HomeMy WebLinkAboutRes No 2078PLANNING COMMISSION RESOLUTION NO. 2078
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, CAMOUFLAGED AS AN
ARTIFICIAL DATE PALM LOCATED AT 75-050 MERLE DRIVE.
CASE NO. CUP 01-10
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
19th day of June, 2001, hold a duly noticed public hearing to consider the request by SPRINT
PCS for the above mentioned; 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:
FINDINGS REQUIRED FOR A 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
Planning Commission in this case.
2. That approval of Conditional Use Permit 01-10 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2078
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 19th day of June, 2001, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Pla ping Commission
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PLANNING COMMISSION RESOLUTION NO. 2078
CONDITIONS OF APPROVAL
CASE NO. CUP 01-10
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 with in 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 ch arge 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. The applicant shall replace any damaged oleanders as the result of the installation of
the communication tower. If oleander hedge fails to survive, the applicant shall install
an 8 foot high block wall along the north and west sides enclosing the lease area.
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
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PLANNING COMMISSION RESOLUTION NO. 2078
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 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. The applicant shall comply with abandonment requirements set forth in Section
25.104.040 (o) of the City's Commercial Communication Antenna ordinance.
10. No data dish or other mechanical equipment shall be permitted on the mono palm.
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