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HomeMy WebLinkAboutA. Case No. CUP 09-236 Omnipoint Communications, Inc., Applicant (T-Mobile) CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: APPROVAL TO CONSTRUCT, OPERATE AND MAINTAIN A NEW 55' HIGH T-MOBILE MONO-PALM WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF SIX PANEL ANTENNAS, 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 47-900 PORTOLA AVENUE, APN: 630-250-045 SUBMITTED BY: Missy Grisa 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 09-236 DATE: December 15, 2009 CONTENTS: Draft Resolution Legal Notice Project Description Letter Architectural Review Commission Meeting Minutes and Notice of Action One Full Size Set Photo Simulation Package Balloon Height Benchmark Photos Recommendation Waive further reading and adopt Resolution No. approving CUP 09-236, subject to conditions. Commission Recommendation At its meetings of October 13, 2009 and November 10, 2009, the Architectural Review Commission (ARC) reviewed the project. The Commission granted approval by minute motion on October 13, 2009. Motion carried 6-0, with the following conditions: • the mono-palm shall be a date palm with a maximum height of 55'; and Staff Report Case No. CUP 09-236 December 15, 2009 Page 2 of 6 • the complementary live palms shall be date palms with varied heights of 45', 35' 30' — with only one at 30'; and • landscape plans shall be reviewed and receive preliminary approval by the Landscape Specialist prior to Planning Commission submittal After this approval, the applicant requested additional changes which were brought forth for review on November 10, 2009. The Commission granted approval by minute motion on November 10, 2009. Motion carried 6-0, with the following conditions: • add one additional 30' palm tree on the northwest corner; and • real palms should be Washingtonia hybrids and actual height should be measured in brown trunk foot (bth); and • the tower needs to match the appearance of the mono-palm at St. Margaret's and mono-palm should remain shown as a date palm; and • accurate layout of the palms needs to be presented to staff for approval; and • staff shall monitor the installation of the palms to ensure proper placement Executive Summary Approval of the proposed Conditional Use Permit would allow the installation and operation of a 55' tall mono-palm. The proposal will require the Planning Commission to grant an exception relative to separation distances between residential zoned lands and commercial communication towers as listed in Chapter 25.104 of the Palm Desert Municipal Code. The facility has been approved with conditions for its aesthetic and landscape impacts by the Architectural Review Commission (ARC) at its October 13, 2009 and November 10, 2009 meetings. Background A. Property Location: The property is located inside The Living Desert located on Portola Avenue, west of Indian Wells, immediately south of Haystack Road. The proposed mono-palm would be located behind an access gate to The Living Desert adjacent to Portola Avenue and immediately south of Haystack Road. B. Zoning and General Plan Designation: Zone: P, D Public Institution with a Drainage, Flood Plains, and Watercourse zoning overlay district General Plan: Public/Quasi-Public Facilities C. Adjacent Zoning and Land Use: North: O.S. Open Space/ Haystack Natural Area South: P, D Public Institution with a Drainage, Flood Plains, and Watercourse zoning overlay district/The Reserve G:\Planning\Missy Grisa\CUP\47-900 Portola Avenue\Planning Commission Staff Report.doc Staff Report Case No. CUP 09-236 December 15, 2009 Page 3 of 6 East: Indian Wells West: R-1 10,000, R-1, and P.R.-6, / Residential PROJECT DESCRIPTION The applicant proposes to install a 55' tall mono-palm in an area inside of The Living Desert. The area the applicant is leasing is located just east of Portola Avenue sized at 13' by 34' totaling 299 square feet. The proposed mono-palm will coincide with six new live palm trees; one of the live palms will be installed at a height of 45', one at 40', two at 35', and two at 30'. The mono-palm will have all antennas concealed inside of the palm trunk, but one microwave dish will be exposed on the exterior of the mono-palm orientated to the south. The antennas are stacked vertically, with the upper antennas mounted at 49' above ground level and the lower antennas mounted at 43' above ground level. There is existing mature landscape located on the property that will remain with the addition of the six live palm trees to be planted around the mono-palm to help disguise the height and facility. The equipment cabinets will be located inside of an eight foot concrete masonry wall enclosure that will be finished in stucco to match the adjacent buildings on-site. 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 Portola and just south of Vista Del Sol to the Living Desert's entrance for maintenance. The emergency generator will only be used during the times of a black-out, and will not be permanently located on site. Analysis Initially, a mono-palm of 65' in height was proposed. Staff was concerned with the height due to its proximity to residential areas and the ability to disguise the height of the mono-palm with the existing and proposed landscaping. Staff requested that the applicant's representative place balloon benchmarks at 55' and 65' to visualize the two heights on the site. Photos of these height benchmarks are included in the packet. Staff determined the 65' height was unacceptable and that an approval of that height would not be supported. The applicant agreed to lower the mono-palm to the 