HomeMy WebLinkAboutRes No 2540
PLANNING COMMISSION RESOLUTION NO. 2540
APPROVAL OF A NEW 60’ HIGH MONOPALM T-MOBILE TELECOMMUNICATIONS FACILITY CONSISTING OF SIX PANEL ANTENNAS, ONE GPS ANTENNA, ONE EMERGENCY GENERATOR, ONE PARABOLIC ANTENNA, FOUR 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
CASE NO. CUP 09-236
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 4th day of January, 2011, hold a duly noticed public hearing to consider the request by T-Mobile
West Corporation, 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. 10-26,
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 of Approval:
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 Coachella 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 for 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.
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 4th day of January, 2011, by the following vote, to wit:
AYES: LIMONT, TANNER, CAMPBELL, DE LUNA AND SCHMIDT
NOES:
ABSENT:
ABSTAIN:
_________________________________
M. CONNOR LIMONT, Chairperson
ATTEST:
________________________________
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
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
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 install landscaping upon development of adjacent land as required pursuant to this condition. 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.
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 ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
*The 2010 California Codes are applicable if the plans are submitted for plan review after December 31, 2010.
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. Please contact Debbie Le Blanc, Land Management Specialist, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites