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HomeMy WebLinkAboutRes No 2593PLANNING COMMISSION RESOLUTION NO. 2593 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A NEW MONOPALM DISTRIBUTED ANTENNA SYSTEM WIRELESS NODE AND ASSOCIATED EQUIPMENT CONSISTING OF SIX ANTENNAS, ONE DISCONNECT, ONE POWER PULL BOX, AND ONE FIBER SPLICE VAULT TO BE INSTALLED AT 74-7851/2 FRANK SINATRA DRIVE; APN 620-400-019. CASE NO. CUP 12-257 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 20th day of November 2012, hold a duly noticed public hearing to consider the request by CROWN CASTLE NG WEST, INC. 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 3 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 provided a coverage map that indicates there is a gap in coverage for the proposed carrier. The physical height of the faux -palm tree will blend in the new palm trees that are going to be replaced due to the recent fire damage. 2. That the unique land use characteristics or geographic features mitigate any negative aesthetic concerns. The location is a gap in coverage for the proposed carrier. The area of the gap is surrounded by residential land uses and would not be acceptable adjacent to single-family residences. The applicant has worked with staff to PLANNING COMMISSION RESOLUTION NO. 2593 provide a well designed faux -palm tree within an area that can provide real palm trees around it to mitigate any aesthetic concerns of the faux -palm tree. 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 12-257, subject to conditions attached. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 20th day of November 2012, by the following vote, to wit: AYES: CAMPBELL, DE LUNA, LIMONT, and TANNER NOES: ABSENT: DASH ABSTAIN: ATTEST: LAURI AYLAIAN, SECRETARY PALM DESERT PLANNING COMMISSION SONIA CAMPBELL, CHAIRPERSON 2 PLANNING COMMISSION RESOLUTION NO. 2593 CONDITIONS OF APPROVAL CASE NO. CUP 12-257 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. 4. The applicant shall submit a landscape plan to Public Works for review and approval before the issuance of any permits for the project. Department of Public Works: 1. Existing landscape and irrigation that may be significantly damaged by construction or installation, above ground or below ground, will be required to be replaced with like species and size and irrigation repaired. 2. The applicant shall not trench or bore in the public right-of-way per Palm Desert Municipal Code 12.22.010 which restricts any construction within the public right-of- way for three (3) years after the date of street improvements. 3. The applicant shall obtain an encroachment permit for construction in the public right-of-way. 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. 3 PLANNING COMMISSION RESOLUTION NO. 2593 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 Workers' Compensation Insurance coverage prior to the issuance of a building permit per California Labor Code, Section 3700. 4