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2009 07 28 PC� T City of La Quinta U_ Planning Commission Agendas are now j available on the City's Web Page n� @ www.la-guinta.org �� 9ti5 OF 'Ct� PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta, California JULY 28, 2009 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2009-020 Beginning Minute Motion 2009-007 CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of July 14, 2009. V. PUBLIC HEARINGS: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item .................. Applicant.......... Location............ Request ............. Action ............... B. Item .................. Applicant........... Location............ Request ............. CONDITIONAL USE PERMIT 2003-075, AMENDMENT 1 Milan Institute of Cosmetology 47-120 Dune Palms Road, Suites C & D; located on the east side of Dune Palms Road, approximately 300 feet south of Highway 111. Consideration of a Conditional Use Permit Amendment to increase the number of students per session for a beauty school within the Regional Commercial District (RC). Resolution 2009- CONDITIONAL USE PERMIT 2009-119 Royal Street Communications 47-647 Caleo Bay Drive Consideration to allow the placement of roof mounted equipment and telecommunication antennas with minor additions to the building architecture. Action ............... Resolution 2009- C. Item .................. CONDITIONAL USE PERMIT 2009-063, AMENDMENT 2 Applicant........... Royal Street Communications Location............ 46-600 Adams Street Request ............. Consideration to allow for the co -location of six panel antennas on an existing telecommunication monopalm tower. Action ............... Resolution 2009- VI. BUSINESS ITEM: VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council meeting of July 21, 2009, by Commissioner Quill. B. Commissioner Weber is scheduled to attend the August 4, 2009, City Council meeting. C. Reminder that there will be no City Council meetings until September 15, 2009; which will be attended by Commissioner Wilkinson. IX. DIRECTOR ITEMS: X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regular Meeting to be held on September 8, 2009, at 7:00 p.m. DECLARATION OF POSTING I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, July 28, 2009 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, 51-321 Avenida Bermudas, on Friday, July 24, 2009. DATED: July 24, 2009 *A49wo*— Monika Radeva, Secretary, for CAROLYN WALKER, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. PH # A PLANNING COMMISSION STAFF REPORT DATE: JULY 28, 2009 CASE NO.: CONDITIONAL USE PERMIT 2003-075, AMENDMENT NO. 1 APPLICANT: MILAN INSTITUTE OF COSMETOLOGY GARY YASUDA PROPERTY OWNER: PATRICIA WOOD REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT AMENDMENT TO EXPAND AN EXISTING TENANT IMPROVEMENT FROM 5,041 TO 7,593 SQUARE FEET AND INCREASE THE NUMBER OF STUDENTS PER SESSION FROM EIGHT TO TWOENTY FOR A BEAUTY SCHOOL WITHIN THE REGIONAL COMMERCIAL DISTRICT (RC) LOCATION: 47-120 DUNE PALMS ROAD; EAST SIDE OF DUNE PALMS ROAD, APPROXIMATELY 300 FEET SOUTH OF HIGHWAY 111, WITHIN DUNE PALMS PLAZA ENVIRONMENTAL CONSIDERATION: THE COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15301 (CLASS 1 LEASING OF EXISTING PRIVATE FACILITIES) AND SECTION 15332 (CLASS 32 IN -FILL DEVELOPMENT) GENERAL PLAN DESIGNATION: RC (REGIONAL COMMERCIAL) ZONING: CR (REGIONAL COMMERCIAL) SURROUNDING ZONING / LAND USES: NORTH REGIONAL COMMERCIAL / FUEL STATION SOUTH COMMERCIAL PARK / STORAGE FACILITY EAST REGIONAL COMMERCIAL / VACANT WEST REGIONAL COMMERCIAL / CENTRE AT LA QUINTA COMMERCIAL CENTER CUP 2003-075 Amendment 1 REPORT BACKGROUND: Approval of the original Conditional Use Permit was granted for a 5,041 square foot beauty college within an existing 23,184 square foot building that is a part of the Dune Palms Center Specific Plan (SP 1996-028) in February of 1997. The original applicant, Coachella Valley Beauty College, was conditioned to limit classes to no more than eight students per session. REQUEST: The beauty college is proposed within Dune Palms Plaza on the east side of Dune Palms Road approximately 300 feet south of Highway 111 on the corner of Dune Palms Road and Highway 111 (Attachment 1). The current applicant is requesting approval of an amendment to the existing Conditional Use Permit (CUP 2003-075) allow and increase in the number of students per session from eight to twenty and to expand the current space from approximately 5,041 to approximately 7,593 square feet (Attachment 2). The major bulk of the tenant space (Attachment 3) will include 40 stations for hands-on experience, offices for staff, a kitchen, a showroom to advertise the services provided and display the products used at the school. Education classrooms for different types of training for manicurists, hairstylists, and aestheticians will also be included. As part of the student training, the school will offer various salon services to the general public at discounted rates. The hours of operation will be from 8:00 am to 9:00 pm with morning and late afternoon/evening