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PC Resolution 2016-011PLANNING COMMISSION RESOLUTION 2016 - 011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR PLACEMENT OF A 60 - FOOT TALL MONOPALM WIRELESS TELECOMMUNICATION TOWER AND EQUIPMENT AT FRITZ BURNS PARK, AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: CONDITIONAL USE PERMIT 2015-0003 APPLICANT: VERIZON WIRELESS WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 12th day of July, 2016, hold a duly noticed Public Hearing, as continued from the regularly -scheduled Public Hearings on May 24, 2016 and June 14, 2016, to consider a request by Verizon Wireless for approval of a 60 -foot tall monopalm wireless telecommunication tower and mechanical equipment at Fritz Burns Park, generally located on the southeast corner of Avenue 52 and Avenida Bermudas, more particularly described as: APN: 770-184-011 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on May 13, 2016 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. Planning Commission Resolution 2016 - 011 Conditional Use Permit 2015-0003 Applicant: Verizon Wireless Adopted: July 12, 2016 Page 2 of 3 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, including emergency and public safety communications. The facility is located within a public park, adjacent to the City maintenance yard. The nearest residence is approximately 160 feet to the north, separated by two roads and a landscaping buffer. 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 an underutilized parking area, and the facility is proposed as a stealth Monopalm, which fronds should minimize the visual impacts of the facility. 4. Tower Design The proposed wireless telecommunication facility is designed at the minimal height to achieve the service provides objectives for coverage within this portion of the community. The proposed camouflaged wireless communications facility, as conditioned, to be a 40 -foot facility with a concurrent one-time modification to include a height increase of 20 -feet as allowed within Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, enables carriers the right to utilize a one-time modification to include a height increase of 20 -feet. 5. Justification The proposed wireless telecommunication facility is necessary, as shown in the applicant's justification letter, to improve community access to wireless service. A significant gap in coverage exists for Verizon customers in this area of the City. 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: Planning Commission Resolution 2016 - 011 Conditional Use Permit 2015-0003 Applicant: Verizon Wireless Adopted: July 12, 2016 Page 3 of 3 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 2015-0003, 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 City of La Quinta Planning Commission, held on this the 12th day of July, 2016, by the following vote: AYES: Commissioners Blum, Fitzpatrick, Quill, Wright and Chairperson Bettencourt NOES: None ABSENT: None ABSTAIN: None PHILIP'f. BETTENCOURT, Chairperson City of La Quinta, California ATTEST: GABRIEL RtREZ, Pl ning Manager City of La Quinta,talifornia PLANNING COMMISSION RESOLUTION 2016-011 CONDITIONS OF APPROVAL - FINAL CONDITIONAL USE PERMIT 2015-0003 APPLICANT: VERIZON WIRELESS JULY 12, 2016 Page 1 of 4 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees ("Indemnified Parties") from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit, except to the extent such claim, action or proceeding is caused by the Indemnified Parties' gross negligence or willful misconduct. The City reserves the right to approve applicant's choice of counsel to represent the City, its agents, officers, and employees in the defense of the matter, which approval shall not be unreasonably conditioned, withheld, or delayed. 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 June 14, 2018 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. 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: ■ La Quinta Building Division • Imperial Irrigation District (IID) • 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. PLANNING COMMISSION RESOLUTION 2016-011 CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2015-0003 APPLICANT: VERIZON WIRELESS JUNE 14, 2016 Page 2 of 4 6. 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. 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. UTILITIES 9. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 10. 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. 11. 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 12. Any disturbed areas including landscaping shall be replaced in-kind. PLANNING COMMISSION RESOLUTION 2016-011 CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2015-0003 APPLICANT: VERIZON WIRELESS JUNE 14, 2016 Page 3 of 4 PLANNING 13. 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. 14. 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, and general upkeep and maintenance of the site consistent with the facility's original approval. 15. 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. 16. Branches shall extend a minimum of 18 inches beyond the antenna arrays. 17. 70% of all branches shall be eight (8) feet in length or longer. 18. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. 19. 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. 20. Verizon Wireless 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. PLANNING COMMISSION RESOLUTION 2016-011 CONDITIONS OF APPROVAL - RECOMMENDED CONDITIONAL USE PERMIT 2015-0003 APPLICANT: VERIZON WIRELESS JUNE 14, 2016 Page 4 of 4 21. 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 the proposed lease enclosure. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. If the facility is not so maintained, this approval is subject to revocation or other correcting actions as determined appropriate by the City. 27. The proposed mono -palm shall be approved at a height of 40 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 60 feet. 28. Prior to the issuance of a building permit, the applicant shall submit a definitive color/paint scheme for the trunk of the monopalm. The color of the trunk shall complement the trunks of the existing live palm trees in the vicinity of the wireless facility. Proposed trunk color shall be reviewed and approved by the Design and Development Director, or his/her designee.