HomeMy WebLinkAboutRes No 2222PLANNING COMMISSION RESOLUTION NO. 2222
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 70
FOOT TALL WIRELESS TELECOMMUNICATIONS SITE DESIGNED AS A
PALM TREE LOCATED AT 74-6551/2 HIGHWAY 111, ALSO KNOWN AS
THE SOUTHERN CALIFORNIA EDISON SUBSTATION.
CASE NO CUP 03-07:
WHEREAS, the Planning Commission of the City of Palm Desert, California, did
on the 19'h day of August, 2003, hold a duly noticed public hearing which was continued
to September 2, 2003, 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 Califomia 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 03-07 is hereby granted, subject to
conditions attached.
PLANNING COMMISSION RESOLUTION NO. 2222
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 2"d day of September, 2003, by the following vote, to
wit:
AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
T*1, %.4A_OIL
PHILIP DRELL, ecretary
Palm Desert Planning Commission
,• SONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2222
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CONDITIONS OF APPROVAL
CASE NO. CUP 03-07
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. The applicant shall install 6 live palm trees (three at 77 feet in height and three
that vary in heights of 40 to 50 feet) in front of the monopalm.
7 Applicant agrees to maintain the monopalm, equipment cabinet, and six live palm
trees (three at 77 feet in height and three that vary in heights of 40 to 50 feet).
Applicant will enter into an agreement to maintain said monoplam, equipment
cabinet and live pal trees 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
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PLANNING COMMISSION RESOLUTION NO. 2222
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 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.
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