HomeMy WebLinkAboutRes No 2647PLANNING COMMISSION RESOLUTION NO. 2647
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, CONSIDERATION TO ADOPT A NOTICE OF
EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT; AND CONSIDERATION OF A CONDITIONAL USE PERMIT TO
INSTALL A NEW 48-FOOT TALL VERIZON TELECOMMUNICATION TOWER
AND EQUIPMENT SHELTER LOCATED AT 40-004 COOK STREET
CASE NO: CUP 14-209
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
7th day of April, 2015, hold a duly noticed public hearing to consider the request by LA
LMSALP dba 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 request is categorically exempt under Section 15332 In -Fill
Development Projects (Class 32) of the CEQA; therefore, no further environmental 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 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 three (3) miles away and locating new equipment at that site will
not fill the coverage gaps in this area. In addition, there is not an existing facility
in the vicinity for collocation.
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 canary palm (mono -palm). 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 residential properties to the north, east and west and
commercial properties to the northwest. The proposed placement of the tower is
PLANNING COMMISSION RESOLUTION NO. 2647
hidden from public view except along Cook Street by an existing 35-foot tall
building and perimeter and on -site landscape help to screen the tower.
The proposed height, mono -palm design, and addition of four (4), new live
canary palm trees will help mitigate any visual impact from Cook Street. 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 approval of the
Planning Commission in this case.
2. That the Planning Commission does hereby approve Case No. CUP 14-209,
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 7th day of April 2015, by the
following vote, to wit:
AYES: CAMPBELL, DE LUNA, GREENWOOD, PRADETTO, and STENDELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
L, C AIRERSON
ATTEST:
LAURI AYLAIAN, SECRETARY
PALM DESERT PLANNING COMMISSION
G:\Planning\Monica OReilly\Planning Commission \2015\Resolutions\Res. No. 2647 CUP 14-209 Venzon Monopalm.docx
PLANNING COMMISSION RESOLUTION NO. 2647
CONDITIONS OF APPROVAL
CASE NO: CUP 14-209
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. Any proposed change to CUP 14-209 will require an amendment, which will result in a
new public hearing.
6. All conduits running between the tower and equipment enclosure shall be installed
underground.
7. 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.
8. The telecommunication facility shall be designed as a single tower at 48 feet in height
and designed to resemble a canary palm (mono -palm).
9. The applicant shall remove three (3) existing fan palms and replace them with four (4),
new live canary palms, which stagger in heights that range between 25 and 40 feet.
10. 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.
G:\Planning\Monica OReilly\Planning Commission\2015\Resolutions\Res. No. 2647 CUP 14-209 Verizon Monopalm.docx
PLANNING COMMISSION RESOLUTION NO. 2647
DEPARTMENT OF PUBLIC WORKS:
11. The applicant shall locate the mono -palm and equipment shelter within their property
line and outside of all existing easements.
12. The City shall not issue any permits until the Parcel Map Waiver for the property has
been approved and recorded.
DEPARTMENT OF BUILDING AND SAFETY:
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
G:\Planning\Monica OReilly\Planning Commission \2015\Resolutions\Res. No. 2647 CUP 14-209 Venzon Monopalm.docx