HomeMy WebLinkAboutRes No 2635PLANNING COMMISSION RESOLUTION NO. 2635
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO INSTALL TELECOMMUNICATION ANTENNAS AND
EQUIPMENT, AND TO MAKE BUILDING MODIFICATIONS TO REMOVE
AN EXISTING 40-FOOT TALL SPIRE AND CONSTRUCT A 40-FOOT TALL
CUPOLA IN ITS PLACE TO SCREEN THE ANTENNAS AT THE PALM
DESERT OASIS SEVENTH -DAY ADVENTIST CHURCH, LOCATED AT 74-
200 COUNTRY CLUB DRIVE
CASE NO: CUP 14-121
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
19th day of August, 2014, 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. The application has complied with the requirements of
the "City of Palm Desert Procedure for Implementation of the California Environmental Quality
Act," Resolution No. 2014-41, 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:
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.
The applicant has provided a justification letter and coverage map indicating the
locations of existing telecommunication sites in the area. The closest site is over
1.25 miles away and locating new equipment at that site will not fill the coverage
gaps in this area. This location was selected because of the existing height at the
church and because there was a property owner who was willing to work with the
applicant.
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.
The applicant has not proposed installation of a freestanding tower. Rather the
applicant is proposed a completely stealth facility that will not be visible from
public areas. The site was specifically chosen because of the service gap and
PLANNING COMMISSION RESOLUTION NO. 2635
the need for a new facility. Surrounding areas are predominately residential and
so consideration of a freestanding tower in the area was deemed unacceptable.
3. That the applicant shows compelling technological or economic reason(s) for
requiring a new freestanding facility.
The technological reasons are stated in the project description letter submitted
for the Planning Commission's review. Existing coverage and technology in the
area is inadequate for existing customers. The proposed facility 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.
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 Conditional Use Permit 14-
121, 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 August 2014, by the
following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ROGER DASH, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2635
CONDITIONS OF APPROVAL
CASE NO: CUP 14-121
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. 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.
5. Construction drawings shall be reviewed for final approval by the City's Architectural
Review Commission prior to issuance of building permits.
6. The walking pads placed on top of the roof tiles shall be compatible with the existing
color of the roof tiles.
7. All conduits running between the cupola and equipment enclosure shall be install under
the existing roof tiles and shall not be visible.
DEPARTMENT OF BUILDING AND SAFETY:
1. This project shall comply with the latest adopted edition of the following codes:
a. 2013 California Building Code and its appendices and standards.
b. 2103 California Residential Code and its appendices and standards.
c. 2013 California Plumbing Code and its appendices and standards.
d. 2013 California Mechanical Code and its appendices and standards.
e. 2013 California Electrical Code.
f. 2010 California Energy Code. (Until July 1, 2014)
g. 2013 California Green Building Standards Code.
h. Title 24, California Code of Regulations.
i. 2013 California Fire Code and its appendices and standards.
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PLANNING COMMISSION RESOLUTION NO. 2635
2. An approved automatic fire sprinkler system shall be installed as required per the City of
Palm Desert Code Adoption Ordinance 1265.
3. All contractors and subcontractor shall have a current City of Palm Desert Business
License prior to permit issuance per Palm Desert Municipal Code, Title 5.
4. 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.
5. Address numerals shall comply with Palm Desert Ordinance No. 1265 (Palm Desert
Municipal Code 15.28). Compliance with Ordinance 1265 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 1265 or Municipal Code Section 15.28
from the Department of Building and Safety counter staff.
6. Please contact Ms. Cherie Williams, Building and Safety Technician, at the Department
of Building and Safety (760) 776-6420 regarding the addressing of all building and/or
suites.
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