Loading...
PC Resolution 2010-019PLANNING COMMISSION RESOLUTION 2010-019 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE CO -LOCATION OF SIX PANEL ANTENNAS FOR AN EXISTING TELECOMMUNICATION MONO -PALM TOWER AND EQUIPMENT SHELTER CASE NO.: CONDITIONAL USE PERMIT 2009-127, AMD. 1 APPLICANT: ROYAL STREET COMMUNICATIONS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 271h day of July, 2010, hold a noticed Public Hearing to consider a request by Royal Street Communications, to allow the co - location of six panel antennas for an existing telecommunication monopalm tower and equipment enclosure at Riverside County Fire Station #32, located at 78-136 Francis Hack Lane, in the MC (Major Community Facilities) zoning district, more particularly described as: APN: 770-184-005 WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 1" day of July, 2010, for the 271h day of .July, 2010, 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 co -location of panel antennas on the existing monopalm tower will minimize adverse visual effects of the antennas and decrease the need for additional telecommunication towers and equipment on the surrounding area; and WHEREAS, the telecommunication facility will improve telecommunication service options within this portion of the City of La Quinta; 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 co -location on the existing monopalm tower and Planning Commission Resolution 2010-019 Conditional Use Permit 2009-127, Amd. 1: Royal Street Communication July 27, 2010 equipment enclosure 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 telecommunication services such as wireless telephones. The co -location on the existing monopalm tower at this site will have a negligible impact on the surrounding public thoroughfares and land uses. 2. Consistency with the Zoning Code: The placement of the monopalm tower and equipment enclosure are consistent with current standards of the Zoning Code (Chapter 9.90 and 9.170) in that the potential adverse visual effects have been mitigated, and all perimeter setback requirements have been met. 3. Compliance with CEQA: The placement of new panel antennas for co - location on the existing monopalm tower and equipment enclosure have been determined to be exempt from CEQA, under Guidelines Section 15332 (Infill Development), in that the site is developed as a Riverside County fire station and City yard that is surrounded by urban infrastructure improvements (e.g., roads, water, sanitation, etc.). 4. Compatibility with Surrounding Uses: The proposed improvements are located on an existing built site. The proposed monopalm and equipment enclosure are consistent with the surrounding architectural theme and public facility improvements. 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; 2. That it does hereby approve Conditional Use Permit 2009-127, Amendment 1 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 27t" day of July, 2010, by the following vote, to wit: Planning Commission Resolution 2010-019 Conditional Use Permit 2009-127, Amd. 1: Royal Street Communication July 27, 2010 AYES: Commissioners Quill, Weber, Wilkinson and Vice Chairperson Barrows NOES: None ABSENT: Chairman Alderson ABSTAIN: None t KA IE BAR136Wt, Vice Chairperson City of La Quinta, California ATTEST: IfES JOF 'SON Planning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2010-019 CONDITIONAL USE PERMIT 2009-127; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - FINAL July 27, 2010 GENERAL 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 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: • Riverside County Fire Marshall • Public Works Department (Grading Permit, Improvement Permit) • Planning Department • Riverside County Environmental Health Department • Public Utilities Commission (PUC) • Federal Communication Commission (FCC) • Federal Aviation Agency (FAA) • Desert Recreation District 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. 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. 3. 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). PLANNING COMMISSION RESOLUTION 2010-019 CONDITIONAL USE PERMIT 2009-127; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - FINAL July 27, 2010 4 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. 5, 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. PROPERTY RIGHTS 6. 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. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Pursuant to this condition, the applicant shall comply with the applicable lease agreements entered upon with the City of La Quinta and/or Riverside County. PLANNING COMMISSION RESOLUTION 2010-019 CONDITIONAL USE PERMIT 2009-127; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - FINAL July 27, 2010 UTILITIES 7. The applicant shall comply with the provisions of LQMC Section 13.24.1 10 (Utilities). 8. 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 9. The applicant shall protect existing hardscape along the proposed Communication equipment 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 10. The applicant: shall employ construction quality -assurance measures which meet the approval of the City Engineer. 11. 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. MAINTENANCE 12. The applicant shall comply with the provisions of LQMC Section 13.24.160, and 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. PLANNING COMMISSION RESOLUTION 2010-019 CONDITIONAL USE PERMIT 2009-127; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - FINAL .July 27, 2010 FEE AND DEPOSITS l3. 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 14. All conditions imposed by Riverside County for the original approval and lease agreement for the tower shall remain in effect unless superseded by conditions required as part of this approval. 15. The applicant shall replace all of the existing and deteriorated faux palm fronds with new faux palm fronds. The applicant is to install a minimum of sixty (60) faux palm fronds. Fronds shall extend to the lowest point of the new panel antennas. All faux fronds are to resemble live palm fronds in both color and appearance, as approved by the Planning Director. 16. The new panel antennas shall be painted to match the color of the existing monopalm tower and shall be flush mounted to the pole. 17. The entire facility shall be maintained in a condition consistent with the conditions of this approval and, if the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. 18. This permit shall expire on July 27, 2012, 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. 19. The applicant shall stucco and paint the exterior of the equipment wall enclosure. The applicant shall stucco and paint the wall enclosure to match the existing walls at the site.