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HomeMy WebLinkAboutB. Case No. CUP 10-169 - VERIZON WIRELESS, Applicant CITY OF PALM DESERT DEPARTMENT OF COMMUNITY DEVELOPMENT PLANNING COMMISSION STAFF REPORT REQUEST: APPROVAL OF A CONDITIONAL USE PERMIT TO REMOVE AN EXISTING 65-FOOT VERIZON WIRELESS MONOPALM LOCATED AT ST. MARGRET'S CHURCH AND REPLACE IT WITH A 75-FOOT MONO-PALM, AND A NEW BLOCK WALL ENCLOSURE FOR A PROPOSED BACK-UP GENERATOR LOCATED AT 47-535 HIGHWAY 74. SUBMITTED BY: Kevin Swartz Assistant Planner APPLICANT: Verizon Wireless 15505 Sand Canyon Irvine, CA 92618 DATE: August 3, 2010 CASE NO: CUP 10-169 CONTENTS: Planning Commission Resolution No. Legal Notice ARC Notice of Action dated July 15, 2010 Justification Letter Coverage Map Photo-Sims Site plan Landscape Plan Elevations Recommendation That the Planning Commission adopt the findings and Resolution No. , approving Conditional Use Permit 10-169 to remove an existing 65-foot Verizon Wireless mono-palm and replace it with a 75-foot mono-palm, and a block wall enclosure for a back-up generator, subject to the attached conditions of approval. Verizon Wireless CUP 10-169 August 3, 2010 Page 2 of 6 Architecture Review Commission At its meeting of July 13, 2010 the Architectural Review Commission (ARC) reviewed and discussed the proposed mono-palm at 75 feet high. The Commission believed that the new mono-palm would not negatively impact the surrounding area because of its location adjacent to numerous live palm trees. The ARC recommended approval, subject to the applicant submitting landscaping plans that would be reviewed and approved by staff, and no collocation of a future wireless carrier would be allowed on the tower. The motion carried 4-0-2-1, with Commissioners Lambell and Levin abstaining and Commissioner Van Vliet absent. Executive Summary Approval of the proposed Conditional Use Permit would allow the applicant to remove an existing 65-foot Verizon Wireless mono-palm and replace it with a 75-foot mono- palm, and a block wall enclosure for a back-up generator. The applicant has provided a letter stating the intent is to enhance the general viability and effectiveness of the site by improving the coverage for system subscribers in the vicinity. Current radio frequency engineering feedback has shown that the site will function better if the concealed antennae are increased to 65 feet rather than the existing 50 feet in height. Chapter 25.104 requires all mono-palms to be approved by the Planning Commission. The maximum height allowed is 75 feet to the top of the artificial palm fronds. The existing mono-palm was previously approved under CUP 01-08 because it blended in with the exiting live palm trees. . Although taller and more noticeable, staff believes that the increase and height will not negatively impact the surrounding area because the live palm trees mitigate the new mono-palm. The live palm trees will continue to grow without negatively impacting the service of the mono-palm. On July 13, 2010 the ARC recommended approval of the mono-palm as proposed. Background A. Property Description The project site is located at St. Margaret's Episcopal Church on the west side of Highway 74, at Haystack Road. The property is zoned P, Public Institution. On August 21, 2001 the Planning Commission approved CUP 01-08 allowing the construction of a 65-foot tall mono-palm by Verizon Wireless at this location. The mono-palm was approved with the antennae at 50 feet high and the top of the artificial palm fronds at 65 feet high. Currently there are nine live Washingtonia Robusta and Filifera palm trees located around the existing 65-foot mono-palm. The live palm trees range in heights of 25 to 50 feet. A nine-foot high slump stone block wall was constructed G:\Planning\Kevin Swartz\Word\CUP'S\CUP 10-169 Verizon extension\pc staff report Final.doc Verizon Wireless CUP 10-169 August 3, 2010 Page 3 of 6 around the existing mechanical equipment. There is a seven-foot wide planter located front of the block wall. B. General Plan Designation and Zoning The property is currently designated Public Quasi/Public Facilities (PF) in the General Plan and is zoned Public Institution (P). C. Adjacent Zoning and Land Use North: Residential Single Family (R-1) / Palm Desert Community Presbyterian Church South: Residential Single Family (R-1) / St. Margaret's Episcopal Church East: Residential Single Family (R-1 10,000) / Single Family Home West: Hillside Planned Residential (HPR) / Vacant D. Ordinance Requirements (Sec. 25.104) Zoning Ordinance development and performance standards include the following: 1. Height: Maximum height of the tower shall not exceed 75 feet to the top of the artificial vegetation, 65 feet to the top of the antennae. 2. Fencing: Any fencing and or wall shall be installed to screen the equipment shelter. 