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PC Resolution 2010-023PLANNING COMMISSION RESOLUTION 2010-023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE CO -LOCATION OF THREE PANEL ANTENNAS, THREE MICROWAVE ANTENNAS AND ONE EQUIPMENT CABINET FOR AN EXISTING TELECOMMUNICATION MONO -PALM TOWER AND EQUIPMENT SHELTER CASE NO.: CONDITIONAL USE PERMIT 2009-122 APPLICANT: WFI, INC. WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 12"' day of January, 2010, continued the duly noticed Public Hearing to their meeting on the 9th day of March, 2010, at which time the item was again continued to March 23, 2010, and subsequently pulled from the calendar at that time to allow the property owner and applicant to finalize their lease terms; and WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14' day of December, 2010, hold a duly noticed Public Hearing to consider a request by WFI, Inc., to allow the collocation of three (3) panel antennas, three (3) microwave antennas and one equipment cabinet for an existing telecommunication monopalm tower and equipment shelter at the La Quinta Community Park, located at 77-865 Avenida Montezuma, in the PR (Parks and Recreation) district, more particularly described as: APN: 773-074-002 WHEREAS, on the 20`h day of November, 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 1" day of December, 2010, for the 141h day of December, 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 Planning Commission, at their March 13, 2001, meeting did approve Environmental Assessment 2001-410 and Conditional Planning Commission Resolution 2010-023 Conditional Use Permit 2009-122; WFI, Inc. December 14, 2010 Use Permit 2001-054, for the establishment of the telecommunication tower and facility; and WHEREAS, the collocation of three panel antennas and three microwave 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 options within the City of La Quinta; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit: 1. Consistency with the General Plan: The design and improvements of the proposed collocation on an existing monopalm tower 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: As conditioned, 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 15301 (Existing Facilities), in that the site is fully developed as a community park 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 telecommunication tower and the proposed Planning Commission Resolution 2010-023 Conditional Use Permit 2009-122; WFI, Inc. December 14, 2010 tower and site improvements will be adequately screened from view through the design and location of antennae on the tower. There is no expansion of height, mass, or the number of facilities. 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 2009-122 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 14`h day of December, 2010, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ED AL ERSON, Chairman City of La Quinta, California City of La Quinta, California PLANNING COMMISSION RESOLUTION 2010-023 CONDITIONAL USE PERMIT 2009-122; WFI CONDITIONS OF APPROVAL - FINAL DECEMBER 14, 2010 GFNFRAL 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 • Public Utilities Commission (PUC) • Federal Communication Commission (FCC) • Federal Aviation Agency (FAA) • Desert Recreation District The applicant is responsible for all requirements of the permits or clearances from the above listed agencies and departments. If the requirements include approval of improvement plans, the applicant shall furnish proof of said approvals prior to obtaining City approval of the plans. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 3. Improvement plans shall be prepared by or under the direct supervision of qualified engineers and/or architects, as appropriate, and shall comply with the provisions of LQMC Section 13.24.040 (Improvement Plans). PLANNING COMMISSION RESOLUTION 2010-023 CONDITIONAL USE PERMIT 2009-122; WFI CONDITIONS OF APPROVAL - FINAL DECEMBER 14, 2010 4. The following plans shall be submitted to the Building and Safety Department for review and approval. The plans shall utilize the minimum scale specified, unless otherwise authorized by the Building and Safety Director in writing. Plans may be prepared at a larger scale if additional detail or plan clarity is desired. Note, the applicant may be required to prepare other improvement plans not listed here pursuant to improvements required by other agencies and utility purveyors. A. On -Site Commercial Building and Precise Grading Plan (as required by the Building and Safety Department) 1 " = 30' Horizontal Other engineered improvement plans prepared for City approval that are not listed above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. 