55' height as shown surrounded by six live palms ranging from 45' - 30' in height. With the proposed modification, staff believes this would be an acceptable visual aesthetic in the proposed neighborhood. The 55' height meets the standards in Municipal Code Chapter 25.104 Commercial Communication Tower and Commercial Antenna Regulations. The City of Indian Wells was given advance notice to view the balloons while they were in place at the heights of 55' and 65'. Planning Director Corrie Kates viewed the balloons and reported zero visual impact to Indian Wells. Staff has determined that the proposed mono-palm would be compatible with adjacent properties with the approval by the Planning Commission to grant an exception relative to the separation requirement of 300' between residential zoned lands and communication towers. Currently the mono-palm is roughly 268'-1" from the nearest residence, is visually consistent with adjacent landscaping, and would create no adverse visual impact on adjacent properties, including visual access of adjacent properties to sunlight. G:\Planning\Missy Grisa\CUP\47-900 Portola Avenue\Planning Commission Staff Report.doc Staff Report Case No. CUP 09-236 December 15, 2009 Page 4 of 6 With regard to landscape requirements, the City's Landscape Specialist has reviewed plans to meet all planting and irrigation design requirements during the review process. In order to assure the most preferred and efficient outcome, plans will be required to receive a final approval from the Landscape Specialist prior to obtaining building permits. In addition to a landscape plan, grading and pad elevations for the proposed improvements will be required to be reviewed and approved by the Department of Public Works. The following findings responding to Palm Desert Municipal Code Chapter 25.104 Commercial Communication Tower and Commercial Antennae Regulations explain the rationale for granting the exception: A. Findings of Approval: In accordance with section 25.104.040B.2 and 25.104.050C, any reduction in the 300' separation distance requirements between commercial communication towers and residentially zoned lands is prohibited unless an exception is granted. Pursuant to Section 25.104.050E 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 55' tall mono-palm is the result of efforts by the applicant to locate alternative sites that determined to be unsuccessful. Sector studies have demonstrated to the T-Mobile Corporation that in order to provide service to this portion of customers within the vicinity, the installation of six panels at the height of 55' is necessary. 2. That the unique land use characteristics or geographic features mitigate any negative aesthetic concerns. The surrounding area is a developed residential area. The site itself is landscaped with existing vegetation that will remain along with six new palm trees to be planted around the facility to disguise the height of the mono-palm. The location is along a private facility access road within The Living Desert. 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: G:\Planning\Missy Grisa\CUP\47-900 Portola Avenue\Planning Commission Staff Report.doc Staff Report Case No. CUP 09-236 December 15, 2009 Page 5 of 6 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 area had low to no service and the proposed facility was necessary to off-load congested sites. 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 technological and economic reasons are stated in the project description letter submitted for the Commission's review and attached for 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. 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 immediately adjacent the site, as seen in the submitted photo-simulation. The ARC approved this request based on the surrounding terrain of existing landscaping, the addition of the six live palm trees, and the proposed equipment has been designed to not interfere with circulation or visual continuity of the grounds. G:\Planning\Missy Grisa\CUP\47-900 Portola Avenue\Planning Commission Staff.Report.doc Staff Report Case No. CUP 09-236 December 15, 2009 Page 6 of 6 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. Environmental Review The project is a Class 3 Categorical Exemption for the purposes of CEQA and no further review is necessary. Conclusion Staff has determined that the proposed mono-palm would be compatible with adjacent properties, is visually consistent with the site, and would create no adverse visual impact on area as conditioned by the Architectural Review Committee. The proposed 55' 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 55' high mono-palm and a 299 square foot attendant equipment area would allow T-Mobile to expand its network of telecommunications facilities in a manner consistent with current market demand. Fiscal Analysis There is no fiscal impact to the City associated with the approval of this project. Submitted by: Department Head: Mi y Grisa Lauri Aylaian Assistant Planner Director of Community Development G:\Planning\Missy Grisa\CUP\47-900 Portola Avenue\Planning Commission Staff Report.doc PLANNING COMMISSION RESOLUTION NO. APPROVAL TO CONSTRUCT, OPERATE AND MAINTAIN A NEW 55' HIGH MONOPALM T-MOBILE WIRELESS TELECOMMUNICATIONS FACILITY CONSISTING OF SIX PANEL ANTENNAS, 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 47-900 PORTOLA AVENUE, APN: 630-250-045 CASE NO. CUP 09-236 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 15th day of December, 2009, 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 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 55' tall mono-palm is the result of efforts by the applicant to locate alternative sites that determined to be unsuccessful. Sector studies have demonstrated to the T-Mobile Corporation that in order to provide service to this portion of customers within the vicinity, the installation of six panels at the height of 55' is necessary. 