HomeMy WebLinkAboutRes No 1993PLANNING COMMISSION RESOLUTION NO. 1993
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW THE INSTALLATION OF A 68-FOOT HIGH WIRELESS
COMMERCIAL COMMUNICATION TOWER, CAMOUFLAGED AS AN
ARTIFICIAL PALM TREE LOCATED IN THE OPEN SPACE DISTRICT AT 77-
800 CALIFORNIA DRIVE.
CASE NO. CUP 99-13
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 which was continued to June 6, 2000
to consider the request by SPRINT PCS 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 Califomia 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, Califomia, 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 99-13 is hereby granted, subject to the
attached conditions.
PLANNING COMMISSION RESOLUTION NO. 1993
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning
Commission, held on this 6th day of June, 2000, by the following vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, BEATY
NOES: FINERTY
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELLISecretary
Palm Desert PI nning Commission
PAUL R. BEATY, Chairpers
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PLANNING COMMISSION RESOLUTION NO. 1993
CONDITIONS OF APPROVAL
CASE NO. CUP 99-13
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, 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. 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.
5. Applicant agrees to maintain the artificial palm tree required to be installed pursuant to
these conditions. Applicant will enter into an agreement to maintain said palm tree 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 plans shall include a long-term
maintenance program specifying type of maintenance and the frequency. All to be
consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the
approved plans.
6. The applicant shall comply with abandonment requirements set forth in Section
25.104.040 (o) of the City's Commercial Communication Tower/Antenna Ordinance.
7. The applicant shall construct a minimum 8' slump stone block wall around the
perimeter of the lease area to screen all associated mechanical equipment.
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