PCRES 2009-021PLANNING COMMISSION RESOLUTION 2009-021
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, APPROVING THE
PLACEMENT OF ROOF MOUNTED EQUIPMENT AND
TELECOMMUNICATION ANTENNAS WITH MINOR ADDITIONS
TO THE BUILDING ARCHITECTURE AT THE LA QUINTA
MEDICAL CENTER, SUBJECT TO CONDITIONS
CASE NO.: CONDITIONAL USE PERMIT 2009-119
APPLICANT: ROYAL STREET COMMUNICATIONS CA, LLC
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 28`h day of July, 2009, hold a duly noticed Public
Hearing to consider a request by Royal Street Communications to allow the
placement of roof mounted equipment and telecommunications antennas
with minor additions to the building architecture to the La Quinta Medical
Center, located at 47-647 Caleo Bay Drive, in the CC (Community
Commercial) district, more particularly described as:
APN: 643-200-004
WHEREAS, on the 20`" day of April, 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 15`h day of July, 2009, for the
28`h day. of July, 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 Planning Department received correspondence from
nearby residents expressing concerns regarding the height of the building and
the potential of blocked views which are included in Attachment 3 of the
July 28, 2009 Planning Commission Staff Report; and
WHEREAS, the' placement of roof mounted equipment and
telecommunication antennas with minor additions to the building architecture
will minimize adverse visual effects of the antennas and equipment on the
surrounding neighborhood; and
Planning Commission Resolution 2009-021
Conditional Use Permit 2009-119; Royal Street Communications
July 28, 2009
WHEREAS, the communication facility will improve telecommunication
service within the City of La Quinta by providing alternative service provider
options to residents; 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
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 roof mounted equipment and telecommunication
antennas 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. The communication
antennas are designed to be completely screened from view by minor
additions to the building architecture thereby restricting its visibility
from surrounding public thoroughfares and land uses.
2. Consistency with the Zoning Code: The proposed roof mounted
equipment and telecommunication antennas are consistent with
current standards of the Zoning Code (Chapter 9.100 and 9.170) in
that the potential adverse visual effects have been mitigated by minor
additions to the building architecture and the requirement of applicable
Federal licenses.
3. Compliance with CEQA: Installation of the proposed antenna and
equipment have been determined to be exempt from CEQA, under
Guidelines Section 15332 (Infill Development), in that the project is
located on an existing building on a site that is less than five (5) acres
in size and surrounded by an area of urban development.
4. Compatibility with Surrounding Uses: The proposed improvements are
located on the roof of the existing La Quinta Medical Center and
adequately screened from view through minor in -kind additions to the
building architecture in a manner that does not significantly increase
the mass or height of the existing structure.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of La Quinta, California, as follows:
Planning Commission Resolution 2009-021
Conditional Use Permit 2009-119; Royal Street Communications
July 28, 2009
1. 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 2009-119 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 28" day of July, 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
LES jOOI9NSON
Planning Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2009-021
CONDITIONAL USE PERMIT 2009-119; ROYAL STREET COMMUNICATIONS
CONDITIONS OF.APPROVAL - FINAL
July 28, 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: This permit shall expire on July 28, 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.
3. 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
• Planning Department
• Building and Safety 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.
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PLANNING COMMISSION RESOLUTION 2009-021
CONDITIONAL USE PERMIT 2009-119; ROYAL STREET COMMUNICATIONS
CONDITIONS OF APPROVAL - FINAL
July 28, 2009
The applicant shall comply with applicable provisions of the City's NPDES
stormwater discharge permit.
FEE AND DEPOSITS
4. 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.
5. The applicant shall comply with CEQA Article 19 § 15301 Class 1, and shall
pay to the City a $64 filing fee for the cost of recording the Notice of
Exemption with the County Recorder.
PLANNING
6: Improvements to the buildings' roof shall conform to the plans on file with
the Planning Department as Conditional Use Permit 2009-119. The applicant
is permitted a total of six (6) antennas, one (1) parabolic antenna and
associated equipment.
7. The applicant shall protect all existing roof -mounted equipment in -place.
Placement of antennas shall not interfere with the use or function of existing
roof -mounted equipment.
8. The antennas shall not exceed a height of three (3) feet and shall be
mounted securely to the buildings' roof. No antenna shall be visible from
above the roof line of the building. All antennas shall be screened from public
view, in compliance with L.Q.M.0 Section 9.100.150, through the
construction of RF transparent cornice walls.
9. Equipment associated with this permit and mounted to the building roof shall
not be visible from above the parapets of the building. All associated
equipment shall comply with screening requirements set in L.Q.M.0 Section
9.100.150.
10. Architectural improvements to the building shall be limited to the
construction of RF transparent cornice screens. The screens shall be
designed and painted to match the existing cornice and parapets on the
building.
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PLANNING COMMISSION RESOLUTION 2009-021
CONDITIONAL USE PERMIT 2009-119; ROYAL STREET COMMUNICATIONS
CONDITIONS OF APPROVAL - FINAL
July 28, 2009
11, RF transparent screens shall not exceed a width of five (5) feet and a length
of five (5) feet. The RF transparent screens shall not exceed a height greater
than the existing cornice wall. Construction and design of the RF transparent
screens shall conform with the architectural renderings provided in this
Conditional Use Permit.
12. Prior to issuance of any building permits or improvements, the applicant shall
provide evidence of all required licenses to the Planning Department.
13. Prior to issuance of any building permits or improvements, the applicant shall
secure a lease agreement with the property owner and provide a copy of said
agreement to the Planning Department.
14. Royal Street Communications 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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