HomeMy WebLinkAboutRes No 2347PLANNING COMMISSION RESOLUTION NO. 2347
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A 65-FOOT HIGH
MONOPALM WIRELESS COMMUNICATIONS TOWER WITH
ADJACENT EQUIPMENT ENCLOSURE AT ST. MARGARET'S
EPISCOPAL CHURCH, 47535 HIGHWAY 74.
CASE NO. CUP 05-05
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the
16th day of August, 2005, hold a duly noticed public hearing to consider the request by
NEXTEL COMMUNICATIONS 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. 05-52, 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 existing monopalms and buildings at the project site do not technologically
afford the applicant the ability to locate wireless facilities to provide service to
Nextel Communications 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, Califomia, 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 05-05 is hereby granted for reasons
subject to the attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2347
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on the 16th day of August, 2005, by the following vote, to wit:
AYES: CAMPBELL, FINERTY, LOPEZ, TSCHOPP
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
ATTEST:
„0,e
PHILIP DRELL, ecretary
Palm Desert Planning Commission
DAVID E. TSCHOPP, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2347
CONDITIONS OF APPROVAL
CASE NO. CUP 05-05
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
Public Works 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 three live date 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 agreement shall be submitted to
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PLANNING COMMISSION RESOLUTION NO. 2347
the Landscape Manager in the Public Works Department for review and approval. 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.
9. The applicant shall install two live palm trees at heights of 40 feet and 45 feet. The
artificial date palm tree shall be designed to include a rounded pole 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.
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