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HomeMy WebLinkAboutRes No 2469MOM PLANNING COMMISSION RESOLUTION NO. 2469 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW: 1) A NEW T-MOBILE TELECOMMUNICATIONS FACILITY TO BE COMPRISED OF 12 NEW PANEL ANTENNAS AND ONE PARABOLIC DISH MOUNTED INSIDE A NEW PINEAPPLE ON A 65' HIGH MONO -PALM; AND 2) CONSTRUCTION OF A NEW 209 SQUARE FOOT CMU WALL ENCLOSURE 6'6" TALL TO HOUSE FOUR ACCESSORY EQUIPMENT CABINETS, ONE GPS UNIT, AND ATTENDANT UTILITY PANELS WITH AN EMERGENCY GENERATOR RECEPTACLE; TO BE INSTALLED AT THE HOLIDAY INN PALM DESERT PROPERTY LOCATED AT 74-675 HIGHWAY 111. CASE NO. CUP 07-13 WHEREAS, the Planning Commission of the City of Palm Desert, Califomia, did on the 4th day of March, 2008, hold a duly noticed public hearing to consider the request by Omnipoint Communications / A Subsidiary of T-Mobile USA, Inc., 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 there is a unique land use characteristic or nearby geographic feature which results in a compelling technological need to locate the commercial communication towers and/or commercial communication antennas in the location and/or at the height proposed. 2. That the unique land use characteristics or geographic features mitigate any negative aesthetic concerns. 3. 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. 4. 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 PLANNING COMMISSION RESOLUTION NO. 2469 5. 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 07-13 is hereby granted, subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on the 4th day of March, 2008, by the following vote, to wit: AYES: CAMPBELL, LIMONT, SCHMIDT, TANNER, TSCHOPP NOES: NONE ABSENT: NONE ABSTAIN: NONE C DAVID E. TSCHOPP, Chairpersor� ATTEST: LAURI AYLAIAN, Secretary Palm Desert Planning Commission 2 PLANNING COMMISSION RESOLUTION NO. 2469 CONDITIONS OF APPROVAL CASE NO. CUP 07-13 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 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. All to be consistent with the Property Maintenance Ordinance (Ordinance No. 801) and the approved landscape plan. 3 PLANNING COMMISSION RESOLUTION NO. 2469 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 equipment pad elevations are subject to review and modification in accordance with Chapter 27 of the Palm Desert Municipal Code. 3. Any landscape plans shall be reviewed and approved concurrently with construction plans ad no permits shall be issued prior to Landscape plan approval. 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. Department of Building and Safety: 1. Project must conform to the current State of California Codes adopted at the time of plan check submittal. The following are the codes enforced at this time: 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA 2007 CALIFORNIA BUILDING CODE (Based on 2006 UBC) MECHANICAL CODE (Based on 2006 UMC) PLUMBING CODE (Based on 2006 UPC) ELECTRICAL CODE (Based on 2005 NEC) ENERGY CODE BUILDING STANDARDS ADMINISTRATIVE CODE FIRE CODE 2. All contractors and subcontractors shall have a current City of Palm Desert Business License prior to permit issuance per Palm Desert Municipal Code, Title 5. 3. All contractors must submit, or have on file, a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4. Structural plans and calculations will be required for the mono -palm structure. Design parameters are currently 85 mph wind speed; exposure C (due to height) and seismic design category as determined by CBC Chapter 16 Requirements. // 4