HomeMy WebLinkAboutRes No 2290PLANNING COMMISSION RESOLUTION NO. 2290
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A 73-FOOT HIGH
MONOPALM WIRELESS COMMUNICATIONS TOWER WITH
ADJACENT EQUIPMENT ENCLOSURE AT SANTA ROSA
COUNTRY CLUB LOCATED AT 38-105 PORTOLA AVENUE.
CASE NO. CUP 04-06
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
7th day of September, 2004 hold a duly noticed public hearing to consider the request by
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 Califomia 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 Verizon Wireless monopalm cell tower and the Santa Rosa
Country Club golf course maintenance facility buildings do not technologically
afford the applicant the ability to co-locate/locate wireless facilities to provide
service to Cingular Wireless customers in the area; 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 04-06 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2290
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on the 7th day of September, 2004, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP
NOES: JONATHAN
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
‘ 1.•uk_D__(_,
PHILIP DRELL, Secretary
Palm Desert Planning Commission
SABBY JO THAN, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2290
CONDITIONS OF APPROVAL
CASE NO. CUP 04-06
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.
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:
Planning Department
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 and related four live fan plams.
Applicant will enter into an agreement to maintain said monopalm and live palms 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. 2290
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.
9. The applicant shall install four live Washingtonia robusta palm trees at heights of 30
feet (one palms), 40 feet (two palms), and 45 feet (one palm) as shown on the project
site plan. The artificial palm tree shall be designed to include a rounded pole trunk.
The proposed 2-foot diameter microwave dish to be mounted on the palm trunk shall
be painted a brown color to match the palm trunk.
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 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.
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. 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.
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PLANNING COMMISSION RESOLUTION NO. 2290
4. The required fire flow shall be available from a wet barrel Super Hydrant(s)
*or 4"x2"-1/2" x2-1/2", located not less than 25 feet nor more than:
150' 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 less than one 2A1OBX
extinguisher per 3000 square feet and not over 75' walking distance. A "K" type fire
extinguisher is required in all commercial kitchens.
7 All buildings 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.
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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 or 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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