2. That the unique land use characteristics or geographic features mitigate any negative aesthetic concerns. The surrounding area is a developed residential area. The site itself is landscaped with existing vegetation that will remain along with six new palm PLANNING COMMISSION RESOLUTION NO. trees to be planted around the facility to disguise the height of the mono-palm. The location is along a private facility access road within The Living Desert. 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 area had low to no service and the proposed facility was necessary to off-load congested sites. 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 technological and 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. 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 PLANNING COMMISSION RESOLUTION NO. 2. That approval of Conditional Use Permit 09-236 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 15th day of December, 2009, 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 09-236 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 Landscape 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. Grading and pad elevations for the proposed development are subject to review and approval in accordance with Section 27 of the Palm Desert Municipal Code. The plan shall be submitted concurrently with a landscape plan. 2. Any landscape plans shall be reviewed and approved concurrently with construction plans ad no permits shall be issued prior to Landscape plan approval. 3. Existing landscape that has been significantly damaged by construction or installation, above ground or below ground, will be required to be replace with like species and size. 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 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 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. 5 .... :.... CITY Of Plllfil DESERt ��{ ,� 73-510 FRED WARING DRIVE ri PALM DESERT,CALII.ORNIA 9ZZ60—b576 R�j/Rth,�. ,ti TEL:760 346-0611 FAX:760 341-7098 i-i 1=i info@palm-desert.org CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 09-236 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission to consider a request by OMNIPOINT COMMUNICATION INC., A SUBSIDIARY OF T-MOBILE USA, for approval of a conditional use permit to construct, operate, and maintain a 55' high monopalm wireless telecommunications facility consisting of six panel antennas, 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. The property is located at 47-900 Portola Avenue. HAYSTACK R0 .. I. 14 Ole s / ,, -4.; ' ab ., ; 7 ' f C g ti ,''+ tt ' ' rd ,, * ,,,,, *a +�' t 4t4 , .i" 1 . sP �- se-dt c i E flq° �4 • •I V— ' i F 4 - ..u, iv : p. e.Tv/nr^M""` ,T", -...-,,.e- A' .set W""x. Ist, • SIB. k K�. ;'4 r g . �, a 4F ,,£. ...w..... "0.RVr1' r maids, .' r, f 4 —,* 41thilk p 1 ti .,E, by 4 i, -' a*v d• #, SAID public hearing will be held on Tuesday, December 15, 2009 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 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 at, or prior to,the public hearing. PUBLISH: Desert Sun LAURI AYLAIAN, Secretary December 5, 2009 Palm Desert Planning Commission Monica Moretta Applicant Representative One Venture, Suite 200 Irvine, CA 92618 Authorized Agent for T-Mobile, USA T-Mobile Project Number: IE04752-G T-Mobile Project Name: Living Desert-Access Rd City of Palm Desert Application for a Conditional Use Permit Application Project Information and Justification Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc. ("T-Mobile") is requesting approval of a Conditional Use Application and Architectural Review for the construction and operation of an unmanned wireless telecommunications facility (cell site), and presents the following project information for your consideration. Project Location Address: 47-900 Portola Ave APN: 630-250-045 Zoning: Public Institution-Drainage Flood Plains Watercourse (P-D) Project Representative Name : Monica Moretta Address: One Venture, Suite 200- Irvine, CA 92618 Contact Information: Cell Phone: (949)241-0175 Fax : (949) 753-7203 E-mail: monica.moretta@sequoia-ds.com T-Mobile Contact Linda Paul, Real Estate and Zoning Manager 3257 E. Guasti Rd. #200 Ontario, CA 91761 909-975-3698 Project Description Omnipoint Communications, Inc., a subsidiary of T-Mobile USA, Inc. ("T-Mobile") is proposing a 65-ft antenna support structure disguised as a palm tree (Monopalm) with a three (3) sector antenna array consisting of one (1) panel antennas each, for a total of six (6) antennas; six (6) radio equipment cabinets installed within a 22' x 26' CMU wall enclosure; and supporting cables and utilities, i.e. Telco pedestals and electrical panels. The tree foliage designed to mimic palm fronds will help to disguise the facility along the existing palm trees found in the property. The antennas are enclosed inside of the palm tree trunk. Access will be via an existing 12-ft. wide gravel road. One unassigned parking space will be provided, but no existing parking will be impacted or deleted. Project Objectives There are several reasons that a wireless carrier has the need to install a cell site at a specific location: Coverage—No service, or insufficient service, currently existing in the vicinity Capacity — Service exists, but is currently overloaded or approaching overload, preventing successful call completion during