sessions ANALYSIS: As with any request for a Conditional Use Permit or Conditional Use Permit Amendment, the City may impose specific conditions to mitigate potential impacts on surrounding businesses, residents, and properties. Although the building is currently at less than fifty percent occupancy and the previous tenant had a similar use to the subject applicant, the increase of the number of students will reduce the availability of parking for future and existing tenants. Considering that part of the training involves performing various salon services such as haircuts and manicures to the general public, the City needs to analyze the parking needs as if the proposed use were an established hair salon, which per Code Section 9.150.060 Spaces Required by Use Table 9-12, requires a minimum of three off-street parking spaces per station. The existing Specific Plan for the Dune Palms Plaza requires one parking stall for every 400 square feet of building which is a far less stringent requirement than the parking stalls required for a retail commercial use in the regional commercial zoning district, which requires one off-street parking stall every 200 feet of gross floor area. 2 The information below provides a breakdown of the parking requirements for the Dune Palms Plaza center with the beauty school. Parking Spaces currently provided 99 spaces Parking Spaces required per the Specific Plan (for the 23,184 square foot building) 58 spaces Spaces required for 20 stations for the beauty school (3 parking stalls for every station in use) 60 spaces Excess number of spaces 41 spaces If the proposed request of allowing 20 students per session was granted and 60 spaces were set aside for the stations in use, the remainder number of stalls would be 39 stalls. The square footage of the beauty school will be approximately 7,593 square feet, the remainder 15,592 square feet of building would require 39 parking stalls per the Specific Plan. Since the remainder number of stalls would comply with the parking requirements set by the Specific Plan, Staff has determined that the proposal of increasing the number of students from eight per session to a total maximum of twenty per session would not have a negative impact on the surrounding property owners and tenants within the building. Environmental Review The La Quinta Planning Department has determined that this application is categorically exempt from environmental review pursuant to provisions of Section 15301 (Class 1 Leasing of Existing Private Facilities) and Section 15332 (Class 32 In -fill Development) of the California Environmental Quality Act (CEQA). Public Notice This project was advertised in the Desert Sun newspaper on July 17, 2009, mailed to all property owners within 500-feet of the site, and posted on City Public Hearing information boards. At the time of the filing of this report, staff had not received any letters or phone calls from the public regarding the proposal. Public Agency Review Staff did not identify any public agencies that the applicant's request might affect. The use determination and conditions to be applied are at the sole discretion of the City of La Quinta. 3 FINDINGS: Findings to approve this request per Section 9.210.020.F of the City of La Quinta Zoning Code can be made and are contained along with related analysis in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2009-_, approving Conditional Use Permit 2003-075 Amendment No. 1, subject to the attached Findings and Conditions of Approval. Prepared by: FRANCO. Assistant Planner 1. Vicinity Map 2. Site Plan 3. Floor Plan 4. Site Photographs E PLANNING COMMISSION RESOLUTION 2009- CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2003-075 AMENDMENT NO. 1 MILAN INSTITUTE OF COSMETOLOGY JULY 28, 2009 1. By operating this beauty school, the applicant agrees to indemnify, defend and hold harmless the City of La Quinta, 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 of La Quinta shall have the right to select its defense counsel at its sole discretion. The City of La Quinta shall promptly notify the applicant of any claim, action, or proceeding and shall cooperate fully in the defense. 2. The applicant shall comply with all applicable provisions of the La Quinta Municipal Code (LQMC). 3. A building permit will be required for any tenant improvement for the beauty school. Prior to issuance of a building permit, all plans must comply with the 2007 California Building Code (CBC). 4. The City of La Quinta reserves the right to review and monitor the operation of this facility and modify Conditions of Approval regarding hours of operation, occupancy, and other operational conditions. 5. Any expansion of this use or substantial modifications to the approved floor plan may require an amendment of this Conditional Use Permit. Minor modifications to this Conditional Use Permit may be approved by the Planning Director, provided notification of existing tenants may be required prior to such approval. 6. Each session shall have no more than 20 students at any time in order to mitigate parking impacts on the property. 