HomeMy WebLinkAboutRes No 2642PLANNING COMMISSION RESOLUTION NO. 2642
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO INSTALL A TELECOMMUNICATION TOWER AND
EQUIPMENT SHELTER AT THE PALMS TO PINES SHOPPING CENTER,
LOCATED AT 72-850 EL PASEO
CASE NO: CUP 14-139
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 20th day of January, 2015, hold a duly noticed public hearing to consider the request by LA
LMSALP (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. 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 for this
operator is over one (1) mile away and locating new equipment at that site will
not fill the coverage gaps in this area. In addition, an existing facility located
adjacent to the proposed tower is operating at maximum capacity and collocation
at this facility is infeasible due to City screening requirements.
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 proposed installation of a freestanding tower designed to
resemble a fan palm (monopalm). The site was specifically chosen because of
the service gap and the need for a new facility in the vicinity. Surrounding areas
are a mix of commercial properties to the north, east and west and residential
properties to the south. The applicant chose a commercial site that hides the
tower from the more heavily trafficked Highway 111 and identified a site near an
PLANNING COMMISSION RESOLUTION NO. 2642
existing monopalm tower. The proposed placement of the tower is hidden from
public view from the north by an existing 30-foot tall building and perimeter and
on -site landscape help to screen the tower from the west, east, and south. The
proposed location cannot be bifurcated as other areas in the vicinity are more
visible from the public right-of-way and technologically cannot fill in the coverage
gaps in the area.
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 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-
139, 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 20th day of January 2015, by the
following vote, to wit:
AYES: CAMPBELL, DASH, DE LUNA, GREENWOOD, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
STNDELL, CHAIRPERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2642
CONDITIONS OF APPROVAL
CASE NO: CUP 14-139
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. The monopalm tower shall be designed to resemble the adjacent monopalm tower at
this site. Every effort shall be made to make the monopalm tower compatible, in terms
of design, paint color, etc... with the existing tower at this site. Alternative designs may
be considered if the applicant can demonstrate that it is infeasible for the two towers to
be compatible.
6. The applicant shall preserve the existing Palo Verde trees in their current location to
help further screen the tower. Should the Palo Verde trees be damaged or removed
during the installation of the tower, the applicant shall provide new and suitable
replacement trees or palms subject to Planning Department approval.
7. All conduits running between the tower and equipment enclosure shall be installed
underground.
8. All conduits running up the tower shall be contained within the tower itself. No wiring
conduit shall be installed on the outside of the tower.
9. The applicant is limited to two parabolic antennas along the tower at a height not to
exceed thirty-three (33) feet. The antenna shall be painted a color compatible with the
color of the tower trunk.
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PLANNING COMMISSION RESOLUTION NO. 2642
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.
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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