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PCRES 2004-060PLANNING COMMISSION RESOLUTION 2004-060 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 60- FOOT HIGH MONOPALM COMMUNICATION ANTENNA AND 184 SQ. FT. ONE STORY UNMANNED EQUIPMENT BUILDING ON A PORTION OF A 1.8-ACRE IMPERIAL IRRIGATION DISTRICT ELECTRIC POWER SUBSTATION SITE, SUBJECT TO CONDITIONS CASE NO.: CONDITIONAL USE PERMIT 2004-084 APPLICANT: VERIZON WIRELESS WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 10t" day of August, 2004, hold a duly noticed Public Hearing to consider the request of Verizon Wireless to install a 60-foot high monopalm communication antenna and unmanned one story equipment building 0 84 sq. ft.) on the south side of Avenue 48 and 190 feet west of Jefferson Street in an Golf Course Open Space land use area, more particularly described as: APN 649-100-010 (Portions of Parcels 18 & 19 of Parcel Map 20469) WHEREAS, The Community Development Department has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32) in that this is an in -fill development site surrounded by urban services and major thoroughfares improvements; and WHEREAS, on June 10, 2004, the Community Development Department mailed case file materials to all affected agencies for their review and comment. All written comments are on file with the Community Development Department; and WHEREAS, the Community Development Department published the public hearing notice in the Desert Sun newspaper on July 28, 2004, for the August 10, 2003 Planning Commission meeting as prescribed by Section 9.200.110 (Public Notice Procedure) of the Zoning Code. Public hearing notices were also mailed to all property owners and residents within 500 feet of the site; 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 find the following facts and reasons to justify approval of said Conditional Use Permit pursuant to Section 9.210.020 of the Zoning Code: P:\Reports - PC\8-10-2004\Verizon CUP\Reno CUP84.doc Planning Commission Resolution 2004-060 Conditional Use Permit 2004-084, Verizon Wireless August 10, 2004 Page 2 1. Consistency with General Plan. The design and improvements of the proposed monopalm are consistent with La Quinta General Plan (Chapter 7) that requires utilities and communication facilities to blend in with the surrounding improvements and insures residents have access to reliable services such as wireless telephones. This communication antenna is designed to replicate a Date Palm tree to be compatible with existing mature landscaping thereby lessening its visibility from surrounding public thoroughfares. The proposed antenna is located over 300-feet to the north of existing Rancho La Quinta houses ensuring adequate space separation between both land uses. 2. Consistency with Zoning Code. The proposed monopalm antenna and equipment building are consistent with current standards of the Zoning Code (Chapters 9.130 and 9.170) in that potential adverse visual effects have been mitigated by design of the structures through the use of Date Palm trees, fencing, and other man-made structures. 3. California Environmental Quality Act (CEQA). The monopalm antenna and equipment building are not likely to cause serious public health problems, or adversely impact the general public welfare or safety, in that the site is currently developed with a regional electrical power substation and conditions are being imposed to ensure consistency with surrounding land uses for the 1.8-acre parcel. Based on information from the City's General Plan, this site is located approximately 16 miles from the San Andreas earthquake fault which means groundshaking activities occur, but do not preclude development because of soils stabilizations measures. Site flooding is unlikely based on flood insurance maps on file with the City's Public Works Department and information received from the Coachella Valley Water District. Roadway noises will not impact the communication site, as the building structure is unmanned and located 200 feet or more from Arterial thoroughfares. As the site is approximately 2.8 miles south of the Bermuda Dunes Airport, Verizon Wireless must obtain a clearance from the Federal Aviation Agency (FAA) that the monopalm will not impact air travel. As the monopalm is less than 150 feet tall, Verizon should not have a problem securing an FAA entitlement in that existing overhead utility lines in the area are placed at a similar height to the monopalm. Based on the City's General Plan EIR, the project is not within an area designated for endangered, rare or threatened wildlife species. 4. Compatibility with Surrounding Uses. The proposed Verizon improvements are located over 300-feet to the north of existing Rancho La Quinta houses P:\Reports - PC\8-10-2004\Verizon CUP\Reso CUP84.doc Planning Commission Resolution 2004-060 Conditional Use Permit 2004-084, Verizon Wireless August 10, 2004 Page 3 ensuring adequate space separation between both land uses. The monopalm will be screened by existing landscape improvements. Monopalm-type telecommunication antennas are one of the most architecturally attractive tower facilities available and are visually appealing for urban areas, especially abutting Date Palm trees. 