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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. ResoPC CUP61 AT&T p-greg - R 7/16 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 P:\CAROLYN\ResoPCCUP6IATT PalmTreempd 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 P:\CAROLYN\ResoPCCUP6IATT PalmTree.wpd 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. CONDCUP61 AT&T Hotel P-Greg/7-16 Page I of 2 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). CONDCUP61 AT&T Hotel P-Greg/7-16 Page 2 of 2