3. Landscaping: Minimum perimeter landscaping screening to minimize visual impacts to nearby viewers to the satisfaction of the Architectural Review Commission. E. Telecommunications Act The Telecommunications Act requires local governments to approve wireless facilities where significant gaps in coverage prevent adequate service. Cities are not obligated to provide parallel coverage for every wireless provider. When a significant gap in coverage exists, wireless providers must use the least intrusive means to provide the service. Adequate service is a function of two factors: 1. Signal coverage for a particular location; and G:\Planning\Kevin Swartz\Word\CUPs\CUP 10-169 Verizon extension\pc staff report Final.doc Verizon Wireless CUP 10-169 August 3, 2010 Page 4 of 6 2. Capacity of the antennae to handle the volume of calls. Signal Coverage: Antennae must be disbursed throughout an area so that there are no gaps or dead spots in coverage. Capacity: A single antenna can handle a fixed number of simultaneous calls. When that number is exceeded there is a busy signal or calls are dropped. The total number of antennae for a particular area must therefore be matched to the call demand. Project Description Verizon Wireless is requesting approval of a Conditional Use Permit to replace an existing 65-foot high wireless mono-palm with a new 75-foot tall mono-palm. The design and diameter of the new mono-palm will be the same as the existing one. The height increase of 10 feet will allow the applicant to raise the antennae to the maximum height of 65 feet. The antennae will be concealed within the artificial bulb of the mono-palm. The application includes a new emergency back-up generator that will be located in front of the existing nine-foot tall block wall in front of the mono-palm. In order to accommodate the generator, the existing block wall and 7-foot planter need to be altered. The new block wall enclosure is 10'8" x 16'8" consisting of slump block to match the existing wall. Some of the existing landscaping within the seven-foot planter will be removed and replaced with different shrubs. A live palm tree will also be relocated from the south side to the north side of the planter. The landscape plans have been preliminary approved by the Landscape Specialist. Analysis All new mono-palms are requires the Planning Commission approval of a Conditional Use Permit. The proposed mono-palm complies with all the development standards of Section 25.104. In addition, staff believes that the additional height increase will not have a negative effect on the surrounding area. Staff is concerned that the increase in height may allow a future carrier the ability to collocate on the tower with exposed antennae, which would not blend in with the exiting live palm trees. Staff has added a condition of approval stating that collocation on this mono-palm is prohibited. The following findings responding to the Telecommunications Act and the Palm Desert Municipal Code Chapter 25.104 Commercial Communication Tower Regulations explain the rationale for granting approval: A. Findings for Approval: Pursuant to the Telecommunications Act, wireless facility applications are evaluated based on two fundamental questions. G:\Planning\Kevin Swartz\Word\CUP'S\CUP 10-169 Verizon extension\pc staff report Final.doc Verizon Wireless CUP 10-169 August 3, 2010 Page 5 of 6 1. Is there a significant gap in coverage? 2. Is the proposed location and design the least intrusive available solution? Is there a Significant Gap in Coverage? The existing Verizon Wireless mono-palm is the only Verizon mono-palm located on the south end of Palm Desert (see coverage map). The coverage map illustrates that there is a significant gap in coverage in south Palm Desert. There is a compelling technological need to locate at the height at this location proposed, because of the inability to provide sufficient coverage. Sector studies have demonstrated to the Verizon Corporation that in order to provide service and to keep up with today's technology demands to commercial and residential customers within the vicinity, the installation of a 75-foot tower is necessary. Is this Design and Location the Least Intrusive Available Solution? The mono-palm was previously approved at this location. The site itself is developed and landscaped with nine palm trees from 25 to 50 feet in height. The mono-palm design, the existing trees, and the planting of new shrubs around the block wall enclosure will adequately camouflage the mono-palm and proposed back-up generator to mitigate any negative aesthetic concerns. The ARC recommended of the taller mono-palm as proposed. 