HomeMy WebLinkAboutRes No 1986PLANNING COMMISSION RESOLUTION NO. 1986
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE
PERMIT TO ALLOW THE INSTALLATION OF A 50 FOOT HIGH
WIRELESS COMMERCIAL COMMUNICATION TOWER LOCATED IN
THE PLANNED COMMERCIAL DISTRICT AT 72-885 HIGHWAY 1 1 1 .
CASE NO. CUP 00-5
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 2"d day of May, 2000, hold a duly noticed public hearing to consider the request by
AT&T WIRELESS COMMUNICATION SERVICES 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. 00-24, 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:
PLANNING COMMISSION RESOLUTION NO. 1986
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 00-5 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 2nd day of May, 2000, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, LOPEZ, BFATY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL4 Secretary
Palm Desert Planning Commission
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PAUL R. BEATY, Chairperso
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PLANNING COMMISSION RESOLUTION NO. 1986
CONDITIONS OF APPROVAL
CASE NO. CUP 00-05
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 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. Applicant may charge a
reasonable rental fee for such co -located 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. 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 long-term maintenance program specifying
among other matters appropriate watering times, fertilization and pruning for various
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PLANNING COMMISSION RESOLUTION NO. 1986
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.
8. The applicant shall comply with abandonment requirements set forth in Section
25.104.040 (o) of the City's Commercial Communication Tower/Antenna
Ordinance.
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