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HomeMy WebLinkAboutRes No 2141PLANNING COMMISSION RESOLUTION NO. 2141 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO GRANT AN "EXCEPTION" TO ALLOW A WIRELESS TOWER IN THE PR ZONE DISTRICT AND A 62-FOOT HIGH WIRELESS TELECOMMUNICATION TOWER ON PROPERTY LOCATED AT 74-700 HIGHWAY 111 ALSO KNOWN AS EMBASSY SUITES. CASE NO. CUP 02-05 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of July, 2002, hold a duly noticed public hearing to consider the request of Delta Group Engineering for AT&T Wireless; 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. 02-60," 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, the Planning Commission considered granting an exception to allow a wireless communication tower in the PR (Planned Residential zone district) pursuant to Municipal Code Section 25.104.050 'A'; 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 exception and 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. 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. 3. That the applicant shows compelling technological or economic reason(s) for requiring a new freestanding facility. 4. That the hotel site is zoned PC(4) (Resort Commercial) and PR (Planned Residential). Hotel developments are permitted in the PR zone. A PR zone with an existing hotel is an appropriate location for a wireless communication tower subject to issuance of a conditional use permit. PLANNING COMMISSION RESOLUTION NO. 2141 5. The tower has been designed to aesthetically blend in with the landscape material which exists on the hotel site (i.e., it will be an artificial date palm added to an existing row of date palm trees). 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 Planning Commission hereby grants an "exception" pursuant to Municipal Code Section 25.104.050 'A' to permit a wireless communication tower in the PR zone for the reasons specified. 3. That approval of Conditional Use Permit 02-05 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 16th day of July, 2002, by the following vote, to wit: AYES: CAMPBELL, JONATHAN, TSCHOPP, FINERTY NOES: NONE ABSENT: LOPEZ ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission CINDY FINERIV, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2141 CONDITIONS OF APPROVAL CASE NO. CUP 02-05 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 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 shall comply with all provisions 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. In addition, applicant shall be responsible for long-term maintenance an/or replacement of existing live palms to the west, particularly with respect to said palms closest to the proposed tower. Should PLANNING COMMISSION RESOLUTION NO. 2141 one or more of the nearby live palms need to be replaced, it shall be replaced with a like, kind and size to the satisfaction of the Architectural Review Commission and City's Landscape Manager. Applicant will enter into an agreement to maintain said monopalm and live palms 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). 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. 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 shall 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. 4