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PC Resolution 2017-010PLANNING COMMISSION RESOLUTION 2017 - 010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR PLACEMENT OF A 49 - FOOT TALL MONOPALM WIRELESS TELECOMMUNICATION TOWER AND EQUIPMENT ON A VACANT PAD AT LA QUINTA SQUARE AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: CONDITIONAL USE PERMIT 2017-0003 APPLICANT: PREST VUKSIC ARCHITECTS, INC. WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 11th day of July, 2017, hold a duly noticed Public Hearing to consider a request by T -Mobile Wireless for approval of a 49 -foot tall monopalm wireless telecommunication tower and mechanical equipment on a vacant commercial pad, g generally located on the southwest corner of Highway 111 and Simon Drive, more particularly described as: APN: 643-220-028 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on June 30, 2017 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; 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 9.170.090 of the Municipal Code to justify approval of said Conditional Use Permit: 1. Consistency with General Plan The design of the proposed wireless facility is consistent with La Quinta General Plan, which requires utilities and communication facilities to be available, adequate and convenient for all residents. The applicant has determined that a need for this type of service, in this general area, exists and providing such a facility will ensure that the public has access to such services. The placement of the monopalm tower at this site will have a negligible impact on the surrounding public thoroughfares and land uses. 2. Public Welfare The proposed wireless facility will not create conditions materially detrimental to the public health, safety and general welfare. The facility will provide enhanced communication services to the surrounding area, Planning Commission Resolution 2017 - 010 Conditional Use Permit 2017-0003 Applicant: Prest Vuksic Architects, Inc. July 11, 2017 Page 2 of 3 including emergency and public safety communications. The wireless facility is required to comply with the American National Standard Institute (ANSI) standards for professionally acceptable radio frequency emissions to ensure the antennas will not interfere with the surrounding land uses. 3. Visual Impacts The proposed wireless telecommunication facility minimizes adverse visual impacts through careful design and site placement. The facility utilizes a small footprint within a vacant commercial pad, and the facility is proposed as a stealth Monopalm, which fronds should minimize the visual impacts of the facility. Two live date palm trees planted in close proximity will further camouflage the proposed facility. 4. Tower Qesi�n The proposed wireless telecommunication facility is designed at the minimal height to achieve the service provider's objectives for coverage within this portion of the community. The proposed camouflaged wireless communications facility, as conditioned, to be a 49 -foot facility is consistent with City of La Quinta development standards for wireless telecommunication facilities. 5. Justification The proposed wireless telecommunication facility is necessary, as shown in the applicant's justification letter, to continue and improve community access to wireless service from the project site. Therefore, this facility is necessary to improve community access to wireless services. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the above project be determined by the Planning Commission to be exempt from CEQA pursuant to Section 15332 and 15303 of the CEQA Guidelines. SECTION 3. That it does hereby approve Conditional Use Permit 2017-0003, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval. Planning Commission Resolution 2017 - 010 Conditional Use Permit 2017-0003 Applicant: Prest Vuksic Architects, Inc. July 11, 2017 Page 3 of 3 PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the 11th day of July, 2017, by the following vote: AYES: Commissioners Caldwell, Currie, McCune, Proctor, Quill, Wright and Chairperson Bettencourt NOES: None ABSENT: None ABSTAIN: None PHILIP F. BETTENCOURT, Chairperson City of La Quinta, California ATTEST: 4uu<�; GABRIEL RL Planning Manager City of La Qu' ❑, California PLANNING COMMISSION RESOLUTION 2017-010 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2017-0003 PREST VUKSIC ARCHITECTS FOR T -MOBILE JULY 11, 2017 Page 1 of 8 *Modified Conditions approved by the Planning Commission on July 11, 2017 are included in Bold and c*.•�id (Conditions 38, 42, 43, 44, 45). 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. The applicant shall comply with all applicable provisions of the La Quinta Municipal Code (LQMC), including Chapter 9.170 and Chapter 9.210.020. 3. The Conditional Use Permit shall expire on July 11, 2019 and shall become null and void in accordance with Municipal Code Section 9.200.080, unless the use has been established. A time extension may be requested per LQMC Section 9.200.080. 4. Any expansion or substantial modifications to the approved plan shall require an amendment of this Conditional Use Permit. Minor modifications to this Conditional Use Permit shall be considered by the Design and Development Director, and may require notification of surrounding property owners prior to such approval. All other amendments shall be processed in accordance with LQMC 9.200.100. 5. 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. 6. 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 Design and Development Department (Grading Permit, Building Permit, Green Sheet (Public Works Clearance) for Building Permits, Water PLANNING COMMISSION RESOLUTION 2017-010 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2017-0003 PREST VUKSIC ARCHITECTS FOR T -MOBILE JULY 11, 2017 Page 2 of 8 Quality Management Plan(WQMP) Exemption Form - Whitewater River Region, Improvement Permit) ■ Riverside Co. Environmental Health Department ■ Desert Sands Unified School District (DSUSD) ■ Coachella Valley Water District (CVWD) ■ Imperial Irrigation District (IID) ■ California Regional Water Quality Control Board (CRWQCB) • State Water Resources Control Board • SunLine Transit Agency • 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 improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 7. 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. 8. 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 9. 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 PLANNING COMMISSION RESOLUTION 2017-010 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2017-0003 PREST VUKSIC ARCHITECTS FOR T -MOBILE JULY 11, 2017 Page 3 of 8 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. 10. The applicant shall cause no easement to be granted, or recorded in the public right of way unless such easement is approved by the City Engineer. 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. 11. 