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PC Resolution 2012-018PLANNING COMMISSION RESOLUTION 2012-018 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 THE SOUTHEAST CORNER OF THE JEFFERSON STREET AND AVENUE 52 ROUNDABOUT CASE NO.: CONDITIONAL USE PERMIT 2012-142 APPLICANT: CROWN CASTLE WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 11" day of September, 2012, hold a noticed Public Hearing to consider a request by Crown Castle, to permit the construction and placement of thirty-seven (37) foot tall street light pole with an attached antenna distribution system within the public right-of-way at the Jefferson Street and Avenue 52 roundabout, in the City of La Quinta, more particularly described as: APN: PUBLIC RIGHT OF WAY WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 30`h day of August, 2012, for the 11`h day of September, 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 co -location of the street lighting pole and antennas 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 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: Planning Commission Resolution 2012-018 Conditional Use Permit 2012-142: Crown Castle September 11, 2012 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 on a single street light 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 and co -location of a new street light pole for antenna and street lighting has been determined to be exempt from CEQA, under Guidelines Section 15332 (Infill Development), in that the site is developed as a City street surrounded by urban infrastructure improvements (e.g., roads, water, sanitation, etc.). 4. Compatibility with Surrounding Uses: The proposed improvements are located within existing public right-of-way. The proposed street light pole, antennas and equipment do not detract from 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 2012-142 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 11`h day of September, 2012, by the following vote, to wit: Planning Commission Resolution 2012-018 Conditional Use Permit 2012-142: Crown Castle September 11, 2012 AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairwoman Barrows NOES: None ABSENT: None ABSTAIN: None KATIE BARROWS, Chairwoman City of La Quinta, California Q LES J((HNSON F4anning Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2012-018 CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - FINAL SEPTEMBER 11, 2012 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("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 counsel. 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 September 11, 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. 3. This Conditional Use Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan (WQMP) Exemption Form — Whitewater River Region, Improvement Permit) La Quinta Building and Safety Department for Building Permits La Quinta Planning Department • Riverside Co. Environmental Health Department • South Coast Air Quality Management District Coachella Valley • Federal Communication Commission Federal Aviation Administration The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of PLANNING COMMISSION RESOLUTION 2012-018 CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - FINAL SEPTEMBER 11, 2012 improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Approval of this Conditional Use Permit shall not be construed as approval for any horizontal dimensions implied by site plans or exhibits unless specifically identified in the conditions of approval. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs 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 Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This ,obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 8. 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 easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to remove graffiti and to paint over to 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 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. IMPROVEMENT PLANS PLANNING COMMISSION RESOLUTION 2012-018 CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - FINAL SEPTEMBER 11, 2012 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. 9. 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). 10. The proposed light or mono pole shall be designed using the AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminares, and Traffic Signals or the Caltrans standard plans and specifications. Structural calculations or other proof that can show the proposed pole meets design requirements shall be submitted for review and approval by the City Engineer. 11. The submitted preliminary site plan appears to propose minimal grading and may not require a grading permit (see exceptions in Municipal Code Section 8.80.040). If a grading permit is required, a precise grading plan prepared by a Civil Engineer registered in California and a Soils Report prepared by a professional registered in California must be approved by the City Engineer prior to the commencement of grading. Other engineered improvement plans prepared for City approval that are not listed shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "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. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Department. IMPROVEMENT SECURITY AGREEMENTS 12. Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bonds each valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. PLANNING COMMISSION RESOLUTION 2012-018 CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - FINAL SEPTEMBER 11, 2012 Security will not be required for telephone, natural gas, or Cable T.V. improvements. PRECISE GRADING 13. If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements)• 14. If a grading permit is required, 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. 15. 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 for a grading permit. 16. 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. 17. 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 W) of the curb, otherwise the maximum slope within PLANNING COMMISSION RESOLUTION 2012-018 CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - FINAL SEPTEMBER 11, 2012 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. UTILITIES 18. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 19. 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 electric vaults, water valves, and telephone stands, to ensure optimum placement for safety, practical and aesthetic purposes. 20. 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 21. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 22. The applicant shall make provisions for the continuous and perpetual maintenance of the structure installed for this Conditional Use Permit as well as access drives, perimeter and site landscaping up to the curb, and stormwater BMPs if applicable, or as specified in the required lease agreement. 23. The applicant shall protect existing hardscape along the proposed construction area to include but not be limited to garden walls, landscaping, irrigation systems, curb and gutter, sidewalk and pavement, and existing building structures. Restoration to any damaged hardscape shall be to the satisfaction of the City of La Quinta. FEES AND DEPOSITS 24. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits)• These fees include all deposits and fees required by the PLANNING COMMISSION RESOLUTION 2012-018 CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - FINAL SEPTEMBER 11, 2012 City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. PLANNING 25. The applicant shall secure a lease agreement with the City of La Quinta for the placement of the telecommunication equipment within the City's right-of-way prior to issuance of a building permit. 26. The total height of the street light pole and antenna shall not exceed thirty- seven (37) feet measured from finished grade, and shall not exceed a diameter greater than twelve (12) inches. 27. The new street light pole shall accommodate the relocation of the existing street lighting improvements. Street 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. The height of the light poles arm and light fixture shall match the height and design of the existing street light pole. The pole shall match the light source of the existing light fixtures. 28. The placement of the pole shall not interfere with the existing infrastructure and improvements at this location. The pole shall be placed in the same location as the current street light pole. 29. Panel antennas shall be flush -mounted and be attached securely to the street light pole at a minimum height of twenty-five (25) feet. The panel antennas shall be painted to match the pole, and shall not be placed higher than twenty-nine (29) feet on the pole. All panel antennas are limited to a maximum of thirty-six (36) 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 pole. 30. The applicant is limited to placement of a single electrical meter pedestal and interest vault to service the street light pole equipment. The equipment pedestal and vault shall be placed in close proximity to the street light pole and the existing electrical cabinet along Avenue 52. The placement of the equipment cabinet and vault shall not result in the removal of existing landscape, nor shall it cause visual interference with pedestrian and vehicular movements at the intersection. PLANNING COMMISSION RESOLUTION 2012-018 CONDITIONAL USE PERMIT 2012-142 CONDITIONS OF APPROVAL - FINAL SEPTEMBER 11, 2012 31. 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. Any future co -locations at this site shall receive approval of a Minor Use Permit (MUP). 32. 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.