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HomeMy WebLinkAboutRes No 2516PLANNING COMMISSION RESOLUTION NO. 2516 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. 2516 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. 2516 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: CAMPBELL, DELUNA, SCHMIDT, TANNER NOES: LIMONT ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secreta Palm Desert Planning Commission VAN Q: TANNER Chairperson irperson 3 PLANNING COMMISSION RESOLUTION NO. 2516 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. 2516 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 replaced 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