Loading...
PC Resolution 2012-029PLANNING COMMISSION RESOLUTION 2012-029 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A SINGLE DISTRIBUTED ANTENNA SYSTEM (DAS) WITHIN THE PUBLIC RIGHT OF WAY AT THE SOUTHEAST CORNER OF AVENUE 50 AND PARK AVENUE CASE NO.: CONDITIONAL USE PERMIT 2012-143 APPLICANT: CROWN CASTLE WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 27" day of November, 2012, hold a noticed Public Hearing to consider a request by Crown Castle, to permit the placement of a distributed antenna system (DAS) on the existing street light/signal pole located at the southeast corner of Avenue 50 and Park Avenue, in the City of La Quinta; and WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 14' day of November, 2012, for the 27" day of November, 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 location and placement height of the telecommunication equipment and distributed antenna system on the existing street light/signal pole will minimize adverse visual effects of the equipment and will decrease the need for additional telecommunication poles and equipment on the surrounding area; and WHEREAS, the placement of the distributed antenna system on the existing street light/signal pole 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: Consistency with the General Plan: The design and placement of antenna 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 location of the antenna equipment on an existing street light/signal pole at this site will have a negligible impact on the surrounding public thoroughfares and land uses. Planning Commission Resolution 2012-029 Conditional Use Permit 2012-143: Crown Castle November 27, 2012 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 that the requirement to locate antenna equipment on existing structures has been met. 3. Compliance with CEQA: The placement and location of telecommunication equipment for a distributed antenna system 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 telecommunication antenna and equipment does not deter 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 2012-143 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 271h day of November, 2012, by the following vote, to wit: AYES: Commissioners Alderson, Weber, Wilkinson, and Wright NOES: None ABSENT: Chairperson Barrows ABSTAIN: None Planning Commission Resolution 2012-029 Conditional Use Permit 2012-143: Crown Castle November 27, 2012 kATIE ROChairwoman City of La Quinta, California ATTEST: JOFkNSON, Planning Director of La Quinta, California PLANNING COMMISSION RESOLUTION 2012-029 CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 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 November 27, 2014, unless a building permit has been issued 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 Desert Sands Unified School District (DSUSD) Coachella Valley Water District (CVWD) California Regional Water Quality Control Board (CRWQCB) State Water Resources Control Board PLANNING COMMISSION RESOLUTION 2012-029 CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 2012 South Coast Air Quality Management District Coachella Valley Federal Communication Commission 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. 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. 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. 7. 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). 8. The proposed unit to be installed on the traffic signal and light poles shall be designed using the AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminares, and Traffic Signals and the Caltrans standard plans and specifications. All design calculations shall base on 100 mph wind speed and 100 Ibs per antenna weight limit. The design shall be submitted for review and approval by the City Engineer and the Building Official. 9. The submitted preliminary plans appear to propose no or minimal grading and may not require a grading permit (see exceptions in Municipal Code Section PLANNING COMMISSION RESOLUTION 2012-029 CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 2012 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 10. Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bond each valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. PRECISE GRADING 1 1 . If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 12. 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. PLANNING COMMISSION RESOLUTION 2012-029 CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 2012 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. 13. 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. 14. 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 (6') of the curb, otherwise the maximum slope within 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. FlkdIIhdIX9 15. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 16. 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. 17. 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 PLANNING COMMISSION RESOLUTION 2012-029 CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 2012 maintenance thereof shall be located so as to not conflict with access aisles/entrances. LANDSCAPE AND IRRIGATION 18. The applicant shall comply with LQMC Section 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscape Plans). 19. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets", latest edition, in the design and/or installation of all landscaping and appurtenances abutting and within the private and public street right-of-way. MAINTENANCE 20. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 21. 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. 22. 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 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. PLANNING COMMISSION RESOLUTION 2012-029 CONDITIONAL USE PERMIT 2012-143 CONDITIONS OF APPROVAL - RECOMMENDED NOVEMBER 27, 2012 PLANNING 24. 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. 25. The total height of the telecommunication antenna shall not exceed a height greater than the street light/signal pole. Ancillary equipment attached to the pole shall be at a height greater than nine (9) feet and shall be attached secularly to the pole. 26. Any ground mounted ancillary equipment needed to support the antenna shall be placed near existing ground -mounted equipment and shall be screen from view by landscape. Final location of ground -mounted equipment and screening techniques is subject to approval by the Planning Director. 27. 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.