PCRES 2009-010PLANNING COMMISSION RESOLUTION 2009-010
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE
CONSTRUCTION OF A 55-FOOT HIGH MONOPALM
TELECOMMUNICATION ANTENNA AND UNMANNED
EQUIPMENT BUILDING ON A PORTION OF A 1.95-ACRE FIRE
STATION SITE, SUBJECT TO CONDITIONS
CASE NO.: CONDITIONAL USE PERMIT 2008-118
APPLICANT: VERIZON WIRELESS
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 24`h day of March, 2009, hold a duly noticed Public
Hearing to consider a request by Verizon Wireless to allow the construction
of a 55-foot high monopalm telecommunication antenna and unmanned one-
story equipment building of 740 square feet, located near the southwest
corner of Madison Street and Avenue 54, in the MC (Major Community
Facility) district, more particularly described as:
APN: 775-100-004
WHEREAS, on the 13" day of February, 2009, the Planning
Department mailed case file material to all affected agencies for their review
and comment, with all written comments received on file with the Planning
Department; and
WHEREAS, the Planning Department published the public
hearing notice in the Desert Sun newspaper on the 7`" day of March, 2009,
for the 241" day of March, 2009, 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, the conditioned height of the monopalm tower meets the
intent of collocation and will minimize adverse visual effects of the tower
and accessory buildings on the surrounding neighborhood; and
WHEREAS, the communication facility will improve telecommunication
service within the City of La Quinta, as shown on the coverage maps
provided by the applicant; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
heard, said Planning Commission did make the following mandatory findings
Planning Commission Resolution 2009-010
Conditional Use Permit 2008-118; Verizon Wireless Monopalm
March 24, 2009
pursuant to Section 9.210.020 of the Zoning Code to justify approval of said
Conditional Use Permit:
1. Consistency with the 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 palm tree to be
compatible with existing mature palm trees and landscaping thereby
limiting its visibility from surrounding public thoroughfares and land
uses. The proposed antenna is located over 150-feet from the
boundary of PGA West and PGA West residential units, ensuring
adequate space separation between both land uses.
2. Consistency with the Zoning Code: The proposed monopalm antenna
and equipment building are consistent with current standards of the
Zoning Code (Chapter 9.90 and 9.170) in that the reduction of the
tower's height to fifty five (55) feet meets the intent of the co
location provisions of the Zoning Code, and in that the potential
adverse visual effects have been mitigated by design of the structures
through the integration of palm trees, landscaping, fencing, and other
man-made structures.
3. Compliance with 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 #70) 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 separation between both land uses and
compliance with 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:
1. That the above recitations are true and correct and constitute the
findings of the Planning Commission for this Conditional Use Permit;
Planning Commission Resolution 2009-010
Conditional Use Permit 2008-118; Verizon Wireless Monopalm
March 24, 2009
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 Planning Commission for this Conditional Use Permit;
2. That it does hereby approve Conditional Use Permit 2008-118 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 24" day of March, 2009, by the
following vote, to wit:
AYES: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman
Alderson
NOES: None
ABSENT: None
ABSTAIN: None
ED ALDERSON, Chairman
City of La Quinta, California
A
AS JOWNSON
Planning Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2009-010
CONDITIONAL USE PERMIT 2008-118; VERIZON WIRELESS
CONDITIONS OF APPROVAL — FINAL
March 24, 2009
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 council.
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 Marshall
Public Works Department (Grading Permit, Improvement Permit)
• Planning Department
• Riverside County Environmental Health Department
• 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 Communication 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, the 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 2009-010
CONDITIONAL USE PERMIT 2008-118; VERIZON WIRELESS
CONDITIONS OF APPROVAL — FINAL
March 24, 2009
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 approval 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
Section 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 and Safety Code S 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 COMMISSIONRESOLUTION 2009-010
CONDITIONAL USE PERMIT 2008-118; VERIZON WIRELESS
CONDITIONS OF APPROVAL - FINAL
March 24, 2009
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
"engineer," "surveyor," and "architect," refer to persons currently certified or
licensed to practice their respective professions in the State of California.
7. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with
the provisions of LQMC Section 13.24.040 (Improvement Plans).
8. The following plans shall be submitted to the Building and Safety Department
for review and approval. The plans shall utilize the minimum scale specified,
unless otherwise authorized by the Building and Safety Director in writing.
Plans may be prepared at a larger scale if additional detail or plan clarity is
desired. Note, the applicant may be required to prepare other improvement
plans not listed here pursuant to improvements required by other agencies
and utility purveyors.
A. On -Site Non -Commercial Building and Precise Grading Plan (as required
by the Building and Safety Department) 1 " = 30' Horizontal
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior
to commencing plan preparation.
9. Upon completion of construction, and prior to record drawing submittal of
the improvements by the City, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved
by the City. Each sheet shall be clearly marked "Record Drawing" and shall
be stamped and signed by the engineer or surveyor certifying to the accuracy
and completeness of the drawings. The applicant shall have all approved
mylars previously submitted to the City, revised to reflect the as -built
conditions. The applicant shall employ or retain the Engineer Of Record
during the construction phase of the project so that the EOR. can make site
visits in support of preparing Record Drawings. However, if subsequent
approved revisions have been approved by the City Engineer and reflect said
"As -Built" conditions, the Engineer Of Record may submit a letter attesting
to said fact to the City Engineer in lieu of mylar submittal.
