HomeMy WebLinkAboutCC RES 2013-19RESOLUTION NO. 2013 -19
A RESOLUTION OF THE CITY COUNCIL OF PALM DESERT,
CALIFORNIA, CONSIDERING AN APPEAL OF THE PLANNING
COMMISSION ACTION APPROVING CONDITIONAL USE PERMIT (CUP)
12-231 ALLOWING A NEW VERIZON 68-FOOT WIRELESS
TELECOMMUNICATIONS MONO -PALM AND NEW EQUIPMENT SHELTER
LOCATED AT TEMPLE SINAI AT 73251 HOVLEY LANE WEST.
CASE NO: CUP 12-231
WHEREAS, the City Council of the City of Palm Desert, Califomia, did on the 9th day
of May 2013, hold a duly noticed public hearing to consider the request by Verizon Wireless
for approval of the above noted; and
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on
the 19th day of March 2013, hold a duly noticed public hearing to consider the request by
Verizon Wireless for approval of the above noted; and
WHEREAS, according to the Califomia 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. Further review from a non-exempt project would result
in a Negative Declaration, a Mitigated Negative Declaration or an Environmental Impact
Report (EIR). Generally, an EIR must be prepared if a project may have a significant
impact on the environment. The said application has complied with the requirements of the
"City of Palm Desert Procedure for Implementation of the Califomia Environmental Quality
Act," Resolution No. 2012-20, in the Director of Community Development has determined
that the proposed project is a Class 3: New Construction or Conversion of Small
Structures (15303) 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 City Council did find
the following facts and reasons to exist to approve the said request:
Findings for Approval:
Pursuant to the Telecommunications Act, wireless facility applications are evaluated
based on two fundamental questions.
1. Is there a significant gap in coverage?
2. Is the proposed location and design the least intrusive available solution?
RESOLUTION NO. 2013 - 19
Is there a Significant Gap in Coverage?
The proposed wireless telecommunication facility is located within a Planned
Residential zone. The proposed 68-foot tall mono -palm is to enhance wireless
telecommunications services within the general vicinity. Coverage areas must be
improved and network capacity expanded to handle the growing number of calls and
wireless data usage. The coverage map illustrates that there is a significant gap in
coverage in this vicinity.
Is this Design and Location the Least Intrusive Available Solution?
Throughout the City of Palm Desert there are a number of mono -palms ranging in
size from 60 to 75 feet in height, especially in south Palm Desert. The site itself is
landscaped and located 226 to 480 feet away from any residential homes. The 68-
foot tall mono -palm design, with existing palm trees will adequately camouflage the
mono -palm to mitigate any negative aesthetic concems. The applicant originally
proposed the mono -palm closer to Hovley Lane West, which is closer to the
residential homes to the west. Staff expressed concems with the original location
because it would have been more visually intrusive to the residents, and motorists.
The Planning Commission believes that this is the least intrusive location at this
property.
Additional 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 Planning Commission:"
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 needed in the
proposed service area. A propagation study was undertaken to analyze the
optimum placement for the 12 cellular panels. It was concluded that the area
had low service and the proposed facility was necessary to off-load congested
sites, to provide phone service for users within the area, and to provide carriers
with expanded services.
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 the 68-foot mono -palm height is the result of a computer
analysis of service coverage requirements for Southern California and the
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RESOLUTION NO. 2013 - 19
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United States. Topography (both natural and man-made) and vegetation
characteristics of the Coachella Valley make it difficult to cover the proposed
service area 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 Planning Commission's review and attached for the
record. Existing coverage in the area is inadequate for existing customers. The
proposed wireless telecommunication facility disguised as a 68-foot tall mono -
palm would allow for better service, and provide expanded services. The
applicant has enclosed a copy of their existing coverage map based on the new
wireless site, along with a letter of site justification.
NOW, THEREFORE, THE CITY COUNCIL 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
City Council in this case.
2. That the City Council does hereby recommend approval of CUP 12-231, subject
to conditions.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, Califomia, at its regular meeting held on the 9th day of Mav 2013, by the following
vote, to wit:
AYES: BENSON, SPIEGEL, TANNER, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RACELLE KLASSEN, CITY CLERK
.w. CITY OF PALM DESERT, CALIFORNIA
d„P,,LAzz,
/AN C. HARNIK, MAYOR
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RESOLUTION NO. 2013 - 19
CONDITIONS OF APPROVAL
CASE NO: CUP 12-231
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:
Coachella Valley Water District
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. 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.
5. 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.
6. Any proposed change of this Conditional Use Permit will require an amendment, which
will result in a new public hearing.
7. Improvements that are not on the approved site plan may be subject to additional
requirements and plan submittals by the Public Works Department.
8. The lease agreement for the 68-foot mono -palm must be in place prior to installation.
9. The applicant must remove the existing 50-foot middle palm tree and replace it with the
68-foot Verizon mono -palm, and install three to five live palm trees that vary in height
from 35 feet to 50 feet around the mono -palm. The applicant may use the 50-foot palm
tree that's being removed as one of the additional live palm trees. The applicant must
work with staff and the residents in placing the live palm trees.
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RESOLUTION NO. 2013 - 19
10. The roof and outside walls of the equipment shelter must match the existing building.
11. The equipment shelter building pad must be raised six inches to match top of parking
lot curb.
12.A landscape planter must be added around the equipment shelter. The landscape
plans must be approved by the Landscape Specialist before issuance of building
permits.
13.The construction drawings must come back to the ARC for final approval. The air
conditioning units must be shown on the construction plans.
14. This project shall comply with the latest adopted edition of the following codes:
A. 2010 Califomia Building Code and its appendices and standards.
B. 2010 Califomia Plumbing Code and its appendices and standards.
C. 2010 Califomia Mechanical Code and its appendices and standards.
D. 2010 Califomia Electrical Code.
E. 2010 Califomia Energy Code.
F. 2010 Califomia Green Building Standards Code
G. Title 24, Califomia Code of Regulations.
H. 2010 Califomia Fire Code and its appendices and standards.
15.AII contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per Palm desert Municipal Code, Title 5.
16.AII 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
Califomia Labor Code, Section 3700.
17.Address numerals shall comply with Palm Desert Ordinance No. 1217 (Palm Desert
Municipal Code 15.15. Compliance with Ordinance 1217 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 1217 or Municipal Code Section 15.28
from the Department of Building and Safety counter staff.
18. Please contact Cherie Williams, Building and Safety Technician, at the Department of
Building and Safety (760-776-6420) regarding the addressing of all buildings and/or
suites.
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