HomeMy WebLinkAboutRes No 1989PLANNING COMMISSION RESOLUTION NO. 1989
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE INSTALLATION OF A 65-FOOT HIGH WIRELESS
COMMERCIAL COMMUNICATION TOWER LOCATED IN THE PLANNED
COMMERCIAL DISTRICT AT 77-850 COUNTRY CLUB DRIVE.
CASE NO. CUP 00-6
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 16th day of May, 2000, 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. 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. 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
2. 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
3. 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 00-6 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 1989
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 16th day of May, 2000, by the following vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, REATY
NOES: FINERTY
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELI, Secretary
Palm Desert Tanning Commission
PAUL R. BEATY, Chairpers
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PLANNING COMMISSION RESOLUTION NO. 1989
CONDITIONS OF APPROVAL
CASE NO. CUP 00-6
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 and the artificial palm tree. 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
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PLANNING COMMISSION RESOLUTION NO. 1989
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.
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.
9. The applicant shall install two live Date Palms at heights of 40' and 45', adjacent
to the artificial palm tree.
10. The applicant shall add 3-5 additional live Date Palms, ranging from 40' to 45'
high, around the lip of the retention basin.
11. The applicant shall construct a minimum 8' slump stone block wall around the
perimeter of the lease area to screen the equipment shelter.
12. That applicant utilize an artificial date palm with a round pole. The pole shall
utilize an artificial bark surface.
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