HomeMy WebLinkAboutRes No 2214PLANNING COMMISSION RESOLUTION NO. 2214
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR
SPRINT PCS ALLOWING THE CONSTRUCTION OF A WIRELESS
TELECOMMUNICATIONS SITE CAMOUFLAGED AS A 10-FOOT HIGH BY 24-
FOOT LONG FAUX BOLDER DESIGNED TO MATCH THE HILLSIDE AT 51-
600 HIGHWAY 74.
CASE NO CUP 03-10:
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
15th day of July, 2003, hold a duly noticed public hearing to consider the request by SPRINT
PCS for approval of the above noted; 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; 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 approval of the said request:
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; 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 03-10 is hereby granted, subject to
conditions attached.
PLANNING COMMISSION RESOLUTION NO. 2214
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 15`h day of July, 2003, by the following vote, to wit:
AYES: JONATHAN, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: FINERTY
ABSTAIN: NONE
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Planning Commission
SONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2214
CONDITIONS OF APPROVAL
CASE NOS. CUP 03-10
Department of Community Development:
1. The development of the property shall conform substantially with exhibits on file with
the Department of Community Development, 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. Applicant agrees to maintain the faux boulder. Applicant will enter into an
agreement to maintain said boulder 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).
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.
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PLANNING COMMISSION RESOLUTION NO. 2214
8. The faux boulder will be painted and textured to match the hillside it is located on. The
applicant shall install small boulders and shrubbery to help screen the boulder to the
satisfaction of the Director of Community Development, the City's Landscape Manager,
and in consultation with representatives of Bighorn Country Club.
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 the 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, Storm water Management and
Discharge Control.
5. Access shall be from existing CVWD roadway atop Dead Indian Creek Retention
Basin, or from Basin area, in compliance with condition # 4.
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