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PCRES 2001-098PLANNING COMMISSION RESOLUTION 2001-098 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 60- FOOT HIGH MONOPALM COMMUNICATION ANTENNA AND RELATED 230 SQ. FT. ONE STORY EQUIPMENT BUILDING WITHIN CVWD WELL SITE #5712 CASE NO.: CONDITIONAL USE PERMIT 2001-060 APPLICANT: VERIZON WIRELESS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 101h day of July, 2001, hold a duly noticed Public Hearing, at the request of Verizon Wireless, to consider a 60-foot high wireless radio communication antenna and related one story equipment building within CVWD Well Site #5712, more particularly described as: Assessor's Parcel Number 643-080-015; 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 approval of said Conditional Use Permit: 1. The design and improvements of the proposed monopole 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. Recently installed Date Palm trees adequately conceal the monopole antenna from Highway 1 1 1 along with existing mature trees planted in the parking lot area for the shopping center and Highway 111 frontage businesses. 2. The proposed monopalm antenna and equipment building are consistent with current standards of the Zoning Code (Section 9.170.010, Commercial Communications Towers) and Chapter 9.65 in that potential adverse visual effects have been mitigated by design of the structures through the use of Date Palm trees, masonry fencing, and stucco coated structure walls. 3. The design of the monopalm antenna and equipment building 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. Although this area of the City supports commercial, the nearest single family houses are located more than 500-feet north of this ResoCUP60 Verizon-p/greg R 4/27 (none); 7/2, 7/11 Planning Commission Resolution 2001-098 Conditional Use Permit 01-060 Verizon Wireless July 10, 2001 monopalm site. 4. The design of the monopalm antenna and equipment building 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. Urban improvements will envelop the site once the shopping center is completed. 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 2001-425 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 101h day of July, 2001, by the following vote, to wit: AYES: COMMISSIONERS BUTLER, KIRK, ROBBINS, TYLER AND CHAIRMAN ABELS NOES: NONE ABSENT: NONE ABSTAIN: NONE ES ABELS, Chairman La Quinta, California P:\CAROLYN\ResoPC CUP60Verizon.wpd Planning Commission Resolution 2001-098 Conditional Use Permit 01-060 Verizon Wireless July 10, 2001 ATTEST: HERMAN,-Community Development Director La Quir4ta, California PACAROLYN\ResoPC CUP60Verizon.wpd PLANNING COMMISSION RESOLUTION 2001-098 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2001-060 VERIZON WIRELESS JULY 10, 2001 CONDITIONS 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. This indemnification shall include any award toward attorney's fees. 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 • Riverside County Fire Department (Letter dated May 9, 2001) • Coachella Valley Water District (Letter dated May 9, 2001) • Imperial Irrigation District (Letter dated June 13, 2001) • Federal Communication Commission (FCC) 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 2001-060, unless amended by the following conditions. 4. This approval of Conditional Use Permit shall be used by July 10, 2002; otherwise, it shall become null and void and of no effect whatsoever. "Be used" means beginning of substantial construction toward installation of monopalm communication antenna and unmanned equipment building as allowed by this approval. CONDCUP60 Verizon - 49 greg R4/27 None; 7/3, 7/11 Page 1 of 2 Planning Commission Resolution No. 2001-098 Conditional Use Permit 2001-060 Verizon Wireless July 10, 2001 FEES AND DEPOSITS 5. 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. 6. The applicant shall submit to the Community Development Department a check payable to the County of Riverside for $78.00 for recording of EA 2001-425. MISCELLANEOUS 7. Permanent irrigation watering on a timer system shall be installed for the two Date Palm trees. 8. Prior to a final inspection, all temporary facilities allowed by MUP 2000-259 shall be removed, unless otherwise allowed by the Community Development Director. 9. Any new wall enclosures shall be constructed using matching materials to existing facilities. FIRE DEPARTMENT 10. Install a portable fire extinguisher (minimum 2A10BC) inside the equipment building. IMPERIAL IRRIGATION DISTRICT 11. Before any cranes, forklifts, or other aerial equipment are raised, please check for overhead wires pursuant to the provisions of California Title 8 (Electrical Safety Orders). Non -qualified electrical workers can get no closer than 6 feet from IID distribution lines and no closer than 10 feet from transmission lines. People operating boom type lifting or hoisting equipment can get no closer than 10 feet from IID distribution lines and not closer than 17 feet from transmission lines. 12, If ground excavation is required, even for seemingly benign applications such as anchoring a tent, please contact Underground Service Alert (USA). This service is free of charge provided USA is given at least two working days' notice (800-227-2600). CONDCUP60 Verizon - 49 greg R4/27 None; 7/3, 7/11 Page 2 of 2