times of high usage. Quality— Service exists, but signal strength is inadequate or inconsistent. E911 — Effective site geometry within the overall network is needed to achieve accurate location information for mobile users through triangulation with active cell sites. (Half of all 911 calls are made using mobile phones.) Enhanced Voice and Data services — Current service does not provide adequate radio-support for advanced services. This location was selected because T-Mobile's radio-frequency engineers (RF) have identified a significant gap in radio-signal in the vicinity of the intersection of Portola Road and Haystack Road, and further north along Portola Road and Marrakesh Road. Further, an existing T-Mobile facility, located approximately two-miles to the southwest and to northeast, is approaching capacity due to heavy call volume from residential uses and regular traffic call from major arterial roads. This new facility will off-load that congested sites and improve call efficiency in that area. Alternative Site Analysis T-Mobile representatives assess the target area for properties with suitable conditions for the proposed facility within the target area. Therefore, the following locations were evaluated as possible locations for the facility: • Marrakesh Country Club located at 47-001 Portola Drive - Upon investigating the use of the roof of the existing building, it was determined that it would not be structurally capable of supporting the installation. • Marrakesh Maintenance Yard located south of the club house - was rejected after the property owners decided not to proceed with the project. • The Living desert Hospital Maintenance Yard located in the City of Indian Wells - a ground build facility will not be allowed under current city codes in the existing zone. Automatically eliminated from consideration were any locations where unfavorable zoning exists, there is no suitable space available, development standards cannot be met, or are owned by parties that are uninterested in entering into a lease agreement with T-Mobile. Findings/Burden of Proof The site for the proposed use is adequate in size and shape. The installation will only require the use of 583 sq. ft., and there is adequate space for the installation to accommodate the equipment required for the facility and meet all development standards of the zoning district. The facility is located in an area that will not interfere with point of ingress and egress to the property and designed to blend with the existing environment. The proposed location has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use. The proposed project will be unoccupied, only requires a single maintenance visit per month and utilize existing roads for access. The proposed us will not have an adverse effect upon adjacent or abutting properties. i l Wireless facilities are passive in nature and have been located in permitted zoning districts without impacting adjacent or abutting properties. The facility is located as far complies with separation requirements mandated by Section 25.140.10 of the City of Palm Desert wireless code. The proposed use is deemed essential and desirable to the public convenience or welfare. The propose facility is dammed essential and desirable to the public convenience and welfare. T-Mobile Company Information T-Mobile is licensed by the Federal Communications Commission (FCC) to operate in the 1950.2-1964.8, 1965.2-1969.8 MHz and 1870.2-1884.8-1889.8 MHz frequencies, and is a state-regulated Public Utility subject to the California Public Utilities Commission (CPUC). T-Mobile is one of the fastest growing nationwide service providers offer all digital voice, messaging and high-speed data services to nearly 30 million customers in the United States. T-Mobile will operate this facility in full compliance with the regulations and licensing requirements of the FCC, Federal Aviation Administration (FAA) and the CPUC, as governed by the Telecommunications Act of 1996, and other applicable laws. The enclosed application is presented for your consideration, and T-Mobile request a favorable determination and approval of a Conditional Use Permit and Architectural Design Review application to build the proposed facility. Please contact me at(949) 241-0175 for any questions or requests for additional information. Respectfully submitted, onica Moretta Authorized Agent for T-Mobile ARCHITECTURAL REVIEW COMMISSION MINUTES October 13, 2009 2. CASE NO: CUP 09-236 APPLICANT (AND ADDRESS): OMNIPOINT COMMUNICATION INC (T-Mobile USA), 3257 E. Guasti Road, Ste 200, Ontario, CA 91761 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval to construct a 55' high monopaim wireless telecommunication facility. LOCATION: 47-900 Portola Avenue ZONE: PD Ms. Grisa presented the project and summarized the staff report. Initially, a proposed monopalm of 65' was submitted. Staff was concerned with the height due to its proximity to residential areas and the ability of the height of the monopalm to blend in with the existing natural environment. Staff requested that the applicant representative place balloon benchmarks at 55' and 65' to visualize the two heights on the site. Photos of these height benchmarks were included in the packet. Staff determined the 65' height was unacceptable and would not support an approval of that height. The applicant agreed to lower the monopalm to the 55' height surrounded by five live palms at 25' and 30' in height. With the proposed modification, staff believes this will be an acceptable visual aesthetic in the proposed neighborhood. The 55' height meets the standards in Municipal Code Chapter 