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HomeMy WebLinkAboutRes No 2586PLANNING COMMISSION RESOLUTION NO. 2586 CONSIDERATION OF A NEW BUILDING ADDITION AND ASSOCIATED EQUIPMENT SHELTER TO SCREEN A VERIZON TELECOMMUNICATIONS FACILITY CONSISTING OF TWELVE ANTENNAS, TWO GPS ANTENNAS, AND ONE PARABOLIC ANTENNA, TO BE INSTALLED AT 47-900 PORTOLA AVENUE CASE NO. CUP 10-292 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of June, 2012, hold a duly noticed public hearing to consider the request by Los Angeles SMSA LP, DBA 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. 10-26, in that the Director of Community Development has determined that the project involves installation of small, new equipment which is considered 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: A. 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 needed in the proposed service area. A transmission study was undertaken to analyze the optimum placement for the cellular facility. It was concluded that the area presently has low to no service and the proposed facility is necessary to achieve Verizon service in the area. 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 coverage map analysis and elimination of alternative sites that were considered, but PLANNING COMMISSION RESOLUTION NO. 2586 were not suitable for various reasons as stated in the project description letter. Topography (both natural and man-made) and vegetation characteristics of the Coachella Valley make it difficult to cover large areas 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 Planning 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 proposed coverage map after the facility is built shows a new wide range of coverage that is not currently available to Verizon customers. 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. 2. That approval of Conditional Use Permit 10-296 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 19th day of June, 2012, by the following vote, to wit: AYES: CAMBELL, DASH, DE LUNA, LIMONT, TANNER NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: LAURI AYLAIAN, Secretary PALM DESERT PLANNING COM SION SONIA CAMPBELL, CHAIRPERSON 2 PLANNING COMMISSION RESOLUTION NO. 2586 CONDITIONS OF APPROVAL CASE NO. CUP 10-292 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file to the Department of Community Development, 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. 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: 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 BUILDING STANDARDS ADMINISTRATIVE CODE 2010 CALIFORNIA FIRE CODE 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 PLANNING COMMISSION RESOLUTION NO. 2586 3. All contractors and/or owner -builders must submit a valid Certificate of Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4. Please contact Cherie Williams, Land Management Specialist, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and/or suites. Department of Public Works: 1. The lease agreement for the mono -palm must be in place prior to installation. 2. If the prefabricated equipment shelter is visible to the public, then the applicant shall landscape the perimeter of it and submit landscape and irrigation plans to the Department of Public Works for review and approval, unless site conditions do not require screening of shelter. 4