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 antennae 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 for the service need in the proposed area. A propagation study was undertaken to analyze the optimum placement for the cellular antennae. The report concluded that the number and location was optional at the other cell towers in the vicinity. G:\Planning\Kevin Swartz\Word\CUP's\CUP 10-169 Verizon extension\pc staff report Final doc Verizon Wireless CUP 10-169 August 3, 2010 Page 6 of 6 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 antennae height are the result of a computer analysis of service coverage requirements for Southern California and the United States. Topography (both natural and manmade) and vegetation and mountain 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 and technology improving in the area is inadequate for existing customers. The proposed height increase 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. Environmental Review The project is a Class 3, Categorical Exemption for the purposes of CEQA and no further review is necessary. Submitted By: Department Head: )4' Kevin Swartz auri Aylaian Assistant Planner Director of Community Development G:\Planning\Kevin Swartz\Word\CUP's\CUP 10-169 Verizon extension\pc staff report Final.doc PLANNING COMMISSION RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO REMOVE AN EXISTING 65-FOOT VERIZON WIRELESS MONOPALM LOCATED AT ST. MARGRET'S CHURCH AND REPLACE IT WITH A 75-FOOT MONO-PALM, AND A NEW BLOCK WALL ENCLOSURE FOR A PROPOSED BACK-UP GENERATOR LOCATED AT 47-535 HIGHWAY 74. CASE NO. CUP 10-169 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 3rd day of August, 2010, hold a duly noticed public hearing to consider the request by Verizon 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: Findings for Approval: Pursuant to the Telecommunications Act, wireless facility applications are evaluated based on two fundamental questions. 1. Is there a significant gap in coverage? 2. Is the proposed location and design the least intrusive available solution? Is there a Significant Gap in Coverage? The existing Verizon Wireless mono-palm is the only Verizon mono-palm located on the south end of Palm Desert (see coverage map). The coverage map illustrates that there is a significant gap in coverage in south Palm Desert. There is a compelling technological need to locate at the height at this location proposed, because of the inability to provide sufficient coverage. Sector studies have demonstrated to the Verizon Corporation that in order to provide service and to keep up with today's technology demands to commercial and residential customers within the vicinity, the installation of a 75-foot tower is necessary. PLANNING COMMISSION RESOLUTION NO. Is this Design and Location the Least Intrusive Available Solution? The mono-palm was previously approved at this location. The site itself is developed and landscaped with nine palm trees from 25 to 50 feet in height. The mono-palm design, the existing trees, and the planting of new shrubs around the block wall enclosure will adequately camouflage the mono-palm and proposed back-up generator to mitigate any negative aesthetic concerns. The ARC recommended of the taller mono-palm as proposed. 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 antennae 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 for the service need in the proposed area. A propagation study was undertaken to analyze the optimum placement for the cellular antennae. 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 antennae height are the result of a computer analysis of service coverage requirements for Southern California and the United States. Topography (both natural and manmade) and vegetation and mountain 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 and technology improving in the area is inadequate for existing customers. The proposed height increase 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 10-169 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 3rd day of August, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CONNOR M. LIMONT, Chairperson ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 3 PLANNING COMMISSION RESOLUTION NO. CONDITIONS OF APPROVAL CASE NO. CUP 10-169 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. No collocation of a future wireless carrier would be allowed on mono-palm. 6. Landscape plans must be approved by the City's Landscape Specialist and must meet all planting and irrigation design requirements prior to obtaining construction permits. 