5. Upon completion of construction, and prior to record drawing submittal of the improvements by the City, the applicant shall furnish the City with reproducible record drawings of all improvement plans which were approved by the City. Each sheet shall be clearly marked "Record Drawing" and shall be stamped and signed by the engineer or surveyor certifying to the accuracy and completeness of the drawings. The applicant shall have all approved mylars previously submitted to the City, revised to reflect the as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the EOR. can make site visits in support of preparing Record Drawings. However, if subsequent approved revisions have been approved by the City Engineer and reflect said "As -Built" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. PROPERTY RIGHTS 6. Prior to issuance of any permit(s), the applicant shall acquire or confer easements and other property rights necessary for the construction or proper functioning of the proposed installation. Conferred rights shall include irrevocable offers to dedicate or grant access easements to the City for emergency services and for maintenance, construction and reconstruction of essential improvements. Pursuant to this condition, the applicant shall comply with the applicable lease agreements entered upon with the City of La Quinta and/or the Desert Recreation District. PLANNING COMMISSION RESOLUTION 2010-023 CONDITIONAL USE PERMIT 2009-122; WFI CONDITIONS OF APPROVAL - FINAL DECEMBER 14, 2010 UTILITIES 7. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). PARKING/ACCESS POINTS 8. The applicant shall protect existing hardscape along the proposed Communication equipment building and monopole construction area to include but not limited to garden walls, landscaping, irrigation systems, curb and gutter, sidewalk and pavement. Restoration to any damaged hardscape shall be to the satisfaction of the City of La Quinta and/or the Desert Recreation District. MAINTENANCE 9. 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 10. The applicant shall pay the City's established fees for plan checking and construction inspection. Fee amounts shall be those in effect when the applicant makes application for plan checking and permits. MISCELLANEOUS 11. All conditions of approval for Conditional Use Permit 2001-054 shall remain in effect unless superseded by conditions required as part of this approval. 12. The applicant shall paint the existing equipment shelter, including trim, to match adjacent structures and buildings on the site. The equipment building shall be painted "off-white" to match the adjacent recreation building and the trim shall be painted to match the adjacent buildings prior to receiving final PLANNING COMMISSION RESOLUTION 2010-023 CONDITIONAL USE PERMIT 2009-122; WFI CONDITIONS OF APPROVAL - FINAL DECEMBER 14, 2010 approval for site improvements. The applicant shall note the changes to the equipment shelter when applying for a building permit. 13. The applicant shall repair any damaged or improperly installed roof tiles on the equipment building. The tiles shall match the roof tiles of the adjacent recreation building. 14. The applicant shall install a raceway on the exterior of the equipment building that encloses the existing conduit on the building. The raceway shall be painted to match the equipment building. 15. The applicant shall extend the existing wrought -iron fencing to surround the base of the existing monopalm tower. The extension shall consist of wrought -iron fencing to match the existing fencing condition. The applicant shall paint the existing and extended wrought -iron fencing black. The extension of the fence shall be contained within the applicable lease area for the tower and equipment building structure. The fence shall be in place, painted and in compliance with this condition prior to final job card sign off by the Planning Department. 16. The applicant shall remove the existing chain -link fencing along the western side of the equipment shelter and replace it with additional wrought -iron fencing. The wrought -iron fencing shall be painted black and shall match the existing wrought -iron fencing at the site. The fence shall be in place, painted and in compliance with this condition prior to final job card sign off by the Planning Department. 17. The microwave antennas shall be attached securely to the tower; the face of the antenna may extend through the bulb and shall be painted to match the palm bulb. 18. The new antennas shall be painted to match the color of the existing antenna array and antennae. 19. The GPS unit to be attached to the existing equipment building shall comply with LQMC Section 9.100.070. 20. The applicant shall install a paver "mow strip" around the perimeter of the wrought -iron fencing. The pavers shall be placed along the outside of the PLANNING COMMISSION RESOLUTION 2010-023 CONDITIONAL USE PERMIT 2009-122; WFI CONDITIONS OF APPROVAL - FINAL DECEMBER 14, 2010 fencing to a minimum depth of eight (8) inches. The mow strip shall be in place prior to final job card sign off by the Planning Department. 21. The applicant shall remove all plant growth and weeds that are between the wrought -iron fence and the equipment building. The applicant shall place additional gravel and/or rocks within the space to prevent future weed growth. 22. 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. 23. The entire facility shall be maintained in a condition consistent with the conditions of this approval and, if the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. 24. This permit shall expire on December 14, 2012, unless a building permit has been finalized and/or a time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code.