HomeMy WebLinkAboutResolution 2011-05 Conditional Use Permit 09-236 - T-Mobile West CorporationCITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: APPROVAL OF A NEW 60' HIGH T-MOBILE MONO -PALM
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 &
655-230-019
SUBMITTED BY: Missy Grisa, Assistant Planner
APPLICANT: T-Mobile West Corporation
3257 E. Guasti Road, Suite 200
Ontario, CA 91761
CASE NO.: CUP 09-236
DATE: January 27, 2011
CONTENTS: Draft Resolution
Legal Notice
Description Letter
Architectural Review Commission Meeting Minutes and
Notice of Action
Planning Commission Meeting Minutes and Notice of Action
Photo Simulations
Design Development Drawings
Recommendation
Waive further reading and adopt Resolution No. 2011- 5 approving
CUP 09-236, subject to conditions.
Architectural Review Commission Recommendation
At its meetings of October 13, 2009, November 10, 2009, and December 14, 2010, the
Architectural Review Commission (ARC) reviewed the proposed project. The ARC
approved the initial application on October 13, 2009 with conditions, the applicant then
requested additional changes which were brought forth for review on November 10,
2009 and approved with additional conditions. The Commission granted the most
Staff Report
Case No. CUP 09-236
January 27, 2011
Page 2 of 5
recent approval by minute motion on December 14, 2010. The motion carried 7-0, with
the condition that the equipment enclosure be screened with landscaping should the
adjacent vacant land be developed.
Planninq Commission Recommendation
At its meeting of December 15, 2009, the Planning Commission reviewed the proposed
mono -palm. The Commission granted approval by minute motion, and the motion
carried 4-1, with Commissioner Limont voting no. Part of that approval required the
Planning Commission to grant an exception relative to separation distances between
residential zoned lands and commercial communication towers as listed in Chapter
25.104 of the Palm Desert Municipal Code. After the matter was called up by the City
Council in the appeal period, the applicant returned to Planning Commission on January
4, 2011 requesting approval of a new location within The Living Desert. The motion
carried 5-0 on January 4, 2011.
Executive Summary
Approval of the proposed Conditional Use Permit would allow the installation and operation
of a 60' tall mono -palm requested for a new telecommunications facility. The facility was
approved with conditions for its aesthetic and landscape impacts by the Architectural
Review Commission (ARC) at its December 14, 2010 meeting, and the Planning
Commission approved and adopted Resolution No. 2540, subject to conditions.
This project was previously approved by the Planning Commission; however, the City
Council called up the matter and continued it on January 14, 2010 to a date uncertain to
allow the applicant to propose a different location. It is now returning to the City Council with
a new location, as was directed.
Background
A. Property Location:
The property is located inside of The Living Desert, east of Portola Avenue, north of
Buckboard Trail, and west of the City of Indian Wells.
B. Zoning and General Plan Designation:
Zone: P, D Public Institution with a Drainage, Flood Plains, and
Watercourse zoning overlay district
General Plan: Public/ Quasi -Public Facilities
G \Planning\Missy Grisa\CUP\47-900 Portola Avenue\Counal Staff Report 2.doc
Staff Report
Case No. CUP 09-236
January 27, 2011
Page 3 of 5
C. Adjacent Zoning and Land Use:
North: O.S. Open Space / Haystack Natural Area
South: P, D Public Institution with a Drainage, Flood Plains, and
Watercourse zoning overlay district / The Reserve
East: Indian Wells
West: R-1 10,000, R-1, and P.R.-6, / Residential
PROJECT DESCRIPTION
The applicant proposes to install a new 60' tall mono -palm in an area inside of The Living
Desert. The leased area is located east of Portola Avenue, west of Indian Wells. The
equipment enclosure is sized at 17' by 20' totaling 340 square feet. All equipment is
surrounded by an 8' high block wall to match the adjacent buildings and walls on site. The
applicant is proposing the new mono -palm to coincide with a grove of live existing trees; no
new live palms are proposed as part of the submittal to disguise the wireless facility.
