HomeMy WebLinkAboutRes No 2251PLANNING COMMISSION RESOLUTION NO. 2251
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A 75-FOOT HIGH
WIRELESS TELECOMMUNICATIONS TOWER LOCATED
SOUTHERLY OF COUNTRY CLUB DRIVE AND EASTERLY OF
EL DORADO DRIVE.
CASE NO. CUP 04-01
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the
2nd day of March, 2004, hold a duly noticed public hearing to consider the request by NEXTEL
COMMUNICATIONS and 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 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 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 04-01 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2251
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on the 2nd day of March 2004, by the following vote, to wit:
AYES: CAMPBELL, LOPEZ
NOES: JONATHAN
ABSENT: FINERTY
ABSTAIN: TSCHOPP
ATTEST:
PHILIP DRELL, ecretary
Palm Desert Pla ning Commission
SABBY e ATHRYV, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2251
CONDITIONS OF APPROVAL
CASE NO. CUP 04-01
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 applicants 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. Applicants agree to maintain the artificial pine tree. Applicants 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 applicants 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. 2251
9. The artificial pine tree shall be designed to include a rounded pole trunk with artificial
pine bark and shall include the installation of additional artificial branches so that the
height of the lowest branches are 20' above ground level. The metal "arms" or
"sectors" on which the cellular communications antennas will be mounted and the
antennas themselves shall be painted a green color to match the green color of the
artificial pine branches. The paint shall be a matte finish to avoid sunlight reflection
and glare. The microwave dish shall be painted a green color to match the branches
or brown to match the tree trunk. The construction of the new pine tree shall be of a
similar design as the existing pine tree.
10. New perimeter fencing to be constructed around the proposed equipment shelter shall
be 8' high wrought iron fencing painted in a gray color to match the existing wrought
iron fence to the south and east. The proposed access gates shall also be wrought
iron.
11. 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.
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PLANNING COMMISSION RESOLUTION NO. 2251
2. A fire flow of 1500 gpm for a 1 hour duration at 20 psi residual pressure must be
available before any combustible material is placed on the job site.
3. Provide or show there exists a water system capable of providing a gpm flow of:
3000 gpm for commercial buildings.
4. The required fire flow shall be available from a wet barrel Super Hydrant(s)
4"x2-1/2" x2-1/2", located not less than 25 feet nor more than:
150 feet from any portion of a commercial building measured via vehicular travelway.
5. Water Plans must be approved by the Fire Marshal and include verification that the
water system will produce the required fire flow.
6. Install portable fire extinguishers per NFPA 10, but not les than one 2A110BC
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire
extinguisher is required in all commercial kitchens.
7 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 turn -around, 55 foot in industrial
developments.
8. Whenever access into private property is controlled through use of gates, barriers, or
other means, provisions shall be made to install a "Knox Box" key over -ride system to
allow for emergency vehicle access. Minimum gate width shall be 16' with a minimum
vertical clearance of 13'-6".
9. 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.
10. Conditions subject to change with adoption of new codes, ordinances, laws, or when
building permits are not obtained within twelve months.
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