HomeMy WebLinkAboutRes No 2087PLANNING COMMISSION RESOLUTION NO. 2087
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,
CAMOUFLAGED AS AN ARTIFICAIL DATE PALM LOCATED AT
47-535 HIGHWAY 74. THE PROPERTY IS ALSO REFERRED TO
AS ST. MARGARET'S CHURCH AND A.P.N 628-150-005.
CASE NO. CUP 01-08
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
5th day of June, 2001, hold a duly noticed public hearing which was continued to June 19, July
17, and August 21, 2001, to consider the request by VERIZON; 02 SOLUTIONS 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 01-08 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2087
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 21st day of August, 2001, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, JONATHAN, TSCHOPP, LOPEZ
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, Aecretary
Palm Desert Planning Commission
2
PLANNING COMMISSION RESOLUTION NO. 2087
CONDITIONS OF APPROVAL
CASE NO. CUP 01-08
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. The applicant shall comply with abandonment requirements set forth in Section
25.104.040 (o) of the City's Commercial Communication Tower/Antenna Ordinance.
8. The applicant shall install two live Date Palms with heights of 25 and 35 feet adjacent
to the communication tower with the locations approved to the satisfaction of the
Community Development Director.
3
PLANNING COMMISSION RESOLUTION NO. 2087
9. No external data dishes or other equipment shall be mounted on the artificial Date
Palm.
10. Applicant agrees to maintain the both the artificial and live landscaping required to be
installed pursuant to these conditions. The 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.
4