The Architectural Review Commission approved the project on December 14, 2010 with the
condition that should the adjacent vacant land be developed, it is understood that at that time
the equipment enclosure shall be screened with landscaping. At the January 4, 2011 Planning
Commission meeting, the applicant stated they plan to screen the equipment enclosure
immediately, so all necessary improvements will be in place at the time of project completion.
Analysis
Staff's main concern with the height of this mono -palm is the ability to disguise the structure
due to its proximity to residential areas and the ability to blend the mono -palm in with the
existing natural environment. The new proposed layout and location disguises the mono -
palm more effectively than the previous locations that were reviewed but ultimately not
approved. The new location places the wireless facility near an existing grove of live palm
trees, much further back from Portola Avenue and adjacent residences.
In the previous application, the Planning Commission was required to grant an exception of
the separation requirement of 300' from adjacent residences, but the new proposal places
the mono -palm over 600' from the nearest residence. The 60' height meets the standards in
Municipal Code Chapter 25.104 Commercial Communication Tower and Commercial
Antenna Regulations.
The City's Landscape Specialist and Public Works Department had no conditions or
comments regarding the new location. The Building and Safety Department had standard
conditions that the applicant will need to meet upon submittal of actual construction drawings.
The following findings respond to Palm Desert Municipal Code Chapter 25.104 Commercial
Communication Tower and Commercial Antenna Regulations:
GAPIanningUssy Gnsa\CUP\47-900 Portola Avenue\Councu Staff Report 2.doc
Staff Report
Case No. CUP 09-236
January 27, 2011
Page 4 of 5
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 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.
The proposed wireless communications mono -palm is located in an existing grove of
mature palm trees immediately adjacent the site, as seen in the submitted photo -simulation.
The ARC approved this request based on the surrounding terrain of existing landscaping,
with no additional landscaping required at this time. The proposed equipment has been
designed not to interfere with circulation or visual continuity of the grounds.
G TianningWissy Grisa\CUP\47-900 Portola Avenue\Council Staff Report 2 doc
Staff Report
Case No. CUP 09-236
January 27, 2011
Page 5 of 5
Environmental Review
The project is a Class 3 Categorical Exemption for the purposes of CEQA and no further
review is necessary.
Conclusion
Staff has determined that the proposed mono -palm would be compatible with adjacent
properties, is visually consistent with the site, and would create no adverse visual impact on
the area as conditioned by the Architectural Review Committee. The proposed 60' height
meets the standards in Municipal Code Chapter 25.104 Commercial Communication Tower
and Commercial Antenna Regulations.
The approval of a Conditional Use Permit to allow the installation of a 60' high mono -palm
and a 340 square foot equipment area would allow T-Mobile to expand its network of
telecommunications facilities in a manner consistent with current market demand.
Fiscal Analysis
There is no fiscal impact to the City associated with the approval of this project.
Submitted by:
Mi,96y Grisa, Assistant Planner
Ap
M. Wohlmuth, City Manager
Department Head:
r
Lauri Aylaian, Director of Community
Development
CITY COUNCILAC5TION
APPROVED DENIED
RECEIVED —OTHER
ABSTAIN: /\1
VERIFIED BY:
Original on File with City
GAPlanning\Missy Grisa\CUP\47-900 Portola Avenue\Council Staff Report 2.doc
Staff Report
Case No. CUP 09-236
January 27, 2011
Page 5 of 5
Environmental Review
The project is a Class 3 Categorical Exemption for the purposes of CEQA and no further
review is necessary.
Conclusion
Staff has determined that the proposed mono -palm would be compatible with adjacent
properties, is visually consistent with the site, and would create no adverse visual impact on
the area as conditioned by the Architectural Review Committee. The proposed 60' height
meets the standards in Municipal Code Chapter 25.104 Commercial Communication Tower
and Commercial Antenna Regulations.
The approval of a Conditional Use Permit to allow the installation of a 60' high mono -palm
and a 340 square foot equipment area would allow T-Mobile to expand its network of
telecommunications facilities in a manner consistent with current market demand.
