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PCRES 2001-106PLANNING COMMISSION RESOLUTION 2001- 106 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVING INSTALLATION OF TELECOMMUNICATION APPARATUS TO BE ATTACHED TO A NEW 120 FOOT HIGH TOWER AT 81600 AVENUE 58 CASE NO.: CONDITIONAL USE PERMIT 2001-062 APPLICANT: AT&T WIRELESS SERVICES WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28' day of August, 2001, hold a duly noticed Public Hearing at the request of AT&T wireless Services to consider allowing installation of telecommunication apparatus located on a new 120' tower at 81600 Avenue 58, more particularly described as: APN: 761-720- 021 WHEREAS, said Environmental Assessment has complied with the requirements of the "Rules to Implement the California Environmental Quality Act of 1970" as amended under City Council Resolution No. 83-68 in that the Community Development Department has prepared an Initial Study (EA 2001-427) and has determined that the proposed Conditional Use Permit will not have a significant impact on the environment and a Negative Declaration of Environmental Impacts should be filed; and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons wanting to be heard, said Planning Commission did make the following mandatory findings of approval: 1. That the proposed Conditional Use Permit is consistent with the goals and policies of the La Quinta General Plan Policy 2-6.3.1 in that the property is designated Major Community Facility which allows the uses proposed for the property; and La Quinta General Plan Policy 7-1 .4.7 which requires the City to coordinate with telephone companies to insure comprehensive and uninterrupted service. 2. That the proposed Conditional Use Permit is consistent with the Zoning Code Approval Standards (9.170.070) for telecommunication equipment placed on new towers. A:\adopted PC.Reso.CUP 2001-062.wpd Planning Commission Resolution 2001-106 CUP 2001-062 August 28, 2001 3. Approval of this Conditional Use Permit will not be detrimental to the public health, safety or general welfare in that the public agencies have reviewed the project for these issues with no significant concerns identified. NOW, THEREFORE , BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: That the above recitations are true and correct and constitute the findings of the Commission in this case; 2. That it does hereby approve the above -described Conditional Use Permit request 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 28"' day of August, 2001, by the following vote, to wit: YES: Commissioners, Butler, Kirk, Robbins, Tyler, and Chairman Abels NOES: None ABSENT: None ABSTAIN: None JAf QUEXABELS, Chairman, tv of Va Quinta, California ATTEST: JFP HERM/IN, Community Development Director Ry of La Quinta, California A:\adopted PC.Reso.CUP 2001-062.wpd PLANNING COMMISSION RESOLUTION 2001-106 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2001-062 AUGUST 28, 2001 GENERAL 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. 2. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain permits and/or clearances from the following public agencies: • Public Works Department • Community Development Department • Fire Marshal • Riverside Co. Environmental Health Department • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • Federal Communications Commission • Federal Aviation Administration FIRE MARSHALL 3. Install a portable fire extinguisher (minimum 2A10BC) inside the unmanned equipment building. Prior to issuance of a building permit, final construction plans shall be submitted to the Fire Department for review and approval. 4. Install a Knox pad lock at the manual gates as noted in the review plans. Padlock shall be readily accessible for opening. Contact the Fire Department for an application. 5. The applicant shall pat all deposits and fees required by the City for plan checking and construction inspection. Deposits and fees amounts shall be those in effect when the applicant makes application for the plan checks, permits, and inspections. A:\PC.COA.CUP2001-062.wpd PLANNING COMMISSION RESOLUTION 2001-106 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2001-062 AUGUST 28, 2001 6. The applicant shall submit to the Community Development Department a check payable to the County of Riverside for $78.O0 for recording the Environmental Assessment. MISCELLANEOUS 7. Before any cranes, forklifts, or other aerial equipment are raised, please check for overhead wires. Please note that California Title 8, Electrical Safety Orders, specifies the closest distance that non -qualified electrical workers can get to electrically energized conductors. Non -qualified electrical workers can get no closer than ten (10) feet from distribution lines. People operating boom type lifting or hoisting equipment can get no closer than ten (10) feet from the distribution lines and no closer than seventeen feet (17) 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 (2) working days' notice. Call toll free at 1-800-227-2600. 9. The tower and all attached equipment shall be painted "putty" (very light brown) to mask the visual impact. 10. The applicant shall agree to allow for future joint use and/or co -location of other telecommunication facilities at this site; and the applicant shall work with Imperial Irrigation District to establish a written policy allowing future joint use and/or co -location of other telecommunication facilities at this site. COA.PC.CUP 2001-059