7. The tenant improvement shall not exceed the 7,593 square feet as shown on the plans. 8. Employees and students shall utilize the parking area at the rear of the building in order to mitigate parking impacts for tenants within the building. 9. All signage shall comply with the La Quinta Municipal Code and the approved Sign Program for the center. 5 PLANNING COMMISSION RESOLUTION 2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO A CONDITIONAL USE PERMIT TO INCREASE THE NUMBER OF STUDENTS PER SESSION FOR A BEAUTY SCHOOL WITHIN THE REGIONAL COMMERCIAL DISTRICT LOCATED AT 47-120 DUNE PALMS ROAD SUITE C & D CASE NO.: CONDITIONAL USE PERMIT 2003-075 AMENDMENT NO. 1 APPLICANT: MILAN INSTITUTE OF COSMETOLOGY WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 28`hday of July, 2009, hold a duly noticed Public Hearing to consider the request by the Milan Institute of Cosmetology for an amendment to an existing Conditional Use Permit to increase the number of students per session within a commercial space located within Dune Palm Plaza at 47-120 Dune Palms Road, near the Southeast corner of Dune Palms Road and Highway 111 and more particularly described as, APN: 600-020-010 WHEREAS, said Conditional Use Permit Amendment application has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" as amended (Resolution 83-63), in that the Planning Department has determined that the proposed Conditional Use Permit Amendment is exempt from CEQA review under Guidelines Section 15301 (Leasing of Existing Private Facilities) and Section 15332 (Infill Development); and, WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments of all interested persons desiring to be heard, the Planning Commission did make the following mandatory findings to justify approval of said Conditional Use Permit: 1. The proposed use is consistent with the land use designation of Regional Commercial. The City's General Plan Policies relating to Regional Commercial encourage a wide range of commercial opportunities and support services. 2. The proposed use is consistent with the provisions of the La Quinta Zoning Code Section 9.80.040 Table 9-5 Permitted Uses in Nonresidential Districts. Use of the space as a beauty school is conditional permitted within is conditionally permitted under the Regional Commercial zoning district. 3. The proposed use is required to limit the number of students to 20 per session to minimize parking impacts on the subject property nearby tenants. 4. The proposed use is conditioned to meet the parking requirements of an established beauty salon/parlor of three off street parking stalls per station for 20 students per session to minimize parking impacts on the subject property and 6 CUP 2003-075 Amenment 1 RESOLUTION Planning Commission Resolution 2009- Conditional Use Permit 2003-075 Amendment 1 Milan Institute of Cosmetology July 28, 2009 to nearby tenants. 5. Processing of this Conditional Use Permit amendment for the proposed use is in compliance with the provisions of the California Environmental Quality Act. The La Quinta Planning Department has determined that the request is exempt from CEQA under Guideline Section 15301 (Class 1 Leasing of Existing Private Facilities) and Section 15332 (Class 32 Infill Development). As a result, no environmental review is required. 6. Approval of this proposed use will not be a detriment to the public health, safety and general welfare, nor shall it be injurious or incompatible with other properties or uses in the vicinity. Use of the space as an ice skating rink will have similar characteristics and impacts as neighboring land uses. 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. 2. That it does hereby approve Conditional Use Permit 2003-075 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 the 28th day of July, 2009 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta California ATTEST: LES JOHNSON Planning Director City of La Quinta, California Q � ATTACHMENT#1 ISITE ( PH#B PLANNING COMMISSION STAFF REPORT DATE: July 28, 2009 CASE NO.: CONDITIONAL USE PERMIT 2009-1 19 APPLICANT: ROYAL STREET COMMUNICATIONS CA, LLC REQUEST: CONSIDERATION TO ALLOW THE PLACEMENT OF ROOF MOUNTED EQUIPMENT AND TELECOMMUNICATION ANTENNAS WITH MINOR ADDITIONS TO THE BUILDING ARCHITECTURE LOCATION: 47-647 CALEO BAY DRIVE; LA QUINTA MEDICAL BUILDING (ATTACHMENT 1) PROPERTY OWNER: ACCRETIVE LA QUINTA GENERAL PLAN: COMMUNITY COMMERCIAL (CC) ZONING: COMMUNITY COMMERCIAL (CC) ENVIRONMENTAL DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THIS IS AN IN -FILL PROJECT LOCATED ON A SITE THAT IS LESS THAN FIVE (5) ACRES IN SIZE AND IS SURROUNDED BY URBAN SERVICES AND EXISTING IMPROVEMENTS SURROUNDING LAND USES: NORTH: COMMUNITY COMMERCIAL (CC) (AMORE RISTORANTE) SOUTH: COMMUNITY COMMERCIAL (CC) (VACANT) EAST: RESIDENTIAL LOW DENSITY (RL) (LAKE LA QUINTA WEST: RESIDENTIAL LOW DENSITY (RL) (LAING LUXURY) PAReports - PC\2009\7-28-09\CUP 2009-119 PC Staff Report.doc BACKGROUND: The La Quinta Medical Center is located on 3.44 acres at 47-647 Caleo Bay Drive; between Washington