Fiscal Analysis
There is no fiscal impact to the City associated with the approval of this project.
Submitted by:
or
Ai!�2
Mi y Grisa, Assistant Planner
.6
M. Wohlmuth, City Manager
Department Head:
Lauri Aylaian, Director of Community
Development
G.\Planning\Missy Gnsa\CUP\47-900 Portola Avenue\Council Stab Report 2.doc
CITY COUNCIL RESOLUTION 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
CITY COUNCIL 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 27th day of January, 2011, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
LAURI AYLAIAN, Secretary
Palm Desert City Council
JEAN M. BENSON, Mayor
E
CITY COUNCIL RESOLUTION NO. 2011-5
CONDITIONS OF APPROVAL
CASE NO. CUP 09-236
Department of Community Development:
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:
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
3
CITY COUNCIL 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
4
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Paul DPsi.ttr, CALIIUK\IA 9226o--,5 8
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CITY OF PALM DESERT
LEGAL NOTICE
CASE NO. CUP 09-236
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Palm Desert
City Council to consider a request by T-MOBILE WEST CORPORATION, for approval of
a conditional use permit to construct, operate, and maintain a 60' high mono -palm
wireless 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. The property is
located at 47-900 Portola Avenue.
SAID public hearing will be held on Thursday, January 27, 2010 at 4:00 p.m. in the
Council Chamber at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm
Desert, California, at which time and place all interested persons are invited to attend and
be heard. Written comments concerning all items covered by this public hearing notice
shall be accepted up to the date of the hearing. Information concerning the proposed
project is available for review in the Department of Community Development at the above
address between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. If you
challenge the proposed actions in court, you may be limited to raising only those issues
you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council at, or prior to, the public hearing.
PUBLISH: Desert Sun LAURI AYLAIAN, Secretary
January 15, 2010 Palm Desert Planning Commission
1
Monica Moretta
Applicant Representative
One Venture, Suite 200 Cab of psim Desntt
Irvine, CA 92618 ow"UraY "eat
NOV 19
2010 Authorized Agent for T-Mobile,
T-Mobile Project Number: IE04752-J
T-Mobile Project Name: Living Desert Palm Oasis
City of Palm Desert
Application for Conditional Use Application and Architectural Review
Project Information and Justification
T-Mobile West Corporation (T-Mobile) is requesting approval of a Conditional Use Application and
Architectural Review for the construction and operation of an unmanned wireless telecommunications
facility (cell site) in the Living Desert Zoo, and presents the following project information for your
consideration:
Project Location
Address: 47-900 Portola Ave.
APN: 630-250-045 & 655-230-019
Zoning: Public Institution -Drainage Flood Plains Watercourse (P-D)
Project Representative
Monica Moretta
One Venture, Suite 200- Irvine, CA 92618
Cell Phone: (949)241-0175
Fax: (949) 753-7203
E-mail: monica.moretta@sequoia-ds.com
T-Mobile Contact
Linda Paul, Real Estate and Zoning Manager
3257 E. Guasti Rd. #200
Ontario, CA 91761
909-975-3698
Project Description
cov of Patin DOW
OOMWWrIty Development
NOV k
The proposed installation consists of the installation and operation of six (6) new T-Mobile panel
antennas, one (1) GPS antenna, mounted to a new 60-foot wireless facility design as a palm tree with
conceal antennas. The proposed wireless facility is designed to fit within the existing palm trees located to
the north and west of the proposed facility location. The three (3) panel antennas will be divided into
three (3) sectors consisting of one (1) antenna each.
The project will also consist of the installation and operation of four (4) new T-Mobile equipment radio
cabinets inside a new 8-foot block wall design to match the wall material and color found adjacent to the
facility location. This location is best suited for the facility because it provides sufficient space for the
equipment and access to the site. Coaxial cable will be run underground from the equipment location to
the pole footing, and from there it will be routed to the antennas in the interior of the pole. Similar design
has been approved in the City of Palm Desert without any adverse aesthetic impact.
