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CC Resolution 2001-029RESOLUTION NO. 2001-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING THE APPELLANT'S APPEAL OF THE PLANNING COMMISSION'S DECISION OF FEBRUARY 13, 2001, APPROVING A 65-FOOT HIGH SPRINT PCS WIRELESS RADIO COMMUNICATIONS MONOPOLE AND RELATED EQUIPMENT CABINET AT 49- 499 EISENHOWER DRIVE CASE NO.: CONDITIONAL USE PERMIT 2001-055, APPEAL APPLICANT: SPRINT PCS WIRELESS APPELLANT: STEVE DAVIS WHEREAS, the City Council of the City of La Quinta, California, did on the 3`d day of April, 2001, hold a duly noticed Public Hearing, at the request of Steve Davis, the appellant, to review the decision of the Planning Commission to approve a 65-foot high Sprint PCS Wireless radio communications monopalm antenna and related equipment at the La Quinta Resort and Club, located at 49-499 Eisenhower Drive, more particularly described as: APN: 658-190-011, Portion WHEREAS, an appeal of the Planning Commission's decision of February 13, 2001, for EA 2001-409 and CUP 2001-055, was filed by Steve Davis on February 28, 2001 in compliance with Section 9.200.120 of the Zoning Ordinance requiring review of the appeal by the City Council; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 131h day of February, 2001, hold a duly noticed Public Hearing, at the request of Sprint PCS Wireless, to consider a 65-foot high wireless radio communications monopalm antenna and related equipment at the La Quinta Resort and Club, and on a 5-0 vote, adopted Resolution 2001-016 approving said request, subject to conditions. WHEREAS, at the Public Hearing upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, said City Council did make the following findings for approval of said Conditional Use Permit: The design and improvements of the proposed monopalm are consistent with La Quinta General Plan Policy 7-1.4.10 that requires utilities and communication facilities to blend in with the desert environment and surrounding improvements. Existing palm trees accentuate the hotel site and the monopalm prototype serves to blend in with this area of the hotel by using artificial palm fronds and textured support structure. Resolution No. 2001-29 Conditional Use Permit 01-055, Appeal Sprint PCS Wireless April 3, 2001 Page 2 2. The proposed monopalm, antennas, and equipment are consistent with current standards of the Zoning Code (Section 9.170.010, Commercial Communications Towers) and Specific Plan 121-E in that potential adverse visual effects have been mitigated by design of the structure and adjacent two story structures. Condition #8 requires all roof mounted metal cabinets for the monopalm antenna shall be shielded by the mansard roof, requiring a height of less than seven foot high as measured from the roof deck. 3. The design of the monopalm, antennas, and equipment areas is not likely to cause serious public health problems, or adversely impact the general public welfare or safety, in that the Fire Department, Community Development Department, Public Works Department, and the City's Building & Safety Department have reviewed the project for these issues with no significant concerns identified. 4. The design of the monopalm, antennas, and equipment is not likely to cause substantial environmental damage, or substantially, and unavoidable injure fish or wildlife, or their habitat, in that the Mitigated Negative Declaration of Environmental Impact did not identify any significant impacts for this issue. The site is surrounded by commercial hotel service facilities. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of said City Council in this case; 2. That it does hereby confirm the conclusion of EA 2001-409 certifying a Mitigated Negative Declaration for this case pursuant to the requirements of the California Environmental Quality Act; and 3. That it does hereby approve the above described Conditional Use Permit, for the reasons set forth in this Resolution any subject to the attached Conditions of Approval. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council, held on this 3`d day of April, 2001, by the following vote, to wit: Resolution No. 2001-29 Conditional Use Permit 01-055, Appeal Sprint PCS Wireless April 3, 2001 Page 3 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None VA J0HN`S. PtNA, 11 y r City of La Quinta, California ATTEST: JU REEK, CMC, Cit erk City of La Quinta, California (City Seal) APPROVED AS TO FORM: e9'10 � M. ATHE INE JENS9N, City Attorney City of La Quinta, California RESOLUTION 2001-29 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2001-055, APPEAL SPRINT PCS WIRELESS APRIL 3, 2001 CONDI�_OF APPROVAL 1 • The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "City,,), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. Prior to the issuance of an improvement or building obtain permits and/or clearances from the following p the applicant shall departments: public agencies, or Community Development Department • Imperial Irrigation District The applicant is responsible for any requirements of the permits or clearances from those jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 3. Development of this site shall be in substantial conformance with Exhibits approved and contained in the file for Conditional Use Permit 2001-055, unless amended by the following conditions. 4. This approval of Conditional Use Permit shall be used within one year; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means beginning of substantial construction toward installation of antennas and equipment cabinets as allowed by this approval. 5. Upon approval by the City Council, a memorandum noting that the City Conditions of Approval for this application exist and are available for review at City Hall shall be recorded against the property with Riverside County. Resolution No. 2001-29 Conditional Use Permit 2001-055, Appeal Sprint PCS Wireless April 3, 2001 Page 2 FEES AND DEPOSITS 6. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspectimakeson. applDeposits �ication fornd fee amounts the plan checks, pall be ermtshose and in effect when the applicant inspections. 7. The applicant shall submit to the Community Development Department a check payable to the County of Riverside for $78.00 for recording of EA 2001-409. MISCELLANEOUS 8. All roof mounted metal cabinets for the monopalm antenna shall be shielded by the mansard roof, requiring a height of less than seven foot high as measured from the roof deck. 9. This case shall be reviewed by the Planning Commission as a Business Item on, or before, April 3, 2006 to determine whether the site is still required based on the installation of other Sprint facilities within the City.