Street and Lake La Quinta (Attachment 1). The building was approved by the Planning Commission on October 12, 2004. The building houses a number of medical uses, including doctors, rehabilitation specialist, and optometrist; however, leases are still available. Royal Street Communications is a relatively new applicant to the Coachella Valley and the City of La Quinta. They are currently processing this application on behalf of Metro PCS who is also new to the City and Valley. Because the applicants are new to the Valley and City existing telecommunication service through this provider is lacking. Royal Street Communications has submitted three separate Conditional Use Permit applications to provide Metro PCS service within the City in the areas of Caleo Bay, Adams Street, and Avenue 54. REQUEST: In this application, Royal Street Communications is requesting to install six (6) panel antennas, one (1) parabolic antenna and associated equipment on the roof of the La Quinta Medical Center (Attachment 2). Four of the proposed panel antennas will be placed on the eastern edge of the building, while the two remaining panel antennas and the parabolic antenna will be placed on the building's western edge (Attachment 2, pg. A-2). The proposed antennas and equipment will provide Metro PCS cellular service in and around this portion of the City. The La Quinta Medical Center is a two-story, 42,000 square foot medical building. The building's roof line is thirty-two (32) feet in height, and is surrounded by a three foot high parapet wall. The cornice walls are placed above the entrances to the building and are approximately thirty nine (39) feet in height. The existing cornice walls are an architectural element that enhances the aesthetic of the building. Both the parapet and cornice walls provide adequate and proper screening of the existing heating, ventilation and air conditioning units and equipment. Existing roof mounted equipment complies with the City's screening requirements, Section 9.100.050, and are not visible from public view. The six (6) panel antennas are approximately three (3) feet in height, and when placed on the buildings roof would be visible from public view. The applicant has proposed to construct four additional cornice walls to match the existing building's architecture and to meet the screening requirements set by the Municipal Code. The architectural additions will match the height of the existing cornice walls at the building and will be painted to match the building. The architectural additions are approximately five (5) feet in width and five (5) feet in length and are designed to add character to the existing architecture (Attachment 2, pg. A-4). P:\Reports - PC\2009\7-28-09\CUP 2009-119 PC Staff Report.doc 2 I11 1I1\ IM-T .a The primary purpose of Chapter 9.170 (Communication Towers and Equipment) of the Zoning Code regulates the construction of new communication towers. As the applicant is not proposing the construction of a new tower, the great majority of this section of code does not apply. The portions that due apply address compliance with applicable Federal regulations which are addressed through the Federal Communications Commission's required licensing. Since the applicant had proposed to place the telecommunication antennas and equipment on the building's roof, the applicant is required to comply with Section 9.100.050 (Screening) of the Municipal Code. This code section provides that all roof mounted equipment be screened "so that the highest point of the equipment is below the surrounding parapet wall." Additionally, the code section states that "screening enclosures shall be an integral part of the roof design and not appear as an "add -on." Based upon the information provided by the applicant, the proposed architectural cornice walls will meet the screening requirements for the panel and parabolic antennas. The walls will match the height of the existing cornice wall and will be designed and painted to match the existing walls. The proposed walls integrate well into the existing architecture and enhance the overall aesthetic of the building. The existing and proposed walls are illustrated in the photo simulation included in Attachment 1. A lease agreement between Royal Street Communications and the property owner is needed in order for the applicant to install and operate at the proposed location. Royal Street Communications will not be permitted to begin installation at the site until an executed lease agreement is provided to the Planning Department. As Metro PCS is a new cellular provider in the area, service coverage maps showing existing and proposed coverage areas were not required for this application. CEQA: The proposed Conditional Use Permit is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations 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. PUBLIC NOTICE: This request was published in the Desert Sun newspaper on July 15, 2009, and mailed to all affected property owners within 500 feet of site as required by Section 9.200.110 of the La Quinta Municipal Code. Staff has received a half - dozen phone calls and letters from residents in the nearby Lake La Quinta P:\Reports - PC\2009\7-28-09\CUP 2009-119 PC Staff Report.doc 3 development which are included as have expressed concerns regarding additional roof -mounted equipment mountains. PUBLIC AGENCY REVIEW: Attachment 3. Residents of Lake La Quinta the building's height and concerns that would further obstruct their views of the A copy of this request has been sent to all applicable public agencies and City Departments on June 28, 2009. All written comments received are on file with the Planning Department. Applicable comments received have been included in the recommended Conditions of Approval. STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.210.020.