Project Objectives
Rev. 4/7/2010
There are several reasons why a wireless carrier requires the installation of a cell site within a specified
area to close a "significant gap in coverage:"
The radio signal must be of sufficient strength to achieve consistent, sustainable, and reliable
service to customers at a level sufflicient for outdoor, in -vehicle, and in -building penetration with
good voice quality (Threshold,-76db).
When nearby other sites become overloaded, and more enhanced voice and data services are used
QG and other high-speed data services) signal contracts and a gap is created. With heavy use it is
intensified due to the unique properties of digital radio transmissions.
This location was selected because T-Mobile's radio -frequency engineers (RF) have identified a
significant gap in radio -signal in the vicinity of the intersection of Portola Road and Haystack Road, and
further north along Portola Road and Marrakesh Road. Further, an existing T-Mobile facility located
approximately two -miles to the southwest and to northeast, is approaching capacity due to heavy call
volume from residential uses and regular traffic call from major arterial roads. This new facility will off-
load that congested sites and improve call efficiency in that area. T-Mobile relocated the proposed facility
due to the City Council's request, and at the new location the facility will still provide the needed service
to the target area.
Alternative Site Analysis
T-Mobile representatives assess the target area for properties with suitable conditions for the proposed
facility within the target area. Therefore, the following locations were evaluated as possible locations for
the facility:
• Marrakesh Country Club located at 47-001 Portola Drive - Upon investigating the use of the roof
of the existing building, it was determined that it would not be structurally capable of supporting
the installation.
• Marrakesh Maintenance Yard located south of the club house was rejected after the property
owners decided not to proceed with the project.
• The Living Desert Hospital Maintenance Yard located in the City of Indian Wells - a ground
build facility will not be allowed under current city codes in the existing zone.
• The Living Desert ground build facility proposal located immediately south of Haystack Road -the
Planning Commission approved the facility, but due to an appeal the City Council requested to
relocate the facility. The new location has been selected with the assistance of the property owner
and one of the Planning Commissioners.
Automatically eliminated from consideration were any locations where unfavorable zoning exists, there is
no suitable space available, and development standards cannot be met, or are owned by parties that are
uninterested in entering into a lease agreement with T-Mobile.
Findings/Burden of Proof
The .site for the proposed use is adequate in size and shape.
The proposed site location is in an area not used by the Living Desert and approximately 626 ft. from
Portola Avenue, and it offers easy access from the parking lot for maintenance visits without require a
separate entrance. The site location provides with the necessary infrastructure to serve the proposed
facility. Power and telephone connections will be routed underground from existing utility service points
to the equipment location.
The proposed site location, and equipment will not block pedestrian or vehicular circulation. Existing
access is adequate in serve the proposed facility. The proposed facility will not impact development of the
surrounding area. The proposed facility should not generate a significant amount of traffic. Once
Rev. 4/7/2010
construction is complete the facility will only require one maintenance visit per month by a technician in
a light truck or van. No part of the project will impact circulation on or off the street.
The proposed its will not have an adverse ejfect upon adjacent or abutting properties.
The proposed project will be unoccupied, only require a single maintenance visit per month and utilize
existing roads for access. The project will make negligible noise that is most often less than the ambient
noise level of the area surrounding the equipment. The Base Transceiver Station radio equipment will be
inside of a block enclosure and will not be visible to the general public. The proposed antennas will be
concealed inside of a trunk of the facility; therefore, the antennas would not be noticeable from any public
views. The existing mature palm trees provide concealment of the facility from the parking lot, and public
views. Additionally, existing wireless facilities is design with a similar design as other wireless facilities
currently operating in the City of Palm Desert without any adverse effect to surrounding developments.
The proposed use is deemed essential and desirable to the public convenience or welfare.
The facility is designed to have the least possible visual impact on the surrounding areas. To best meet the
code requirements, T-Mobile is proposing a concealed design in which the antennas will be completely
hidden from view. T-Mobile's facility is surrounded by mature trees and additional landscaping is not
proposed because the existing trees already provide the necessary concealment. The combination of these
design elements creates a "minor facility" design, and the lease area will not require the removal or
replacement of any of the existing trees. The proposed project is consistent the code requirements of
wireless telecommunications facilities in the City of Palm Desert.
