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PC Resolution 2022-024 PGA West AT&T Smartlink MonopalmPLANNING COMMISSION RESOLUTION 2022 - 024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A WIRELESS TELECOMMUNICATION FACILITY WITHIN PGA WEST AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBER: CONDITIONAL USE PERMIT 2022-0002 APPLICANT: SMARTLINK GROUP/AT&T MOBILITY WHEREAS, the Planning Commission of the City of La Quinta, California did, on November 8, 2022, hold a duly noticed Public Hearing to consider a request by Smartlink Group, on behalf of AT&T Mobility, for approval of a wireless telecommunication monopalm tower and mechanical equipment, generally located at the private clubhouse of PGA West, more particularly described as: APN: 775-220-027 55955 PGA Boulevard WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on October 28, 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 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, insofar as the applicant has demonstrated the need for the facility, which supports the General Plan's policies that utilities and communication facilities be available, adequate, and convenient for all residents. The location of the monopalm is compatible with the land uses in the area and the designation of Low Density Residential. PLANNING COMMISSION RESOLUTION 2022-024 CONDITIONAL USE PERMIT 2022-0002 APPLICANT: SMARTLINK GROUP/AT&T MOBILITY ADOPTED: NOVEMBER 8, 2022 Page 2 of 3 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 service in an area of the City that needs additional coverage, and the equipment and facilities will be screened or within enclosed structures and provide separation from other uses. The wireless facility is required to comply with the American National Standard Institute (ANSI) standards for professionally acceptable radio frequency emissions to ensure the antennae will not interfere with the surrounding land uses. 3. Visual Impacts The project implements the City's required "stealth" standards and proposes antennae that will be screened from view. The location of the monopalm in a row of existing real palm trees will also reduce visual impacts. 4. Tower Design The tower is designed at the minimum height required to provide service and will be screened by palm trees fronds and skirt. The screening is consistent with the row of palm trees in which it will be located. 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 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 since the monopalm and associated ground -mounted equipment contains a small footprint. PLANNING COMMISSION RESOLUTION 2022-024 CONDITIONAL USE PERMIT 2022-0002 APPLICANT: SMARTLINK GROUP/AT&T MOBILITY ADOPTED: NOVEMBER 8, 2022 Page 3 of 3 SECTION 3. That it does hereby approve Conditional Use Permit 2022-0002, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A]. PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on November 8, 2022, by the following vote: AYES: Commissioners Caldwell, Hassett, McCune, Nieto, Tyerman, and Chairperson Currie NOES: None ABSENT: None ABSTAIN: None Vacancy: One ATTEST: ORETTA CURRIE, Chairperson City of La Quinta, California DANNY CASTRO, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2022-024 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0002 APPLICANT: SMARTLINK GROUP/AT&T MOBILITY ADOPTED: NOVEMBER 8, 2022 PAGE 1 OF 6 GENERAL EXHIBIT A 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 Section 9.170 and Section 9.210.020 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. This Conditional Use Permit shall expire on November 8, 2024 and shall become null and void in accordance with Municipal Code Section 9.200.080, unless the use has been established. 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 Public Works 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) PLANNING COMMISSION RESOLUTION 2022-024 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0002 APPLICANT: SMARTLINK GROUP/AT&T MOBILITY ADOPTED: NOVEMBER 8, 2022 PAGE 2 OF 6 • 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. 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. 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. 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. PLANNING COMMISSION RESOLUTION 2022-024 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0002 APPLICANT: SMARTLINK GROUP/AT&T MOBILITY ADOPTED: NOVEMBER 8, 2022 PAGE 3 OF 6 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 Division. PRECISE GRADING 10. The applicant shall comply with the provisions of LQMC Section 8.80 (Grading). 11. 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. UTILITIES 12. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 13. 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. PLANNING COMMISSION RESOLUTION 2022-024 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0002 APPLICANT: SMARTLINK GROUP/AT&T MOBILITY ADOPTED: NOVEMBER 8, 2022 PAGE 4 OF 6 MAINTENANCE 14. 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 15. 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 16. 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. 17. 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. 18. The panel antennas shall be mounted securely to the monopalm tower. 19. The proposed monopalm shall be approved at a height of 65 feet. PLANNING COMMISSION RESOLUTION 2022-024 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0002 APPLICANT: SMARTLINK GROUP/AT&T MOBILITY ADOPTED: NOVEMBER 8, 2022 PAGE 5 OF 6 20. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. Both fronds and a skirt are required to screen all antennae. 21. 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. 22. 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. 23. 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 on weekdays and within 72 hours on weekends/holidays of receipt of such notice of complaints. 24. The placement of the monopalm shall not interfere with the existing infrastructure and improvements at this location. The pole shall not be placed on a public paths -of -travel. 25. 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. 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. No cables, conduit, or other equipment on the monopalm tower pole shall be visible. All electrical work for the proposed antennas shall be contained within the monopalm tower cavity. FIRE 28. Install a minimum size 2A1OBC portable fire extinguisher located in extinguisher cabinet. PLANNING COMMISSION RESOLUTION 2022-024 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2022-0002 APPLICANT: SMARTLINK GROUP/AT&T MOBILITY ADOPTED: NOVEMBER 8, 2022 PAGE 6 OF 6 29. Install an approved Knox Box on the exterior of the gate or structure with a supply of tagged access keys to be stored within the Knox Box. 30. 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) 31. Provide site addressing by means of 6" numbers and letters completing the entire numeric and street name address. Characters shall be contrasting and reflectorized. 32. DEFERRED SUBMITTALS a. FUEL STORAGE - for fuel -powered generators require separate/deferred submittal to the Office of the Fire Marshal. b. ELECTRICAL ENERGY STORAGE SYSTEMS - in quantities exceeding levels identified in CFC Table 1206.1 require separate/deferred submittal to the Office of the Fire Marshal. 33. The Fire Department approved plans and conditions letter must be at the job site. 34. Plans shall be prepared to the applicable code at the time of submittal for building permit. Currently the 2019 California Building Codes, as of January 1, 2023, these will be the 2022 California Building Codes. 35. Provide 10' Fire Separation Distance to adjacent property lines per CBC 602 or note on plans that equipment shelter will be of one (1) hour fire -resistive construction.