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 constitute the findings of the Planning Commission in this case; and 2. That the in -fill project, as designed, is consistent with the guidelines of Section 15322 (Class 32) of the California Environmental Quality Act (CEQA). Therefore, the project is not detrimental to public health and safety services or sensitive to environmental wildlife habitats; and 3. That it does hereby approve Conditional Use Permit 2004-084 for the reasons set forth in this Resolution, subject to the Conditions attached hereto. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Planning Commission, held on the 10`" day of August, 2004, by the following vote, to wit: AYES: Commissioners Daniels, Krieger, Ladner, and Chairman Kirk NOES: None ABSENT: Commissioner Quill ABSTAIN: None I KIRK, Chairman of La Quinta, California P:\Reports - PC\8-10-2004\Verizon CUP\Reso CUP84.doc Planning Commission Resolution 2004-060 Conditional Use Permit 2004-084, Verizon Wireless August 10, 2004 Page 4 ATTEST: OSCAR ORCI, Planning Manager City of La Quinta, California P:\Reports - PC\8-10-2004\Verizon CUP\Reso CUP84.doc PLANNING COMMISSION RESOLUTION 2004-060 CONDITIONS OF APPROVAL — FINAL CONDITIONAL USE PERMIT 2004-084, VERIZON WIRELESS AUGUST 10, 2004 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 Site Development 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. 2. Prior to the issuance of a grading, construction or building permit, the applicant shall obtain applicable permits and/or clearances from the following agencies, if applicable or required: • Fire Marshal • Public Works Department (Grading Permit, Improvement Permit) • Community Development Department (CDD) • Riverside Co. Environmental Health Department (RCEHD) • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQCB) • Public Utilities Commission (PUC) Federal Communications Commission (FCC) • Federal Aviation Agency (FAA) The applicant is responsible for all requirements of the permits or clearances from the above listed agencies and departments. If the requirements include approval of improvement plans, applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. The applicant shall comply with applicable provisions of the City's NPDES stormwater discharge permit. For projects requiring project -specific NPDES construction permits, the applicant shall submit a copy of the CWQCB acknowledgment of the applicant's Notice of Intent prior to issuance of a grading or site construction permit. The applicant shall ensure that the required Storm Water Pollution Protection Plan is available for inspection at the project site. P:\Reports - PC\8-10-2004\Verizon CUP\cond CUP84 Verizon2004.doc Planning Commission Resolution 2004-060 Conditions of Approval - Final Conditional Use Permit 2004-084 August 10, 2004 Page 2 GRADING 3. The applicant shall comply with the provisions of Section 13.24.050 (Grading Improvements), LQMC. 4. Prior to occupancy of the project site for any construction, or other purposes, the applicant shall obtain a grading permit approved by the City Engineer. 5. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer, C. A Fugitive Dust Control Plan prepared in accordance with Chapter 6.16 (Fugitive Dust Control), LQMC, and D. A Best Management Practices report prepared in accordance with Sections 8.70.010 and 13.24.170 (NPDES stormwater discharge permit and Storm Management and Discharge Controls), LQMC. All grading shall conform to the recommendations contained in the Preliminary Soils Report, and shall be certified as being adequate by a soils engineer, or by an engineering geologist. A statement shall appear on the grading plan that a soils report has been prepared in accordance with the California Health & Safety Code § 17953. The applicant shall furnish security, in a form acceptable to the City, and in an amount sufficient to guarantee compliance with the approved Fugitive Dust Control Plan provisions as submitted with its application for a grading permit. 6. Prior to the issuance of a building permit, the applicant shall provide a building pad certification stamped and signed by a qualified engineer or surveyor. 7. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within the right of way and all above -ground utility structures including, but not limited to, traffic signal cabinets, electrical vaults, water Planning Commission Resolution 2004-060 Conditions of Approval — Final Conditional Use Permit 2004-084 August 10, 2004 Page 3 valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. PARKING/ACCESS POINTS 8. The applicant shall design street pavement sections using Caltrans' design procedure (20-year life) and site -specific data for soil strength and anticipated traffic loading (including construction traffic). Minimum structural sections shall be as follows (or approved equivalents for alternate materials): Access Driveway 3.0" a.c./4.50" c.a.b. 9. General access points and turning movements of traffic are limited to the following: Access Driveway — The applicant shall use the existing access to the IID Substation site. The access driveway shall be a paved surface from Avenue 48 to the access gate. The applicant shall provide a decorative access gate to replace the existing chain link fence gate to be approved by the Public Works and Community Development Departments. QUALITY ASSURANCE 10. The applicant shall employ construction quality -assurance measures which meet the approval of the City Engineer. 