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HomeMy WebLinkAboutRes No 2220PLANNING COMMISSION RESOLUTION NO. 2220 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 72-FOOT HIGH MONPALM WIRELESS COMMUNICATIONS TOWER WITH ADJACENT EQUIPMENT ENCLOSURE AT THE REAR OF SAINT MARGARET'S EPISCOPAL CHURCH RECTORY LOCATED AT 47-535 HIGHWAY 74. CASE NO. CUP 03-11 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 19th day of August, 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 03-11 is hereby granted for reasons subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 2220 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on the 19th day of August 2003, by the following vote, to wit: AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP, CAMPBELL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission )2-/ 'SONIA M. CAMPBELL, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2220 CONDITIONS OF APPROVAL CASE NO. CUP 03-11 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file to 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 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 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). 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. 3 PLANNING COMMISSION RESOLUTION NO. 2220 9. The applicant shall install five live Washingtonia robusta palm trees at heights of 30 feet (one palm), 40 feet (three palms), and 50 feet (one palm) as shown on the project site plan. The artificial palm tree shall be designed to include a rounded pole trunk .. with artificial palm bark and shall include the installation of artificial palm fronds with color and shape similar to those found on a live Washingtonia robusta palm tree. 10. 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 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. All building shall be accessible by an all-weather roadway extending to within 150 feet of all portions of the exterior walls of the first story. The roadway shall not be less than 24 feet of unobstructed width and 13'6" of vertical clearance. Where parallel parking is required on both sides of the street the roadway must be 36 feet wide, and 32 feet wide with parking on one side. Dead-end roads in excess of 150 feet shall be provided with a minimum 45-foot radius tum-around, 55 foot in industrial developments. 3. 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. J 4 PLANNING COMMISSION RESOLUTION NO. 2220 4. Conditions subject to change with adoption of new codes, ordinances, laws, or when building permits are not obtained within twelve months. 5