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PCRES 2001-016PLANNING COMMISSION RESOLUTION 2001-016 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 65- FOOT HIGH WIRELESS RADIO COMMUNICATIONS MONOPOLE AND RELATED EQUIPMENT CABINET CASE NO.: CONDITIONAL USE PERMIT 2001-055 APPLICANT: SPRINT PCS WIRELESS 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 Hotel (The La Quinta Resort and Club) within the Tourist Commercial Zoning District, located at 49-499 Eisenhower Drive, more particularly described as: APN: 658-190-011, PORTION 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 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. 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. 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. ResoCUP55Sprint - 46 Planning Commission Resolution 2001- 016 Conditional Use Permit 01-055 Sprint PCS Wireless February 13, 2001 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 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 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 131" day of February, 2001, by the following vote, to wit: AYES: Commissioners Abels, Butler, Kirk, Tyler, and Chairman Robbins NOES: None ABSENT: None ABSTAIN: None STEVE ROBBINS, Chairman City of La Quinta, California ATTEST: HVR'MAN, Community Development Director La Quinta, California A AResoCUP55 Spri ntH otel.wpd PLANNING COMMISSION RESOLUTION 2001-016 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2001-055 SPRINT PCS WIRELESS FEBRUARY 13, 2001 COND17191VS2F—APRROVAL 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 permit, the applicant shall obtain permits and/or clearances from the following public agencies, or departments: • 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 Planning Commission, 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. CONDCUP55SPRINT-GT/46 Page I of 2 Planning Commission Resolution 2001-016 Conditions of Approval - Adopted Conditional Use Permit 2001-055 Sprint PCS Wireless February 13, 2001 FEES—AND-DEMSITS 6. 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. 7. 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 for recording of EA 2001-409. MLM-CELLAN-EaUS 8. The metal cabinets shall be painted in color to match the mansard roof tile. CONDCUP55 SPRINT-GT/46 Page 2 of 2