25.104 Commercial Communication Tower and Commercial Antenna Regulations. The City of Indian Wells was given advance notice to view the balloons while they were in place at the heights of 55' and 65'. The Planning Director viewed the balloons and reported zero visual impact to the City of Indian Wells. Staff has determined that the proposed monopalm would be compatible with adjacent properties with the approval by the Planning Commission to waive the separation requirement of 300'. Currently the monopalm is roughly 268'-1" from the nearest residence, is visually consistent with adjacent landscaping, and would create no adverse visual impact on adjacent properties; including visual access of adjacent properties to sunlight. With regard to landscape requirements, the City's Landscape Specialist has not given preliminarily approval of the landscape plant materials, but recommends that the plans meet all planting and irrigation design requirements prior to obtaining construction permits. In order to assure the most preferred and efficient outcome G:\Planning\Janine Judy\Word Files\A Minutes\2009\AR091013min.docx Page 3 of 15 ARCHITECTURAL REVIEW COMMISSION MINUTES October 13, 2009 plans should receive preliminary approval from the City's Landscape Specialist prior to the Planning Commission hearing. In addition to a landscape plan, grading and pad elevations for the proposed improvements will be required to be reviewed and approved by the Department of Public Works. Ms. Monica Morreta, representative said the reason they had originally submitted the height of 65' was because the design has the antennas stacked and the typical design is with the antennas exposed. They are stacking because the code requires that the only way you can request a reduction in the setback is to hide the antennas completely and the planning commission will make that determination. She also pointed out that by reducing the height by 10' it also lowers the height of the antennas, however the radio frequency engineers determined that 55' will work. Commissioner Lambell asked if the antennas would be completely hidden. Ms. Morreta stated that was correct and explained that they would be located inside the trunk of the palm tree; the only thing you will see is the micro-wave dish. The Commission discussed the height of the monopalm and the height and species of the live palms. It was suggested that they plant date palms, which are slow growing. Ms. Grisa stated that she had previously explained to the representative that higher palm trees would blend in better, but the representative informed her that it would interfere with the frequency transmission. Ms. Morreta explained that once you have antennas stacked, the line of sight cannot be obstructed in any way. That is the reason they requested live palm trees below the antennas so there is no interference and by increasing the height of the live palm trees to 45', 40', 35' it will interfere. The Commission stated that was the first time they had heard that information. Commissioner Lambell asked what the maximum height of the live palms that were being planted and Ms. Morreta said that it would be 30'. Commissioner Lambell stated that the 30' palm tree would be 25' below the monopalm and said it would look odd. The Commission discussed the height of the monopalm and the live palms and suggested relocating one of the trees to the backside near the mountain to create a stepping of tree heights. Commissioner Touschner stated that in the city there are other taller groupings but none that have a 10' difference between the live trees and the base of the antennas. Ms. Morreta stated that other carriers have different frequencies that shoot through landscaping better and others that have higher frequency; T-Mobile G:\Planning\Janine Judy\Word Files\A Minutes\2009\AR091013min.docx Page 4 of 15 ARCHITECTURAL REVIEW COMMISSION MINUTES October 13, 2009 cannot do that. The engineering department has a lot of strict restrictions to not allow any landscaping to interfere with antennas because it is no longer transmitting the signal to the donor side. They would have to cut the trees to make sure that the facility is functioning correctly. Commissioner Gregory stated that when they have these criteria it is probably based upon palms that grow more rapidly. He said that if they use a date palm which is a slower growing palm and planted it taller the City could get the look they desire. The Commission is • trying to detract from one lone palm tree sticking out in the center of a grove of trees. He suggested having a taller palm on the backside near the mountain to help create a look of hierarchy. Ms. Morreta stated that in that area they could probably do one palm at 40' between the two sectors, but she would have to check with the radio frequency engineer. Commissioner Lambell stated that there is a residential area close to it so it would need to be mitigated as much as possible. Commissioner Van Vliet agreed and stated that this is a highly visual area near the Living Desert Reserve which is one of the biggest attractions in town and it has to look good. Ms. Morreta stated that one of the obstacles with this project was to find a location at the Living Desert where they were comfortable placing the facility. The Commission and the applicant discussed the heights of the palm trees and Ms. Morreta asked if the Commission would consider having a 40' palm on one side and palms ranging from 30' and 25' on the other side. Commissioner Gregory said that the Commission would want to see more reasonable spacing, which would be taller than 40'. He suggested 45' and 