WUW 2003-003City of 'La Quinta
Community Development Department
78-495 Ca1le Tampico
La Quinta, California 92253
(760) 777-7125 FAX: (760) 777-7155
ECEOVF
OCTA'LICATION FOR WAIVER TO UNDERGROUND WIRING
CObffr1UNRY OE(V Of,„,_�; REQUIREMENTS
mpAFTMENT---
OFFICE USE ONLY
Case No. u 1)19 3 —
Date Recvd. 1 D( (
Fee: (
Related Apps.:
UNDERGROUND WAIVER applications are reviewed and approved as a business item by the City Council
pursuant to Section 8.03.020 (120-6), of the Municipal Code. The purpose of the review is to ensure that the
waiving of the underground requirements for poles, utility wires, and associated structures is only allowed in cases
where practical difficulties and unnecessary hardships exist due to certain topographic conditions, street
configurations, underground obstacle, soil, water, or other natural conditions.
+ + + + + 4.
APPLICANT R C H A b T P 1Z E E.
(Print)
MAILING ADDRESS S2-9 4 0 A VEN I D A «A M 1 RZEL Phone No. Wo D 564 3 33 9
CITY, STATE, ZIP: LA O UINTA CA- 522 S 3
PROPERTY OWNER (If different):
MAILING ADDRESS:
CITY, STATE, ZIP:
Fax No.
(Print)
T _t
`
I C T 08 2003 /
Phone No. '
__
CITY OF LA QUINI'A y
Fax No. FINANCE DEPT.
PROJECT LOCATION:
WAIVER IS FOR: UNLEFG1KOUN,011\1C, POWER
SUBSTANTIATION TO SUPPORT WAIVEP()7HEI:E IS N D POWER POLE AT PAL • 7D iEACI4
ONE WITK UNDER6RDUNDING WOULD RE IO I(E ME TD ENCROACH 01.1 PR\VATS
72.6PERTY. L2) MI BACK `IAa IS'SOL `'D CQN(1 .' (3) 7NELJftCNT INFk crION
WITH POWER 6VEKFXISTlRE'S1DEN CE WAS CREATED WHEN A- PERMIT WA•S
ISSUED AND FINAL f4PPROVIfL GRANTED B`R TEE CITY, MN ADD171014 WILL
RElJ1 \V E T1i1S I>V FRt T70N (attach sheets if needed)
LEGAL DESCRIPTION (LOT & TRACT OR A.P.N.): LOT 1" 1 ELK 15B M R3 a 1 B /L 99
SA1`ITA CA M.t L lTA 1/ALE � LA BlllNTA_ LINIXT I Lo
P:\stan\masterform-u.g.wiring waiver
, f, • Application for waiver to underground ,v.,ing requirements
MINIMUM SUBMISSION REQUIREMENTS:
❑ Seven copies of site plan (drawn to scale) showing all improvements (house, driveway, pool, etc.), including
location of wires, poles, etc. in question. If plans are larger than 11" x 17"; fold plans to 8" x 11".
NAME OF APPLICANT R I C H iA D T T`(K E E
(Please Print)
• SIGNATURE OF APPLICANT DATE 9/,3Q %D3
NAME OF PROPERTY OWNER R 1 C H A Rh , -T( 1Z E E
(Please Print)
SIGNATURE OF PROPERTY OWNER(S)
IF NOT SAME AS APPLICANT:
DATE
DA
(Separate written authority by owner to submit application may be provided)
I hereby acknowledge that this application will not be considered complete' until I have 'submitted all required'
documentation and have been notified in writing from the Community Development Department, within thirty (30)
days of submission, that the application is complete. I hereby certify that all information contained in this
application, including all plans and materials required by the City's application submission requirements, is, to the
best of• my knowledge, true and correct.. FALSE OR MISLEADING INFORMATION GIVEN IN THIS
APPLICATION SHALL BE GROUNDS FOR DENYING APPLICATION. I hereby grant the. City authority to
enter onto the property to conduct site inspections and to post required public notices.
•
Page 2.
