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78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 — (76D).717,77--7000
TDD (760) 777-1227
April 26, 1999
Mr. Joseph A. Richards
6529 Riverside Avenue, Ste. 115
Riverside, CA 92506
Subject: Planning Commission Approval of Conditional Use Permit 99-043- AirTouch
Cellular (78-080 Calle Estado)
Dear Mr. Richards,
This letter is to inform you that the Planning Commission considered and approved the
above referenced request at their April 13, 1999 meeting. This approval is subject to
Findings and Conditions of Approval. Attached are the unsigned Resolutions with the Final
Conditions of Approval, for your files. Copies of the signed Resolutions can be obtained
after April 27, 1999, by contacting the Community Development Department at (760) 777-
7125. Should you have any questions regarding this letter, please contact the undersigned
at (760) 777-7068.
Very truly yours,
.JERRY HERMAN
COMMUNITY DEVELOPMENT DIRECTOR
LE LIE MOURIQUA
Associate Planner
Enclosures
c: Marvin Investments
Christine di lorio, Planning Manager
Building 0_fficial, Building&Safety Dept:
Fire Marshal
Public Works Dept.
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MAILING ADDRESS — P.O. BOX 1504 — LA QUINTA, CALIFORNIA 92253
.F
PLANNING COMMISSION RESOLUTION 99-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING
'CONDITIONAL USE PERMIT 99-043 TO ALLOW A
CELLULAR TELEPHONE ANTENNA SITE TO BE INSTALLED
ON THE ROOF OF AN EXISTING BUILDING AND
SCREENED WITH A 5.5 -FOOT TALL STUCCO PARAPET
WALL, WITH ASSOCIATED EQUIPMENT HOUSED WITHIN
THE EXISTING BUILDING LOCATED WITHIN THE VILLAGE
COMMERCIAL (VC) ZONING DISTRICT AT 78-080 CALLE
ESTADO
CASE NO. CONDITIONAL USE PERMIT 99-043
APPLICANT: AIRTOUCH CELLULAR
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 13th day of April, 1999, hold a duly noticed Public Hearing, at the request
of AirTouch Cellular, to consider a cellular telephone antenna site within the Village
Commercial (VC) Zoning District, located at 78-080 Calle Estado; 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 the approval of said Conditional
Use Permit:
1. The proposed cellular telephone antenna site is consistent with current
standards of the Zoning Code in that Chapter 9.170 conditionally permits
commercial cellular telephone antenna sites, and that the proposed antenna
screen wall will comply with the height requirements of Section 9.65.030
(A)(2) of the VC (Village Commercial) Zoning District. Therefore, the proposed
cellular telephone antenna site is consistent with the current Zoning Code.
2. The proposed cellular telephone antenna site is compatible with the goals and
policies of the General Plan, in that the project serves to fulfill General Plan
Objective 7-1.4 which states that the City shall utilize alternative means to
ensure the adequate provision of natural gas, electrical, cable television and
telecommunications facilities to serve the domestic and commercial needs of
the community.
3. The proposed cellular telephone antenna site is subject to the requirements of
the California Environmental Quality Act (CEQA), as there is the potential for
some types of telecommunications equipment to emit radioactive waves which
R
Planning Commission Resolution 99 -
could adversely impact the public's health. Environmental Assessment 99-377
did not identify any potential harmful effects from the proposed antennas for
this project. Additionally, the proposed. antennas meet the current standards
for nonionizing electromagnetic radiation as stipulated in Section 9.1.70.080 of
the Zoning Code.
4. The proposed cellular telephone antenna site will not create conditions injurious
to or incompatible with other properties or land uses in the vicinity, with the
implementation of the attached conditions.
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 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 13th day of.April, 1999, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT T. TYLER, Chairman
City of La Quinta, California
ATTEST:
JERRY HERMAN, Community Development Director
City of La Quinta, California
PAperesCUP99-043AirTouch.wpd
PLANNING COMMISSION RESOLUTION 99-028
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 99-043
AIRTOUCH CELLULAR - MONROE'BUILDING
APRIL 13, 1999
GENERAL CONDITIONS OF APPROVAL
Upon their approval by the Planning Commission, the City Clerk is authorized to file
these Conditions of Approval with the Riverside County Recorder for recordation
against the properties to which they apply (Assessors Parcel Numbers 769-101-
016).
2. 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.
3. Approval of this Conditional Use Permit is subject to compliance with Sections
9.210.020 and 9.170.010 of the Zoning Code, as applicable.
4. Prior to the issuance of an improvement or building permit, the applicant shall
obtain permits and/or clearances from the following public agencies:
• Fire Marshal
• Public Works Department
• Community Development Department
• Riverside County Environmental Health Department
• Desert Sands Unified School District
• 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. .