35' for instance, where there are 10' increments with a slow growing palm. The Commission and the applicant discussed having a grove of trees ranging from 45' to 35' to 30' so there are different heights. Ms. Morreta said she would check with the engineer. Commissioner Lambell suggested that Ms. Morreta take a look at the grove on Highway 74 and Haystack at St. Margaret's Church. She thought there was three monopalms with several live palms and stated that they have done a good job with that grove. Commissioner Vuksic made a motion to approve the project with the condition that the complimentary palms are date palms in varied heights ranging from 45' to 35' to 30' to create a good composition of trees and the maximum height of the monopalm will be 55'. Commissioner Levin made the second. Commissioner Gregory asked if there were any further comments. Commissioner G:\Planning\Janine Judy\Word Files\A Minutes\2009\AR091013min.docx Page 5 of 15 ARCHITECTURAL REVIEW COMMISSION MINUTES October 13, 2009 Touschner felt that the Commission should limit the number of palms at 30'. Commissioner Lambell agreed and stated that there should be only one at 30'. Commissioner Vuksic added to his motion that there be a variety of heights with final approval by the Landscape Specialist. Commissioner Gregory asked if there were any further comments. Ms. Diane Hollinger, Landscape Specialist pointed out that the applicant stated earlier that they would do everything they can to make sure that the antennas are clear and she asked Ms. Morreta what will they do when the palms reach a height where they start to interfere. Ms. Morreta said they would have to perform some maintenance to cut the fronds as much as they can. Ms. Hollinger suggested they replace the palm tree at that point because all the palm trees at the Living Desert have their skirts on and the City does not allow that type of pruning. Ms. Morreta wanted to make it clear that all the trees would be date palms. Commissioner • Gregory wanted to make it clear that the monopalm be a date palm so that it doesn't get changed and mentioned that the date palm species should be Phoenix dactylifera. Commissioner Gregory asked Commissioner Vuksic if he was comfortable with all the addenda to the motion and Commissioner Vuksic stated that he was and the motion carried 6-0. ACTION: It was moved by Commissioner Vuksic and seconded by Commissioner Levin, to grant approval subject to: 1) the monopalm being a date palm with a maximum height of 55'; 2) the complimentary palms to be date palms with varied heights of 45', 35' 30' — with only one at 30'; 3) landscape plans to be reviewed and receive preliminary approval by the Landscape Specialist prior to Planning Commission submittal. Motion carried 6-0. 3. CASE NO: MISC 09-404 APPLICANT (AND ADDRESS): ABDOUL SALEHI, 10 Audalucia, Irvine, CA 92614 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of a façade remodel; Best Buy. LOCATION: 72-369 Highway 111 • ZONE: P.C. 3 (SP) G:\Planning\JanineJudy\Word FilesW Minutes\2009WR091013min.docx Page 6 of 15 October 14, 2009 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: CUP 09-236 APPLICANT (AND ADDRESS): OMNIPOINT COMMUNICATION INC (T-Mobile USA), 3257 E. Guasti Road, Ste 200, Ontario, CA 91761 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval to construct a 55' high monopalm wireless telecommunication facility. LOCATION: 47-900 Portola Avenue ZONE: PD Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted approval subject to: 1) the monopalm being a date palm with a maximum height of 55'; 2) the complimentary palms to be date palms with varied heights of 45', 35' 30' — with only one at 30'; 4) landscape plans to be reviewed and receive preliminary approval by the Landscape Specialist prior to Planning Commission submittal. . Date of Action: October 13, 2009 Vote: Motion carried 6-0 (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 November 10, 2009 make the changes to the parapet and put roof drains on each of the corners to make it more uniform all the way around. The Commission reviewed and discussed the enclosure screen around the parapet and suggested that it be removed because it wasn't aligning with anything. Commissioner Vuksic was looking at the right side elevation and all three forms and said that the architect may want to integrate that form into the roof line. Commissioner Vuksic asked how the ducting would get from one side of the house to another. Mr. Mendoza said that there are drop offs in the soffits inside the building. Commissioner Touschner asked the architect to consider other options, for instance having the HVAC more centrally located. Commissioner Vuksic explained to Mr. Mendoza that the ducts cannot go on the roof and Mr. Mendoza stated that everything would be concealed. ACTION: It was moved by Commissioner Vuksic and seconded by Commissioner Van Vliet, to grant approval subject to: 1) parapet detail be carried around to all four sides with internal roof drains to enclose the form; 2) plaster fascia; 3) integrate mechanical equipment into the tallest mass of the house and be finished with plaster rather than metal; 4) access door for roof finished the same with plaster and flush with the plaster; and 5) staff to approve construction drawings. Motion carried 6-0. 