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HomeMy WebLinkAboutRes No 27481 1 1 PLANNING COMMISSION RESOLUTION NO. 2748 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, CONSIDERING APPROVING A CONDITIONAL USE PERMIT FOR AT&T MOBILITY TO INSTALL A TWO -SECTOR WIRELESS FACILITY ON THE ROOFTOP OF THE STEAKHOUSE BUILDING AT BIGHORN GOLF CLUB LOCATED ON THE CANYONS SIDE AT 312 CANYON DRIVE, AND ADOPTION OF A NOTICE OF EXEMPTION IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) CASE NO: CUP 18-0006 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of February 2019, hold a duly noticed public hearing to consider the request by AT&T Mobility for approval of the above -noted project request; and WHEREAS, the Architectural Review Commission of the City of Palm Desert, California, did on the 27th day of November 2018, hold a public hearing to consider the request by AT&T Mobility, and recommended approval of the above -noted project request; 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, a 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. 2015-75, in that the Director of Community Development has determined that the project will not have a negative impact on the environment and that a Notice of Exemption can be adopted; and WHEREAS, the proposed project conforms to the Telecommunications Act; and WHEREAS, the project conforms with the Palm Desert Municipal Code in regard to telecommunication facilities; and WHEREAS, at the said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, the Planning Commission did find the following facts and reasons, which are outlined in the staff report, exist to justify approval of said request: FINDINGS FOR APPROVAL: Pursuant to the Telecommunications Act, wireless facility applications are evaluated on two fundamental questions: 1) Is there a significant gap in coverage; and 2) Is the proposed location and design the least intrusive solution? PLANNING COMMISSION RESOLUTION NO. 2748 Is there a Significant Gap in Coverage? The coverage maps provided by the applicant show a coverage gap in the vicinity of its proposed facility. The proposal to install telecommunication antennas at this location will provide better service for residents within the area. Is this Design and Location the Least Intrusive Solution? The antennas will be mounted on the rooftop of The Steakhouse building, minimizing visual impacts, and the design and location have been arranged so that the facility, including the antennas, will be screened from public view. The homeowners' association has also approved the wireless facility. This design and concept are far less obstructive than a mono -palm would be in the area. 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. The applicant has provided a justification letter and coverage map indicating the locations of existing telecommunication sites in the area. There are no existing sites in the vicinity, and there is a coverage gap in this area. 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. There are multiple homes within BIGHORN that are within the 300-foot separation requirements. Although the communication facility is within the required separation distance, the ARC and Planning Commission (PC) may allow for exceptions to this requirement if the facility is appropriately designed. Staff supports an exception to the separation requirements as the proposed wireless facility on the rooftop of The Steakhouse will minimize visual impacts, and the design and location have been arranged so that the facility, including the antennas, will be screened from public view. The Homeowner's Association has also approved the wireless facility. This design and concept are far less obstructive than a mono -palm would be 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 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. 2 PLANNING COMMISSION RESOLUTION NO. 2748 1 1 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER 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 approve the project as proposed. PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of Palm Desert, California, at its regular meeting held on the 5th day of February 2019, by the following vote, to wit: AYES: DE LUNA, GREENWOOD, GREGORY, and PRADETTO NOES: NONE ABSENT: HOLT ABSTAIN: NONE ATTEST: aidEore RYAN STENDELL, SECRETARY PALM DESERT PLANNING COMMISSION ti\ N GREGORY, H IR 3 PLANNING COMMISSION RESOLUTION NO. 2748 CONDITIONS OF APPROVAL CASE NO: CUP 18-0006 DEPARTMENT OF COMMUNITY DEVELOPMENT: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, 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 the approved project and all Palm Desert 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 or structure contemplated by this approval, the applicant shall first obtain permits and/or clearance from the following agencies: Coachella Valley Water District (CVWD) Public Works Department Fire 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. The 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. All antennas and rooftop equipment shall be screened from public view. BUILDING AND SAFETY DEPARTMENT: 6. This project shall comply with the latest adopted edition of the following codes. A. 2016 California Building Code and its appendices and standards. B. 2016 California Residential Code and its appendices and standards. C. 2016 California Plumbing Code and its appendices and standards. D. 2016 California Mechanical Code and its appendices and standards. E. 2016 California Electrical Code. F. 2016 California Energy Code. G. 2016 California Green Building Standards Code. H. Title 24 California Code of Regulations. I. 2016 California Fire Code and its appendices and standards. 7. 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. 4 PLANNING COMMISSION RESOLUTION NO. 2748 1 1 8. Address numerals shall comply with Palm Desert Ordinance No. 1265 (PDMC 15.28. Compliance with Ordinance 1265 regarding street address location, dimension, a stroke of line, distance from the street, height from grade, height from the 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. 5