4 1 1► ,, 73-5io 11 V✓ARLy1, 1)iin i PALM DE',I 81,C.v-u<IRNI;A 92260-2578 t I r�i 0ti�y FAA;760 341-7008 inlor•r palm-dcun.tug CITY OF PALM DESERT LEGAL NOTICE CASE NO. CUP 10-169 NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert Planning Commission for approval of a Conditional Use Permit to increase the height of an existing mono-palm located at St. Margaret's Church from 65 feet to 75 feet, and a new block wall enclosure for a proposed back-up generator. The property is located at 47-535 Highway 74. R o aREF, 4 ER E 'OP CIRFLF N s , n,,,,, ,ro..a 6 A TONY TtABERT LANE 1 AmeROSiA STREEI ARMEN STREET 1111 . s y 5 2. SONIFFIA ROAD Z. SKYWARD WAY WAY Jf o r, WF 4t pP DLL AIR ROAn HOMESTEAD ROAD eri•j ROL. J cl SAID public hearing will be held on Tuesday, August 3, 2010 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 July 23, 2010 Palm Desert Planning Commission CI1YiJ1i1 ' J15Hi /"' ► • 73-5 io FaED WialNc. DKnr: 4 �' PALM DEsr•R'r, CALIFORNIA 92 260—'578 1, TEL: 760 346-06r • into(".itpnfpatnide.ert.urg July 15, 2010 ARCHITECTURAL REVIEW COMMISSION ACTION CASE NO: CUP 10-169 APPLICANT (AND ADDRESS): VERIZON WIRELESS, 15505 Sand Canyon, Irvine, CA 92618 NATURE OF PROJECT/APPROVAL SOUGHT: Final approval to increase the height of an existing monopalm by 10'. LOCATION: 47-535 Highway 74 ZONE: R-1 Upon reviewing the plans and presentations submitted by staff and by the applicant, the Architectural Review Commission granted approval subject to: 1) no co-location; and 2) landscape plan to be reviewed and approved by the landscape specialist. Date of Action: July 13, 2010 Vote: Motion carried 4-0-2-1, with Commissioners Lambell and Levin abstaining and Commissioner Van Vliet 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. Swartz, Kevin From: Peter [pblied04@yahoo.com] Sent: Monday, July 26, 2010 3:09 PM To: Swartz, Kevin Cc: 'Peter Blied' Subject: [NEWSENDER] - 5.3.10.Shadow-Justification Letter (Verizon) July 26, 2010 Peter J. Blied PlanCom, Inc. 250 El Camino Real, Ste 117 Tustin, CA 92870 City of Palm Desert Sent Via: Hand Delivery Planning Department 73-510 Fred Waring Drive Palm Desert, CA 92260 RE: 47-535 Highway 74, Palm Desert. APN: 628-150-005 Site Name: "Shadow"— Prior CUP# 01-08 Dear Mr. Bagato: This letter of explanation is meant to support our application for an amendment to an existing CUP at the property listed above. The current application proposes the following additions and modifications to the existing wireless communications facility: ? A new 74'-0"tall "mono-palm" tower to replace the existing 64'-0"tower ? A new block wall enclosure surrounding a proposed emergency back-up generator The proposal is intended to enhance the general viability and effectiveness of the site by improving the coverage for system subscribers in the vicinity as shown in the attached diagrams. Current RF engineering feedback has shown that the site will function better if the concealed antennas are increased to a 63'-0" rad. center from the existing 48'-0" height. Customer feedback has triggered a review of the site and RF modeling systems indicate that our issue can be addressed by either adding a new location or modifying the existing site. While it is a significant expense and effort to replace a mono-palm, we feel it is in the best interest of all involved to more fully utilize the current site location and not add an additional site in the general vicinity. Additionally, the site currently relies on hard-wired power distribution systems and Verizon wishes to provide emergency back-up power with an on-site generator. The addition of the proposed diesel generator will enhance the safety and security of the wireless communication network by allowing for full operational capability of the site even in the event of a power outage. We have worked carefully with the landlord, St. Margaret's Church, to design a generator location that is aesthetically unobtrusive and also meets or exceeds the basic safety requirements for a generator and fuel storage on the site. The generator and fuel tank will be placed within the block enclosure atop a concrete fuel containment trough in the event of any sort of leak of the low-pressure fuel tank. The proposed enclosure will be placed within a landscaped area immediately adjacent to a stand of palms trees and in front of the existing equipment enclosure for the site. One (1) existing palm will be relocated on site to facilitate the new enclosure. We are requesting your support and approval for the proposed changes to the site and welcome your feedback. We have included the required fees, copies of plans, and supporting documentation for your i review. If you should have any questions, please call me at (714) 262-0651 or e-mail at peter.blied©plancominc.com. As always, thank you for your time and consideration. Warmest Regards, Peter J. Blied Sr. Project Manager PlanCom, Inc. For Verizon Wireless 2 Shadow 47535 State Highway 74 Palm Desert, CA 92260 . --------A‘,,,,,„,,, ..:::, Veriken 1 , n , ,. ;-:•,$: ' $ 7 , Existing trees and shrubs to be removed or relocated } f 1 t Proposed replacement monopalm , Proposed generator enclosure with additional landscape —.ft.,. L ' k • •.+ �\s iii ,,r, \ ' • lit s • ♦ - �t • 1 __ PROPOSED Photosimulation of proposed telecommunications site R Shadow • 47535 State Highway 74 Palm Desert, CA 92260 • .. verign 4: s +m a� .;+r f M M , . _ .. 44t1. — fi • / Proposed replacement monopalm r, -rilimmittlik A... " %% T. r • 2 .�Y : `1 , i g• � Y a t • ... roar- ,� --.,.— �. e_ .kr ��tr.c�� � ����",• , �'{, .'rt, ».,..._ - .,....... 7a! .. � .,. gtivt..ia,ralr, 1W'rWw�'w. 'f",i. 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