HomeMy WebLinkAboutRes No 1896PLANNING COMMISSION RESOLUTION NO. 1896
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL
USE PERMIT TO ALLOW THE INSTALLATION OF A 60 FOOT
HIGH WIRELESS COMMERCIAL COMMUNICATION TOWER
LOCATED IN THE SERVICE INDUSTRIAL ZONE AT 75-050
MERLE DRIVE.
CASE NO. CUP 98-1 1
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of September, 1998, hold a duly noticed public hearing to consider the request
by NEXTEL COMMUNICATION INC. 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. 97-18, 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 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.
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
PLANNING COMMISSION RESOLUTION NO. 1896
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 98-1 1 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 15th day of September, 1998, by the following vote, to wit:
AYES: BEATY, FERNANDEZ, JONATHAN, CAMPBELL
NOES: NONE
ABSENT: FINERTY
ABSTAIN: NONE
ATTEST:
STE'PHEN R. SMITH, Acting Secretary
Palm Desert Planning Commission
SONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 1896
CONDITIONS OF APPROVAL
CASE NO. CUP 98-11
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 Review 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 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.
6. That the communication tower comply with all provision of the City's zoning
ordinance including but not limited to Section 25.104.040, Commercial
Communication Tower Ordinance.
7. That the applicant provide landscape screening in the form of oleanders, located
along the north property line adjacent to the existing fencing.
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PLANNING COMMISSION RESOLUTION NO. 1896
8. Applicant agrees to maintain the landscaping required to be installed pursuant to
these conditions. Applicant will enter into an agreement to maintain said landscaping
for the life of the project, which agreement shall be notarized and which agreement
shall be recorded. It is the specific intent of the parties that this condition and
agreement run with the land and bind successors and assigns. The final landscape
plan shall include a Tong -term maintenance program specifying among other matters
appropriate watering times, fertilization and pruning for various times of the year for
the specific materials to be planted, as well as periodic replacement of materials. All
to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and
the approved landscape plan.
9. That applicant comply with abandonment requirements set forth in Section
25.104.040 (o) of the City Commercial Communication Antenna ordinance.
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