GENERAL. INFORMATION
Site Selection
Customer demand drives the need for new cell sites. Data relating to incomplete and dropped calls is
gathered, drive -tests are conducted, and scientific modeling using sophisticated software is evaluated.
Once the area requiring a new site is identified, a target ring on a map is provided to a real estate
professional to begin a search for a suitable location.
During an initial reconnaissance, properties for consideration for the installation of a cell site must be
located in the general vicinity of the ring, with an appropriate zoning designation, and appear to have
enough space to accommodate an antenna structure and the supporting radio equipment. The size of this
space will vary depending on the objective of the site. The owners of each prospective location are
notified to assess their interest in partnering with T-Mobile.
Four key elements are considered in the selection process:
• Leasing: The property must have an owner who is willing to enter into a long-term lease
agreement under very specific terms and conditions.
• Zoning: It must be suitably zoned in accordance with local land -use codes to allow for a
successful permitting process.
• Construction: Construction constraints and costs must be reasonable from a business perspective,
and the proposed project must be capable of being constructed in accordance with local building
codes and safety standards.
• RF: It must be strategically located to be able to achieve the RF engineer's objective to close the
significant gap with antennas at a height to clear nearby obstructions.
The Benefits to the Community
Approximately 90-percent of American adults subscribe to cell phone service. People of all ages rely
increasingly on their cell phones to talk, text, send media, and search the Internet for both personal and
Rev. 4/7/2010
business reasons. More and more, they are doing these things in their homes, therefore, becoming reliant
on adequate service within residential neighborhoods. In fact, 50-percent of people relocating are not
signing up for landline service at their new location and are using their cell phone as their primary
communication method.
The installation and operation of the proposed facility will offer improved:
• Communications for local, state, and federal emergency services providers, such as police, fire,
paramedics, and other first -responders.
• Personal safety and security for community members in an emergency, or when there is an urgent
need to reach family members or friends. Safety is the primary reason parents provide cell phones
to their children. Currently 25% of all preteens, ages 9 to 12, and 75% of all teens, aged 13 to 19,
have cell phones.
• Capability of local businesses to better serve their customers.
• Opportunity for a city or county to attract businesses to their community for greater economic
development.
• Enhanced 911 Services (E911) — The FCC mandates that all cell sites have location capability.
Effective site geometry within the overall network is needed to achieve accurate location
information for mobile users through triangulation with active cell sites. (Over half of all 911
calls are made using mobile phones.)
Safety — RF is Radio
The FCC regulates RF emissions to ensure public safety. Standards have been set based on peer -reviewed
scientific studies and recommendations from a variety of oversight organizations, including the National
Council on Radiation Protection and Measurements (NCRP), American National Standards Institute
(ANSI), Institute of Electrical and Electronics Engineers (IEEE), Environmental Protection Agency
(EPA), Federal Drug Administration (FDA), Occupational Safety and Health Administration (OSHA),
and National Institute for Occupational Safety and Health (NIOSH).
Although the purview of the public safety of RF emissions by the FCC was established by the
Telecommunications Act of 1996, these standards remain under constant scrutiny. All T-Mobile cell sites
operate well below these standards, and the typical urban cell site operates hundreds or even thousands of
times below the FCC's limits for safe exposure.
T-Mobile Company Information
T-Mobile is one of the fastest growing nationwide service providers offering all digital voice, messaging
and high-speed data services to nearly 30 million customers in the United States.
T-Mobile is a "telephone corporation", licensed by the Federal Communications Commission (FCC) to
operate in the 1950.2-1964.8, 1965.2-1969.8 MHz and 1870.2-1884.8-1889.8 MHz frequencies, and a
state -regulated Public Utility subject to the California Public Utilities Commission (CPUC). The CPUC
has established that the term "telephone corporation" can be extended to wireless carriers, even though
they transmit signals without the use of telephone lines.
