PC Resolution 2022-029 AT&T Temporary Telecommunication Facility CUP 2022-0011PLANNING COMMISSION RESOLUTION 2022 - 029
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF LA QUINTA, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT FOR
THE CONSTRUCTION OF A TEMPORARY
WIRELESS TELECOMMUNICATION FACILITY
WITHIN THE LA QUINTA RESORT AND FINDING
THE PROJECT EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
CASE NUMBER: CONDITIONAL USE PERMIT 2022-0011
APPLICANT: COASTAL BUSINESS GROUP
WHEREAS, the Planning Commission of the City of La Quinta, California
did, on December 13, 2022, hold a duly noticed Public Hearing to consider a
request by Coastal Business Group, courtesy of AT&T, for approval of a
temporary wireless telecommunication monopole tower and mechanical
equipment, generally located at the La Quinta Resort more particularly
described as:
APN: 658-190-011
49-499 Eisenhower Drive
WHEREAS, the Design and Development Department published a public
hearing notice in The Desert Sun newspaper on December 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 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 help to
ensure that the public has access to such services. The placement
PLANNING COMMISSION RESOLUTION 2022-029
CONDITIONAL USE PERMIT 2022-0011
APPLICANT: COASTAL BUSINESS GROUP
ADOPTED: DECEMBER 13, 2022
PAGE 2 of 3
of the telecommunication facility 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 facility utilizes a small footprint and is proposed as a monopole.
The project, as conditioned, is allowed on a temporary basis and will
be removed of its impacts within a timely manner.
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 75-
foot monopole wireless communications facility, as conditioned, is
allowed on a temporary basis and will be removed and replaced with
a tower design 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 community
access to wireless service from the project site.
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.
PLANNING COMMISSION RESOLUTION 2022-029
CONDITIONAL USE PERMIT 2022-0011
APPLICANT: COASTAL BUSINESS GROUP
ADOPTED: DECEMBER 13, 2022
PAGE 3 of 3
SECTION 3. That it does hereby approve Conditional Use Permit 2022-0011,
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 December 13, 2022, by the
following vote:
AYES: Commissioners Caldwell, Hassett, McCune, Nieto, Tyerman,
and Chairperson Currie
NOES: None
ABSENT: None
ABSTAIN: None
Vacancy: One
LR4TA CURRIE, Chairperson
/City of La Quinta, California
ATTEST:
DANNY CASTRO, Design and Development Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2022-029
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2022-0011
APPLICANT: COASTAL BUSINESS GROUP
ADOPTED: DECEMBER 13, 2022
PAGE 1 OF 7
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 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. This Conditional Use Permit shall expire on December 13, 2023, and shall
become null and void in accordance with Municipal Code Section 9.200.080,
unless the use has been established.
4. The temporary monopole shall be operational for no longer than one (1) year
from the date of this approval, (December 13, 2023), or when permanent
location is constructed and passes a final inspection by the City's Building
Department, whichever comes first. Temporary monopole shall be removed no
later than four weeks after December 13, 2023, or four weeks after passing
final inspection by City's Building Department, whichever comes sooner.
5. 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.
6. 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
PLANNING COMMISSION RESOLUTION 2022-029
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2022-0011
APPLICANT: COASTAL BUSINESS GROUP
ADOPTED: DECEMBER 13, 2022
PAGE 2 OF 7
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
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.
7. 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.
8. 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.
PLANNING COMMISSION RESOLUTION 2022-029
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2022-0011
APPLICANT: COASTAL BUSINESS GROUP
ADOPTED: DECEMBER 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 ADA
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 2022-029
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2022-0011
APPLICANT: COASTAL BUSINESS GROUP
ADOPTED: DECEMBER 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 an encroachment permit and 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.
PLANNING
18. 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
PLANNING COMMISSION RESOLUTION 2022-029
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2022-0011
APPLICANT: COASTAL BUSINESS GROUP
ADOPTED: DECEMBER 13, 2022
PAGE 5 OF 7
the immediate cessation of operation of the wireless telecommunication
facility.
19. 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.
20. The panel antennas shall be mounted securely to the monopole tower.
21. The fence and access gate on the equipment enclosure and surrounding the
monopole shall be of wrought -iron material with metal mesh screening. No
chain link fencing shall be used.
22. The proposed monopole shall be approved at a height of 75 feet.
23. Antennas, equipment, and all ancillary components shall be stealth to the
maximum extent feasible. The Applicant shall work on additional screening
measures to attempt to screen.
24. 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.
25. 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.
26. 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.
PLANNING COMMISSION RESOLUTION 2022-029
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2022-0011
APPLICANT: COASTAL BUSINESS GROUP
ADOPTED: DECEMBER 13, 2022
PAGE 6 OF 7
27. 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.
28. 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.
29. 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.
30. No cables, conduit or other equipment on the monopole tower pole shall be
visible. All electrical work for the proposed antennas shall be contained within
the monopole tower cavity.
FIRE
31. Install a minimum size 2A1OBC portable fire extinguisher located in the
extinguisher cabinet.
32. 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).
33. 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.
34. Provide site addressing by means of 6" numbers and letters completing the
entire numeric and street name address. Characters shall be contrasting and
reflectorized.
35. Office of the Fire Marshal shall review the new installation construction
documents for compliance with these conditions along with applicable codes
and standards.
36. Fuel storage for fuel -powered generators require separate and deferred
submittal to the Office of the Fire Marshall.
PLANNING COMMISSION RESOLUTION 2022-029
CONDITIONS OF APPROVAL - ADOPTED
CONDITIONAL USE PERMIT 2022-0011
APPLICANT: COASTAL BUSINESS GROUP
ADOPTED: DECEMBER 13, 2022
PAGE 7 OF 7
37. 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.
BUILDING
38. The proposed structure including miscellaneous site support facility construction
shall require permitting based on the applicable code at time of submittal for
construction.
39. 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.
40. Proposed construction shall comply with current building standards at the time
of permit submittal.