HomeMy WebLinkAboutRes No 2180PLANNING COMMISSION RESOLUTION NO. 2180
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A 63-FOOT HIGH
WIRELESS TELECOMMUNICATIONS TOWER LOCATED
SOUTHERLY OF COUNTRY CLUB DRIVE AND EASTERLY OF
EL DORADO DRIVE.
CASE NO. CUP 02-27
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the
21 st day of January, 2003, hold a duly noticed public hearing to consider the request by
SPRINT PCS; 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. 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 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 02-27 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2180
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on the 21 st day of January 2003, by the following vote, to wit:
AYES: CAMPBELL, JONATHAN, TSCHOPP, FINERTY
NOES: NONE
ABSENT: LOPEZ
ABSTAIN: NONE
ATTEST:
IMUL
PHILIP DRELLi(Secretary
Palm Desert Planning Commission
CINDY D. FINERTY, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2180
CONDITIONS OF APPROVAL
CASE NO. CUP 02-27
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file to 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 shall 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 pine 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. 2180
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 install two live Canary Island pine trees with a minimum height of
30' adjacent to the artificial pine tree and these trees shall be watered by an automatic
irrigation system. The artificial pine tree shall be designed to include a rounded pole
trunk with artificial pine bark and shall include the installation of additional artificial
branches so that the height of the lowest branches are 20' above ground level.
10. In the event that the two live Canary Island pine trees to be planted reach a height
where they interfere with the monopine antennae signals, the applicant shall plant new
replacement Canary Island pine trees at 30' minimum heights instead of cutting off the
tops of the pine trees. Topping of trees shall not be allowed.
11. New perimeter fencing to be constructed around the proposed equipment shelter shall
be 8' high wrought iron fencing painted in a gray color to match the existing wrought
iron fence to the west and north. The proposed access gates shall also be wrought
iron.
12. City of Palm Desert income derived from the lease of the project site to Sprint PCS
shall be applied toward the City's maintenance or capital improvement budget for
Ironwood Park.
13. Operation of the wireless facility shall comply with sound level specified in Chapter
9.24 (Noise Control) of the Palm Desert Municipal Code.
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.
Fire Department:
1. With respect to the conditions of approval regarding the above referenced project, the
fire department recommends the following fire protection measures be provided in
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PLANNING COMMISSION RESOLUTION NO. 2180
accordance with City Municipal Code, NFPA, UFC, and UBC or any recognized Fire
Protection Standards:
The Fire Department is required to set a minimum fire flow for the remodel or
construction of all buildings per UFC article 87.
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual pressure must be
available before any combustible material is placed on the job site.
3. Provide or show there exists a water system capable of providing a gpm flow of:
3000 gpm for commercial buildings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s)
4"x2-1/2" x2-1/2", located not Tess than 25 feet nor more than:
150 feet from any portion of a commercial building measured via vehicular travelway.
5. Water Plans must be approved by the Fire Marshal and include verification that the
water system will produce the required fire flow.
6. Install portable fire extinguishers per NFPA 10, but not les than one 2A110BC
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire
extinguisher is required in all commercial kitchens.
7 Whenever access into private property is controlled through use of gates, barriers, or
other means, provisions shall be made to install a "Knox Box" key over -ride system to
allow for emergency vehicle access. Minimum gate width shall be 16' with a minimum
vertical clearance of 13'-6".
8. This project may require licensing by a state or county agency. To facilitate plan review,
the applicant shall prepare and submit to the Fire Marshal a letter of intent detailing the
proposed usage and occupancy type.
9. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
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