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2009- , approving Conditional Use Permit 2009-119, for the placement of six (6) roof -mounted antennas with minor additions to the building architecture for Royal Street Communications, subject to the attached Findings and Conditions of Approval. Prepared by: �M ERIC CEJ ),Assistant Planner Attachments: 1. Location/Site Photographs and Simulations 2. Plan Set 3. Correspondence PAReports - PC\2009\7-28-09\CUP 2009-119 PC Staff Report.doc 4 PLANNING COMMISSION RESOLUTION 2009-XXX 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 201h 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 281h 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-XXX 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-XXX 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 Quinta Planning Commission following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ATTEST: LES JOHNSON Planning Director City of La Quinta, California and ADOPTED at a regular meeting of the La held on this 281h day of July, 2009, by the ED ALDERSON, Chairman City of La Quinta, California PLANNING COMMISSION RESOLUTION 2009- CONDITIONAL, USE PERMIT 2009-1 19; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - RECOMMENDED July 28, 2009 GFNFRAI 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. 2 PLANNING COMMISSION RESOLUTION 2009- CONDITIONAL USE PERMIT 2009-119; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - RECOMMENDED 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. 9 PLANNING COMMISSION RESOLUTION 2009- CONDITIONAL. USE PERMIT 2009-119; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - RECOMMENDED 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. 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IMM #€ ae ptq I I IT I'll.: IBM } EEp§ I 9a I I 999�gi i ® ,:. i $i�]�� g4 I �gi I §@ IA I I I §31 lif I I I I I I I � I II 9 I I' i i I� II tp tg I I °� ggg9If b s F FmqO 101 Ji 35 p€ _ rv+w,a N p §�� ��j �i�� �.� wpm o. •-R. gg@, 94 i I B i 7 fit l g F I I , i l n I s I I I I I I I AM- I I I I I I I I I i }p f Y I i N � q4I GB �d I EEE OOOOFR EEE€i€i@ a (5 1�1 I�p Y c�p 4 Q W K Z � ATTACHMENT # 3 PH#C PLANNING COMMISSION STAFF REPORT DATE: July 28, 2009 CASE NO.: CONDITIONAL USE PERMIT 2009-063 AMD, #2 APPLICANT: ROYAL STREET COMMUNICATIONS CA, LLC REQUEST: CONSIDERATION TO ALLOW FOR THE COLLOCATION OF SIX PANEL ANTENNAS ON AN EXISTING TELECOMMUNICATION MONOPALM TOWER. LOCATION: 46-600 ADAMS STREET; STORQUEST LA QUINTA (ATTACHMENT 1) PROPERTY OWNER: CROWN CASTLE GENERAL PLAN: COMMERCIAL PARK (CP) ZONING: COMMERCIAL PARK (CP) ENVIRONMENTAL DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THIS IS AN IN -FILL PROJECT ON A SITE THAT IS LESS THAN FIVE (5) ACRES IN SIZE AND IS SURROUNDED BY AN AREA OF URBAN DEVELOPMENT SURROUNDING LAND USES: NORTH: FLOODPLAIN (FP) (CVWD WHITEWATER CHANNEL) SOUTH: REGIONAL COMMERCIAL (RC) (PAVILIONS AT LA QUINTA) EAST: COMMERCIAL PARK (CP) (J. & S. PAUL PROFESSIONAL PLAZA) WEST: REGIONAL COMMERCIAL (RC) (111 SHOPPING CENTER BACKGROUND: The La Quinta StorQuest facility is located on eight (8) acres at the northeast corner of Adams, Street and Corporate Center Drive (Attachment 1). In 2001, the Planning Commission approved a sixty-eight (68) foot tall monopalm telecommunication tower and associated equipment for Sprint PCS to be located within the StorQuest facility. Royal Street Communications is a relatively new applicant to the Coachella Valley and the City of La Quinta. They are currently processing this application on behalf of Metro PCS who is also new to the City and Valley. Because the applicants are new to the Valley and City existing telecommunication service through this provider is lacking. Royal Street Communications has submitted three separate Conditional Use Permit applications to provide Metro PCS service within the City in the areas of Caleo Bay, Adams Street, and Avenue 54. REQUEST: Royal Street Communications is requesting to install six (6) panel antennas, one (1) parabolic antenna and associated equipment on the existing monopalm telecommunication tower (Attachment 2). Each panel antenna is approximately three (3) feet in length. The six (6) panel antennas and parabolic antenna would be attached on the tower at a height of fifty-five (55) feet (Attachment 2, pg. A3). The proposed