HomeMy WebLinkAboutCC RES 2011-05RESOLUTION NO. 2011-5
APPROVAL OF A NEW 60' HIGH MONOPALM T-MOBILE
TELECOMMUNICATIONS FACILITY CONSISTING OF SIX PANEL
ANTENNAS, ONE GPS ANTENNA, ONE EMERGENCY
GENERATOR, ONE PARABOLIC ANTENNA, FOUR BTS RADIO
CABINETS, COAXIAL CABLE RUNNING FROM THE ANTENNAS
TO THE BTS, POWER AND TELCO UTILITY CONNECTION TO BE
INSTALLED AT 47-900 PORTOLA AVENUE, APN'S: 630-250-045
AND 655-230-019
CASE NO. CUP 09-236
WHEREAS, the City Council of the City of Palm Desert, California, did on the 27th day of
January, 2011, hold a duly noticed public hearing to consider the request by T-Mobile West
Corporation, for the above noted Conditional Use Permit; and
WHEREAS, said application has complied with the requirements of the "City of Palm Desert
Procedure for Implementation of the California Environmental Quality Act", Resolution No. 10-26, in
that the Director of Community Development has determined that the project is a Class 3
Categorical Exemption for purposes of CEQA and no further documentation 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 City Council did find the
following facts and reasons to exist to justify approval of said request:
A. Findings of Approval:
Findings for the approval of commercial communication towers are stated in Municipal
Code Section "25.104.030 Permitted Commercial Communication Towers and
Commercial Communication Antennas in Zoning Districts of City." As such, new
freestanding commercial communication towers/commercial communication antennas
shall not be allowed unless the applicant substantiates to the satisfaction of the City
Council:
a. 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.
A project description letter has been submitted by the applicant and
attached to the staff report to provide documentation as to the service need
in the proposed service area. A propagation study was undertaken to
analyze the optimum placement for the cellular panels. It was concluded
that the area had low to no service and the proposed facility was necessary
to off-load congested sites.
b. 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
RESOLUTION NO. 2011-5
characteristics of the Coachella Valley make it difficult to cover even with
multiple sites.
c. That the applicant shows compelling technological or economic reason(s)
for requiring a new freestanding facility.
The technological and economic reasons are stated in the project
description letter submitted for the Council's review and attached for the
record. Existing coverage in the area is inadequate for existing customers.
The proposed communication tower will allow for better service and create a
larger network leading to increased clientele. The applicant has enclosed a
copy of their existing coverage map and a new coverage map based on the
new wireless site.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert,
California, as follows:
1. That the above recitations are true and correct and constitute the findings of the
Commission in this case.
2. That approval of Conditional Use Permit 09-236 is hereby granted, subject to the
attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on the 279' day of January, 2011, by the following vote, to wit:
AYES: FINLAti , BARNIK, KROONEN, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RACBELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
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Al-r,--/k_i
EAN M. BENSON-, Mayor
RESOLUTION NO. 2011-5
CONDITIONS OF APPROVAL
CASE NO. CUP 09-236
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file to the
department of community development/planning, as modified by the following
conditions.
2. Construction of a portion of said project shall commence within one year from the date
of final approval unless an extension of time is granted; otherwise said approval shall
become null, void and of no effect whatsoever.
3. 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.
4. 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:
Planning Department
Public Works Department
Evidence of said permit or clearance from the above agencies shall be presented to
the Department of Building and Safety at the time of issuance of a building permit for
the use contemplated herewith.
5. That where co -location may effectively be accomplished without violation of the
provisions of proposed Municipal Code Chapter 25.104 and without reasonable
interference with applicant's existing use, applicant shall allow third party co -location
onto the tower erected under this permit.
6. Applicant agrees to install landscaping upon development of adjacent land as required
pursuant to this condition. All to be consistent with the Property Maintenance Ordinance
(Ordinance No. 801) and the approved landscape plan.
Department of Building and Safety:
1. Project must conform to the current State of California Codes adopted at the time of
plan check submittal. The following are the codes enforced at this time:
2007 CALIFORNIA BUILDING CODE (Based on 2006 IBC)
2007 CALIFORNIA MECHANICAL CODE (Based on 2006 UMC)
2007 CALIFORNIA ELECTRICAL CODE (Based on 2005 NEC)
2007 CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE
2007 CALIFORNIA FIRE CODE
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RESOLUTION NO. 2011-5
*The 2010 California Codes are applicable if the plans are submitted for plan review
after December 31, 2010.
2. 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.
3. All 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.
4. Please contact Debbie Le Blanc, Land Management Specialist, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and/or
suites
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