PCRES 2004-063PLANNING COMMISSION RESOLUTION 2004-063
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE USE
OF A 60-FOOT HIGH MONOPALM COMMUNICATION
ANTENNA AND UNMANNED EQUIPMENT BUILDING ON A
PORTION OF A 1.95-ACRE FIRE STATION SITE, SUBJECT
TO CONDITIONS
CASE NO.: CONDITIONAL USE PERMIT 2004-085
APPLICANT: NEXTEL COMMUNICATIONS
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 14" day of September, 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 of
230 sq. ft., located on the southwest corner of Avenue 54 and Madison Street in
the MC (Major Community Facility) district, more particularly described as:
PER DEED RECORDED JULY 9, 1985 AS DOCUMENT # 149778
RECORDS OF RIVERSIDE COUNTY
WHEREAS, on the 51h day of August 2004, the Community
Development Department mailed case file materials to all affected agencies for their
review and comment, with all written comments received on file with the
Community Development Department; and
WHEREAS, the Community Development Department published the
public hearing notice in the Desert Sun newspaper on the 41h day of September,
2004, for the 141" day of September, 2004 Planning Commission meeting as
prescribed by Section 9.200.110 (Public Notice Procedure) of the Zoning Code, and
by mailing a copy of said public hearing notice 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:
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
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Planning Commission Resolution 2004-063
Conditional Use Permit 2004-085 - Nextel Communications
September 14, 2004
Page 2
designed to replicate a palm tree to be compatible with existing mature
landscaping thereby limiting its visibility from surrounding public
thoroughfares and land uses. The proposed antenna is located over 150-feet
from existing PGA West residential units, 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 integration of palm
trees, fencing, and other man-made structures.
3. California Environmental Quality Act (CEQA). The monopalm antenna and
equipment building have been determined to be exempt from CEQA, under
Guidelines Section 15332 (Infill Development), in that the site is fully
developed as a public service land use (fire station) that is surrounded by
urban infrastructure improvements (e.g., water, sanitation, etc.)•
4. Compatibility with Surrounding Uses. The proposed improvements are
located over 150-feet from the closest existing PGA West residential units,
ensuring adequate space separation between both land uses and compliance
with the requirements of Chapter 9.170. The monopalm will be camouflaged
by multiple stands of existing palm trees.
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 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; and,
3. That it does hereby approve Conditional Use Permit 2004-085 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 141h day of September, 2004, by the
following vote, to wit:
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Planning Commission Resolution 2004-063
Conditional Use Permit 2004-085 - Nextel Communications
September 14, 2004
Page 3
AYES: Commissioners Daniels, Ladner, Quill, and Chairman Kirk
NOES: None
ABSENT: Commissioner Krieger
ABSTAIN: None
M KI Chairman
C La Quinta, California
ATTEST:
CAR Cinterim
Community Development Director
City of La Quinta, California
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PLANNING COMMISSION RESOLUTION 2004-063
CONDITIONS OF APPROVAL — FINAL
CONDITIONAL USE PERMIT 2004-085
NEXTEL COMMUNICATIONS
SEPTEMBER 14, 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)
• Coachella Valley Unified School District (CVUSD)
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
Waste Management of the Desert
• 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.
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Planning Commission Resolution 2004-063
Conditions of Approval - Final
Conditional Use Permit 2004-085
September 14, 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.
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Planning Commission Resolution 2004-063
Conditions of Approval - Final
Conditional Use Permit 2004-085
September 14, 2004
Page 3
UTILITIES
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 valves, and telephone stands, to ensure optimum placement for
practical and aesthetic purposes.
PARKING/ACCESS POINTS
8. The applicant shall protect existing hardscape along the proposed
Communication Facility Building and Monopole construction area to include
but not limited to garden walls, landscaping, irrigation systems, curb and
gutter, sidewalk and pavement. Restoration to any damaged hardscape shall
be to the satisfaction of the City of La Quinta.
QUALITY ASSURANCE
9. The applicant shall employ construction quality -assurance measures which
meet the approval of the City Engineer.
10. 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.
11. 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.
12. 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
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.
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Planning Commission Resolution 2004-063
Conditions of Approval — Final
Conditional Use Permit 2004-085
September 14, 2004
Page 4
MAINTENANCE
13. 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
14. 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
15. A minimum 2A-10BC fire extinguisher shall be mounted on the inside of the
equipment building.
16. 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 Wo Dale Evenson,
Fire Safety Specialist) at (760) 863-8886 if you have any questions.
MISCELLANEOUS
17. The applicant shall protect all existing landscaping and irrigation to include
the existing palm trees. A landscaping plan, to include any necessary
restoration of existing landscaping and irrigation systems, shall be submitted
for review and approval by the Community Development Department at the
time of submittal for building permit plan check. The plan shall include
provision of 8 to 10 foot high plantings (e.g. shrubs, trailing vines, etc.) in
the gravel area, behind the proposed equipment building wall, along with 2 to
4 foot high plantings in front of the wall, along all four sides.
18. The 4-foot wide access gate into the equipment building area shall be
opaque, and shall be painted to match the proposed wall areas.
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Planning Commission Resolution 2004-063
Conditions of Approval — Final
Conditional Use Permit 2004-085
September 14, 2004
Page 5
19. This permit shall expire on September 14, 2005, 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, August
14, 2005.
20. Building and monopalm setbacks shall comply with the rules and regulations
of Chapters 9.130 and 9.170 of the Zoning Code. A minimum of two of the
existing paved parking spaces shall be reserved for maintenance personnel,
in close proximity to the equipment building.
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. The final lease agreement shall include the requirement that Nextel of
California shall be responsive to any and all complaints associated with any
potential interference with frequencies related to residential and/or life safety
communications and operations. Nextel shall respond to any such complaints
within 48 hours of receipt of notice of any such complaint.
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