P:\stan\masterform-u.g.wiring waiver
FILECO
cettif 4 4)Qrthifw
COUNCIL/RDA MEETING DATE: November 18, 2003
ITEM TITLE: Consideration of a Request to Waive the
Underground Wiring Requirements Prescribed in Section
8.03.020 of the La Quinta Municipal Code; Associated
With the Construction of a Room Addition at 52-940
Avenida Ramirez. Applicant: Mr. Richard Tyree
a
AGENDA CATEGORY:
BUSINESS SESSION: Z5
CONSENT CALENDAR:
STUDY SESSION:
PUBLIC HEARING:
RECOMMENDATION:
Waive the Underground Wiring Requirements of Section 8.03.020 of the La Quinta
Municipal Code, associated with the construction of a room addition at 52-940 Avenida
Ramirez, subject to the findings in Exhibit A.
FISCAL IMPLICATIONS:
None.
CHARTER CITY IMPLICATIONS:
None.
BACKGROUND AND OVERVIEW:
Project Proposal
Mr. Richard Tyree has applied for a room addition permit for his residence at 52-940
Avenida Ramirez. In accordance with Electrical Code requirements, electrical wiring
improvements to external utility connections need to be installed. The applicant has
requested a waiver from these underground wiring requirements, under Section 8.03.020
of the La Quinta Municipal Code.
Public Agency Review
A copy of this request was sent to all applicable City Departments on October 30, 2003.
All written comments received are on file with the Community Development Department.
1 '
*AND
FINDINGS AND ALTERNATIVES:
Section 8.03.020, Article 120-6, specifies that the City Council may grant a waiver from
the. underground wiring requirements of this article, if the specific provision in question
would be unreasonable, impractical and cause undue hardship to the applicant or the
general public. If the City Council does grant a waiver, it may impose .reasonable
conditions in the interest of protecting and preserving the public health, safety and
general welfare.
In this case; a review of the facts and circumstances by the Building and Safety Director
was conducted. It,was determined that site conditions will cause practical difficulties
and unnecessary hardship to the applicant, • due to underground obstacles (existing
footings), and topographical conditions (difference in surrounding lot elevations) (see
Attachment 1). To require underground installation of existing wires in this case could be
considered unreasonable and, under Section 8.03.020, Article 120-6, staff recommends
a waiver of these requirements pursuant to the findings contained in the attached Exhibit
A (Attachment 2).
The alternatives available, to the City Council include:
1. Waive the Underground Wiring Requirements of Section 8.03.020 of the La Quinta
Municipal Code, associated with the construction of a room addition at 52-940
Avenida.Ramirez, subject to the attached findings in Exhibit A; or
2. Do not approve the Underground Wiring Waiver request; or
3. Provide staff with alternative direction.
•
Respectfully !submitted,
I
Jerr�-rman
Co nity Development Director
Attachments:;;
Approved for submission by:
Mdrk Weiss, Acting City Manager
1. Site Plan Exhibit
2. Exhibit A
02 .,
ATTACHMENT #1
MINUTE MOTION 2003-
FINDING OF APPROVAL
WAIVER TO UNDERGROUND WIRING 2003-003
RICHARD TYREE =
NOVEMBER 18, 2003
EXHIBIT "A"
The La Quinta City Council has reviewed a request fora waiver to the underground wiring
requirements. of Section 8.03.020, in regard to certain property improvements proposed
at 52940 Avenida Ramirez in the City of La Quinta. In accordance with Title 8 of the La
Quinta Municipal Code - Section 8.03.020, Article ,120-6, the City Council hereby"'
determines the following findings of fact:
1. The property owner, Mr. Richard Tyree, did submit an application (WUW 2003-003),
under Section 8.03.020 of the La Quinta Municipal Code, requesting a waiver to the
requirements of Section 8.03.020.
2. The application was submitted to the Community Development Department, and a.
review of the facts and circumstances by the. Building and Safety Director was
conducted.
The La QuintaCity Council has determined that site conditions will cause practical
difficulties and unnecessary hardship to the applicant, due to underground obstacles
(existing footings), and topographical conditions (difference in surrounding lot
elevations). The requirement for underground installation of existing wires in this case
would be unreasonable, impractical and would cause undue hardship to the applicant.'
City Council Minutes. 29 November 18, 2003
Council. Member Henderson noted the City already has one traffic signal that
is outside of the General Plan and will soon have another one.
Mr. Jonasson stated the traffic problems that exist at Channel Drive is the
purpose for the spacing. requirement.
Council Member Henderson stated she feels sometimes the only way, to
correct an earlier mistake is with another mistake.
Council Member Osborne .stated he feels Washington Park is going to need
southbound access at some point.
