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PC Resolution 2010-013PLANNING COMMISSION RESOLUTION 2010-013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PLACEMENT OF A FIFTY-SEVEN (57) FOOT TALL MONOPALM TOWER AND EQUIPMENT ENCLOSURE WITHIN THE FAMILY HERITAGE CHURCH PARKING LOT CASE NO.: CONDITIONAL USE PERMIT 2009-124 APPLICANT: T-MOBILE WEST CORPORATION WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of February, 2010, and continued to the 23`d day of March, continued to the 131h day of April, and continued to the 271h day of April held a duly noticed Public Hearing to consider a request by T- Mobile West Corporation, to allow the placement of a seventy (57) foot tall monopalm tower and equipment enclosure within the Family Heritage Church parking lot, located at 78-998 Miles Avenue, in the RL (Low Density Residential) district, more particularly described as: APN: 604-032-026 WHEREAS, on the 13`h day of January, 2010, 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 41h day of February, 2010, for the 23`d day of February, 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 placement of the monopalm tower near existing palm trees, and the placement of additional palm trees, will minimize adverse visual effects of the antennas and equipment on the surrounding area; and WHEREAS, the communication facility will improve telecommunication service options within the northern 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 Planning Commission Resolution 2010-013 Conditional Use Permit 2009-124; T-MOBILE WEST CORP. April 27, 2010 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 monopalm tower and 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 services such as wireless telephones. The placement of the 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 the 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 community religious institution 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 2009-124 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; Planning Commission Resolution 2010-013 Conditional Use Permit 2009-124; T-MOBILE WEST CORP. April 27, 2010 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 27th day of April, 2010, by the following vote, to wit: AYES: Commissioner Quill, Weber, and Vice Chairperson Barrows NOES: Commissioner Wilkinson ABSENT: Chairman Alderson ABSTAIN: None KATIE BARROWS, Vice Chairperson City of La Quinta, California City of La Quinta, California PLANNING COMMISSION RESOLUTION 2010-013 CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - ADOPTED April 27, 2010 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 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 • Desert Sands Unified School District (DSUSD) • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • California Water Quality Control Board (CWQ.CB) • 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. When the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. 3. The applicant shall reimburse the City, within thirty (30) days of presentment of the invoice, all cost and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required, by these conditions, if the applicant requests that the City modify or revise. any documents or instruments prepared initially by the City to effect PLANNING COMMISSION RESOLUTION 2010-013 CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - ADOPTED April 27, 2010 these conditions. This obligation shall be paid in the time noted above without deduction or offset and the applicant's failure to make such payment shall be a material breach of the Conditions of Approval. 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 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-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 Building and Safety Department. A copy of the reviewed assessment shall be submitted to the Engineering Department in conjunction with the Conditional Use Permit when it is submitted for plan checking. In addition to the normal set of improvement plans, an "On -site Precise Grading" plan is required to be submitted for approval by the Building Official; Planning Director and the City Engineer. PLANNING COMMISSION RESOLUTION 2010-013 CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - ADOPTED April 27, 2010 "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. PROPERTY RIGHTS 7. 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 development. 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. Said conferred rights shall also include grant of access easements to the City of La Quinta for the purposes of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over the best match existing. The applicant shall establish the aforementioned requirements in the CC&R's for the development or other agreements as approved by the City Engineer. Pursuant to 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. PLANNING COMMISSION RESOLUTION 2010-013 CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - ADOPTED April 27, 2010 PRECISE GRADING 8. The applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 9. 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. 10. To obtain an approved grading permit, the applicant shall submit and obtain approval of all of the following: A. A grading plan prepared by a qualified engineer, B. A preliminary geotechnical ("soils") report prepared by a qualified engineer. 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 fora grading permit. 11. 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. 12. 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 PLANNING COMMISSION RESOLUTION 2010-013 CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - ADOPTED April 27, 2010 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. 13. Building pad elevations on the rough grading plan submitted for City Engineer's approval shall conform with pad elevations shown on the Condition Use Permit 2009-124, unless the pad elevations have other requirements imposed elsewhere in these Conditions of Approval. 