HomeMy WebLinkAboutRes No 1768PLANNING COMMISSION RESOLUTION NO. 1768
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 ANTENNA
LOCATED IN THE SERVICE INDUSTRIAL ZONE AT 74-876
42ND AVENUE.
CASE NO. CUP 96-27
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 antenna located in the
Service Industrial zone at 74-876 42nd Avenue; 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 except for the separation
requirement between towers which can be "excepted" if the
applicant fulfills the conditions attached hereto,
specifically condition # 7.
4. The proposed conditional use complies with the goals,
objectives, and policies of the City's adopted General Plan.
PLANNING COMMISSION RESOLUTION NO. 1768
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
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 96-27 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
NOES: BEATY
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
�A£0
PHILIP DRE L, Secretary
Palm DesertPlanning Commission
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PAUL R. BEATY, Cha 'person
PLANNING COMMISSION RESOLUTION NO. 1768
CONDITIONS OF APPROVAL
CASE NO. CUP 96-27
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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PLANNING COMMISSION RESOLUTION NO. 1768
7. That the applicant demonstrate to the satisfaction of the Department
of Community Development that Continental Cablevision and Coachella
Valley Water District have rejected its request to collocate its
antennas on their existing towers or that physical or technological
limitations otherwise preclude collocation.
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