antennas and equipment will increase cellular and PCS service in and around this portion of the City. In addition to the collocation of antennas on the existing tower, the applicant has proposed to place equipment cabinets adjacent to an existing ground lease area. The existing ground lease is approximately 580 square feet and would be expanded an additional 280 square feet to accommodate the placement of emergency generators and equipment associated with the new antennas (Attachment 2, pg. A2). The ground lease area, including the towers' base and all associated equipment are contained within the StorQuest site and are not visible from off -site properties. ANALYSIS: Chapters 9.170 of the Zoning Code, regulates the use of Communication Towers and Equipment. This section encourages the collocation of antennas on an existing tower as a means of limiting the number of new towers within the City. The applicant has met the intent of this code section and has complied with the requirements set forth in this section. 711 The expansion of the existing ground lease will not interfere with existing vehicle circulation patterns within StorQuest. The ground lease will be screened and protected by the construction of a six (6) foot high wall and will not be visible from outside the StorQuest site. The conditions of approval for the approval for the original tower required the placement of two forty (40) foot tall palm trees to be planted adjacent to the tower. Currently, only one palm tree is still alive and the remains of the second palm tree are still in place. Staff recommends that further screening of the tower is necessary, and that the collocation of new antennas should include the replacement of the previously required second palm tree with a minimum height of forty (40) feet. A lease agreement between Royal Street Communications and the property owner is needed in order for the applicant to install and operate at the proposed location. Royal Street Communications will not be permitted to begin installation at the site until an executed lease agreement is provided to the Planning Department. As Metro PC£; is a new cellular provider in the area, service coverage maps showing existing and proposed coverage areas were not required for this application. CEQA: The proposed Conditional Use Permit is exempt from the provisions of the California Environmental Quality Act pursuant to Title 14 California Code of Regulations 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. PUBLIC NOTICE This request was published in the Desert Sun newspaper on July 15, 2009, and mailed to all affected property owners within 500 feet of site as required by Section 9.200.110 of the La Quinta Municipal Code. PUBLIC AGENCY REVIEW A copy of this request has been sent to all applicable public agencies and City Departments on April 7, 2009. All written comments received are on file with the Planning Department. Applicable comments received have been included in the recommended Conditions of Approval. 9 STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.210.020.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: Adopt Planning Commission Resolution 2009- , approving Conditional Use Permit 2009-063 Amd. #2, for the collocation of six (6) panel antennas on an existing monopalm telecommunication tower for Royal Street Communications, subject to the attached Findings and Conditions of Approval. Prepared by: Z6., ERIC CEJA Assistant Planner Attachments: 1. Site Photographs and Simulations 2. Plan Set 0 PLANNING COMMISSION RESOLUTION 2009-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE COLLOCATION OF SIX PANEL ANTENNAS ON AN EXISTING TELECOMMUNICATIONS MONOPALM TOWER AT THE ADAMS STREET STORQUEST STORAGE CENTER, SUBJECT TO CONDITIONS CASE NO.: CONDITIONAL USE PERMIT 2009-063, AMENDMENT #2 APPLICANT: ROYAL STREET COMMUNICATIONS CA, LLC WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 281h day of July, 2009, hold a duly noticed Public Hearing to consider a request by Royal Street Communications to allow the collocation of six (6) panel antennas on an existing telecommunications monopalm tower at the Storquest Storage Center, located at 46-600 Adams Street, in the CP (Commercial Park) district, more particularly described as: APN: 649-082-013 WHEREAS, on the 71" 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 collocation of six panel antennas on an existing telecommunication monopalm tower will minimize adverse visual effects of the antennas and equipment on the surrounding area; and 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 5 Planning Commission Resolution 2009-XXX Conditional Use Permit 2009-063, Amd. #2; Royal Street Communications July 28, 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 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 collocation of communication antennas will result in less telecommunication towers being built in the City. Collocation of antennas at this site will have a negligible impact on the surrounding public thoroughfares and land uses. 2. Consistency with the Zoning Code: The proposed antenna collocation and telecommunication equipment 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. 