HomeMy WebLinkAboutRes No 2558PLANNING COMMISSION RESOLUTION NO. 2558
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW A NEW WIRELESS TELECOMMUNICATIONS
FACILITY DISGUISED AS A FAUX BOULDER TO HOUSE FOUR PANEL
ANTENNAS AND TWO GPS ANTENNAS FOR AT&T MOBILITY
LOCATED WITHIN THE STONE EAGLE DEVELOPMENT.
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2nd day of August, 2011, hold a duly noticed public hearing to consider the request by
AT&T Mobility for approval of the above noted; 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 will not have a negative impact on the environment and that the application is
a Class 3 Categorical Exemption for purposes of CEQA, and therefore 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 exist to justify the approval of said
request:
Findings of 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 proposed wireless telecommunication facility is located within a Hillside
Planned Residential zone. The project is proposed to enhance wireless
telecommunications services within the general vicinity of Palm Desert. Coverage
areas must be improved and network capacity expanded to handle the growing
number of calls and wireless data usage. The coverage map illustrates that there is
a significant gap in coverage in south Palm Desert.
Is this Design and Location the Least Intrusive Available Solution?
Throughout the City of Palm Desert there are a number of mono -palms ranging in
size from 60 feet to 75 feet in height, especially in south Palm Desert. The Stone
Eagle Development is designed with desert landscaping to preserve the natural
hillside. The proposed faux boulder is 9'5" in height, and is in keeping with the
natural desert look, and is Tess intrusive than a 65-foot mono -palm would be in the
PLANNING COMMISSION RESOLUTION NO. 2558
surrounding area. The project will also be conditioned to add smaller faux rocks
around 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. It was concluded that the area had low service and the
proposed facility was necessary to off-load congested sites, and to
provide carriers with expanded services.
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 wireless
telecommunication facility disguised as a faux rock will allow for
better service, and provide expanded services. The applicant has
enclosed a copy of their existing 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:
2
PLANNING COMMISSION RESOLUTION NO. 2558
1. That the above recitations are true and correct and constitute the findings of
the Commission in this case.
2. That the Planning Commission does hereby grant approval of Conditional
Use Permit 11-196, subject to conditions.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2nd day of August 2011, by the following vote, to wit:
AYES: CAMPBELL, DE LUNA, DASH AND TANNER
NOES: NONE
ABSENT: LIMONT
ABSTAIN: NONE
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
3
SONIA CAMPBELL, Chairperson
PLANNING COMMISSION RESOLUTION NO. 2558
CONDITIONS OF APPROVAL
CASE NO. CUP 11-196
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file
with the Department of Community Development/Planning, as modified by the
following conditions.
2. 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
3. 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:
City Fire Marshal
Building and Safety 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.
4. Any proposed change of this Conditional Use Permit will require an amendment,
which will result in a new public hearing.
5. Applicant must install smaller faux rocks around the boulder.
6. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals by the Public Works Department.
7. The applicant must maintain and construct the wireless telecommunications
facility disguised as a faux boulder to house four panel antennas to represent the
plans on file.
8. The lease agreement for the faux boulders must be in place prior to installation.
4
PLANNING COMMISSION RESOLUTION NO. 2558
9. During the tenant improvement process the 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:
2010 CALIFORNIA BUILDING CODE (Based on 2009 IBC)
2010 CALIFORNIA MECHANICAL CODE (Based on 2009 UMC)
2010 CALIFORNIA PLUMBING CODE (Based on 2009 UPC)
2010 CALIFORNIA ELECTRICAL CODE (Based on 2008 NEC)
2010 CALIFORNIA ENERGY CODE (Based on the 2008 Energy
Efficiency Standards)
2010 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2010 CALIFORNIA FIRE CODE
2010IFORNIA GREEN BUILDING CODE
10. 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.
11. 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