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HomeMy WebLinkAboutRes No 2598PLANNING COMMISSION RESOLUTION NO. 2598 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 TWO FAUX BOULDERS FOR AT&T MOBILITY LOCATED WITHIN STONE EAGLE DEVELOPMENT. CASE NO: CUP 12-266 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 19th day of February 2013, hold a duly noticed public hearing to consider the request by AT&T Mobility for approval of the above noted; and WHEREAS, according to the California Environmental Quality Act (CEQA), the City must determine whether a proposed activity is a project subject to CEQA. If the project is subject to CEQA, staff must conduct a preliminary assessment of the project to determine whether the project is exempt from CEQA review. If a project is not exempt, further environmental review is necessary. Further review from a non-exempt project would result in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact Report (EIR). Generally, an EIR must be prepared if a project may have a significant impact on the environment. The said application has complied with the requirements of the "City of Palm Desert Procedure for Implementation of the California Environmental Quality Act," Resolution No. 2012-20, in the Director of Community Development has determined that the proposed project is a Class 3: New Construction or Conversion of Small Structures (15303) Categorical Exemption for purposes of CEQA and no further review 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 approve the said request: FINDINGS FOR 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? 3. Is there a Significant Gap in Coverage? The proposed wireless telecommunication facility is located within an Open Space zone. The project is proposed to enhance wireless telecommunications services within the general vicinity of Stone Eagle Development. Coverage areas must be improved and network capacity expanded to handle the growing number of calls PLANNING COMMISSION RESOLUTION NO. 2598 and wireless data usage. The coverage map illustrates that there is a significant gap in coverage in this vicinity. 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 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 boulders range in height from 3'6" to 5'6" and they have a natural desert look. This design is less intrusive than a 65-foot mono -palm would be in the 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 needed 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, to provide emergency cell phone service for users of the Stone Eagle golf course, 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 boulder heights 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. G:\Planning\Monica OReilly\Planning Commission\2013\Resolutions\Res. No. 2598 AT&T Monopalm Stone Eagle.docx 2 PLANNING COMMISSION RESOLUTION NO. 2598 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 wireless telecommunication facility disguised as two faux boulders 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: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission in this case. 2. That the Planning Commission does hereby recommend approval of CUP 12- 266, subject to conditions. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 19th day of February 2013, by the following vote, to wit: AYES: CAMPBELL, DASH, DE LUNA, AND STENDELL NOES: ABSENT: LIMONT ABSTAIN: NANCY D ATTEST: URI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION UNA, CHAIRPERSON G:\Planning\Monica OReilly\Planning Commission \2013\Resolutions\Res. No. 2598 AT&T Monopalm Stone Eagle.docx 3 PLANNING COMMISSION RESOLUTION NO. 2598 CONDITIONS OF APPROVAL CASE NO: CUP 12-266 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: Coachella Valley Water District City Fire Marshal Public Works Department Evidence of said permit or clearance from the above agencies shall be presented to the Department of Building & Safety at the time of issuance of a building permit for the use contemplated herewith. 4. All conditions of approval shall be recorded with the Riverside County Clerk's office before any building permits are issued. Evidence of recordation shall be submitted to the Department of Community Development/Planning. 5. Applicant shall defend, indemnify and hold harmless the city against any third party legal challenge to these approvals, with counsel chosen by the city at applicant's expense. 6. Any proposed change of this Conditional Use Permit will require an amendment, which will result in a new public hearing. 7. Improvements that are not on the approved site plan may be subject to additional requirements and plan submittals by the Public Works Department. 8. The lease agreement for the faux boulders must be in place prior to installation. G:\Planning\Monica OReilly\Planning Commission\2013\Resolutions\Res. No 2598 AT&T Monopalm Stone Eagle.docx 4