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PCRES 1996-033PLANNING COMMISSION RESOLUTION 96-033 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 96-322 PREPARED FOR CONDITIONAL USE PERMIT 96- 025 ENVIRONMENTAL ASSESSMENT 96-322 PACIFIC BELL MOBILE SERVICES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 24th day of September, 1996, hold a duly noticed Public Hearing to consider Environmental Assessment 96-322 and Conditional Use Permit 96-025, and, WHEREAS, said application has complied with the requirements of"The Rules to Implement the California Environmental Quality Act of 1970" (as amended; Resolution 83-68 adopted by the La Quinta City Council) in that the Community Development Department has prepared an Initial Study (EA 96-322); and WHEREAS, the Community Development Director has determined that said Use Permit will not have a significant adverse effect on the environment and that a Mitigated Negative Declaration of Environmental Impact should be filed; and WHEREAS, 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, findings, and reasons to justify certification of said Environmental Assessment 1. The proposed Use Permit will not be detrimental to the health, safety, or general welfare of the community, either indirectly or directly, in that no significant impacts have been identified, and less than significant or potentially significant impacts can be addressed by the incorporated mitigation measures. 2. The proposed Use Permit does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of rare or endangered plants or animals or eliminate important examples of the major periods of California history or prehistory, due to the lack of any such factors existing on or near the existing facility. 3. The proposed Use Permit does not have the potential to achieve short-term environmental goals, to the disadvantage of long-term environmental goals, with implementation of the monitoring program. cares322.cup Plaiming Conunission Resolution 96-033 4. The proposed Use Permit will not result in impacts which are individually limited or cumulatively considerable when considering planned or proposed development in the immediate vicinity. The area is established intill subdivision, with infrastructure to support such development already in place, and the proposal is considered an ancilliary part of the existing structure which will not effect an increase in growth through any modification of the existing conditions on the site. 5. The proposed Use Permit will not have environmental effects that will adversely affect the human population, either directly or indirectly, with implementation of the recommended mitigation measures. Supporting documentation submitted by the applicant indicates that microwave emissions associated with the proposal will be substantially below nationally recognized safety threshholds. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California as follows: 1. That the recitations are true and correct and constitute the findings of the Planning Commission for this Environmental Assessment. 2. That it does hereby certify Environmental Assessment 96-322 for the reasons set forth in this Resolution and as stated in the Environmental Assessment Checklist and Addendum, attached hereto, and on file in the Community Development Department. PASSED, APPROVED, AND ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 24th day of September, 1996, by the following vote, to wit: AYES: Commissioners Butler,Newkirk, Tyler, Woodard and Chairman Abels NOES: None ABSENT: Commissioner Gardner ABSTAIN: None )UES ABELS, Chairman of L4 Quinta, California ATTEST: tY "AN, Community Development Director of La Uinta, California earesMxup EXHIBIT "A" CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 96-025 PACIFIC BELL MOBILE SERVICES - PLAZA TAMPICO SEPTEMBER 24, 1996 1. Development of this site shall be in substantial conformance with Exhibits approved and contained in the file for Conditional Use Permit 96-025 (Alternative Site 2), unless amended by the following conditions. 2. The approved Conditional Use Permit shall be used within one year of City approval date of September 24, 1996; 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. One year time extensions up to a total of two extensions may be requested pursuant to City requirements. 3. Prior to final building inspection, a dark gray non -reflective coating shall be placed on the exposed surfaces of the antennas to prevent glare. The coating shall be approved by the Community Development Department. 4. Upon their approval by the City Council, the City Clerk is authorized to file these Conditions of Approval with the Riverside County Recorder for recordation against the properties to which they apply. 5. Prior to the issuance of a building permit for installation of any antennas or equipment cabinets contemplated by this approval, the applicant shall obtain permits and/or clearances, if necessary, from the following public agencies: * Fire Marshal * Public Works Department * Community Development Department * Riverside County Environmental Health Department * Desert Sands Unified School District * Coachella Valley Water District * Imperial Irrigation District * California Regional Water Quality Control Board (NPDES Permit) conaprvl,412 The applicant is responsible for any requirements of the permits or clearances from these jurisdictions. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 6. No signs are permitted as part of this approval. FEES AND DEPOSITS 7. The applicant shall pay all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for the plan checks and permits. 8. Within three days after Planning Commission approval, the applicant shall submit to the Community Development Department a check payable to the County of Riverside for $1,328.00 This fee shall be forwarded to the Riverside County Clerk's Office for payment of the State -required Fish and Game Fees and administrative handling fee. conaprO.412 2