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PC Resolution 2024-011 Tradition - AT&T Cell Tower CUP 2023-0001PLANNING COMMISSION RESOLUTION 2024 - 011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION OF A MONOEUCALYPTUS WIRELESS TELECOMMUNICATION FACILITY LOCATED AT AVENIDA BERMUDAS BETWEEN CALLE ENSENADA AND CALLE NOGALES AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15303, NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES CASE NUMBER: CONDITIONAL USE PERMIT 2023-0001 APPLICANT: SMARTLINK/AT&T WHEREAS, the Planning Commission of the City of La Quinta, California, did, on August 13, 2024, hold a duly noticed Public Hearing to consider a request by Smartlink, on behalf of AT&T, for approval of a wireless telecommunication monoeucalyptus tower and mechanical equipment, generally located at Avenida Bermudas between Calle Ensenada and Calle Nogales, more particularly described as: APN: 770-290-020 52661 Avenida Bermudas WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on August 2, 2024, 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 the 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 monoeucalyptus is located on a parcel designated Low -Density Residential. The facility complies with General Plan policies for compatibility PLANNING COMMISSION RESOLUTION 2023-011 CONDITIONAL USE PERMIT 2023-0001 APPLICANT: SMARTLINK/ATT ADOPTED: AUGUST 13, 2024 PAGE 2 OF 3 with surrounding residential development as the facility is disguised as a monoeucalyptus within the adjacent parkway landscaping. 2. Public Welfare The proposed wireless facility will not create conditions materially detrimental to -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 antennas will be painted green and covered with Eucalyptus leaf socks. The location within an existing landscaped parkway, along with the installation of two new eucalyptus trees and three Indian laurel fig trees, will also help reduce visual impacts. The equipment enclosure has been incorporated into the existing Tradition Golf Club perimeter wall and will match the existing blocks of the wall with the new construction. 4. Tower Design The tower is designed at the minimum height required to provide service and will be screened by synthetic eucalyptus branches with leaf bunches. The additional eucalyptus trees will help camouflage the monoeucalyptus. 5. Justification The proposed wireless telecommunication facility is necessary, as shown in the applicant's radio-frequency maps and justification, 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 PLANNING COMMISSION RESOLUTION 2023-011 CONDITIONAL USE PERMIT 2023-0001 APPLICANT: SMARTLINKIATT ADOPTED: AUGUST 13, 2024 PAGE 3 OF 3 construction or conversion of small structures since the monoeucalyptus and associated ground -mounted equipment contain a small footprint. SECTION 3. That it does hereby approve Conditional Use Permit 2023-0001, 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 August 13, 2024, by the following vote: AYES: Commissioners Guerrero, Hernandez, McCune, Nieto, Tyerman, and Chairperson Hassett NOES: None ABSENT: Commissioner Hundt ABSTAIN: None ATTEST: DANNY CASTRO, Design and Development Director City of La Quinta, California DOUG HA SETT, Chairperson City of La Quinta, California PLANNING COMMISSION RESOLUTION 2024-011 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2023-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: AUGUST 13, 2024 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 website at www.laquintaca.gov. 3. This Conditional Use Permit shall expire on August 13, 2026, 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) • State Water Resources Control Board • SunLine Transit Agency PLANNING COMMISSION RESOLUTION 2024-011 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2023-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: AUGUST 13, 2024 PAGE 2 OF 6 • South Coast Air Quality Management District Coachella Valley • Federal Communication Commission • Federal Aviation Administration The applicant is responsible for all requirements for 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 improvement 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. 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. PLANNING COMMISSION RESOLUTION 2024-011 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2023-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: AUGUST 13, 2024 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 accessibility requirements. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Division. PRECISE GRADING 10. If a grading permit is required, 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. The applicant shall obtain an encroachment permit and the approval of the City Engineer for the location of all utility lines and structures within the City's right-of-way. 14. Underground utilities shall be installed prior to overlaying the hardscape. For the 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 2024-011 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2023-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: AUGUST 13, 2024 PAGE 4 OF 6 BUILDING 15. A permit is required for the erection of the tower structure and other site facilities, engineered calculations shall be provided for each item, including designs for equipment and generator anchorage, and the block wall enclosure. Plans shall be prepared to the applicable code at the time of submittal for building permit. Currently the 2022 California Building Codes. 16. Based on the proposed construction a new site address is required to be assigned, please specify whether access will be from the Tradition Golf Club side or Avenida Bermudas, an address will be assigned accordingly. MAINTENANCE 17. 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. 18. The applicant shall stage maintenance vehicles and take access from Del Gato Drive. The construction plans shall be revised to show the revised location of the access gate of the equipment enclosure to be approached from Del Gato Drive to the satisfaction of the Planning Manager and the City Engineer. FEES AND DEPOSITS 19. 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 an application for plan checks and permits. PLANNING 20. 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 to 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. 21. All wireless telecommunication facilities shall be installed and maintained in compliance with the requirements of the Uniform Building Code, National Electrical PLANNING COMMISSION RESOLUTION 2024-011 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2023-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: AUGUST 13, 2024 PAGE 5 OF 6 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. 22. The panel antennas shall be mounted securely to the monoeucalyptus tower. 23. The proposed monoeucalyptus shall be approved at the height of 60 feet. 24. Antennas, equipment, and all ancillary components shall be stealth to the maximum extent feasible. Antenna panels and all mounted equipment shall be painted the same color as the synthetic foliage to camouflage their appearance. Synthetic Eucalyptus branches and bunches of leaves are required to screen all antennae. The branches shall extend beyond the antenna panels, and the finished product shall have a natural appearance. This includes branch density, distance of branches beyond the antennas, and other screening standards. 25. Two Eucalyptus trees and three Indian Laurel Fig trees, each 24 feet in height, shall be planted near the monoeucalyptus tower to help reduce visual impacts. 26. 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. 27. 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. A response shall be within 48 hours of receipt of notice of any such complaints. 28. AT&T, or successor, shall provide the Planning Division with the name and contact information of the maintenance representative, who shall be available 24 hours a day, seven days a week, to receive calls regarding facility maintenance. A response shall be within 48 hours on weekdays and within 72 hours on weekends/holidays of receipt of such notice of complaints. 29. The placement of the monoeucalyptus shall not interfere with the existing infrastructure and improvements at this location. The pole shall not be placed on a public path of travel. PLANNING COMMISSION RESOLUTION 2024-011 CONDITIONS OF APPROVAL - ADOPTED CONDITIONAL USE PERMIT 2023-0001 APPLICANT: SMARTLINK/AT&T ADOPTED: AUGUST 13, 2024 PAGE 6 OF 6 30. 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. 31. 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. 32. No cables, conduit, or other equipment on the monoeucalyptus tower pole shall be visible. All electrical work for the proposed antennas shall be contained within the monoeucalyptus tower cavity. FIRE 33. Prior to installing the aboveground fuel tank, the Office of the Fire Marshal shall review and approve the plan for installation permit. The tank construction standard shall be approved. Normal vents for tanks shall terminate at 12 feet above grade. The tank shall bear a label identifying the material therein with an NFPA 704 placard. CFC 5704.2.3.2, 5704.2.7.3 34. A NO SMOKING sign shall be posted at the location of the tank. CFC 5704.2.3.1 35. A fire extinguisher with a minimum 40BC rating shall be provided within 50 feet of the tank. CFC 906 36. Gates or other barriers across access roadways and at entrances to sites shall provide rapid, reliable access by means of a Knox Box or Knox Padlock in an accessible location to provide immediate access for life safety and/or firefighting purposes. The Knox product and its location shall be approved. CFC 506