HomeMy WebLinkAboutRes No 2483PLANNING COMMISSION RESOLUTION NO. 2483
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION,
OPERATION, AND MAINTENANCE OF A NEW 75-FOOT HIGH
MONO -PALM WIRELESS TELECOMMUNICATIONS TOWER
FOR CINGULAR WIRELESS WITH A RELATED EQUPIMENT
BUILDING LOCATED JUST INSIDE THE PERIMETER WALL OF
PALM VALLEY COUNTRY CLUB AT THE NORTHEAST
CORNER OF COUNTRY CLUB DRIVE AND ELDORADO DRIVE.
CASE NO. CUP 08-266
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
5th day of August, 2008, hold a duly noticed public hearing to consider the request by Cingular
Wireless, for the above noted Conditional Use Permit; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of the California Environmental Quality Act', Resolution
No. 06-78, in that the Director of Community Development has determined that the project is a
Class 3 Categorical Exemption for purposes of CEQA and no further documentation is
necessary; and
WHEREAS, at said public hearing, upon hearing and considering all testimony and
arguments, if any, of all interested persons desiring to be heard, said Planning Commission
did find the following facts and reasons to exist to justify approval of said request:
1. That there is a unique land use characteristic or nearby geographic feature
which results in a compelling technological need to locate the commercial
communication towers and/or commercial communication antennas in the
location and/or at the height proposed.
The land use that characterizes a compelling technological need to locate at
the height and location proposed is the existing inability to provide sufficient
coverage specific to the geographic site and the inability to collocate with
existing towers. The request for a 75-foot tall mono -palm is the result of efforts
by the applicant to collocate with existing mono -palms in the vicinity. Sector
studies have demonstrated to the Cingular Corporation that in order to provide
service to this portion and to commercial and residential customers within the
vicinity, the installation of a 75-foot tower is necessary.
2. That the unique land use characteristics or geographic features mitigate any
negative aesthetic concerns.
The surrounding area is developed within a residential area. The site itself is
landscaped and located within Palm Valley Country Club. The mono -palm
design of the proposed wireless communications tower, the existing trees, and
the planting of five new palm trees, three pepper trees and several shrubs and
PLANNING COMMISSION RESOLUTION NO. 2483
vines will adequately camouflage the mono -palm and equipment shelter to
mitigate any negative aesthetic concerns.
Additional findings for the approval of commercial communication towers are stated in
Municipal Code Section "25.104.030 Permitted Commercial Communication Towers
and Commercial Communication Antennas in Zoning Districts of City" as such: New
freestanding commercial communication towers/commercial communication antennas
shall not be allowed unless the applicant substantiates to the satisfaction of the
Planning Commission:
A. That existing towers and buildings do not technologically afford the applicant
the ability to provide service to the service area of the applicant or service
provider.
A Project Description Letter has been submitted by the applicant and attached
to the Staff Report to provide documentation as to the service need in the
proposed service area. A propagation study was undertaken to analyze the
optimum placement for the cellular panels. The report concluded that the
number and location was optional at the other cell towers in the vicinity.
B. That the geographical boundaries of the proposed service area cannot
technologically be bifurcated to avoid the necessity for a freestanding
tower/antenna at the height proposed.
Site selection and antenna height are the result of a computer analysis of
service coverage requirements for Southern California and the United States.
Topography (both natural and man made) and vegetation characteristics of the
valley make it difficult to cover even with multiple sites.
C. That the applicant shows compelling technological or economic reason(s) for
requiring a new freestanding facility.
The economic reasons are stated in the project description letter submitted for
the Commission's review and attached to the record. Existing coverage in the
area is inadequate for existing customers. The proposed communication tower
will allow for better service and create a larger network leading to increased
capacity. The applicant has enclosed a copy of their existing coverage map and
a new coverage map based on the new wireless site, along with a letter of site
justification.
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.
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PLANNING COMMISSION RESOLUTION NO. 2483
2. That approval of Conditional Use Permit 08-266 is hereby granted, subject to the
attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on the 5th day of August, 2008, by the following vote, to wit:
AYES: CAMPBELL, CAMPBELL, LIMONT, TANNER
NOES: NONE
ABSENT: SCHMIDT
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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PLANNING COMMISSION RESOLUTION NO. 2483
CONDITIONS OF APPROVAL
CASE NO. CUP 08-266
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file to the
department of community development/planning, as modified by the following
conditions.
2. Construction of a portion of said project shall commence within one year from the date
of final approval unless an extension of time is granted; otherwise said approval shall
become null, void and of no effect whatsoever.
3. The development of the property described herein shall be subject to the restrictions
and limitations set forth herein which are in addition to all municipal ordinances and
state and federal statutes now in force, or which hereafter may be in force.
4. Prior to issuance of a building permit for construction of any use contemplated by this
approval, the applicant shall first obtain permits and/or clearance from the following
agencies:
Planning Department
Fire Department
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building and Safety at the time of issuance of a building permit for
the use contemplated herewith.
5. That where co -location may effectively be accomplished without violation of the
provisions of proposed Municipal Code Chapter 25.104 and without reasonable
interference with applicant's existing use, applicant shall allow third party co -location
onto the tower erected under this permit.
6. Applicant agrees to maintain the landscaping required to be installed pursuant to these
conditions. Applicant will enter into an agreement to maintain said landscaping for the
life of the project, which agreement shall be notarized and which agreement shall be
recorded. It is the specific intent of the parties that this condition and agreement run with
the land and bind successors and assigns. The final landscape plan shall include a long-
term maintenance program specifying among other matters appropriate watering times,
fertilization and pruning for various times of the year for the specific materials to be
planted, as well as periodic replacement of materials. All to be consistent with the
Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape
plan.
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PLANNING COMMISSION RESOLUTION NO. 2483
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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