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PC Resolution 2014-018PLANNING COMMISSION RESOLUTION 2014 - 018 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE PLACEMENT OF A FIFTY-FOUR (54) FOOT TALL MONOPALM TOWER AND EQUIPMENT ENCLOSURE WITHIN THE LA QUINTA COUNTRY CLUB CASE NO.: CONDITIONAL USE PERMIT 2012-148 APPLICANT: VERIZON WIRELESS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 22nd day of July, 2014, hold a duly noticed Public Hearing to consider a revised request by Verizon Wireless, to allow the placement of a fifty-four (54) foot tall monopalm tower and equipment enclosure within the La Quinta Country Club, located at 77750 Avenue 50, in the GC (Golf Course) zoning district, more particularly described as: APN: 658-190-002; 17.18 ACRES M/L IN POR SE 1 /4 OF SEC 36 T5S R6E WHEREAS, a public hearing notice was published in The Desert Sun newspaper on the 11 t" day of July, 2014, for the 22nd day of July, 2014, 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, a public hearing was originally held on on the 14t" day of May, 2013, to consider the original request by Verizon Wireless, said hearing subsequently being continued to June 25, July 23, and August 27, at which time the subject item was tabled by the Planning Commission; and WHEREAS, the placement of the monopalm tower near an existing maintenance building and surrounding landscape areas, with a requirement for additional landscape enhancements, within the La Quinta Country Club, will minimize adverse visual effects of the tower 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 Planning Commission Resolution 2014 - 018 Conditional Use Permit 2012-148 Applicant: Verizon Wireless Adopted: July 22, 2014 Page 2 of 3 Section 9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit: 1. Consistency with the General Plan: The design and improvements of the proposed monopalm tower and equipment enclosure are consistent with the La Quinta General Plan (Chapter 5) that 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. Consistency with the Zoning Code: 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 currently developed as a private maintenance 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. Adequate provisions for screening have been provided for in the proposed development plan, and through conditions placed on the application. 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 correct and constitute the findings of the Planning Commission for this Conditional Use Permit; SECTION 2. That it does hereby approve Conditional Use Permit 2012-148 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; Planning Commission Resolution 2014 - 018 Conditional Use Permit 2012-148 Applicant: Verizon Wireless Adopted: July 22, 2014 Page 3 of 3 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 22nd day of July, 2014, by the following vote: AYES: Commissioners Bettencourt, Fitzpatrick, Wilkinson and Chairperson Wright NOES: None ABSENT: Commissioner Blum ABSTAIN: None ROBE T WRI HT, Chairperson City of La Quinta, California ATTEST: VES IOHNSON, Community Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2014 - 018 CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - FINAL JULY 22, 2014 Page 1 of 6 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 the La Quinta Municipal Code ("LQMC"). The La Quinta Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This permit shall expire on July 22, 2016, unless a 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 Division for Building Permits La Quinta Planning Division Riverside Co. Environmental Health Department 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 2014 - 018 CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - FINAL JULY 22, 2014 Page 2 of 6 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 City, within thirty (30) days of presentment of invoice, all costs and actual consultant's fees incurred by 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), applicant shall acquire/confer easements and other property rights necessary for construction or proper functioning of the proposed development. Conferred rights shall include irrevocable offers to dedicate or grant access easements to City for emergency services, maintenance, construction and reconstruction of essential improvements. Said conferred rights shall also include grant of access easement to 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 may be 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. 9. 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 PLANNING COMMISSION RESOLUTION 2014 - 018 CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - FINAL JULY 22, 2014 Page 3 of 6 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. 10. 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). 11. 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. The applicant shall prepare an accessibility assessment on a marked up print of the building floor plan identifying every building egress and note the applicable California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building Division. 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 public right of way to the proposed equipment. 12. 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 PLANNING COMMISSION RESOLUTION 2014 - 018 CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - FINAL JULY 22, 2014 Page 4of6 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. UTILITIES 13. The applicant shall comply with LQMC Section 13.24.110 (Utilities). MAINTENANCE 14. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). Any disturbed areas including landscaping shall be replaced in - kind. BUILDING 15. The applicant shall obtain a building permit from the Building Division prior to construction. During the permitting process the applicant will submit documentation to address the following items: A. A structural analysis that demonstrates that the monopalm and equipment shelter structures comply with the current California Building Codes. B. An analysis of any openings in the existing exterior wall of the existing maintenance building and the proposed equipment shelter shall comply per CBC Table 705.8 (Maximum area of wall openings). When two structures are on the same lot, an assumed property line shall occur between the structures to determine the separation distance. C. An analysis of the fire rating of the exterior walls (existing Maintenance Building & proposed shelter) shall be performed to determine compliance to the minimum requirements per 2010 CBC Section 602.1 and Tables 601 and 602. UWAIMMOW 16. The applicant is permitted to install a single fifty-four (54) foot tall monopalm tower consistent with the revised plans, as approved and on file as part of this Conditional Use Permit approval. The monopalm tower is permitted for three (3) antenna arrays, attached to the tower at a height of forty-five (45) feet. Each array shall accommodate up to four (4) panel antennas. PLANNING COMMISSION RESOLUTION 2014 - 018 CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - FINAL JULY 22, 2014 Page 5 of 6 Any deviation from the approved Conditional Use Permit must be brought forward for Planning Commission approval. 17. 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. 18. The applicant shall install a total of four (4) live palm trees in accordance with the approved landscape plans. The applicant shall also work with the homeowner and other affected properties to present alternative sight -line screening options (i.e. tree type, size and location) for the Skip Boone residence in the Haciendas development (50095 Valencia Court). If feasible and agreeable to all parties involved, the applicant shall install the appropriate landscape material(s). Prior to final inspection(s), the applicant shall provide the City with written confirmation, that either, such improvements have been completed to the satisfaction of all parties, or reason and evidence that such improvements are considered infeasible. The CDD or his designee may act as mediator between the two parties, and shall have the final determination as to whether or not this Condition of Approval has been satisfied. 19. The equipment enclosure shall architecturally match the existing maintenance building, including stucco finish and paint color, roof tiles and faux windows. 20. The applicant shall secure the lease area with installation of eight (8) foot high wrought iron fence. The fence enclosure shall conform to the plans on file as part of this application. The wrought iron fence shall have a black painted finish. 21. The applicant shall plant additional shrubs and/or climbing vines, around the wrought iron fence. 22. The applicant shall submit a landscape plan showing irrigation improvements and plant schedule, in accordance with Conditions 21 and 24, prior to issuance of a building permit. 23. 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. PLANNING COMMISSION RESOLUTION 2014 - 018 CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - FINAL JULY 22, 2014 Page 6 of 6 24. 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. 25. The placement of the monopalm pole shall not interfere with the existing infrastructure and improvements at this location. The pole shall not be placed on public paths -of -travel and must be located in the proposed lease enclosure. 26. 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. 27. The wireless facility approved under CUP 2012-148 shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical Code, and other applicable codes, as well as other restrictions specified in the permit and the La Quinta Municipal Code. Plans as submitted for plan checking shall include detailed specifications/dimensions for the eighty (80) palm fronds, dead frond skirting (DFS), and antenna socks. The Community Development Director shall have authority to require any revisions to the plans as submitted as part of the plan check review in evaluation of compliance with the intent of the approval. The facility operator and the property owner shall be responsible for maintaining the entirety of the facility in good condition, which shall include, but not be limited to, regular cleaning, painting, frond replacement and other general upkeep and maintenance of the site consistent with the facility's original approval.