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HomeMy WebLinkAboutRes No 2589PLANNING COMMISSION RESOLUTION NO. 2589 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW THREE (3) AT&T ANTENNAS MOUNTED ON THE FA9ADE OF THE JW MARRIOTT DESERT SPRINGS LOCATED AT 74- 855 COUNTRY CLUB DRIVE CASE NO. CUP 12-193 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 7th day of August 2012, hold a duly noticed public hearing to consider the request by ROBIN NELSON on behalf of AT&T for approval of the above noted; 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. 2012-20, the Director of Community Development has determined that the project will not have a negative impact on the environment and is a Class 1 Categorical Exemption for the purposes of CEQA; 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 recommendation to the City Council of said request: FINDINGS: 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 Site selection and antenna height are the result of coverage gap and/or coverage capacity issues within a certain area. The applicant has indicated that there is currently inadequate cellular coverage at the JW Marriott Desert Springs due to both coverage issues and capacity issues at the resort property. The physical height and massing of the hotel buildings block coverage from the cellular towers in the area. In addition, when there are large events or conferences at the hotel, the limited coverage cannot support the high volume of users at the hotel resulting in a capacity issue. These issue result in the hotel property having areas of no coverage or high number of dropped calls where there is limited coverage. 2. That the unique land use characteristics or geographic features mitigate any negative aesthetic concerns. PLANNING COMMISSION RESOLUTION NO. 2589 The request is to install a DAS System with three (3) antennas located around the JW Marriott Desert Springs. The resort is approximately 1,000 feet south of Country Club Drive and 1,050 feet west of Cook Street. These are the closest public streets to the resort and the antennas are not visible from public view. The system will only serve the resort and each antenna will be mounted to and painted to match the building facade. 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 Planning Commission in this case. 2. That the Planning Commission does hereby approve Conditional Use Permit 12-193, subject to conditions attached. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 7th day of August 2012, by the following vote, to wit: AYES: CAMPBELL, DASH, DELUNA NOES: NONE ABSENT: LIMONT, TANNER ABSTAIN: NONE ATTEST: SONIA CAMPBELL, CHAIRPERSON LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION 2 PLANNING COMMISSION RESOLUTION NO. 2589 CONDITIONS OF APPROVAL CASE NO. CUP 12-193 Department of Community Development: 1. The development of the property shall conform substantially with exhibits on file with the Department of Community Development, 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. 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. Department of Building and Safety: 1. This project shall comply with the latest adopted edition of the following codes: A. 2010 California Building Code and its appendices and standards. B. 2010 California Plumbing Code and its appendices and standards. C. 2010 California Mechanical Code and its appendices and standards. D. 2010 California Electrical Code. E. 2010 California Energy Code. F. Title 24, California Code of Regulations. G. 2010 California Fire Code and its appendices and standards. 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 and/or owner -builders must submit a valid Certificate of Worker's Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4. Address numerals shall comply with Palm Desert Ordinance No. 1217 (Palm Desert Municipal Code 15.15. Compliance with Ordinance 1217 regarding street address location, dimension, stroke of line, distance from street, height from grade, height 3 PLANNING COMMISSION RESOLUTION NO. 2589 from street, etc. shall be shown on all architectural building elevations in detail. Any possible obstructions, shadows, lighting, landscaping, backgrounds or other reasons that may render the building address unreadable shall be addressed during the plan review process. You may request a copy of Ordinance 1217 or Municipal Code Section 15.28 from the Department of Building and Safety counter staff. 5. Please contact Cherie Williams, Building & Safety Technician, at the Department of Building and Safety (760-776-6420) regarding the addressing of all buildings and or sites. 6. The special inspector shall be approved by the Building Official of the City prior to start of work. Specify these requirements on the first sheet of the plans. 4