Mr.- Jonasson stated he believes a joint access with La Quinta Plaza would
be the best .option, and doing something with Singing Palms to make it a full -
turn Movement would probably be the next best option.
Acting City Manager Weiss suggested a continuance to December 16, 2003,
to allow staff to work with the traffic engineer and come back with a global
analysis and options for this area of Washington Street. He .expressed
concern about doing a contingent approval because of unknown legal
impacts with respect to the other properties.
Mr. Wilkerson stated he supports a continuance to December 16, 2003.
MOTION - It was moved by Council Members Sniff/Osborne to continue the
public hearing . for. Generale Plan Amendment 2003-094, Zone Change
2003-115, and Tentative Tract. Map 31348 for Madison Development to
December 16, 2003.
Council Member Henderson stated she would like to approve the project now
but feels an opportunity exists to clearup a bigger problem.
Motion carried unanimously with Council Member Perkins ABSENT. MINUTE
ORDER NO. 2003-115.
BUSINESS SESSION ........ . continued.
•
8. CONSIDERATION OF A REQUEST TO WAIVE THE UNDER -GROUNDING
-WIRING . /REQUIREMENTS PRESCRIBED IN SECTION 8.03.020 OF THE
LA QUINTA MUNICIPAL CODE ASSOCIATED WITH THE CONSTRUCTION
OF A ROOM. ADDITION AT 52-940 AVENIDA RAMIREZ. APPLICANT:
RICHARD TYREE. •
Community Development Director Herman presentedthe staff report.
•
City Council Minutes 30 November 18, 2003
In response to Mayor Adolph, Mr. Herman stated he wasn't sure why the
panel board was not installed north of the existing panel board except it does
eliminate a potential hazard by taking it away from the existing building.
MOTION — It was moved by .Council Members Henderson/Sniff to waive the
underground wiring requirements of Section 8.03.020 of the La Quinta
Municipal Code associated with the construction of a room addition at
52-940 Avenida Ramirez. Motion carried unanimously 'with Council Member
Perkins ABSENT. MINUTE ORDER NO. 2003-116. . .
Council recessed to the Redevelopment Agency meeting.
Council reconvened.
STUDY SESSION
1. DISCUSSION OF ALTERNATIVE LOCATIONS AND TREATMENTS FOR THE
PROPOSED PEDESTRIAN CROSSING ON AVENIDA BERMUDAS AT
AVENIDA LA FONDA NEAR OLD TOWN.
Public Works Director Jonasson presented the staff report: ' Assistant City
Engineer Speer and Contract City Traffic Engineer Nazir Lalani reviewed
alternative sites and various types of street crossings.
In response to Council •Member) Henderson, Mr: Jonasson confirmed a
sidewalk would be used to get pedestrians from the crosswalk to the parking
lot.
Council Member Henderson askedif the same design would work at Calle
Estado in front of the Post Office and on Desert Club Drive. Mr. Speer
stated it would have to be looked at separately . because the intersection
design is different. She stated she' likes the crossingand suggested
Art in Public Places Funds to add some type l appeal using
of upscale visual appeal. She
also feels more pedestrian identification is needed at the crossings on Calle
Tampico .and suggested some of these design features be carried over to
there.
Council Member Sniff stated he feels the design is somewhat garish but
interesting. He feels a more-centrallylocated crossing would serve all of the
businesses in the Village, and not just Old Town, and would provide easier
•
Wally Nesbit
From: Toni 'Hartung
Sent: Wednesday, November 05, 2003 4:34 PM
To: Wally Nesbit
Cc: Oscar Orci; Jerry Herman
• Subject: RE: Underground wiring waiver request
.t
Site conditions will cause practical difficulties and unecessary hardship due to underground obstacles (existing footings),
and topographical conditions (difference in lot elevations). To require underground installation of existing wires would be
unreasonable per LQMC 8.03..020 120.6. As Building Official I recommend a waiver of the requirements
Tom Hartung
Building & Safety Director '
City of La Quinta
78-495 Calle Tampico
La Quinta; CA 92253
(760) 777-7013
'sL�ctuna@�-4uiata�s��_m�iltQ:ihartu�ng�la�ctuinta�rg�_ - ',
Original Message
From: Wally Nesbit •
Sent: Wednesday, November 05, 2003 4:01 PM '
To: Tom Hartung
Cc:• Oscar Orci; Jerry Herman
Subject: Underground wiring waiver request
I sent over one of these earlier in the week (WUW 03-003). While I don't see anything in the application to justify the
request, I need to defer this recommendation to you as I have no planning codes to base denial or approval on. If i
there are specific circumstances that will allow this waiver to be approved by CC, pls forward them so that we can
prepare a finding for the Council's adoption. It is scheduled for CC on 11/18/03, so I will need comment by 11/7.
