Loading...
CC Resolution 2018-048 AT&T Monopalm CUP 2018-0003RESOLUTION 2018 – 048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, SUSTAINING THE PLANNING COMMISSION’S APPROVAL OF CONDITIONAL USE PERMIT FOR CONSTRUCTION OF A 65-FOOT MONOPALM CELL TOWER AND ASSOCIATED GROUND EQUIPMENT AT THE LA QUINTA COMMUNITY PARK CASE NUMBERS: APPEAL 2018-0001 CONDITIONAL USE PERMIT 2018-0003 APPELANT: SMARTLINK WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 24th day of July, 2018, hold a duly noticed Public Hearing to consider a request by Smartlink for approval of 65-foot monopalm cell tower and associated ground equipment generally located east of the intersection of Eisenhower Drive and Avenida Montezuma, more particularly described as: APN: 773-074-002 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on September 7, 2018 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and, WHEREAS, the City Council of the City of La Quinta, California did, on the 18th day of September, 2018, hold a duly noticed Public Hearing to consider an appeal by Smartlink of certain conditions of approval of CUP 2018-0003. WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did make the following mandatory findings pursuant to Section 9.170.090 of the Municipal Code to justify approval of said Conditional Use Permit, subject to revised conditions of approval: 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. City Council Resolution 2018 -048 Appeal 2018-0001 of Conditional Use Permit 2018-0003 Adopted: September 18, 2018 Page 2 of 4 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, 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, and is proposed as a stealth monopalm, which fronds should minimize the visual impacts of the facility. The monopalm is in close proximity to other palm trees at the park’s west entrance to help camouflage the tower. Additionally, the equipment enclosure will be located behind the existing monument wall at the park’s west entrance, which will assist in shielding the equipment from view. 4. Tower Design 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, is to be 65 feet in height and 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 City Council of the City of La Quinta, California, as follows: CITY COUNCIL RESOLUTION NO. 2018-048 CONDITIONS OF APPROVAL –FINAL APPEAL 2018-0001; CONDITIONAL USE PERMIT 2018-0003 APPLICANT: SMARTLINK ADOPTED: SEPTEMBER 18, 2018 Page 1 of 9 COAS ADOPTED BY PLANNING COMMISSION RESOLUTION 2018-010 ON JULY 24, 2018 ARE REVISED PER COUNCIL’S APPEAL DECISION 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.laquintaca.gov. 3. The Conditional Use Permit shall expire on July 24, 2020 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:  Riverside County Fire Marshal  La Quinta Design and Development Department (Grading Permit, Green Sheet (Public Works Development Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form – Whitewater River Region, Improvement Permit)  La Quinta Building and Safety Division for Building Permits  La Quinta Planning Division  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) CITY COUNCIL RESOLUTION NO. 2018-048 CONDITIONS OF APPROVAL –FINAL APPEAL 2018-0001; CONDITIONAL USE PERMIT 2018-0003 APPLICANT: SMARTLINK ADOPTED: SEPTEMBER 18, 2018 Page 2 of 9 COAS ADOPTED BY PLANNING COMMISSION RESOLUTION 2018-010 ON JULY 24, 2018 ARE REVISED PER COUNCIL’S APPEAL DECISION  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. 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 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 8. 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. 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. CITY COUNCIL RESOLUTION NO. 2018-048 CONDITIONS OF APPROVAL –FINAL APPEAL 2018-0001; CONDITIONAL USE PERMIT 2018-0003 APPLICANT: SMARTLINK ADOPTED: SEPTEMBER 18, 2018 Page 3 of 9 COAS ADOPTED BY PLANNING COMMISSION RESOLUTION 2018-010 ON JULY 24, 2018 ARE REVISED PER COUNCIL’S APPEAL DECISION 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. 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. “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. 