HomeMy WebLinkAboutRes No 2582PLANNING COMMISSION RESOLUTION NO. 2582
APPROVAL TO INSTALL A STEALTH COMMUNICATION
TOWER DESIGNED AS A MONO -PALM TO ACCOMMODATE
SIX FLUSH MOUNTED PANEL ANTENNAS TO BE USED FOR
WIRELESS COMMUNICATION AND TO LOCATE ANCILLARY
EQUIPMENT AND ONE GPS ANTENNA INSIDE THE
ASSOCIATED EQUIPMENT SHELTER LOCATED AT 47-321
HIGHWAY 74, APN: 628-150-009 .
CASE NO. CUP 10-298
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
21st day of February, 2012, hold a duly noticed public hearing to consider the request by Royal
Street Communications, CA LLC, 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:
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 existing inability to provide sufficient coverage specific to the geographic
site and the inability to collocate with existing towers illustrates the need for
such antennas. The request for a 65' tall mono -palm is the result of efforts by
the applicant to find alternative locations on -site that determined to be
unsuccessful. Sector studies have demonstrated that in order to provide service
to this portion of customers within the vicinity, the installation of six panels at the
height of 65' is necessary due to the adjacent mountains and high building
structures.
2. That the unique land use characteristics or geographic features mitigate any
negative aesthetic concerns.
The location is on private property adjacent a major highway surrounding a
developed residential area. The site itself is landscaped with eight old growth
existing palms that will remain along with three new palm trees to be planted
around the facility to disguise the height of the mono -palm. An associated
equipment shelter will be built into the existing grade change with minimal visual
impact to the site.
PLANNING COMMISSION RESOLUTION NO. 2582
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. The applicant did try to achieve
approval on an existing building, but was unsuccessful and the
application was ultimately approved as a new mono -palm by the
Architectural Review Commission. 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 adjacent Highway 74 to achieve maximum coverage.
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 provide coverage even
with multiple sites.
c. That the applicant shows compelling technological or economic
reason(s) for requiring a new freestanding facility.
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.
2
PLANNING COMMISSION RESOLUTION NO. 2582
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
Planning Commission in this case.
2. That approval of Conditional Use Permit 10-298 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 21st day of February, 2012, by the following vote, to wit:
AYES: CAMPBELL, TANNER, DE LUNA
NOES: LIMONT
ABSENT: DASH
ABSTAIN:
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert Planning Commission
/SONIA CAMPBELL, Chairperson
3
PLANNING COMMISSION RESOLUTION NO. 2582
CONDITIONS OF APPROVAL
CASE NO. CUP 10-298
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.
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.
Public Works Department:
1. The applicant shall submit a grading plan to the Department of Public Works for review
and approval prior to permit issuance. Any changes to the approved civil or landscape
plans must be reviewed for approval prior to work commencing.
2. The applicant shall submit a landscape plan concurrently with the precise grading plan
for review and approval. Applicants are advised to use the City of Palm Desert Design
Guide when designing plans. Landscape plans must meet the following criteria:
a. Must be water efficient in design and meet the City of Palm Desert's Water
Efficient Landscape Ordinance.
b. Planting plans must show location of proposed and existing utilities.
c. Must match approved civil plans.
d. All specifications and details must be site specific.
4
PLANNING COMMISSION RESOLUTION NO. 2582
e. Applicants must have CVWD approval of their irrigation plans prior to City
approval.
f. Applicants must have a stamp or signature from the County Agricultural
Commissioner before City approval.
3. The lease agreements for the mono -palm and equipment shelter must be in place
prior to installation of said improvements.
4. 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. This project shall comply with the latest adopted edition of the following codes:
A. 2010 California Building Code and its appendices and standards.
B. 2010 California Plumbing Code and its appendices and standards.
C. 2010 California Mechanical Code and its appendices and standards.
D. 2010 California Electrical Code.
E. 2010 California Energy Code.
F. Title 24, California Code of Regulations.
G. 2010 California Fire Code and its appendices and standards
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. Address numerals shall comply with Palm Desert Ordinance No. 1217 (Palm Desert
Municipal Code 15.15. Compliance with Ordinance 1217 regarding street address
location, dimension, stroke of line, distance from street, height from grade, height from
street, etc. shall be shown on all architectural building elevations in detail. Any
possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons
that may render the building address unreadable shall be addressed during the plan
review process. You may request a copy of Ordinance 1217 or Municipal Code
Section 15.28 from the Department of Building and Safety counter staff.
5. Please contact Cherie Williams, Building & Safety Technician, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and or
sites.
5