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PLANNING COMMISSION RESOLUTION 2009-010
CONDITIONAL USE PERMIT 2008-1 18; VERIZON WIRELESS
CONDITIONS OF APPROVAL — FINAL
March 24, 2009
PROPERTY RIGHTS
10. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed installation. The applicant shall allow City staff
or assigned agent in perpetuity and agreement to the method to remove
graffiti and to paint over to best match existing. Pursuant to the
aforementioned, the applicant shall submit and execute an
"AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form
located at the Public Works Department Counter prior to Certificate of
Occupancy.
11. Pursuant to the aforementioned condition, conferred rights shall include
approvals from the City of La Quinta over easements and other property
rights necessary for construction and proper functioning of the proposed
development not limited to access rights over the existing parking lot
facilities and entry access drives. Additionally, the applicant shall enter into
agreements with all users within the property for reciprocal access rights
and/or as specified in the lease agreement.
UTILITIES
12. 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
13. 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.
14. General access points and turning movements of traffic to the site are limited
those approved for the existing access drive from Madison Street and these
conditions of approval.
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PLANNING COMMISSION RESOLUTION 2009-010
CONDITIONAL USE PERMIT 2008-118; VERIZON WIRELESS
CONDITIONS OF APPROVAL — FINAL
March 24, 2009
15. Improvements shall include appurtenances such as traffic control signs,
markings and other devices, raised medians if required, street name signs
and sidewalks.
16. Improvements shall be designed and constructed in accordance with City
adopted standards, supplemental drawings and specifications, or as approved
by the City Engineer. Improvement plans for streets, access gates and
parking areas shall be stamped and signed by qualified engineers.
17. The applicant shall protect existing hardscape along the proposed Verizon
Wireless Prefabricated Equipment Shelter and Monopalm construction area to
include but not be limited to garden walls, landscaping, irrigation systems,
curb and gutter, sidewalk and pavement, and existing building structures.
Restoration to any damaged hardscape shall be to the satisfaction of the City
of La Quinta.
QUALITY ASSURANCE
18. The applicant shall employ construction quality -assurance measures which
meet the approval of the City Engineer.
19. 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.
20. 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, specification and applicable regulations.
21. 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 2009-010
CONDITIONAL USE PERMIT 2008-118; VERIZON WIRELESS
CONDITIONS OF APPROVAL — FINAL
March 24, 2009
MAINTENANCE
22. 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 its responsibility by the appropriate public agency.
FEE AND DEPOSITS
23. 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.
MISCELLANEOUS
24. The applicant shall protect all existing landscaping and irrigation to include
the existing palm trees and shrubbery. A landscaping plan, to include any
necessary restoration of existing landscaping and irrigation systems, shall be
submitted to review and approval by the Planning Department at the time of
submittal for building permit plan check. The plan shall include provisions of
8 to 10 foot high plantings (e.g. shrubs, trailing vines, etc.) in the planting
area, around the proposed monopole and along the proposed equipment
building wall. The equipment building wall shall include 2 to 4 foot high
plantings along all four sides of the wall.
25. The three existing palm tree and three existing trees adjacent to the
monopalm antenna site shall be protected in place. The applicant shall take
all necessary steps to ensure the protection of the three palms and three
trees during the erection of the tower. Removal of any of these plants shall
require replacement at the cost to the applicant.
26. The 4-foot wide access gate into the equipment building area shall be
opaque, and shall be painted to match the proposed wall areas.
27. The microwave antenna proposed as part of the monopalm shall be moved
higher-up along the tower —The microwave antenna shall be screened through
the addition of palm fronds on the tower. If the tower cannot be properly
screen to the satisfaction of the Planning Director, the microwave antenna
shall be relocated within the monopalm tower's bulb.
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PLANNING COMMISSION RESOLUTION 2009-010
CONDITIONAL USE PERMIT 2008-118; VERIZON WIRELESS
CONDITIONS OF APPROVAL - FINAL
March 24, 2009
28. The antenna arrays shall be painted to match the color of the monopalm
tower's palm fronds.
29. The height of the tower shall not exceed fifty-five (55) feet, measured from
finished floor.
30. The applicant shall negotiate in good faith for shared use by third parties; an
owner generally will negotiate in the order in which requests for information
are received, except an owner generally will negotiate with a party who has
received an FCC license or permit before doing so with other parties.
31. This permit shall expire on March 24, 2011, 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.
32. -Building-and-monopalm setbacks shall -comply -with the rules -arid regulations
of Chapter 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.
33. 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 arrays to guarantee that off -site locations (e.g., 200 feet
and beyond) do not see the telecommunication equipment. A visual
inspection by the Planning Department shall be required before a Certificate
of Occupancy permit is issued by the Building and Safety Department.
34. Verizon Wireless shall secure a lease agreement with the property owner
prior to any improvements. Once the lease agreement is secured a copy shall
be submitted to the Planning Department for placement in the file.
35. Verizon Wireless shall have a continuing obligation to respond to and resolve
any and all complaints associated with any potential interference with
frequencies related to residential and/or life safety communications and
operations. Response shall be within 48 hours of receipt of notice of any
such complaints.
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