HomeMy WebLinkAboutRes No 2478PLANNING COMMISSION RESOLUTION NO. 2478
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. 2478
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.
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PLANNING COMMISSION RESOLUTION NO. 2478
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: CAMPBELL, LIMONT, SCHMIDT, TANNER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
i
VAN G.TANNER, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2478
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.
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PLANNING COMMISSION RESOLUTION NO. 2478
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.
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