARTMENT
3
•..+,"giftnay INTEROFFICE MEMORANDUM
To: Kevin Swartz, Assistant Planner
From: Sam Szymanski, Plan Check Manager
Date: July 16th, 2008
Subject: CUP 08-266
. I have reviewed the information provided and have the following comments:
1. Project must conform to the current State of California Codes adopted at the time
of plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA PLUMBING CODE (Based on 2006 UPC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
2. All contractors and subcontractors shall have a current City of Palm Desert
Business License prior to permit issuance per Palm desert Municipal Code, Title
5.
3. All contractors and/or owner-builders must submit a valid Certificate of Worker's
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
4. Please contact Debbie Le Blanc, Land Management Specialist, at the
Department of Building and Safety (760-776-6420) regarding the addressing of
all buildings, structures and/or suites.
G`.Plancmg\Kevin Swanz\Word\CUP 08-266 Cingular mono-palm'Bwldmg Corditions doc
INTEROFFICE MEMORANDUM
TO: Department of Community Development/Planning
Attention: Kevin Swartz
FROM: Phil Joy, Associate Transportation Planner
SUBJECT: CUP 8-266 Cingular Tower at Palm Valley CC
DATE: June 26, 2008
The following shall be considered as conditions of approval for the above-referenced
project.
1. Grading plans for the proposed development are subject to review and approval
in accordance with Section 27 of the Palm Desert Municipal Code.
2. Any landscape plans shall be reviewed and approved concurrently with
construction plans and no permits shall be issued prior to landscape plan
approval.
Phil Joy