HomeMy WebLinkAboutRes No 2441PLANNING COMMISSION RESOLUTION NO. 2441
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM DESERT, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT TO ALLOW A 75-FOOT HIGH
MONOPALM WIRELESS COMMUNICATIONS TOWER WITH
ADJACENT EQUIPMENT SHELTER AT PALM VALLEY
COUNTRY CLUB, 76-002'/2 HONEYSUCKLE DRIVE.
CASE NO. CUP 07-04
WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the
17th day of April, 2007, hold a duly noticed public hearing to consider the request by Omnipoint
Communications / T-Mobile USA; 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. 06-78, 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 approval of said request:
1. That buildings and other wireless towers in the vicinity do not technologically
afford the applicant the ability to locate wireless facilities to serve 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, 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 07-04 is hereby approved, subject to the
attached conditions.
PLANNING COMMISSION RESOLUTION NO. 2441
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert
Planning Commission, held on the 17th day of April, 2007, by the following vote, to wit:
AYES: LIMONT, SCHMIDT, TANNER, TSCHOPP, CAMPBELL
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
URI AYLAIAN, Secretary
Palm Desert Planning Commission
SONIA M. CAMPBELL, Chairperson
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PLANNING COMMISSION RESOLUTION NO. 2441
CONDITIONS OF APPROVAL
CASE NO. CUP 07-04
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.
6. Applicant agrees to maintain the existing palm trees and landscaping required to be
installed pursuant to these conditions. Applicant will 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 final
landscape plan shall include a long-term maintenance program specifying among other
matters appropriate watering times, fertilization and pruning for various times of the year
for the specific materials to be planted, as well as periodic replacement of materials,
including but not limited to, the existing surrounding palm trees. All to be consistent with
the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape
plan.
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PLANNING COMMISSION RESOLUTION NO. 2441
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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