I have been informed that we will be changing the Muni Code to place these under authority of your Department in
the future, as the waiver provisions were initiated while B&S was under CD. Any questions, pls contact Oscar.
WALLACE H. NESBIT
ASSOCIATE PLANNER
CITY OF LA QUINTA
PH: 760.777.7069
FAX: 760.777.1233
E-MAIL: WNESBIT@LA-QUINTA.ORG
rLt
(
1
8.03.020 Underground wires. Page 1 of 4
Title 8 BUILDINGS AND CONSTRUCTION
Chapter 8.03 ELECTRICAL CODE
8.03.020 Underground wires.
The following shall be added as a new article to Chapter 1:
Article 120 -- Underground Wires.
120-1 Declaration of Cause, Necessity. The City Council finds that the preservation and protection of the
health, safety and general welfare of the residents of this City, and the public at large, requires that all poles,
wires and associated structures, as defined in subsection (b) of Section 120-2 shall not be constructed, placed
and installed above the surface of the ground for the following reasons:
(a) Poles, wires and associated structures which are constructed above the surface of the ground are a hazard
to the residents and general public in the City of La Quinta because the City is located in Seismic Zone 4, as
defined by the Uniform Building Code. Because of the proximity of the City to the San Andreas Fault, which is
eight miles northeast of La Quinta, and to lesser faults (the Banning Mission Creek and San Jacinto Faults),
the intensity of ground shaking is expected to be significantly higher than for the general Southern California
area.
The Riverside County Seismic Safety Element has delineatedportions of La Quinta as having a high potential
for liquefaction, based on a shallow ground water table generally less than thirty (30) feet below the ground
surface, the presence of relatively young, poorly consolidated soils, and the very strong to severe seismic
ground shaking expected in the area. The potential for liquefaction of the underlying soils (a "quicksand" type
of ground failure caused by strong ground shaking) is considered to be possibly moderate to locally high,
depending upon the water table depth and the composition and density of the underlying alluvial deposits.
(b) While lot sizes in the cove area of the City are considered to be legal, they were established under
standards that would not be acceptable today. The minimum square footage of dwellings.in that area leaves
only a minimal amount of the lot for landscaping and recreation purposes. Overhead wires prevent
homeowners, in many cases, from using their property to its full potential -The Imperial Irrigation District has
reported occurrences of death in cases where individuals have been electrocuted while maintaining
landscaping (high trees). Because of the style of living in the desert, it is common for homeowners to apply for
permits for swimming pools. In many cases, only small pools can be installed because of the proximity of
overhead wires thus depriving property owners full use of property'available to them within the legal setback
requirements.
(c) Poles, wires and associated structures, which are constructed, placed or installed above the surface of the
ground, are a hazard to the safety and health of operators of motor vehicles and passengers therein since they
constitute encroachments which reduce and obstruct the vision of such operators and thereby preclude a
reasonable response time by an operator to an emergency situation after noticing such. Said poles, wires and
associated structures are a danger to fire suppression and prevention personnel, who, by reason of their jobs
and duties, frequently come in close proximity thereto, particularly when using ladders, booms and cranes. The
construction, placement and installation of such wires and associated structures underground will substantially
reduce said hazards.
(d) Said poles, wires and associated structures also create dangerous situations, causing death, injuries and
property damage through fires and electrocution by reason of being topped, tipped and otherwise displaced by
uncontrolled weather elements such as rain, wind and electrical storms. Said hazards will be substantially
eliminated by the construction, placement and installation of said wires and associated structures
underground.
http :// 194.169.1.2/cityclerk/citycode/_DATA/TITLE08/Chapter_8_03_ELECTRICAL_CODE/8_03_020_1... 10/31 /03
EYI:ST/N6. La' WALL.
.EX lST11V G II
pgwfp
.51e1/1;LE :Pli L
PLOT FLAN
. AWN ETI -FR131705E1)1 WA1VEZ
K1C1-1AnT5TfUhMg6MU.l\Ib1NG
f
iic Pt) LE
' 2.9574 I.
f�- C]LEANbEVS
1 "X 12'' : WOI3D.
•