11. The applicant shall employ or retain qualified civil engineers, geotechnical engineers, surveyors, or other appropriate professionals to provide sufficient construction supervision to be able to furnish and sign accurate record drawings. 12. The applicant shall arrange and bear the cost of measurement, sampling and testing procedures not included in the City's inspection program but required by the City as evidence that construction materials and methods comply with plans, specifications and applicable regulations. 13. Upon completion of construction, the applicant shall furnish the City reproducible record drawings of all improvement plans which were signed by the City. Each sheet shall be clearly marked "Record Drawings," "As -Built" or "As -Constructed" and shall be stamped and signed by the engineer or Planning Commission Resolution 2004-060 Conditions of Approval - Final Conditional Use Permit 2004-084 August 10, 2004 Page 4 surveyor certifying to the accuracy of the drawings. The applicant shall revise the CAD or raster -image files previously submitted to the City to reflect as -constructed conditions. MAINTENANCE 14. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements, perimeter landscaping, access drives, and sidewalks. The applicant shall maintain required public improvements until expressly released from this responsibility by the appropriate public agency. FEES AND DEPOSITS 15. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. FIRE DEPARTMENT 16. A minimum 2A-10BC fire extinguisher shall be mounted on the inside of the equipment building. 17. A KNOX padlock shall be installed on the gate and a KNOX key box installed on the building. In lieu of the KNOX padlock, a key storage box may be mounted at the gate entrance with both gate and building keys. Please contact the Fire Department Planning & Engineering staff (c/o Dale Evenson, Fire Safety Specialist) at (760) 863-8886 if you have any questions. MISCELLANEOUS 18. This permit shall expire one year from the effective date of approval, as defined in Section 9.200.060, unless a one-year time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. A request for a time extension shall be filed with the Community Development Department on, or before, July 10, 2005. 19. Building and monopalm setbacks shall comply with the rules and regulations of Chapters 9.130 and 9.170 of the Zoning Code. An easement can be secured restricting development on the Rancho La Quinta golf course in order to satisfy the requirements of Section 9.170.060 (Items C and D). The recorded easement shall run concurrently with the subject improvements. Planning Commission Resolution 2004-060 Conditions of Approval — Final Conditional Use Permit 2004-084 August 10, 2004 Page 5 The recorded easement may only be extinguished or modified when the improvements are removed, or if, the City's Zoning Code standards are modified to permit such changes, and subject to approval by the City Manager or City Attorney. If an easement cannot be obtained, the site can be relocated as long as it is within the substation and meets City requirements and is approved by the Community Development Director and/or Public Works Director. 20. A minimum of two parking spaces shall be provided in close proximity to the equipment building as require by the Zoning Code. 21. The synthetic palm fronds shall extend a minimum of three feet beyond the communication antennas. Placement of the palm fronds shall be heaviest around the antenna assembly to guarantee that off -site locations (e.g., 200 feet and beyond) do not see the telecommunication equipment. A visual inspection by the Community Development Department shall be required before a Certificate of Occupancy permit is issued by the Building and Safety Department. 22. If the existing Rancho La Quinta landscape improvements abutting the Verizon site are removed in the future, the applicant shall install replacement vegetation around their lease site pursuant to the requirements of the Zoning Code. 23. In the event that the permittee violates or fails to comply with any of the Conditions of Approval of this permit, no further permits, licenses, approvals, certificates of occupancy shall be issued until such violation has been fully remedied. 24. The applicant shall allow other service providers the opportunity to locate on the monopalm. Any additional providers are required to apply for a conditional use permit to be reviewed and approved by the Planning Commission.