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HomeMy WebLinkAboutRes No 2533PLANNING COMMISSION RESOLUTION NO. 2533 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. 2533 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 2 PLANNING COMMISSION RESOLUTION NO. 2533 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 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 3`d day of August, 2010, by the following vote, to wit: AYES: CAMPBELL, DELUNA, SCHMIDT, TANNER AND LIMONT NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission K061,-“A. 3 M. CONNOR LIMONT, Chairperson PLANNING COMMISSION RESOLUTION NO. 2533 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