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HomeMy WebLinkAboutRes No 2372PLANNING COMMISSION RESOLUTION NO. 2372 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 72-FOOT HIGH MONOPALM WIRELESS COMMUNICATIONS TOWER WITH ADJACENT EQUIPMENT AT SHURGARD SELF -STORAGE, 72- 150 FRED WARING. CASE NO. CUP 05-07 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of December, 2005, hold a duly noticed public hearing to consider the request by SPRINT-NEXTEL; 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. 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 buildings and hills in the vicinity do not technologically afford the applicant the ability to locate wireless facilities to serve Sprint-Nextel 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 05-07 is hereby granted for reasons subject to the attached conditions. PLANNING COMMISSION RESOLUTION NO. 2372 PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on the 20th day of December, 2005, by the following vote, to wit: AYES: FINERTY, JONATHAN, LOPEZ, TSCHOPP NOES: NONE ABSENT: CAMPBELL ABSTAIN: NONE ATTEST: PHILIP DRELL, ecretary Palm Desert Planning Commission DAVID E. TSCHOPP, Chairper on 2 PLANNING COMMISSION RESOLUTION NO. 2372 CONDITIONS OF APPROVAL CASE NO. CUP 05-07 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 Fire 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 fan palms and two blue palo verde trees. Applicant will enter into an agreement to maintain said monopalm and live palms and trees 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 the Landscape Manager in the Public Works 3 PLANNING COMMISSION RESOLUTION NO. 2372 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 three live Washingtonia robusta palm trees at heights of 35, 40 and 45 feet. Two 24-inch box size blue palo verde trees shall be planted in between the palm trees at locations shown on the site plan. The artificial palm tree shall be designed to include a rounded pole trunk as shown on the site plan. 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, if deemed necessary. 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