T-Mobile will operate this facility in full compliance with the regulations and licensing requirements of
the FCC, Federal Aviation Administration (FAA) and the CPUC, as governed by the Telecommunications
Act of 1996, and other applicable laws.
The enclosed application is presented for your consideration, and T-Mobile request a favorable
determination and approval of a Conditional Use Permit and Architectural Design Review application to
build the proposed facility. Please contact me at (949) 241-0175 for any questions or requests for
additional information.
Rev. 4/7/2010
Respectfully submitted,
�1I
Monica Moretta
Authorized Agent for T-Mobile
Rev. 4/7/2010
1,
7 3-5 10 FRED W%R[N(; DRIVE
PM.m DESERT, CALIFORNIA o 2 26o- 2;-78
TEL: 760 346—o6 i i
F,%x:760 341-7oo8
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December 16, 2010
ARCHITECTURAL REVIEW COMMISSION ACTION
CASE NO: CUP 09-236
APPLICANT (AND ADDRESS): T-MOBILE WEST CORPORATION, 3257 E.
Guasti Road, Ste 2100, Ontario, CA 91761
NATURE OF PROJECT/APPROVAL SOUGHT: Approval to construct a 60' ft high
monopalm wireless telecommunication facility; Living Desert.
LOCATION: 47-900 Portola Avenue
ZONE: P
upon reviewing the plans ana presentations submittea oy starr ana oy the
applicant, the Architectural Review Commission granted approval subject to the
condition that should the adjacent vacant land be developed, it is understood that
at that time the equipment enclosure shall be screened with landscaped.
Date of Action: December 14, 2010
Vote: Motion carried 7-0
(An appeal of the above action may be made in writing to the City Clerk of the
City of Palm Desert within fifteen (15) days of the date of the decision. Any
amendments to this approved plan would need to be re -submitted to Commission
for approval.)
STAFF COMMENTS: It is your responsibility to submit the plans approved
by the Architectural Review Commission to the Department of Building
and Safety.
ARCHITECTURAL REVIEW COMMISSION
MINUTES December 14, 2010
4. CASE NO: CUP 09-236
APPLICANT (AND ADDRESS): T-MOBILE WEST CORPORATION,
3257 E. Guasti Road, Ste 2100, Ontario, CA 91761
NATURE OF PROJECT/APPROVAL SOUGHT: Approval to construct
a 60' ft high monopalm wireless telecommunication facility; Living
Desert.
LOCATION: 47-900 Portola Avenue
ZONE: P
Ms. Grisa presented the project and stated this is an approval of a
60' high monopalm which has come to the ARC twice before. It
was originally located just east of Portola and south of the main
entrance then it moved to the maintenance yard and now is
proposed to be located immediately adjacent another maintenance
yard. It will be placed in an existing grove of palm trees, however it
sticks up higher than the existing palms because they need the
clearance to maintain service. She stated that even though it
sticks out there is nothing back in that area at this point and it
blends in from the main street. This was originally approved at
Planning Commission for the first location, but it was called up by
City Council. f The concern was that it was too close to Portola and
to the adjacent residences. She stated that 60' does meet code
and staff recommends approval of this location.
Commissioner Levin referred to the rendering and asked what the
equipment was about half way down on the palm and Ms. Monica
Moretta, representative stated that this was the microwave dish.
Commissioner Levin asked if the dish would be on the back side of
the palm as you were driving into the Living Desert and Ms.
Murietta stated that was correct.
The Commission discussed the type of palms surrounding the
monopalm and Commissioner Gregory didn't have any concerns.
Commissioner Touschner had a concern with the enclosure around
the monopalm. Right now there is nothing back there, but
eventually some day there will be and it will need to be better
hidden. Ms. Moretta stated they are not opposed to putting some
type of vine on the wall to camouflage it.
G \Planning\Janine Judy\Word Files\A Minutes\2010\AR101216mm doc Page 7 of 9
ARCHITECTURAL REVIEW COMMISSION
MINUTES December 14, 2010
The Commissioners discussed the growth of the trees.
