HomeMy WebLinkAboutA. Case No. CUP 08-228 - Omnipoint Communication, Inc. CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
PLANNING COMMISSION STAFF REPORT
REQUEST: Approval to construct, operate and maintain a new T-Mobile wireless
telecommunications facility to be comprised of six panel antennas in
three sectors on a 66'-4" high mono-palm consisting of two GPS
antennas, one emergency generator, one parabolic antenna, four
BTS telecommunication equipment cabinets, coaxial cable running
from the antennas to the BTS, power and Telco utility connection, to
be installed inside Oasis Country Club at 42-300 Casbah Way, APN:
634-101-052
SUBMITTED BY: Kevin Swartz
Assistant Planner
APPLICANT: Omnipoint Communications, Inc.
A Subsidiary of T-Mobile USA, Inc.
3257 E. Guasti Road Suite 200
Ontario, CA 91761
CASE NO.: CUP 08-228
DATE: July 1, 2008
I. EXECUTIVE SUMMARY:
Approval of the proposed Conditional Use Permit would allow the installation and
operation of a 66'-4" tall mono-palm. 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 June 10, 2008 meeting.
II. BACKGROUND:
A. Property Description:
The property is located inside Oasis Country Club located on Hovley Lane
East, west of Oasis Country Club Drive. The proposed site is zoned
Planned Residential; however, this proposed project site is part of Oasis
Staff Report
Case No. CUP 08-228
July 1, 2008
Page 2 of 6
Country Clubs maintenance yard. The proposed mono-palm would be
located behind a gate and next to an existing 65-foot mono-palm for
Nextel.
B. Zoning and General Plan Designation:
Zone: PR-4 Planned Residential, four units per acre
General Plan: Low Density Residential
C. Adjacent Zoning and Land Use:
North: PR-5 Planned Residential / Indian Ridge Country Club
South: R-1, 9,000/ Palm Desert Country Club
East: R-1, 9,000/ Palm Desert Country Club
West: City of Indian Wells
D. Architectural Review Commission:
At its meeting of June 10, 2008 the ARC reviewed the project. The
Commission granted approval by minute motion. Motion carried 6-0-0-1,
with Commissioner DeLuna absent.
III. PROJECT DESCRIPTION:
The facility is designed as a new 66'-4" mono-palm. The mono-palm will have all
antennas concealed inside of the palm trunk. The antennas are stacked vertically,
with the top antennas mounted at 60 feet. There are existing mature palm trees
located on the property, therefore, the proposed design will blend in well with its
surroundings. The equipment cabinets will be located inside of a seven foot
wrought iron fence enclosure adjacent to the existing Nextel facility. No utility
apparatus will be located above ground. All utilities for the project will be routed
underground. The proposed site provides for easy maintenance access from
Hovley Lane East and San Dune Drive for maintenance. The emergency
generator will only be used during the times of a black-out, and will not be
permanently located on site.
The area the applicant is leasing within the maintenance yard is behind a closed
gate and is 20 feet x 23 feet-6 inches totaling 470 square feet. All equipment will
be screened and hidden from public view. New landscape is also proposed for the
sidewalk that surrounds the enclosure and mechanical equipment.
G:\Planning\Kevin Swartz\Word\CUP 08-228 T-Mobile\07-1-08 tmobilePlanning Commission Staff Report.doc
Staff Report
Case No. CUP 08-228
July 1, 2008
Page 3 of 6
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, and as
proposed would be located next to an existing cell tower for Nextel. 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 of Approval:
In accordance with section 25.104.050 (Exceptions process), any reduction
in the 1,000-foot separation distance for towers over 50-feet in height is
prohibited unless an exception is granted. Pursuant to Section 25.104.050
for separation distances between commercial communication towers the
Planning Commission must find:
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 66'-4"
tall mono palm is the result of efforts by the applicant to collocate
with an existing Nextel mono-palm. The space available would be
too low to cover T-Mobile's objective and the signal would be
blocked by the structures and topography barriers such as trees
and buildings ruled out collocating. Sector studies have
demonstrated to the T-Mobile Corporation that in order to provide
service to this portion and to commercial and residential customers
within the vicinity, the installation of six panels at the height of 66'-
4" 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 the maintenance facility
G:\Planning\Kevin Swartz\Word\CUP 08-228 T-Mobile\07-1.08 tmobilePlanning Commission Staff Report doc
Staff Report
Case No. CUP 08-228
July 1, 2008
Page 4 of 6
within Oasis Country Club. There is an existing Nextel mono-palm
and existing living palm trees next to the proposed mono-palm that
would combine well 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. It was concluded that the number and location was optional
the proposed location.
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 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.
G:\Planning\Kevin Swartz\Wor CUP 08-228 T-Mobile\07-1-08 tmobilePlanning Commission Staff Report.doc
Staff Report
Case No. CUP 08-228
July 1, 2008
Page 5 of 6
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.
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 ranging from 40 to
approximately 65-feet in height as seen in the submitted photo-simulation. The
ARC has approved this request based on the surrounding terrain of existing
landscaping and 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 will be approved and will 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 66'-
4" 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 66'-4" high
mono-palm and a 470 square foot attendant equipment area would allow T-
Mobile to expand its network of telecommunications facilities in a manner
consistent with current market demand.
