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PC Resolution 2012-014PLANNING COMMISSION RESOLUTION 2012-014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A SINGLE -POLE DISTRIBUTED ANTENNA SYSTEM (DAS) AT EISENHOWER PARK CASE NO.: CONDITIONAL USE PERMIT 2011-138 APPLICANT: CROWN CASTLE WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 241h day of July, 2012, hold a noticed Public Hearing to consider a request by Crown Castle, to permit the construction and placement of thirty-five (35) foot tall pole for lighting and an antenna distribution system at Eisenhower Park, located at the northeast corner of Calle Colima and Eisenhower Drive, in the La Quinta Cove and in the RC (Residential Cove) zoning district, more particularly described as: APN: 774-091-009, 010, 011, 012 WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 10" day of June, 2012, for the 261h day of June, 2012, 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 continued the public hearing on June 26, 2012, to their meeting on July 10, 2012, and subsequently continued the public hearing to July 24, 2012, to allow City Council review of lease terms prior to Planning Commission review of the Conditional Use Permit; and WHEREAS, the co -location of antennas and lighting on a new pole will minimize adverse visual effects of the antennas and pole structure and will decrease the need for additional towers and equipment on the surrounding area; and WHEREAS, the telecommunication facility will improve telecommunication service options within this portion of the City of La Quinta; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be Planning Commission Resolution 2012-014 Conditional Use Permit 2011-138: Crown Castle July 24, 2012 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 pole and equipment are consistent with La Quinta General Plan (Chapter 7) that requires utilities and communication facilities to blend in with the surrounding improvements and insures residents have access to reliable telecommunication services such as wireless telephones. The co -location of antenna equipment and lighting on a single pole 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 pole and 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, and all perimeter setback requirements have been met. 3. Compliance with CEQA: The placement of a new pole for antenna and lighting co -location has been determined to be exempt from CEQA, under Guidelines Section 15332 (Infill Development), in that the site is developed as City park 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 tower and equipment do not conflict with the surrounding park improvements. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quints, 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 2011-138 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; Planning Commission Resolution 2012-014 Conditional Use Permit 2011-138: Crown Castle July 24, 2012 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 241" day of July, 2012, by the following vote, to wit: AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairperson Barrows NOES: None ABSENT: None ABSTAIN: None KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: JOHNSON ning Director of La Quinta, California PLANNING COMMISSION RESOLUTION 2012-014 CONDITIONAL USE PERMIT 2011-138 CONDITIONS OF APPROVAL - FINAL JULY 24, 2012 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 • 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. PLANNING COMMISSION RESOLUTION 2012-014 CONDITIONAL USE PERMIT 2011-138 CONDITIONS OF APPROVAL - FINAL JULY 24, 2012 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). 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 PLANNING COMMISSION RESOLUTION 2012-014 CONDITIONAL USE PERMIT 2011-138 CONDITIONS OF APPROVAL - FINAL JULY 24, 2012 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. 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. 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. The applicant shall secure a lease agreement with the City of La Quinta for the placement of the telecommunication tower and equipment within City property prior to issuance of a building permit. PLANNING COMMISSION RESOLUTION 2012-014 CONDITIONAL USE PERMIT 2011-138 CONDITIONS OF APPROVAL - FINAL JULY 24, 2012 12. Total tower height shall not exceed thirty-five (35) feet measured from finished grade, and shall not exceed a diameter greater than twelve (12) inches. 13. The tower shall accommodate the relocation of existing park lighting improvements to the tower. Park lighting shall be incompliance with the City's Outdoor Lighting Ordinance (L.Q.M.C. Section 9.100.150) and shall minimize light pollution on surrounding properties. Park lighting shall be attached to the pole at a maximum height of twenty (20) feet. 14. The placement of the pole shall not interfere with the existing infrastructure and improvements at this location. The pole shall not be placed on a public paths -of -travel and must be located in an existing landscaped area. 15. Panel antennas shall be flush -mounted and be attached securely to the tower. The panel antennas shall be painted to match the tower, and shall not be placed higher than twenty-nine (29) feet on the tower. All panel antennas are limited to a maximum of thirty (30) inches in height. A single antenna is permitted to be placed on top of the tower. The antenna shall not exceed a height greater than six (6) feet in height and shall be painted to match the tower. 16. 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. 17. The entire facility shall be maintained in a condition consistent with the conditions of this approval and, if the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. 18. This permit shall expire ont July 24, 2014, 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. 19. That the required facility's services shall be located either within or near the existing on -site utility cabinet.