HomeMy WebLinkAboutRes No 2599PLANNING COMMISSION RESOLUTION NO. 2599
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT (CUP) TO ALLOW A NEW VERIZON 68-FOOT WIRELESS
TELECOMMUNICATIONS MONO -PALM AND NEW EQUIPMENT
SHELTER LOCATED AT TEMPLE SINAI AT 73251 HOVLEY LANE
WEST.
CASE NO: CUP 12-231
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 19th day of March 2013, hold a duly noticed public hearing to consider the request
by Verizon Wireless 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?
Is there a Significant Gap in Coverage?
The proposed wireless telecommunication facility is located within a Planned
Residential zone. The proposed 68-foot tall mono -palm is to enhance wireless
telecommunications services within the general vicinity. Coverage areas must be
PLANNING COMMISSION RESOLUTION NO. 2599
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 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 site itself is
landscaped and located 226 to 480 feet away from any residential homes. The
68-foot tall mono -palm design, with existing palm trees will adequately
camouflage the mono -palm to mitigate any negative aesthetic concerns.
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 12 cellular panels. It was concluded that the area
had low service and the proposed facility was necessary to off-load
congested sites, to provide phone service for users within the area, 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 the 68-foot mono -palm height is 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 the proposed
service area 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.
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PLANNING COMMISSION RESOLUTION NO. 2599
The proposed wireless telecommunication facility disguised as a 68-foot tall
mono -palm would 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-
231, subject to conditions.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 19th day of March 2013,
by the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, AND STENDELL
NOES:
ABSENT: LIMONT
ABSTAIN:
77
NANCY DE NA, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2599
CONDITIONS OF APPROVAL
CASE NO: CUP 12-231
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 68-foot mono -palm must be in place prior to
installation.
9. The applicant must install three to five live palm trees that vary in height from 35 feet
to 45 feet. The palm trees must be in line and/or in front of the mono -palm, in order
to provide visual relief for the residents to the east.
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PLANNING COMMISSION RESOLUTION NO. 2599
10. The roof and outside walls of the equipment shelter must match the existing
building.
11.The equipment shelter building pad must be raised six inches to match top of
parking lot curb.
12.A landscape planter must be added around the equipment shelter. The landscape
plans must be approved by the Landscape Specialist before issuance of building
permits.
13.The construction drawings must come back to the ARC for final approval. The air
conditioning units must be shown on the construction plans.
14.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. 2010 California Green Building Standards Code
G. Title 24, California Code of Regulations.
H. 2010 California Fire Code and its appendices and standards.
15.AII contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
16.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.
17.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.
18. Please contact Cherie Williams, Building and Safety Technician, at the Department
of Building and Safety (760-776-6420) regarding the addressing of all buildings
and/or suites.
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