G:\Planning\Kevin Swartz\Word\CUP 08-228 T-Mobile\07-1-08 tmobilePlanning Commission Staff Repon.doc
Staff Report
Case No. CUP 08-228
July 1, 2008
Page 6 of 6
VII. RECOMMENDATION:
That the Planning Commission adopt the findings and adopt Planning
Commission Resolution No. , approving CUP 08-228 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:
) . --------
Kevin Swartz Lauri Aylaian
Assistant Planner Director of Community Development
Approval:
Omer Croy I
ACM for Devel ent Services
G:\Planning\Kevin Swartz\Word\CUP 08-228 T-Mobile\07.1-08 tmobilePlanning Commission Staff Report.doc
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 T-MOBILE
WIRELESS TELECOMMUNICATIONS FACILITY TO BE
COMPRISED OF SIX PANEL ANTENNAS IN THREE SECTORS
ON A 66'-4" HIGH MONO-PALM PROJECT IS LOCATED
INSIDE OASIS COUNTRY CLUB AT 42-300 CASBAH WAY,
APN: 634-101-052
CASE NO. CUP 08-228
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
1st day of July, 2008, hold a duly noticed public hearing to consider the request by Omnipoint
Communications / A Subsidiary of T-Mobile USA, Inc., 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 32 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 66'-4" tall
mono palm is the result of efforts by the applicant to collocate with an
existing Nextel mono-palm. The space available would be too low to
cover T-Mobile's objective and the signal would be blocked by the
structures and topography barriers such as trees and buildings ruled out
collocating. Sector studies have demonstrated to the T-Mobile
Corporation that in order to provide service to this portion and to
commercial and residential customers within the vicinity, the installation
of six panels at the height of 66'-4" is necessary.
2. That the unique land use characteristics or geographic features mitigate
any negative aesthetic concerns.
PLANNING COMMISSION RESOLUTION NO.
The surrounding area is developed within a residential area. The site
itself is landscaped and located within the maintenance facility within
Oasis Country Club. There is an existing Nextel mono-palm and existing
living palm trees next to the proposed mono-palm that would combine
well to mitigate any negative aesthetic concerns.
3. 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. It was
concluded that the number and location was optional at the proposed
location.
4. 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.
5. 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 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.
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 08-228 is hereby granted, subject to the
attached conditions.
2
PLANNING COMMISSION RESOLUTION NO.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on the 1st day of July, 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 08-228
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 PRIM DESERT
•
73-510 FRED WARING DRIVE
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PALM DESERT,CALIFORNIA 92260-2578
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FAX:760 341-7098
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CITY OF PALM DESERT
LEGAL NOTICE
CASE NO.CUP 08-228
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
Planning Commission to consider a request by T-Mobile for approval of a conditional use
permit to construct a telecommunications facility to be comprised of 12 new panel
antennas on a 65 foot high mono-palm consisting of two GPS antennas,one emergency
generator,one parabolic antenna,six BTS radio cabinets, coaxial cable running from the
antennas to the BTS, power and Telco utility connection;to be installed at 76-501 Hovley
Lane East.
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SAID public hearing will be held on Tuesday, July 1, 2008, at 6:00 p.m. in the Council
Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert,
Califomia, 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 conceming 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
June 19, 2008 Palm Desert Planning Commission
............
CITY Of PRLffl DESERT
•
• •
•
73-510 FRED WARING DRIVE
•
t. PALM DESERT, CALIFORNIA 92260-2578
TEL: 760 346-0611
FAX: 760 341-7098
info@palm-desert.org
June 12, 2008
ARCHITECTURAL REVIEW COMMISSION ACTION
CASE NO: CUP 08-228
APPLICANT (AND ADDRESS): OMNIPOINT COMMUNICATION INC., 3257 E.
Guasti Road, Ontario, CA 91761
NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of a new T-Mobile
telecommunications facility.
LOCATION: 76-501 Hovley Lane East
ZONE: PR-4
Upon reviewing the plans and presentations submitted by staff and by the
applicant, the Architectural Review Commission granted approval by minute
motion.
Date of Action: June 10, 2008
Vote: Motion carried 6-0-0-1, with Commissioner DeLuna 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.
C,Warta a unan run
INTEROFFICE MEMORANDUM
TO: Department of Community Development/Planning
Attention: Kevin Swartz
FROM: Phil Joy, Associate Transportation Planner
SUBJECT: CUP 8-228
DATE: June 10, 2007
The following shall be considered as conditions of approval for the above-referenced
project.
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 and no permits shall be issued prior to landscape plan approval.
Phil Joy
re......' CITY OF PALM DESERT
ir'rift be BUILDING & SAFETY DEPARTMENT
••. INTEROFFICE MEMORANDUM
To: Kevin Swartz, Assistant Planner
From: Sam Szymanski, Senior Plans Examiner
Date: June 18, 2008
Subject: CUP 08-228/Omnipoint Communications, Inc
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. Address numerals shall comply with Palm Desert Ordinance No. 1006 (Palm
Desert Municipal Code 15.04.110 through 15.04.160). You may request a copy
of Ordinance 1006 from the Department of Building and Safety counter staff.
5. Please contact Debbie Le Blanc, Land Management Specialist, at the
Department of Building and Safety (760-776-6420) regarding the addressing of
all buildings and/or suites.
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