5. Development of this site shall be in substantial conformance with Exhibits approved
and contained in the file for Conditional Use Permit 99-043, unless amended by the
following conditions.
6. The approved Conditional Use Permit shall be used within one year from City
approval date of April 13, 1999; 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. One
year time extensions up to a total of two extensions may be requested pursuant to
City requirements.
Planning Commission Resolution 99-028
Conditional Use Permit 99-043 - Adopted
AirTouch Cellular
April 13, 1999
7. No signs are permitted as part of this approval.
8. The parapet coping at the top of the screen wall shall match the width and design
of existing coping on other parapet walls..
.FEES AND DEPOSITS
9. 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.
10. 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. This fee shall be forwarded to the Riverside County Clerk's
Office for payment of the State -required Fish and Game Fees and administrative
handling fee.
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:(
PLANNING COMMISSION RESOLUTION 99-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A
MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL
ASSESSMENT 99-377 PREPARED FOR CONDITIONAL USE
PERMIT 99-043 TO ALLOW A CELLULAR TELEPHONE
ANTENNA SITE TO BE INSTALLED ON THE ROOF OF AN
EXISTING BUILDING AND SCREENED WITH A 5.5 -FOOT
TALL STUCCO' PARAPET WALL, WITH ASSOCIATED
EQUIPMENT HOUSED WITHIN THE EXISTING BUILDING
LOCATED WITHIN THE VILLAGE COMMERCIAL (VC)
ZONING DISTRICT AT 78-080 CALLE ESTADO.
ENVIRONMENTAL ASSESSMENT 99-377
APPLICANT: AIRTOUCH CELLULAR
WHEREAS, the Planning Commission of the City of La Quinta, California, did
on the 13'h day of April, 1999, hold a duty noticed. Public Hearing, at the request of
AirTouch Cellular, to allow a cellular telephone antenna site at 78-080 Calle Estado; and,
WHEREAS, said application has complied with the requirements of "The
Rules to Implement the California Environmental Quality Act of 1970" as amended,
(Resolution 83-68 adopted by the La Quinta City Council) in that the Community
Development Department has prepared an Initial Study, and has determined that although
there is some potential for the proposed cellular telephone antenna site to have potentially
significant adverse impacts, there'would not be a significant effect in this case because
appropriate mitigation measures were made a part of the assessment and are included in
the Conditions of Approval, and a Mitigated Negative Declaration of Environmental Impact
should be filed; and,
WHEREAS, upon hearing and considering all testimony and arguments, if
any, of all interested persons desiring to be heard, said Planning Commission did find the
following facts, findings, and reasons to justify certifying said Environmental Assessment:
1. The proposed cellular telephone antenna site will not be detrimental to the health,
safety, or general welfare of the community, either indirectly or directly, in that no
significant unmitigated impacts have been identified by Environmental Assessment
99-377.
2. The proposed cellular telephone antenna site does not have the potential to
degrade the quality of the environment, substantially reduce the habitat of a fish or
wildlife population to result in a drop below self sustaining levels, threaten to
eliminate a plant or animal community, reduce the number or restrict the range of
rare or endangered plants or animals, or eliminate important examples of the major
periods of California history or prehistory, due to the lack of any such resources
existing on or near the existing project site.
r
Planning Commission Resolution 99 -
Conditional Use Permit 99-043
April 13, 1999
3. The proposed cellular telephone antenna site does not have the potential to achieve
short-term environmental goals, to the disadvantage of long-term environmental
goals, as no significant effects on environmental factors have been identified by
Environmental Assessment 99-377.
4. The proposed cellular telephone antenna site will not result in impacts which are
individually limited or cumulatively considerable when considering planned or
proposed development in the immediate vicinity, as the area is an established
commercial district with infrastructure in place to support the requested antenna
site, and the proposal is considered an ancillary part of the existing use which will
not effect an increase in growth through any modification of the current conditions
on the site.
5. The proposed cellular telephone antenna site will not have environmental effects
that will adversely affect the human population, either directly or indirectly, as
supporting documentation submitted by the applicant indicates that microwave and
cellular telephone antenna emissions associated with the proposal will be
substantially below nationally recognized safety thresholds.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the
City of La Quinta, California as follows
That the recitations are true and correct and constitute the findings of the Planning
Commission for this Environmental Assessment.
2. That it does hereby certify Environmental Assessment 99-377 for the reasons set
forth in this Resolution and as stated in the Environmental Assessment Checklist
and Addendum, attached hereto, and on file in the. Community Development
Department.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 13'h day of April, 1999, by the following vote, to
wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
P:\LESLIE\pereseaCUP99-043AirTouch.wpd
ROBERT T. TYLER, Chairman
'City of La Quinta, California
Planning Commission Resolution 99- ,
Conditional Use Permit 99-043
April 13, 1999
ATTEST:
JERRY HERMAN, Community Development Director
City of La Quinta, California
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