PCRES 2001-101PLANNING COMMISSION RESOLUTION 2001-101
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE USE
OF A 65-FOOT HIGH MONOPALM COMMUNICATION
ANTENNA
CASE NO.: CONDITIONAL USE PERMIT 2001-061
APPLICANT: AT&T WIRELESS SERVICES
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 101h and 24`h days of July, 2001, hold duly noticed Public Hearings, at the
request of AT&T Wireless Services, to consider a 65-foot high monopalm
communication antenna for the La Quinta Resort and Club, located at 49-499
Eisenhower Drive, more particularly described as:
Portions of Assessor's Parcel Numbers 658-190-011 and 658-180-029
Portion of Lot #30 (MB 269/01 1) in Tract No. 28545-3
WHEREAS, said Environmental Assessment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
_ 1970" (as amended; Resolution No. 83-68 adopted by the La Quinta City Council) in
that the Community Development Department has prepared an Initial Study (EA No.
2001-426) and has determined that the proposed Conditional Use Permit will not have
a significant impact on the environment and a Mitigated Negative Declaration of
Environmental Impact should be filed; 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 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. This communication facility is designed to replicate a Date Palm
tree to be compatible with existing mature landscaping; existing palm trees in
the vicinity conceal the monopalm antenna from off -site properties. This
proposed antenna will be located over 800-feet from the Sprint monopalm
antenna approved under Conditional Use Permit 2001-055 (City Council
Resolution No. 2001-29), ensuring proper spacing distances between monopalm
sites.
2. The proposed monopalm antenna meets current standards of the Zoning Code
(Section 9.170.010, Commercial Communications Towers) and Specific Plan
121-E (Amendment #5) in that potential adverse visual effects have been
mitigated by design of the structure and existing vertical landscaping.
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Planning Commission Resolution No. 2001-101
Conditional Use Permit 01-061, AT&T Wireless
July 24, 2001
Page 2
3. The design of the monopalm antenna 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 antenna 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.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California, as follows:
A. That the above recitations are true and correct and constitute the findings of
said Planning Commission in this case;
B. That it does hereby confirm the conclusion of EA 2001-426 certifying a
Mitigated Negative Declaration for this case pursuant to the requirements of the
California Environmental Quality Act (CEQA); and
C. 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 (Exhibit "A").
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on this 24`h 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
ti
LIUVb ACtLJ, Gnalrman
of La Quinta, California
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Planning Commission Resolution No. 2001-101
Conditional Use Permit 01-061, AT&T Wireless
July 24, 2001
Page 3
ATTEST:
JERRY HERMAN, Co munity Development Director
City of La Quinta, Cali ornia
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PLANNING COMMISSION RESOLUTION NO. 2001-101 EXHIBIT "A"
CONDITIONS OF APPROVAL - FINAL
CONDITIONAL USE PERMIT 2001-061
AT&T WIRELESS SERVICES
JULY 24, 2001
CONDITIONS OF APPROVAL
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
• Public Works Department
• Riverside County Fire Department
• Coachella Valley Water District
• Imperial Irrigation District
• Federal Communication Commission
• Federal Aviation Administration
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 2001-061, unless
amended by the following conditions.
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Planning Commission Resolution No. 2001-101
Conditional Use Permit 2001-061
AT&T Wireless services
July 24, 2001
FEES AND DEPOSMS
4. 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.
5. The applicant shall submit to the Community Development Department a check
payable to the County of Riverside for $78.00 (De Minimis Impact Finding) for
recording of EA 2001-426.
MISCELLANEQUSS
6. Prior to a final inspection, all temporary communication facilities allowed by the
Community Development Department for the hotel under Temporary Use Permit
No. 2001-292 shall be removed, unless otherwise allowed by the Community
Development Director.
IMPERIAL IRRIGATION DISTRICT
7. 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.
8. 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).
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