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HomeMy WebLinkAboutRes No 2497PLANNING COMMISSION RESOLUTION NO. 2497 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO CONSTRUCT, OPERATE AND MAINTAIN A NEW 65-FOOT HIGH MONO -PALM WIRELESS TELECOMMUNICATIONS TOWER FOR VERIZON WIRELESS, AND TO CONVERT AN EXISTING STORAGE ROOM INTO AN EQUIPMENT ROOM AND GENERATOR ROOM LOCATED AT THE REAR OF THE PROPERTY OF DESERT GATEWAY SELF STORAGE AT 73-750 DINAH SHORE DRIVE. CASE NO. CUP 08-247 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of April, 2009, 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? There are no towers for Verizon Wireless or any other carrier located on the north end of Palm Desert (see coverage map). The coverage map illustrates there is a significant gap in coverage in north Palm Desert. Is this Design and Location the Least Intrusive Available Solution? North Palm Desert does not posses the type of landscaping as other areas of the city where approved mono -palms are located. Other areas in Palm Desert are landscaped with palm trees, larger trees, bushes, and ground cover. North Palm Desert is designed with a desert landscape design. Although the site does not have any palm tress, this location is the least intrusive in the surrounding area, since the mono -palm will be surrounded by 30 foot high buildings. The proposed mono -palm at 65 feet in height is PLANNING COMMISSION RESOLUTION NO. 2497 smaller than existing mono -palms throughout the city. The project will also be conditioned to add palm trees around and throughout the project site. 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 there were no 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. 2 PLANNING COMMISSION RESOLUTION NO. 2497 2. That approval of Conditional Use Permit 08-247 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 7th day of April, 2009, by the following vote, to wit: AYES: CAMPBELL, CAMPBELL, SCHMIDT, TANNER NOES: LIMONT ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secret Palm Desert Planning Commission VAN e . TANNER, Chairperson 3 PLANNING COMMISSION RESOLUTION NO. 2497 CONDITIONS OF APPROVAL CASE NO. CUP 08-247 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. 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. 7. The applicant must provide three live palm trees that vary in height from 35 to 45 feet, and add live palm trees throughout the site. 8. Applicant must submit a letter of authorization from Southern California Edison in reference to utility lines. 4 PLANNING COMMISSION RESOLUTION NO. 2497 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 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA BUILDING CODE (Based on 2006 UBC) MECHANICAL CODE (Based on 2006 UMC) PLUMBING CODE (Based on 2006 UPC) ELECTRICAL CODE (Based on 2005 NEC) ENERGY CODE BUILDING STANDARDS ADMINISTRATIVE CODE FIRE CODE 2. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm Desert Municipal Code, Title 5. 3. All contractors and/or owner -builders must submit' a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4. Structural plans and calculations will be required for the mono -palm structure. Design parameters are currently 85 mph wind speed; exposure C (due to height) and seismic design category as determined by CBC Chapter 16 Requirements. 5