HomeMy WebLinkAboutRes No 2142PLANNING COMMISSION RESOLUTION NO. 2142
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM DESERT, CALIFORNIA, APPROVING AN EXCEPTION
TO THE SEPARATION REQUIREMENTS BETWEEN WIRELESS
COMMUNICATION TOWERS AND A CONDITIONAL USE PERMIT
TO ALLOW A 77-FOOT HIGH WIRELESS TELECOMMUNICATION
TOWER LOCATED IN THE SELF -STORAGE COMPLEX AT 74-876
42ND AVENUE, ALSO KNOWN AS STORAMERICA SELF
STORAGE.
CASE NO. CUP 02-04
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 6th day of August, 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, 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.
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.
PLANNING COMMISSION RESOLUTION NO. 2142
2. That an "exception" to the separation requirements between wireless
communication towers as provided for in Municipal Code Section 25.104.040-
L be approved for the reasons specific in the staff report dated August 6,
2002.
3. That approval of Conditional Use Permit 02-04 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 6th day of August, 2002, by the following vote, to wit:
AYES: CAMPBELL, LOPEZ, TSCHOPP, FINERTY
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert PI nning Commission
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CINDY FINERT', Chairperson
PLANNING COMMISSION RESOLUTION NO. 2142
CONDITIONS OF APPROVAL
CASE NO. CUP 02-04
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. 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
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PLANNING COMMISSION RESOLUTION NO. 2142
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.
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