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PC Resolution 2013-004PLANNING COMMISSION RESOLUTION 2013-004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE PLACEMENT OF A SEVENTY-TWO (72) FOOT TALL MONOPALM TOWER AND EQUIPMENT ENCLOSURE WITHIN THE LA QUINTA STORQUEST PARKING LOT CASE NO.: CONDITIONAL USE PERMIT 2012-147 APPLICANT: CABLE ENGINERRING SERVICES WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 91h day of April 2013, held a duly noticed Public Hearing to consider a request by Cable Engineering Services, to allow the placement of a seventy-two (72) foot tall monopalm tower and equipment enclosure within the La Quinta StorQuest parking lot, located at 46-600 Adams Street, in the CP (Commercial Park) district, more particularly described as: APN: 600-390-01 1 WHEREAS, on the 25" day of February, 2013, the Planning Department mailed case file material to all affected agencies for their review and comment, with all written comments received on file with the Planning Department; and WHEREAS, the Planning Department published the public hearing notice in the Desert Sun newspaper on the 291" day of March, 2013, for the 91" day of April, 2013, 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 placement of the monopalm tower near an existing monopalm site and surrounding live palm trees, and the placement of additional palm trees, will minimize adverse visual effects of the antennas and equipment on the surrounding area; and WHEREAS, the telecommunication facility will improve telecommunication service options within the northern portion of the City of La Quinta; and Planning Commission Resolution 2013-004 Conditional Use Permit 2012-147: Cable Engineering Services April 9, 2013 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: 1. Consistency with the General Plan: As conditioned, the design and improvements of the proposed monopalm tower and equipment enclosure 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 services such as wireless telephones. The placement of the monopalm tower at this site will have a negligible impact on the surrounding public thoroughfares and land uses. 2. Consistency with the Zoning Code: As conditioned, the placement of the monopalm tower and equipment enclosure 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 the monopalm tower and equipment enclosure have been determined to be exempt from CEQA, under Guidelines Section 15332 (Infill Development), in that the site is developed as a private storage facility that is 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 monopalm and equipment enclosure are consistent with 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 2012-147 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; Planning Commission Resolution 2013-004 Conditional Use Permit 2012-147: Cable Engineering Services April 9, 2013 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 9th day of April, 2013, by the following vote, to wit: AYES: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairperson Barrows NOES: None ABSENT: None ABSTAIN: None KATIE BARB S, Chairperson City of La Quinta, California U JzES JCIHNSON Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2013-004 CONDITIONAL USE PERMIT 2012-147 CONDITIONS OF APPROVAL - FINAL APRIL 9, 2013 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 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. 3. This permit shall expire on April 9, 2015, unless a one-year time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 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 • Coachella Valley Water District (CVWD) • Imperial Irrigation District (IID) • Federal Communication Commission • Federal Aviation Administration PLANNING COMMISSION RESOLUTION 2013-004 CONDITIONAL USE PERMIT 2012-147 CONDITIONS OF APPROVAL - FINAL APRIL 9, 2013 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. PROPERTY RIGHTS 7. 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. PLANNING COMMISSION RESOLUTION 2013-004 CONDITIONAL USE PERMIT 2012-147 CONDITIONS OF APPROVAL - FINAL APRIL 9. 2013 I14I:2:19PI4JII4\i9»ell&' 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. 8. 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). 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 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 above shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. Unless otherwise waived, the applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and note the 2010 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. "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 Corporate Center Drive to the proposed equipment. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Department. PLANNING COMMISSION RESOLUTION 2013-004 CONDITIONAL USE PERMIT 2012-147 CONDITIONS OF APPROVAL - FINAL APRIL 9, 2013 10. 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 as -built conditions. The applicant shall employ or retain the Engineer Of Record during the construction phase of the project so that the FOR 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. j"I\IJL[Nd 11. Stormwater handling shall conform with the approved hydrology and drainage report for the Store Quest Self Storage project. Nuisance water shall be disposed of in an approved manner. MAINTENANCE 12. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 13. Any disturbed areas including landscaping shall be replaced in -kind PLANNING 14. The applicant is permitted to install a single seventy-two (72) foot tall monopalm tower consistent with the plans on file as part of this Conditional Use Permit application. The monopalm tower is permitted for three (3) antenna arrays, attached to the tower at a height of sixty-three (63) feet. Each array shall accommodate up to four (4) panel antennas and eight (8) radio remote units. The monopalm tower's faux palm fronds shall extend a five (5) feet above the top of any antenna unit. 15. The panel antennas shall not exceed a length of eight (8) feet and shall be mounted securely to the monopalm tower. All antennas and antenna arrays PLANNING COMMISSION RESOLUTION 2013-004 CONDITIONAL USE PERMIT 2012-147 CONDITIONS OF APPROVAL - FINAL APRIL 9, 2013 shall be painted to match the faux palm fronds and shall be shielded from view by the tower's faux palm fronds. 16. The applicant shall install two (2) palm trees, each at a minimum height of fifty (50) feet tall, in close proximity to the monopalm tower. The applicant shall submit a landscape plan showing irrigation improvements and plant schedule prior to issuance of a building permit. 17. The equipment enclosure shall be enclosed by a CMU block wall painted to match the existing block wall at the adjacent monopalm tower site. The wall height shall not exceed six (6) feet in height. The wall enclosure shall conform to the plans on file as part of this application. The gate installation shall match the existing gate for the adjacent monopalm tower lease space. 18. 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. 19. Cable Engineering Services 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. 20. 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. 21. 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.