Commissioner Van Vliet asked if they could integrate the
microwave dish into the trunk to make it less visible. Ms. Moretta
stated they were unable to do that because of how the antennae
are placed on this palm. Commissioner Van Vliet felt this was not
an appropriate spot for the palm and was surprised that the Living
Desert is promoting it.
ACTION:
Commissioner Gregory moved and Commissioner Touschner seconded, to
grant approval subject to the condition that should the adjacent vacant land
be developed, it is understood that at that time the equipment enclosure
shall be screened with landscaped. Motion carried 6-1-0-0, with
Commissioner Van Vliet voting NO.
NOTE:
Staff requested that an additional item be added to the agenda. Commission
concurred. Commissioner Vuksic moved and Commissioner Lambell seconded.
Motion carried 7-0.
5. CASE NO: MISC 10-377
APPLICANT (AND ADDRESS): RIGOBERTO GARCIA
GONZALEZ, 73-325 Highway 11 f, Palm Desert, CA 92260
z
NATURE OF PROJECT/APPROVAL SOUGHT: Approval of new
exterior paint colors; Fresh Agave.
LOCATION: 73-325 Highway 111
ZONE: C-1
Mr. Bagato stated that the applicant has changed their exterior
colors again and presented samples to the Commission and
described where the two colors would be located. The Commission
felt these colors were much better.
ACTION:
Commissioner Stendell moved and Commissioner Levin seconded, to grant
approval of new exterior colors Venturina AF-445 and Kona AF-165. Motion
carried 7-0.
G:`,PlanningUanine Judy\Word Res\A Minutes\2010WR101214min.doc Page 8 of 9
-> > u FRED WARI\G DRIVE
TEL: 760 346—o6i i
FAX: 760 34 t -- o98
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PLANNING COMMISSION MEETING
NOTICE OF ACTION
Date: January 5, 2011
T-Mobile West Corporation
3257 E. Guasti Road, Ste. 200
Ontario, CA 91761
Re: Case No. CUP 09-236
The Planning Commission of the City of Palm Desert considered your request and took
the following action at its regular meeting of December 21, 2010:
THE PLANNING COMMISSION APPROVED CASE NO. CUP 09-236 BY
ADOPTION OF PLANNING COMMISSION RESOLUTION NO. 2540,
SUBJECT TO CONDITIONS. MOTION CARRIED 5-0.
Any appeal of the above action may be made in writing to the City Clerk, City of Palm
Desert, within fifteen (15) days of the date of the decision.
Lauri Aylaian, Secretary
Palm Desert Planning Commission
Ab
cc: Coachella Valley Water District
Public Works Department
Building & Safety Department
Fire Marshal
File
MINUTES
PALM DESERT PLANNING COMMISSION- JANUA Y4.2011
Request for approval of the December 21, 2010, meeting minutes.
Action:
Commissioner Tanner moved and Commissioner Schmidt seconded the
approval of the December 21, 2010 meeting minutes. Motion carried
unanimously 5-0.
VII. CONSENT CALENDAR
NONE
Vill. PUBLIC HEARINGS
Chair Limont stated that anyone who challenges any hearing matter in
court may be limited to raising only those issues he, she or someone else
raised at the public hearing described herein, or in written correspondence
delivered to the Planning Commission at, or prior to, the public hearing.
A. Case No. CUP 09-236 Omnipoint Communications Inc. A
subsidiary of T-Mobile USA. Inc., Applicant.
Approval to construct, operate and maintain a new 60' high T-Mobile
mono -palm wireless telecommunications facility consisting of six panel
antennas, two GPS antennas, one emergency generator, one
parabolic antenna, six 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: 630-250-045.
Assistant Planner Missy Grisa orally presented the proposed project to
the Planning Commission. She showed Power Point slides of the
location and renderings of what the site would look like with the tower.
She mentioned that the CUP was approved by the Architectural
Review Committee (ARC) with conditions for aesthetic and landscape
impacts. It was called up by the City Council in early January 2010
after being approved by the Planning Commission. The City Council
called up the matter and continued it to a date uncertain to give the
applicant time to propose a new location that wasn't as close to
residences as was their previous proposal. The previous location was
well within 300' of adjacent residential neighbors, whereas the new
site is over 700' from the nearest residence.