14. Building pad elevations of perimeter lots shall not differ by more that one foot higher from the building pads in adjacent developments. 15. 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. 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 16. Stormwater handling shall conform with the approved hydrology and drainage report for the Family Heritage Church project. Nuisance water shall be disposed of in an approved manner. UTILITIES 17. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities)• 18. 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. PLANNING COMMISSION RESOLUTION 2010-013 CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - ADOPTED April 27, 2010 19. 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. MAINTENANCE 20. 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. FEE AND DEPOSITS 21. 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. FIRE DEPARTMENT 22. An approved Fire Department access key lock box shall be installed next to the approved Fire Department access door to the building. If the buildings are protected with an alarm system the lock box shall be required to have tampered monitoring. Required order forms and installation standards may be obtained at the Fire Department. 23. The applicant shall install a portable fire extinguisher, with a minimum rating of 2A-10BC, for every 3,000 square feet and/or 75 feet of travel distance. Fire extinguishers shall be mounted 3.5 to 5 feet above finished floor, measured to the top of the fire extinguisher. Where not readily visible, signs shall be posted above all extinguishers to indicate their location. Extinguishers must have current CSFM service tags affixed. PLANNING COMMISSION RESOLUTION 2010-013 CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - ADOPTED April 27, 2010 24. No hazardous material shall be stored and/or used within the building, which exceeds quantities listed in 2007 CBC. No Class I, ll, or IIIA of combustible/flammable liquid shall be used in any amount in the building. 25. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit path marking shall be installed per the 2007 CBC. 26. Provide information indicting contact in events of emergency. Post information on gate leading to wireless facility. Ensure that materials used for posting are weather-proof resistant. 27. Nothing in the Fire Department's review shall be construed as encompassing structural integrity. Review of this plan does not authorize or approve any omission or deviation from all applicable regulations. Final approval is subject to plan review and field inspection. All questions regarding the meaning of the code requirements should be referred to the Fire Department at (760) 863-8886. MISCELLANEOUS 28. The improvements to the site shall comply with the drawings submitted as part of this Conditional Use Permit. 29. The applicant shall not occupy more than three (3) parking stalls for the equipment enclosure improvements. The enclosure shall not extend past the existing curb (to the north) and shall not extend into the drive aisle (to the west). The enclosure shall be constructed of a decorative CMU block wall, not to exceed a height of eight (8) feet, measured from finish floor. 30. The applicant shall make planting and irrigation improvements for the planting of "bougainvillea" vines around the perimeter of the wall enclosure. The applicant shall provide a planting area, with a depth of at least eighteen (18) inches, along the western perimeter of the equipment enclosure to accommodate planting and irrigation improvements. 31. The applicant shall make planting and irrigation improvements for the planting of three (3).Washingtonia robustas (Mexican Fan Palms) around the .monopalm tower. The palm trees shall be a minimum height of thirty five (35) feet, measured from finished floor. The palm trees shall be planted along the:east side of the tower in order to screen the tower from Adams Street. PLANNING COMMISSION RESOLUTION 2010-013 CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - ADOPTED April 27, 2010 32. None of the equipment, GPS antennas, cabinets, or other items associated with this facility and contained within the equipment enclosure shall be visible above the wall. 33. The applicant shall install a single monopalm tower not to exceed fifty-seven (57) feet in height measured from finish floor to the top of the towers fronds. The tower shall contain a maximum of three antenna arrays, for a total of twelve (12) panel antennas. The panel antennas shall not exceed a height of fifty two (52) feet. 34. The applicant shall ensure adequate screening of the microwave antenna. The microwave antenna shall be painted to match the trunk of the tower and shall be placed at a height of forty (40) feet. The applicant shall install additional downward -facing palm fronds to obscure the view of the microwave antenna. The final design of the screening material shall be approved by the Planning Department Director. 35. No cables, conduit or other equipment on the monopalm tower pole shall be visible. All electrical work for the proposed antennas shall be contained within the monopalm tower cavity. All ground equipment shall be placed within the equipment enclosure. 36. Prior to sign off of building plans, the applicant shall provide the Planning Department with evidence that the tower can accommodate potential future collocation capacity with adequate screening. 37. 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. 38. The entire facility shall be maintained in a condition consistent with the conditions of this approval with no visible deterioration of the faux palm treatment and all landscaping including the required additional three (3) palm trees in a live healthy status. If the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. PLANNING COMMISSION RESOLUTION 2010-013 CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP. CONDITIONS OF APPROVAL - ADOPTED April 27, 2010 39. This permit shall expire on April 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.