3. CASE NO: CUP 09-236 APPLICANT (AND ADDRESS): OMNIPOINT COMMUNICATIONS, INC., A Subsidiary of T-Mobile USA, Inc., 3257 E. Guasti Road Suite 200, Ontario, CA 91761 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of a new 55' high monopalm T-Mobile telecommunications facility consisting of six panel antennas, 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. LOCATION: 47-900 Portola Avenue ZONE: P.D. G:\Planning\Janine Judy Nord Files\A Minutes\2009\AR091110min.doc Page 5 of 14 ARCHITECTURAL REVIEW COMMISSION 4 MINUTES November 10, 2009 Ms. Grisa presented the project and summarized the staff report. She stated that this application was presented at the last ARC meeting for a 55' tall monopalm in an area inside of The Living Desert. The area the applicant is leasing is located just east of Portola Avenue sized at 13' by 34' totaling 442 square feet surrounded by a block wall covered in stucco to match the adjacent buildings. The applicant is proposing the new monopalm to coincide with five new live palm trees at the heights and quantities of one at 30', two at 35', one at 40', and one at 45'. The 45' tree and one 35' tree would be immediately adjacent the proposed mono-palm with the other trees located across the dirt road adjacent to the proposed facility. This project was approved with conditions at the last Architectural Review Commission (ARC) meeting and is now returning for review due to the fact that the tree arrangement did not meet the applicant's objectives regarding cellular signal. Staff's main concern with the height of this mono-palm is the ability to disguise the structure due to its proximity to residential areas and the ability to blend the mono-palm in with the existing natural environment. The new layout proposed illustrates two trees near the mono-palm and three trees on the other side of the dirt road adjacent the facility. This layout disguises the mono-palm as one would view it from the west, but staff still has concerns regarding the views and ability to disguise the mono-palm driving north or south on Portola with such a large spacing between the proposed live trees. Staff has noted several discrepancies in the noted heights of these live mono-palms between the working drawings, landscape plans, and photo simulations. These would all need to coincide correctly before moving on to Planning Commission. Staff has confirmed the heights of these trees with the owner's representative; the five live palms are at the heights of 45', 35', 40', 35', and 30'. The last concern with this new set, along with the previous drawn elevations of the mono-palm, is how the palm frond head relates to the trunk of the tree. The mono-palm frond head appears to be dropped below the top of the tree trunk. Staff is concerned with how the antennae height that needs to be achieved will relate to the palm frond head as it appears on the drawings. The owner's representative confirmed that this detail will need to be modified, but in turn it appears as though the antennae would need to be moved further down or the palm frond may go beyond the approved 55' height. G:\Planning\Janine Judy Word Files'A Minutes\2009\AR091110min.doc Page 6 of 14 ARCHITECTURAL REVIEW COMMISSION MINUTES November 10, 2009 Staff has determined that the proposed monopalm would be compatible with adjacent properties with the approval by the Planning Commission to waive the separation requirement of 300'. Currently the monopalm is roughly 268'-1" from the nearest residence. The 55' height meets the standards in Municipal Code Chapter 25.104 Commercial Communication Tower and Commercial Antenna Regulations. With regard to landscape requirements, the City's Landscape Specialist has not given preliminarily approval of the landscape plant materials, but recommends that the plans meet all planting and irrigation design requirements prior to obtaining construction permits. In order to assure the most preferred and efficient outcome plans should receive preliminary approval from the City's Landscape Specialist prior to the Planning Commission hearing. In addition to a landscape plan, grading and pad elevations for the proposed improvements will be required to be reviewed and approved by the Department of Public Works. The Commission reviewed the plans and discussed the height and the separation of the palms. Ms. Grisa presented photos of another monopalm grove and stated that the trees are all directly in line with the palm fronds and antennae, which don't seem to be a problem. T-Mobile thinks that these trees located immediately adjacent to their monopalm is going to obstruct the signal and decrease coverage area. Commissioner Touschner stated that she drove by St. Margaret's and said that it is successful because there is such a medley and they are all over the place, but the two monopoles are clearly higher than everything else but because there is so much variation there that it just blends in and you don't notice it. She felt that using that approach, having something around even if it's short is better than not having anything. Commissioner Vuksic stated that having one in the northwest corner would give the transition back from the high tower, back down towards the ground; whether you are going north or south. Commissioner Lambell felt that two of the palms looked very much disconnected from the monopalm and thought there must be a way for those two not to be so far away. Commissioner Gregory suggested that one more 30' palm be added to the northwest corner because there is a concern with the disconnect and at the G:\Planning\Janine Judy\Word Files\A Minutes'2009\ARO91110min.doc Page 7 of 14 ARCHITECTURAL REVIEW COMMISSION MINUTES November 10, 2009 time they are planted we can have the City's Landscape Specialists observe the work and adjust a little bit. Ms. Grisa had a concern with how something was drawn a couple of times. She explained that the trunk of the tree goes up to the top of the monopalm and the fronds have been