HomeMy WebLinkAboutRes No 2129PLANNING COMMISSION RESOLUTION NO. 2129
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A 65-FOOT HIGH
WIRELESS TELECOMMUNICATION TOWER LOCATED IN THE
EXISTING DATE PALM GROVE AT 73-510 FRED WARING,
ALSO REFERRED TO AS THE PALM DESERT CIVIC CENTER.
CASE NO. CUP 02-06
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 4th day of June, 2002, hold a duly noticed public hearing to consider the request by
CINGULAR WIRELESS; MAREE HOEGER 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 02-06 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2129
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 4th day June, 2002, by the following vote, to wit:
AYES: CAMPBELL, JONATHAN, LOPEZ, TSCHOPP, FINERTY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, gecretary
Palm Desert Planning Commission
CINbY FINERY, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2129
CONDITIONS OF APPROVAL
CASE NO. CUP 02-06
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 artificial palm tree. Applicant will enter into an
agreement to maintain said monopalm 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 site shall comply with the Property Maintenance Ordinance
(Ordinance No. 801).
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PLANNING COMMISSION RESOLUTION NO. 2129
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 construct an 8' block wall around the perimeter of the lease
area to screen the equipment shelter. The block wall shall be split -face block to
match the Civic Center.
Department of Public Works:
1. In accordance with Palm Desert Municipal Code Chapter 27, complete grading
plans and specifications shall be submitted to the Director of Public Works for
checking and approval prior to the issuance of any permits associated with this
project.
2. Proposed building and equipment pad elevations are subject to review and
modification in accordance with Chapter 27 of the Palm Desert Municipal Code.
3. Landscaping plans shall be submitted for review concurrently with grading plans.
4. Applicant comply with provisions of Palm Desert Municipal Code Section 24.12
Fugitive Dust Control as well as Section 24.20, Stormwater Management and
Discharge Control.
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