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CUP 1999-043f I* ./ C/Ty A" O� p� �'� 00,' rA 4�l i��f'�ICt/ [3t//t0/;VGR � 8 Vow 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. P:\ItrPCa pprovaICU P99-043AirTouch.wpd 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. P:\PCcoaCUP99-043AirTouch.wpd :( 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 P:\LESLIE\pereseaCUP99-043AirTouch..wpd