3. Compliance with CEQA: The antenna collocation and telecommunication equipment have been determined to be exempt from CEQA, under Guidelines Section 15332 (Infill Development), in that the site is less than five (5) acres in size and is fully developed as a storage facility (StorQuest) that is surrounded by urban infrastructure improvements (e.g., water, sanitation, etc.). 4. Compatibility with Surrounding Uses: The proposed improvements are located on an existing telecommunication tower and are adequately screened from view through the design and location of the tower. 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 2009-063, Amendment #2 for the reasons set forth in this Resolution and subject to the; attached Conditions of Approval; C Planning Commission Resolution 2009-XXX Conditional Use Permit 2009-063, Amd. #2; Royal Street Communications July 28, 2009 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: NOES: ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California 7 PLANNING COMMISSION RESOLUTION 2009- CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - RECOMMENDED July 28, 2009 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 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 • Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Improvement Permit) • Riverside County Environmental Health Department • Coachella Valley Unified School District (CVUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • Sunline Transit Agency • California Water Quality Control Board (CWQCB) • South Coast Air Quality Management District Coachella Valley • 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. E PLANNING COMMISSION RESOLUTION 2009- CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - RECOMMENDED July 28, 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. 4. 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). 5. The following improvement plans shall be prepared and submitted for review and approval by the Public Works Department. A separate set of plans for each line item specified below shall be prepared. The plans shall utilize the minimum scale specified, unless otherwise authorized by the City Engineer 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 Precise Grading Plan 1 " = 20' Horizontal 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. B. On -Site Non -Residential/ Commercial Precise Grading Plan 1 " = 20' 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. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and notes the 2007 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the 9 PLANNING COMMISSION RESOLUTION 2009- CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - RECOMMENDED July 28, 2009 Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Site Development Plan when it is submitted for plan checking. In addition to the normal set of improvement plans, a "On -Site Precise Grading" plan is required to be submitted for approval by the Building Official, Planning Director and the City Engineer. "On -Site: Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. 6. 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. PRECISE GRADING 7. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 8. 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. 9. 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 10 PLANNING COMMISSION RESOLUTION 2009- CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - RECOMMENDED July 28, 2009 engineer, 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. 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. 10. The applicant shall maintain all open graded, undeveloped land in order to prevent wind and/or water erosion of such land. All open graded, undeveloped land shall either be planted with interim landscaping, or stabilized with such other erosion control measures, as were approved in the Fugitive (Dust Control Plan. 11. Grading within the perimeter setback and parkway areas shall have undulating terrain and shall conform with the requirements of LQMC Section 9.60.240(F) except as otherwise modified by this condition requirement. The maximum slope shall not exceed 3:1 anywhere in the landscape setback area, except for the backslope (i.e. the slope at the back of the landscape lot) which shall not exceed 2:1 if fully planted with ground cover. The maximum slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the maximum slope within the right of way shall not exceed 3:1. All unpaved parkway areas adjacent to the curb shall be depressed one and one-half inches (1 .5") in the first eighteen inches (18") behind the curb. 12. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the tentative map, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 13. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 14. Prior to the issuance of a building permit for any building lot, the applicant shall provide a lot pad certification stamped and signed by a qualified engineer or surveyor with applicable compaction tests and over excavation documentation. 