The ARC approved the new proposed location which is next to vacant
land within the Living Desert, with the condition that the applicant
MINUTES
PALM DESERT PLANNING•IlIl •\ \ i ' 1
screen the equipment enclosure with landscaping should that adjacent
vacant land be developed. The applicant has chosen to be proactive
by landscaping the equipment enclosure now, rather than wait for the
land to be developed.
The proposal allows for a 60' mono -palm to be installed next to a
grove of existing palm trees. The new location next to the grove will
not affect existing landscaping. The equipment enclosure is a 17' x 20'
space with 8' high block walls that would match the existing walls of
nearby buildings. Staff sent notices to nearby neighbors and
businesses and received no feedback either in favor of or opposition
to this project.
Ms. Grisa entertained Commission questions.
Commissioner De Luna began by asking how tall above the grove
would the tower be. Ms. Grisa stated that the tower would be about 15'
higher than the grove of trees: some of which are 45' high now.
Commissioner De Luna followed up by asking about the growth rate of
the trees, and is staff convinced that at its present design, the tower
wouldn't be a behemoth above the grove? Ms. Grisa indicated that
staff isn't concerned about the height because staff realizes that the
tower needs to be higher than the grove to maintain a certain amount
of signal quality. As the [live] palm trees grow closer to the tower
height, the live palm trees would have to be replaced with shorter
trees, whereas the tower will always remain the same height.
Commissioner De Luna asked who would be in charge of maintaining
the live trees. Ms Grisa said that the Living Desert would maintain
them. The applicant, however, would be responsible for maintaining
the landscaping around the equipment enclosure.
Commissioner Tanner commented that the only entity that this would
have a negative effect on would be the Living Desert and they haven't
offered any objection to it. He confirmed with Ms. Grisa that the Living
Desert has had no objections. She confirmed that neither the Living
Desert nor the City of Indian Wells had communicated any objection to
this tower.
Commissioner Schmidt voiced her concern about the area around the
tower and the amount of undergrounding that would be required to
connect the tower to T-Mobile's cables outside of the facility. By her
calculations, that is nearly 600' of undergrounding that would disturb
existing landscaping and root systems of existing trees. Her question
is who would be responsible for that? Ms. Grisa stated that the City's
3
MINUTES
PALM DESERT PLANNING COMMISSION JANUARUA
landscaping department would oversee any changes that would be
made at the Living Desert, but that the applicant would be responsible
for replacing any dead landscaping with in -kind landscaping should
the need arise.
Commissioner Limont declared the public hearing open.
Ms. Monica Moretta of the T-Mobile West Corporation, 1 Winters. Ste.
100, Irvine, CA 92218 stepped up to the podium and stated to the
Commission that T-Mobile reviewed the staff report and asked that
they be allowed to install the landscaping around the equipment
enclosure at this time, instead of waiting for a future date. She stated
that T-Mobile is happy and willing to abide by all the conditions placed
on them by the City of Palm Desert. She offered to answer any
questions.
Hearing no other comments, Commissioner Limont declared the
public hearing closed and asked for Commissioner Comments.
Commissioner Campbell stated that seeing and hearing no
complaints, she'd move for approval. Commissioner Tanner seconded
the motion.
Commissioner Schmidt wanted to make mention that everyone
worked very hard for this and did a superb job on the project. She
stated that she realized that no site was any better than another at this
point, and the service is certainly needed in that area, so having the
tower would improve service for people's benefit. With that, she stated
that she is in favor of this project. Commissioner Limont concurred
and thanked the Living Desert for their assistance with this matter.
Action:
Commissioner Campbell moved and Commissioner Tanner seconded the
motion to approve case CUP 09-236 with conditions. The motion carried for
approval 5-0.
Commissioner Campbell moved and Commissioner Tanner seconded
adopting Planning Commission Resolution No. 2540, recommending
approval of CUP 09-236 with conditions. Motion carried 5-0.
B. Villa Portofino
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