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 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 CITY COUNCIL RESOLUTION NO. 2018-048 CONDITIONS OF APPROVAL –FINAL APPEAL 2018-0001; CONDITIONAL USE PERMIT 2018-0003 APPLICANT: SMARTLINK ADOPTED: SEPTEMBER 18, 2018 Page 4 of 9 COAS ADOPTED BY PLANNING COMMISSION RESOLUTION 2018-010 ON JULY 24, 2018 ARE REVISED PER COUNCIL’S APPEAL DECISION 13. If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 13.24.050 (Grading Improvements). 14. 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. 15. 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 16. 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 17. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 18. 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. 19. 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. CITY COUNCIL RESOLUTION NO. 2018-048 CONDITIONS OF APPROVAL –FINAL APPEAL 2018-0001; CONDITIONAL USE PERMIT 2018-0003 APPLICANT: SMARTLINK ADOPTED: SEPTEMBER 18, 2018 Page 5 of 9 COAS ADOPTED BY PLANNING COMMISSION RESOLUTION 2018-010 ON JULY 24, 2018 ARE REVISED PER COUNCIL’S APPEAL DECISION MAINTENANCE 20. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 21. Any disturbed areas including landscaping shall be replaced in-kind. FEES AND DEPOSITS 22. 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. 23. 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 24. 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. 25. 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. 26. 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. CITY COUNCIL RESOLUTION NO. 2018-048 CONDITIONS OF APPROVAL –FINAL APPEAL 2018-0001; CONDITIONAL USE PERMIT 2018-0003 APPLICANT: SMARTLINK ADOPTED: SEPTEMBER 18, 2018 Page 6 of 9 COAS ADOPTED BY PLANNING COMMISSION RESOLUTION 2018-010 ON JULY 24, 2018 ARE REVISED PER COUNCIL’S APPEAL DECISION 27. The proposed mono-palm shall be approved at a height of 65 feet. 28. Branches shall extend a minimum of 18 inches beyond the antenna arrays. 29. The monopalm structure shall include fifty (50) fronds for maximum antenna screening. 30. One (1) live California Fan Palm shall be planted near the equipment enclosure in order to preserve the symmetry of the existing palm tree pattern at the park. 31. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. 32. 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. 33. AT&T, 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. 34. 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. 35. 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. 36. 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. 37. 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. CITY COUNCIL RESOLUTION NO. 2018-048 CONDITIONS OF APPROVAL –FINAL APPEAL 2018-0001; CONDITIONAL USE PERMIT 2018-0003 APPLICANT: SMARTLINK ADOPTED: SEPTEMBER 18, 2018 Page 7 of 9 COAS ADOPTED BY PLANNING COMMISSION RESOLUTION 2018-010 ON JULY 24, 2018 ARE REVISED PER COUNCIL’S APPEAL DECISION 38. Cables, conduit or other equipment on the monopalm tower pole shall be stealthed to the maximum extent feasible, which shall mean that those cables, conduit, and other equipment (other than the antennas and remote radio units which shall be regulated per Condition No. 31) shall not be visible. Further, all electrical work for the proposed antennas shall be contained within the monopalm tower cavity. 39. 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 live palm tree and plantings around the equipment enclosure, 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. 40. Applicant shall erect, install, repair and maintain the Proposed Facility in safe condition and good repair in accordance with applicable regulatory codes for safe practices, state or local authority having jurisdiction. The site and Propose Facility must be maintained at all times in a neat and clean manner and in accordance with all approved plans. Applicant shall comply with LQMC Section 13.24.160, regarding maintenance. Applicant shall maintain its facilities in good and safe condition and in a manner that complies with all generally-applicable federal, state, and local requirements. Applicant shall maintain all open graded, undeveloped land in order to prevent wind or water erosion, including control measures as approved in the City Fugitive Dust Control Plan. Any disturbed areas including landscaping shall be replaced in-kind. Applicant shall comply with all recommended repair and maintenance service intervals provided by the equipment manufacturers. Applicant shall ensure that its employees, agents or contractor which perform work in furtherance of maintaining the Proposed Facility are adequately trained and skilled to access the site in accordance with applicable industry and governmental standards and regulations. All graffiti on the facilities must be removed at the sole expense of the Applicant within 24 hours of notification by the City. FIRE 41. Provide a minimum 2A10BC rated fire extinguisher. Fire extinguisher is to be mounted from 3.5'' to 5'' from floor. 