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). 12. The submitted preliminary plans appear to propose no or 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. "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 including ADA accessibility from public right of way to the proposed equipment. 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. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Division. 13. Upon completion of construction, and prior to final acceptance 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 PLANNING COMMISSION RESOLUTION 2017-010 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2017-0003 PREST VUKSIC ARCHITECTS FOR T -MOBILE JULY 11, 2017 Page 4 of 8 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 Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. PRECISE GRADING 14. If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 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. 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. DRAINAGE 17. Stormwater handling shall conform with the approved hydrology and drainage report for the La Quinta Square project. Nuisance water shall be disposed of in an approved manner. 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, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for safety, practical and aesthetic purposes. PLANNING COMMISSION RESOLUTION 2017-010 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2017-0003 PREST VUKSIC ARCHITECTS FOR T -MOBILE JULY 11, 2017 Page 5 of 8 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. Any disturbed areas including landscaping shall be replaced in-kind. FEES AND DEPOSITS 23. 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 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. 24. Permits issued under this approval shall be subject to the provisions of the Development Impact Fee and Transportation Uniform Mitigation Fee programs in effect at the time of issuance of building permit(s). PLANNING 25. The proposed telecommunication facility shall comply with all federal and state statutes, including, but not limited to, FCC licensing, NIER levels, and FAA requirements. No wireless telecommunication facility or combination of facilities shall produce, at any time; power densities that exceed current FCC adopted standards for human exposure for RF (Radio Frequency Radiation Exposure Standards) fields. Failure to comply with FCC Standards will result in the immediate cessation of operation of the wireless telecommunication facility. 26. All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical Code, the City's noise ordinance, and other applicable codes, as well as other restrictions specified in the permit and the La Quinta Municipal Code. The facility operator and the property owner shall be responsible for maintaining the facility in good condition, which shall include, but not be limited to, regular cleaning, painting, PLANNING COMMISSION RESOLUTION 2017-010 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2017-0003 PREST VUKSIC ARCHITECTS FOR T -MOBILE JULY 11, 2017 Page 6 of 8 and general upkeep and maintenance of the site consistent with the facility's original approval. 27. The panel antennas shall be mounted securely to the monopalm tower. All antennas and antenna arrays shall be painted to match the faux palm fronds and shall be shielded from view by the tower's faux palm fronds. The final design of the screening material shall be approved by the Design and Department Director. 28. Branches shall extend a minimum of 18 inches beyond the antenna arrays. 29. 70% of all branches shall be eight (8) feet in length or longer 30. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. 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. 32. T -Mobile, or successor, 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. Response shall be within 48 hours of receipt of notice of any such complaints. 33. 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. 34. The wireless telecommunication facility operators are required to notify the City of La Quinta's Planning Division within sixty (60) days of any change of ownership of the facility. 35. This telecommunication facility is subject to a ten-year review by the Planning Commission. The review will determine whether or not the originally approved telecommunication facility and accessory equipment are still in compliance with the conditions of approval, and that all radio frequencies are in compliance with FCC OET Bulletin 65. This report shall be prepared by a qualified licensed engineer. PLANNING COMMISSION RESOLUTION 2017-010 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2017-0003 PREST VUKSIC ARCHITECTS FOR T -MOBILE JULY 11, 2017 Page 7 of 8 36. 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. 37. 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. 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 two (2) palm trees, in a live healthy status and irrigated. If the facility is not so maintained, this approval is subject to revocation or other correcting actions as determined appropriate by the City. 39. The proposed mono -palm shall be approved at a height of 29 feet with a concurrent one time height modification taken under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, for an ultimate height of 49 feet. 40. The applicant shall submit a Final Landscape Plan that includes provisions for installation of live palm trees, shrubs, and vines if Site Development Permit 2017- 2005 is not approved. 41. The approval of the monopalm wireless telecommunications facility under Conditional Use Permit 2017-0003 supersedes the rooftop wireless telecommunications facility approved under Conditional Use Permit 96-026 and CUP 96-026 shall not be operative upon the approval of CUP 2017-0003. 42. The temporary T -Mobile facility in the parking lot approved under temporary uses permit 2017-0005 shall be permitted to operate and shall be removed bye March 1, 2018 or when the permanent wireless telecommunication facility, approved under Conditional Use Permit 2017-0003, is operational prior to March 1, 2018. 43. The two live palm trees shall not exceed 30 feet in height, shall be of a premium grade and not exhibit drought rings upon installation. 44. Contact information for the T -Mobile representative or successor responsible for facility maintenance, including name, address and phone number, shall be provided to the Planning Division. The identified representative is required to be on call to address requests for facility repair or maintenance by City of La Quinta Planning Division or Code Compliance staff. PLANNING COMMISSION RESOLUTION 2017-010 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2017-0003 PREST VUKSIC ARCHITECTS FOR T -MOBILE JULY 11, 2017 Page 8of8 45. Notification shall be provided to the Planning Division in the event of a sale or transfer of ownership of the wireless telecommunications facility.