HomeMy WebLinkAboutRes No 2225PLANNING COMMISSION RESOLUTION NO. 2225
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO
ALLOW A 48-FOOT HIGH WIRELESS TELECOMMUNICATION TOWER
LOCATED AT 100 KIVA DRIVE, NORTHWEST CORNER OF HIGHWAY 74
AND CAHUILLA WAY.
CASE NO. CUP 02-20
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
7th day of October, 2003, hold a duly noticed public hearing to consider the request by SBA
NETWORK SERVICES INC. for CINGULAR WIRELESS 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. Currently there is not adequate wireless coverage in south Palm Desert; and
2. Given the tough mountain terrain and alternative sites for this project, the
monopalm is an appropriate stealth design for this location; and
3. 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.
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 02-20 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2225
PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on this 7'h day of October, 2003, by the following vote, to wit:
AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
PHILIP DRELL Secretary
Palm Desert PI nning Commission
" )11'
16{ONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2225
CONDITIONS OF APPROVAL
CASE NO. CUP 02-20
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:
Bighorn Management
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 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).
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PLANNING COMMISSION RESOLUTION NO. 2225
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 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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