42. If hazardous material are to be utilized in equipment room, an approved NFPA 704 diamond sing with appropriate hazard level numbers is to be posted in a visible location at front of room. CITY COUNCIL RESOLUTION NO. 2018-048 CONDITIONS OF APPROVAL –FINAL APPEAL 2018-0001; CONDITIONAL USE PERMIT 2018-0003 APPLICANT: SMARTLINK ADOPTED: SEPTEMBER 18, 2018 Page 8 of 9 COAS ADOPTED BY PLANNING COMMISSION RESOLUTION 2018-010 ON JULY 24, 2018 ARE REVISED PER COUNCIL’S APPEAL DECISION 43. A KNOX box with access key(s) is to be installed at front of equipment room for fire department access. 44. A fire department final inspection is required. BUILDING 45. Use the following address for all future submittals: 77-753 Avenida Montezuma 46. All construction shall comply with the applicable California Building Code requirements at time of submittal. LANDSCAPE AND IRRIGATION 47. The applicant shall comply with LQMC Sections 13.24.130 (Landscaping Setbacks) & 13.24.140 (Landscaping Plans) 48. The applicant shall submit the landscape plans for approval to plan checking by the Planning Division. When plan checking has been completed by the Planning Division, the applicant shall obtain the signatures of CVWD and the Riverside County Agricultural Commissioner, prior to submittal for signature by the Planning Manager and/or the City Engineer. NOTE: Plans are not approved for construction until signed by both the Planning Manager and/or the City Engineer. 49. Landscape areas shall have permanent irrigation improvements meeting the requirements of the Planning Manager. 50. The applicant or his agent has the responsibility for proper sight distance requirements per guidelines in the American Association of State Highway and 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. 51. Landscape and irrigation plans shall be signed and stamped by a licensed landscape architect. 52. All new landscape areas shall have landscaping and permanent irrigation improvements in compliance with the City’s Water Efficient Landscape regulations contained in LQMC Section 8.13 (Water Efficient Landscape). CITY COUNCIL RESOLUTION NO. 2018-048 CONDITIONS OF APPROVAL –FINAL APPEAL 2018-0001; CONDITIONAL USE PERMIT 2018-0003 APPLICANT: SMARTLINK ADOPTED: SEPTEMBER 18, 2018 Page 9 of 9 COAS ADOPTED BY PLANNING COMMISSION RESOLUTION 2018-010 ON JULY 24, 2018 ARE REVISED PER COUNCIL’S APPEAL DECISION 53. All landscaping shall consist of, at minimum, 36” box trees (i.e., a minimum 2.5 inch caliper measured three feet up from grade level after planting), 5-gallon shrubs, and groundcover. 54. The applicant shall submit the final landscape plans for review, processing and approval to the Design and Development Department, in accordance with the Final Landscape Plan application process as a minor final landscape plan. Planning Manager approval of the final landscape plans is required prior to issuance of the first building permit unless the Design and Development Director determines extenuating circumstances exist which justify an alternative processing schedule. NOTE: Plans are not approved for construction until signed by the appropriate City official, including the Planning Manager. Prior to final approval of the installation of landscaping, the Landscape Architect of record shall provide the Planning Manager a letter stating he/she has personally inspected the installation and that it conforms with the final landscaping plans as approved by the City. If staff determines during final landscaping inspection that adjustments are required in order to meet the intent of the Planning Commission’s approval, the Planning Manager shall review and approve any such revisions to the landscape plan.