dropped below it so it has a odd because they are trying to get the top antennae as high as they can and I'm afraid either they are going to have to lower the antennas to make that look correct or they are going to actually have it built this way. Ms. Monica Morreta, representative stated their engineers confirmed that they can place another tree at the height of 30' closer to the site. In regards to the elevation views, they will be changed and the actual height of the pole, will be lower to 45' with a separation of 5' between the pole and the fronds. Commissioner Gregory asked if the separation of the poles being taller and Ms. Morrato explained it is the highest point of the pole and the fronds of the tree. Commissioner Lambell asked if the correct height of the pole is 43' and Ms. Morreto said that it would be 45' between the pole and the fronds and the antennas will be at 43' because the antennas are inside the pole. The trunk of the palm will end at 45' and the fronds will be 10' above the tallest point of the pole; which is 55'. Her engineer stated that he wanted to have at least a 5' separation so the antennas would be placed at the highest point which will be 50'. The overall height of the monopalm is 55' and the overall height of the pole is 50'; which is an overall separation of 5'. Commissioner Vuksic asked if there were other monopalms in the City like the one being proposed and Ms. Morreto stated that the sample they are using is the monopalm grove located at St. Margaret's that was suggested at the last meeting. Mr. Spencer Knight, Landscape Manager stated that one of the keys at St. Margaret's is that they didn't use all date palms. The only date palm there is the cell tower and the rest are fan palms. The mass of the fan palms pull your eyes away from the cell tower because it creates a heavy mass below it. One of the difficulties with other cell tower installations that use date palm leaves is when they use other date palms, it just doesn't carry the same aesthetic value that St. Margaret's does. That is probably the best installation the City has ever done and the difference is that all the other live palms are fan palms. Commissioner Gregory said if the lower live palms were date palms he didn't think it would make any difference G:\Planning\JanineJudy\WordFiles\AMinutes\2009WR091110min.doc Page 8 of 14 ARCHITECTURAL REVIEW COMMISSION MINUTES November 10, 2009 because they would still get all the massing. Everything they had tried before is to have similar types of palms clumped together, whatever the faux palm is would be the same species and thought that if the smaller live palms where date palms it might look even better. Mr. Knight stated that the other places where they have used date palms for live trees the installations do not come off very well. Commissioner Gregory had a concern as to where the trees are purchased from because there are too many opportunities to put in a poor quality ones out of date groves and Mr. Knight said that if they put in fan palms in, which is more consistent with the Living Desert we have a better chance of getting a better quality palm and create a mix palm species. Commissioner Gregory said to Mr. Knight that if he felt that the Washingtonian provides a better plant in a situation like this then it is fine, provided they are all the same. Mr. Knight stated that he didn't want to set precedent and wanted the Commission to select whatever they want. Commissioner Gregory stated that what was important was that it distracts people's attention and he didn't have a problem going with hybrids. ACTION: It was moved by Commissioner Gregory and seconded by Commissioner Vuksic, to grant approval subject to: 1) add one additional 30' palm tree on the NW corner; 2) real palms should be Washingtonian hybrids and actual height should be brown trunk foot; 3) tower needs to match the appearance of the monopalm at St. Margaret's and monopalm should remain shown as a date palm; 4) accurate layout of the palms need to be presented to staff for approval; and 5) staff to monitor the installation of the palms to ensure proper placement. Motion carried 6-0. 4. CASE NO: SA 09-400 APPLICANT (AND ADDRESS): VINEYARDS DEVELOPMENT, 9777 Wilshire Blvd Suite 918, Beverly Hills, CA 90212 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval to construct four entry monument signs; Vineyards. LOCATION: 37-600 College Avenue ZONE: PR-5 G:\Planning\Janine Judy\Word Files A Minutes\2009\AR091110min.doc Page 9 of 14 November 24, 2009 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: CUP 09-236 APPLICANT (AND ADDRESS): OMNIPOINT COMMUNICATIONS, INC., A Subsidiary of T-Mobile USA, Inc., 3257 E. Guasti Road Suite 200, Ontario, CA 91761 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval of a new 55' high monopaim T-Mobile telecommunications facility consisting of six panel antennas, 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. LOCATION: 47-900 Portola Avenue ZONE: P.D. Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted approval subject to: 1) add one additional 30' palm tree on the NW corner; 2) real palms should be Washingtonian hybrids and actual height should be brown trunk foot; 3) tower needs to match the appearance of the monopalm at St. Margaret's and monopaim should remain shown as a date palm; 4) accurate layout of the palms need to be presented to staff for approval; and 5) staff to monitor the installation of the palms to ensure proper placement. Date of Action: November 10, 2009 Vote: Motion carried 6-0 (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.) 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