PCRES 1999-028PLANNING COMMISSION RESOLUTION 99-028
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 99-043 TO ALLOW A
CELLULAR TELEPHONE ANTENNA SITE TO BE INSTALLED
ON THE ROOF OF AN EXISTING BUILDING AND
SCREENED WITH A 5.5-FOOT TALL STUCCO PARAPET
WALL, WITH ASSOCIATED EQUIPMENT HOUSED WITHIN
THE EXISTING BUILDING LOCATED WITHIN THE VILLAGE
COMMERCIAL (VC) ZONING DISTRICT AT 78-080 CALLE
ESTADO
CASE NO. CONDITIONAL USE PERMIT 99-043
APPLICANT: AIRTOUCH CELLULAR
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 13th day of April, 1999, hold a duly noticed Public Hearing, at the request
of AirTouch Cellular, to consider a cellular telephone antenna site within the Village
Commercial (VC) Zoning District, located at 78-080 Calle Estado; and,
WHEREAS, at the Public Hearing upon hearing and considering all
testimony and arguments of all interested persons desiring to be heard, said Planning
Commission did make the following findings to justify the approval of said Conditional
Use Permit:
1. The proposed cellular telephone antenna site is consistent with current
standards of the Zoning Code in that Chapter 9.170 conditionally permits
commercial cellular telephone antenna sites, and that the proposed antenna
screen wall will comply with the height requirements of Section 9.65.030
(A)(2) of the VC (Village Commercial) Zoning District. Therefore, the proposed
cellular telephone antenna site is consistent with the current Zoning Code.
2. The proposed cellular telephone antenna site is compatible with the goals and
policies of the General Plan, in that the project serves to fulfill General Plan
Objective 7-1.4 which states that the City shall utilize alternative means to
ensure the adequate provision of natural gas, electrical, cable television and
telecommunications facilities to serve the domestic and commercial needs of
the community.
3. The proposed cellular telephone antenna site is subject to the requirements of
the California Environmental Quality Act (CEQA), as there is the potential for
some types of telecommunications equipment to emit radioactive waves which
Planning Commission Resolution 99-028
could adversely impact the public's health. Environmental Assessment 99-377
did not identify any potential harmful effects from the proposed antennas for
this project. Additionally, the proposed antennas meet the current standards
for nonionizing electromagnetic radiation as stipulated in Section 9.170.080 of
the Zoning Code.
4. The proposed cellular telephone antenna site will not create conditions injurious
to or incompatible with other properties or land uses in the vicinity, with the
implementation of the attached conditions.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
1. That the above recitations are true and correct and constitute the findings of
said Planning Commission in this case;
2. That it does hereby approve the above described Conditional Use Permit, for
the reasons set forth in this Resolution and subject to the attached Conditions
of Approval.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 13th day of April, 1999, by the following
vote, to wit:
AYES: Commissioners Abels, Butler, Robbins, and Chairman Tyler.
NOES: None
ABSENT: Commissioner Kirk
ABSTAIN: None
ROBERT T. TYLER, Chairman
City of La Quinta, California
ATTEST:
HERMAN, Community Development Director
La Quinta, California
PAperesCUP99-043AirT0uch.wpd
PLANNING COMMISSION RESOLUTION 99-028
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 99-043
AIRTOUCH CELLULAR - MONROE BUILDING
APRIL 13, 1999
Upon their approval by the Planning Commission, 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 (Assessors Parcel Numbers 769-101-
016).
2. 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.
3. Approval of this Conditional Use Permit is subject to compliance with Sections
9.210.020 and 9.170.010 of the Zoning Code, as applicable.
4. Prior to the issuance of an improvement or building permit, the applicant shall
obtain permits and/or clearances from the following public agencies:
Fire Marshal
Public Works Department
• Community Development Department
Riverside County Environmental Health Department
Desert Sands Unified School District
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.
5. Development of this site shall be in substantial conformance with Exhibits approved
and contained in the file for Conditional Use Permit 99-043, unless amended by the
following conditions.
6. The approved Conditional Use Permit shall be used within one year from City
approval date of April 13, 1999; 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.
Planning Commission Resolution 99-028
Conditional Use Permit 99-043 - Adopted
AirTouch Cellular
April 13, 1999
7. No signs are permitted as part of this approval.
8. The parapet coping at the top of the screen wall shall match the width and design
of existing coping on other parapet walls.
EES AND DIEP
9. 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, permits, and inspections.
10. 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 $78.00. 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.
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