11 PLANNING COMMISSION RESOLUTION 2009- CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - RECOMMENDED July 28, 2009 Each pad certification shall list the pad elevation as shown on the approved grading plan, the actual pad elevation and the difference between the two, if any. Such pad certification shall also list the relative compaction of the pad soil. The: data shall be organized by lot number, and listed cumulatively if submitted at different times. DRAINAGE 15. Stormwater handling shall conform with the approved hydrology and drainage report La Quinta Self Storage as shown on Plan Set No. 97006. Nuisance water shall be disposed of in an approved manner. 16. As the applicant proposes discharge of storm water directly, or indirectly, into the Coachella Valley Stormwater Channel, he shall indemnify the City from the costs of any sampling and testing of the development's drainage discharge which may be required under the City's NPDES Permit or other City- or area -wide pollution prevention program, and for any other obligations and/or expenses which may arise from such discharge. The indemnification shall be executed and furnished to the City prior to the issuance of any grading, construction or building permit, and shall be binding on all heirs, executors, administrators, assigns, and successors in interest in the land within this tentative parcel map excepting therefrom those portions required to be dedicated or deeded for public use. The form of the indemnification shall be acceptable to the City Attorney. If such discharge is approved for this development, the applicant shall make provisions in the final development CC&Rs for meeting these potential obligations. The 100-year storm water HGL shall be 3 feet below the channel lining and 2 feet below the Project Storm HGL. PROPERTY RIGHTS 17. 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. 12 PLANNING COMMISSION RESOLUTION 2009- CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - RECOMMENDED July 28, 2009 18. 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 19. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 20. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for practical and aesthetic purposes. 21. Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements as required by the City Engineer. The applicant shall provide certified reports of all utility trench compaction for approval by the City Engineer. Additionally, grease traps and the maintenance thereof shall be located so as to not conflict with access aisles/entrances. PARKING/ACCESS POINTS 22. General access points and turning movements of traffic to the site are limited to those approved for the existing access drive from Corporate Center Drive and these conditions of approval. 23. Improvements shall include appurtenances such as traffic control signs, markings and other devices, raised medians if required, street name signs and sidewalks. 24. 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 13 PLANNING COMMISSION RESOLUTION 2009- CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - RECOMMENDED July 28, 2009 parking areas shall be stamped and signed by qualified engineers. MAINTENANCE 25. The applicant shall make provisions for continuous, perpetual maintenance of all on -site improvements. The applicant shall maintain required public improvements until expressly released from its responsibility by the appropriate public agency. FEE AND DEPOSITS 26. 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. 27. 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. LANDSCAPE AND IRRIGATION 28. The applicant shall submit a landscaping plan, to the Planning Department at the time of submittal for building permit plan check. The plan shall identify the type, height and location of the palm tree and any necessary irrigation improvements. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Director. PLANNING 29. The panel antennas shall not exceed a height of three (3) feet and shall be mounted securely to the monopalm tower. All antennas shall be painted to match the existing monopalm tower. 30. The applicant shall replace the 'dead' palm tree at the site and replace it with one (1) forty (40) foot tall palm tree in close proximity to the existing monopalm tower. The applicant is responsible for the health and maintenance of the palm tree and shall be responsible for the palm trees replacement if determined necessary by the City. 14 PLANNING COMMISSION RESOLUTION 2009- CONDITIONAL USE PERMIT 2009-063 A.2; ROYAL STREET COMMUNICATIONS CONDITIONS OF APPROVAL - RECOMMENDED July 28, 2009 31. Heavy gauge, opaque metal gates shall be installed. Chain link fencing is prohibited. 32. 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. 33. Prior to issuance of any building permit or improvement, Royal Street Communications shall secure a lease agreement with the property owner, a copy of which shall be submitted to the Planning Department. 34. 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. 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