HomeMy WebLinkAboutRes No 1766PLANNING COMMISSION RESOLUTION NO. 1766
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
REQUEST BY PACIFIC BELL MOBILE SERVICES FOR A 60
FOOT HIGH WIRELESS COMMERCIAL COMMUNICATION TOWER
AND ANTENNAS IN A LANDSCAPED ISLAND IN THE
INDUSTRIAL ZONE AT 77-530 ENFIELD LANE.
CASE NO. CUP 96-25
WHEREAS, the Planning Commission of the City of Palm Desert,
California, did on the 1st day of October, 1996, hold a duly noticed
public hearing to consider the request of PACIFIC BELL MOBILE SERVICES
for approval of a conditional use permit to install a 60 foot high
wireless commercial communication tower and antennas in a landscape
island in the industrial zone at 77-530 Enfield Lane; 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. 95-105," in that the Director
of Community Development has determined that the project is a Class 3
categorical exemption for the purposes of CEQA; 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 to exist to justify the granting of said conditional use
permit:
1. The proposed location of the conditional use is in accord
with the objectives of the Zoning Ordinance and the purpose
of the district in which the site is located.
2. The proposed location of the conditional use and the
conditions under which it will be operated and maintained
will not be detrimental to the public health, safety or
general welfare, or be materially injurious to properties or
improvements in the vicinity.
3. The proposed conditional use will comply with each of the
applicable provisions of this title.
4. The proposed conditional use complies with the goals,
objectives, and policies of the City's adopted General Plan.
PLANNING COMMISSION RESOLUTION NO. 1766
5. That the applicant has substantiated to the satisfaction of
the planning commission:
(a) that the 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; and
(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; and
(c) that the applicant shows compelling technological or
economic reason(s) for requiring a new freestanding
facility.
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 findings of the Commission in this case.
2. That approval of Conditional Use Permit 96-25 is hereby
granted for reasons subject to the attached conditions.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm
Desert Planning Commission, held on this 1st day of October, 1996, by
the following vote, to wit:
AYES: CAMPBELL, FERGUSON, FERNANDEZ, JONATHAN, BEATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELJ, Secretary
Palm Desert Planning Commission
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PAUL R. BEATY, airperson
PLANNING COMMISSION RESOLUTION NO. 1766
CONDITIONS OF APPROVAL
CASE NO. CUP 96-25
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. 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:
Palm Desert Architectural Commission
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 this permit is issued subject to adoption by the City of Palm
Desert City Council of Ordinance No. 817 enacting, inter alia,
Chapter 25.104 of the Palm Desert Municipal Code, "Commercial
Communication Tower and Commercial Communication Antenna
Regulations."
6. That where collocation 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 collocation onto
the tower erected under this permit. Applicant may charge a
reasonable rental fee for such collocated use to the extent
allowed by law.
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