HomeMy WebLinkAboutRes No 2622PLANNING COMMISSION RESOLUTION NO. 2622
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO REPLACE AN EXISTNG MONO -PALM WITH A NEW 75-
FOOT AT&T MONO -PALM LOCATED AT ST. MARGARET'S
EPISCOPAL CHURCH AT 47-535 HIGHWAY 74
CASE NO: CUP 13-414
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 18th day of March 2014, hold a duly noticed public hearing to consider the request by
AT&T 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. 2013-16, in the Director of
Community Development has determined that the proposed project is a Class 32: In -Fill
Development Projects (15332) 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, which are outlined in the staff
report reasons 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 mono -palm is the only AT&T cell tower located on the south end of
Palm Desert (see coverage map). The coverage map illustrates that there is a
significant gap in coverage in south Palm Desert. Sector studies have
demonstrated to AT&T that in order to provide service and to keep up with
PLANNING COMMISSION RESOLUTION NO. 2622
today's technology demands by customers within the vicinity, the installation of a
75-foot tall wireless mono -palm is necessary.
Is this Design and Location the Least Intrusive Available Solution?
A Nextel mono -palm was previously approved at this location. The site itself is
developed and landscaped with nine palm trees from 25 to 50 feet in height. The
mono -palm design and the existing trees will adequately camouflage the mono -
palm.
Additional findings are stated in Section 25.34.130 Communication Tower and
Antenna Regulations.
1. 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.
There is no room on the two existing mono -palm cell towers to co -locate. A
project description letter has been submitted by the applicant and attached to
the staff report. The letter provides documentation for the services needed in
the proposed area. A propagation study was undertaken to analyze the
optimum placement for the cellular antennas. The report concluded that the
proposed mono -palm is needed to fill the existing gap in cell phone coverage
for AT&T customers.
2. 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 manmade) and vegetation and mountain
characteristics of the valley make it difficult to cover, even with multiple sites.
3. That the applicant shows compelling technological or economic reason(s) for
requiring a new freestanding facility.
The economic reasons are stated in the project description letter submitted
for the Commission's review. Existing coverage and technology in the area is
inadequate for existing customers. The proposed mono -palm will allow for
better service and create a larger network leading to increased capacity. The
applicant has enclosed a copy of their coverage map based on the new
wireless site, along with a letter of site justification.
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PLANNING COMMISSION RESOLUTION NO. 2622
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 for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby approve CUP 13-414.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City
of Palm Desert, California, at its regular meeting held on the 18th day of March 2014, by
the following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROG DASH, C AIRP ON
ATTEST:
LA RI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2622
CONDITIONS OF APPROVAL
CASE NO: CUP 13-414
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:
Building & Safety Department
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. No collocation of a future wireless carrier will be allowed on the mono -palm.
8. The existing Nextel mono -palm shall be removed prior to the AT&T mono -palm
receiving Building and Safety Department final inspection.
9. Landscape plans must be approved by the City's Landscape Specialist and must
meet all planting and irrigation design requirements prior to obtaining construction
permits.
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PLANNING COMMISSION RESOLUTION NO. 2622
DEPARTMENT OF BUILDING & SAFETY:
10. This project shall comply with the latest adopted edition of the following codes:
a. 2013 California Building Code and its appendices and standards.
b. 2013 California Electrical Code.
c. 2013 California Green Building Standards Code
d. Title 24, California Code of Regulations.
e. 2013 California Fire Code and its appendices and standards.
11. 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.
12.AI1 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.
13.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.
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