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HomeMy WebLinkAboutRes No 2241PLANNING COMMISSION RESOLUTION NO. 2241 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW AN 85-FOOT HIGH COMMERCIAL COMMUNICATIONS TOWER AND ANTENNAS AT 42-650 MELANIE PLACE. CASE NO. CUP 03-25 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 16th day of December, 2003 hold a duly noticed public hearing which was continued to January 6, 2004, to consider the request by GULF-CALIFORNIA BROADCAST COMPANY 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 32 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 tower does not technologically afford the applicant the ability to provide superior broadcast coverage and signal quality throughout the Coachella Valley. 2. That Federal Communications Commission regulations require every television station to convert from analog to digital broadcasting by the year 2006 and the proposed project is necessary to achieve this. 3. That the proposed location of the conditional use is in accord with the objectives of the zoning ordinance and the purpose of the district in which it is located. 4. That the proposed location of the conditional use and the conditions under which it will be operated or maintained will not be detrimental to the public health, safety or welfare, or be materially injurious to properties or improvements in the vicinity. 5. That the proposed conditional use will comply with each of the applicable provisions of the zoning ordinance, except for approved variances or adjustments. PLANNING COMMISSION RESOLUTION NO. 2241 6. That the proposed conditional use complies with the goals, objectives and policies of the City's General Plan. 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 03-25 is hereby granted for reasons subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on the 6th day of January, 2004, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: .\ FINERTY, LOPEZ, CAMPBELL NONE JONATHAN, TSCHOPP NONE PHILIP DRELLJ Secretary Palm Desert Planning Commission SONIA M. CAMPBELL, Chairperson 2 PLANNING COMMISSION RESOLUTION NO. 2241 CONDITIONS OF APPROVAL CASE NO. CUP 03-25 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. Final project drawings shall show the height of the 10' high whip antennas mounted on top of the tower lowered from 89' to 85'. 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 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. 6. Applicant agrees to maintain the project site and landscaping within the public right-of- way in front of the site. Applicant shall plant six new Washingtonia Robusta palms, three 30-35 feet in height and three 45-50 feet in height to allow staggered heights. Four palms shall be planted within the right-of-way area and two next to the proposed tower. If these palm trees eventually reach a height that interferes with broadcasting signals from the new tower and the applicant desires to remove them and replace them with new trees, a written request shall be made to the Director of Community Development for review and approval. Applicant shall enter into an agreement to maintain said landscaping 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). 3 PLANNING COMMISSION RESOLUTION NO. 2241 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. 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 shall 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. 4