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PC Resolution 2022-021 AT&T Wireless Tower (SmartLink Group) - CUP 2022-0001PLANNING COMMISSION RESOLUTION 2022 - 021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A ROOFTOP TELECOMMUNICATION FACILITY WITH ASSOCIATED EQUIPMENT ENCLOSURE LOCATED ON AN EXISTING BUILDING AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: CONDITIONAL USE PERMIT 2022-0001 APPLICANT: SMARTLINK WHEREAS, the Planning Commission of the City of La Quinta, California did, on September 13, 2022, hold a duly noticed Public Hearing to consider a request by Smartlink, courtesy of AT&T, for approval of a building -mounted wireless telecommunication tower and mechanical equipment, generally located at the 47647 Caleo Bay Drive more particularly described as: APN: 643-200-004 47647 Caleo Bay Drive WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on September 2, 2022 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 and Section 9.210.020 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 telecommunication facility at this site will have a negligible impact on the surrounding public thoroughfares and land uses. Planning Commission Resolution 2022 - 021 Conditional Use Permit 2022-0001 Applicant: Smartlink Adopted: September 13, 2022 Page 2 of 4 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 building -mounted facility which will blend in with the existing building's architecture including colors, materials, and textures. The facility will be camouflaged and the new panel antennas will be placed behind screen box enclosures to match with the existing walls. Additionally, the associated mechanical equipment will be installed on the roof of the existing building, and on the ground floor, shielded from surrounding view. 4. Facility 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 roof -mounted wireless communications facility, as designed and conditioned, 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. 6. Zoning Code The use is consistent with the provisions of the City of La Quinta Zoning Code and the underlying Community Commercial zone. All development standards of the underlying zone are being met. Planning Commission Resolution 2022 - 021 Conditional Use Permit 2022-0001 Applicant: Smartlink Adopted: September 13, 2022 Page 3 of 4 7. Compliance with CEQA. The project is exempt from CEQA pursuant to Section 15303 of the CEQA Guidelines for new construction or conversion of small structures, as it includes construction of small structures on existing rooftop. 8. Surrounding Uses Approval of this project will not create conditions materially detrimental to the public health, safety and general welfare with other properties or land uses in the vicinity. 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 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 15303 of the CEQA Guidelines for new construction or conversion of small structures, as it includes construction of small structures on existing rooftop. SECTION 3. That it does hereby approve Conditional Use Permit 2022-0001, 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 September 13, 2022, by the following vote: AYES: Commissioners Caldwell, Hassett, McCune, Nieto, Proctor, Tyerman, and Chairperson Currie NOES: None ABSENT: None ABSTAIN: None Planning Commission Resolution 2022 - 021 Conditional Use Permit 2022-0001 Applicant: Smartlink Adopted: September 13, 2022 Page 4 of 4 A CURRIE, Chairperson C. of La Quinta, California ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2022-021 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0001 APPLICANT: SMARTLINK FOR AT&T ADOPTED: SEPTEMBER 13, 2022 PAGE 1 OF 7 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 expire on September 13, 2024 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. 3. 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. 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 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) • State Water Resources Control Board • SunLine Transit Agency • South Coast Air Quality Management District Coachella Valley • Federal Communication Commission • Federal Aviation Administration PLANNING COMMISSION RESOLUTION 2022-021 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0001 APPLICANT: SMARTLINK FOR AT&T ADOPTED: SEPTEMBER 13, 2022 Page 2 of 7 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. 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. 6. 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 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 agreements for the development. 8. 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 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. PLANNING COMMISSION RESOLUTION 2022-021 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0001 APPLICANT: SMARTLINK FOR AT&T ADOPTED: SEPTEMBER 13, 2022 Page 3 of 7 9. 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). 10. 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 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 accessibility requirements. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Division. PRECISE GRADING 11. If a grading permit is required, the applicant shall comply with the provisions of LQMC Section 8.80 (Grading). 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. 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. PLANNING COMMISSION RESOLUTION 2022-021 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0001 APPLICANT: SMARTLINK FOR AT&T ADOPTED: SEPTEMBER 13, 2022 Page 4 of 7 UTILITIES 13. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 14. 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. 15. 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. MAINTENANCE 16. 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. Any disturbed areas including landscaping shall be replaced in -kind. FEES AND DEPOSITS 17. 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. 18. 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 19. 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. PLANNING COMMISSION RESOLUTION 2022-021 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0001 APPLICANT: SMARTLINK FOR AT&T ADOPTED: SEPTEMBER 13, 2022 Page 5 of 7 20. 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. 21. The panel antennas shall be mounted securely. All antennas and antenna arrays shall be painted to blend into structure and be screened to the maximum extent possible. The final design of the screening material shall be approved by the Design and Department Director. 22. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. 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. 24. 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. 25. AT&T, or successor, shall provide the Planning Division with the name and contact information of the maintenance representation who shall be available 24 hours a day, seven days a week to receive calls regarding facility maintenance. Response shall be within 48 hours of receipt of such notice of complaints. 26. 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. 27. 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. PLANNING COMMISSION RESOLUTION 2022-021 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0001 APPLICANT: SMARTLINK FOR AT&T ADOPTED: SEPTEMBER 13, 2022 Page 6 of 7 28. 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. 29. No cables, conduit or other equipment associated with the facility shall be visible. 30. The entire facility shall be maintained in a condition consistent with the conditions of this approval with no visible deterioration of the antennas or building it is within. If the facility is not so maintained, this approval is subject to revocation or other correcting actions as determined appropriate by the City. FIRE 31. The fire access road shall extent to within 150-feet of all portions of the facility. The road shall be maintained to be all-weather hard -surfaced and able to support the weight of the fire apparatus. Minimum (90% compacted) 4-inch deep gravel over compacted native base shall be considered as adequate. Existing approved access points shall be identified. 32. Install a minimum size 2A1OBC portable fire extinguisher located in the extinguisher cabinet. 33. NFPA 704 placarding is required to be displayed on the exterior of the facility of the specific hazard element. Ensure the correct NFPA hazard values are provided in the required sections (for facilities with fuel -fired generators). 34. Install an approved Knox Box on the exterior of the gate with a supply of tagged access keys to be stored within the Knox Box. 35. Provide site addressing by means of 6" numbers and letters completing the entire numeric and street name address. Characters shall be contrasting and reflectorized. 36. Office of the Fire Marshal shall review the new installation construction documents for compliance with these conditions along with applicable codes and standards. 37. Fuel storage for fuel -powered generators require separate and deferred submittal to the Office of the Fire Marshall. 38. Electrical energy storage systems in quantities exceeding levels identified in CFC Table 1206.2 require separate/deferred submittal to the Office of the Fire Marshal. PLANNING COMMISSION RESOLUTION 2022-021 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0001 APPLICANT: SMARTLINK FOR AT&T ADOPTED: SEPTEMBER 13, 2022 Page 7 of 7 BUILDING 39. The proposed structure including miscellaneous site support facility construction will require permitting based on the applicable code at time of submittal for construction. 40. The applicant shall obtain facility addressing from the building division prior to submittal of plans for construction permitting and electrical service from Imperial Irrigation District. 41. Building construction plans shall show the upper trim to the sides (the return) of the new screen box enclosures at all elevations of the building.