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HomeMy WebLinkAboutRes No 2562PLANNING COMMISSION RESOLUTION NO. 2562 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DENYING 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 6th day of September, 2011, hold a duly noticed public hearing to consider the request by AT&T Mobility for the above mentioned project; 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 denial of said request: FINDINGS FOR DENIAL: 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 an Open Space zone. The applicant has provided analysis that there is a need to enhance wireless telecommunications services within the general vicinity of Palm Desert. The coverage map illustrates that there is a significant gap in coverage in south Palm Desert. Since a Conditional Use Permit is required, the Planning Commission may deny the application, since it is located on a ridgeline, and the City's policy of protecting viewsheds in general and ridgelines in particular, is well established. The Planning Commission may find that the project will have material impacts on viewsheds and recommend that the applicant find alternative cell service locations in the target area. Such a denial will not serve to prevent cell phone coverage in the area, since it is likely that other locations could be identified for placement of the antennas. PLANNING COMMISSION RESOLUTION NO. 2562 Is this Design and Location the Least Intrusive Available Solution? The Stone Eagle Development is designed with desert landscaping to preserve the natural hillside and ridgelines. The proposed faux boulder is 9'5" in height, and is in keeping with the natural desert look. The faux boulder is located on a ridgeline and Chapter 25.15 Hillside Planned Residential District Section 25.15.030(F) prohibits development on ridgelines within that zone. Although the subject site is zoned Open Space, it is the intent of the City to retain, protect, and preserve the undisturbed viewsheds, natural landmarks and features including vistas and the natural skyline as integral elements in development. No conclusive evidence has been submitted by the applicant that would prove that the proposed site is the only location from which adequate cell phone coverage can be provided. Additional findings for denial 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 is attached to the staff report to provide documentation as to the service need in the proposed service area. The site is located on a ridgeline, and the City's policy of protecting viewsheds in general and ridgelines in particular, is well established. The Planning Commission denies the application for antenna development on the ridgeline since it finds that the project will have material impacts on viewsheds and that there are more acceptable alternatives to provide cell service to the target area, including the installation of one or more faux rocks at lower or less visible locations. 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. Chapter 25.104 Commercial Communication Towers and Commercial Communication Antennas does not specifically prohibit antennas on ridgelines. However, the portion of the Zoning Ordinance that specifically regulates development on the hillsides (Chapter 25.15 Hillside Planned Residential District) declares the G.' Plenninp\Tony Becker` PC Resoiutwns\PC Res 2562.daea 2 PLANNING COMMISSION RESOLUTION NO. 2562 purpose to "retain and protect undisturbed viewsheds, natural landmarks and features including vistas and the natural skyline as integral elements in development of proposals in hillside areas" (Section 25.15.010(C) and specifically prohibits development on ridgelines within that zone. (25.15.030(F).) Furthermore, the community design element of the general plan encourages maintaining of viewsheds. (General Plan, Community Design Element, Policy 4, pg. III-152.) Installation of a mono -rock on a ridgeline would aesthetically mar the viewshed from lower elevations. 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. Although the technological and economic reasons are adequately established, there is no evidence that the proposed location is the only one that will satisfy those concerns. Another location that is Tess prominently visible should be utilized. 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 CUP 11-196 is hereby denied. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 6th day of September 2011, by the following vote, to wit: AYES: CAMPBELL, TANNER, DASH, AND DE LUNA NOES: NONE ABSENT: LIMONT ABSTAIN: NONE G.Pwnning,Tony Becks, PC Resofoons'PC Res .1562doca 3 PLANNING COMMISSION RESOLUTION NO. 2562 ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission SONIA CAMPBELL, Chairperson (if P,inning\Tony Beckef.PC ResolWions'PC Res 2562. dacx 4