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PC Resolution 2025-002 AT&T Telecom Facility Temp CUP 2024-0005 2nd Time ExtensionPLANNING COMMISSION RESOLUTION 2025 - 002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND EXTENSION OF TIME OF A CONDITIONAL USE PERMIT FOR A TEMPORARY WIRELESS TELECOMMUNICATION FACILITY WITHIN THE LA QUINTA RESORT AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CASE NUMBERS: CONDITIONAL USE PERMIT 2024-0005 (SECOND TIME EXTENSION OF CONDITIONAL USE PERMIT 2022-0011) APPLICANT: EUKON GROUP WHEREAS, the Planning Commission of the City of La Quinta, California did, on March 11, 2025, hold a duly noticed Public Hearing to consider a request by Eukon Group, representative of AT&T, for approval of the second time extension of a Conditional Use Permit for 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 February 28, 2025 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 Planning Commission of the City of La Quinta, California, did on December 13, 2022, hold a duly noticed Public Hearing and approved a request by Coastal Business Group, on behalf of AT&T, for approval of Conditional Use Permit 2022- 0011; and, WHEREAS, the Planning Commission of the City of La Quinta, California, did on January 9, 2024, hold a duly noticed Public Hearing and approved a request for a one- year time extension by Coastal Business Group, on behalf of AT&T, as part of the approval of Conditional Use Permit 2023-1000; 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 a time extension of said Conditional Use Permit: PLANNING COMMISSION RESOLUTION 2025-002 CONDITIONAL USE PERMIT 2024-0005 (2"d Time Extension of CUP2022-0011) APPLICANT: EUKON GROUP ADOPTED: MARCH 11, 2025 PAGE 2 of 3 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 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. PLANNING COMMISSION RESOLUTION 2025-002 CONDITIONAL USE PERMIT 2024-0005 (2"d Time Extension of CUP2022-0011) APPLICANT: EUKON GROUP ADOPTED: MARCH 11, 2025 PAGE 3 of 3 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. SECTION 3. That it does hereby approve Conditional Use Permit 2024-0005 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 March 11, 2025, by the following vote: AYES: Commissioners Guerrero, Hundt, McCune, Tyerman and Chairperson Hassett NOES: None ABSENT: Commissioners Hernandez and Nieto ABSTAIN: None HASSE Chairpe on City of La Quinta, California ATTEST: -- DANNY CASTRO, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2025-002 EXHIBIT A CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2024-0005 (2ND TIME EXTENSION OF CUP2022-0011) APPLICANT: EUKON GROUP ADOPTED: MARCH 11, 2025 PAGE 1 OF 6 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 website at www.laquintaca.gov. 3. This Conditional Use Permit shall expire on December 13, 2025, 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 the 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, 2025, 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 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) PLANNING COMMISSION RESOLUTION 2025-002 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2024-0005 (2ND TIME EXTENSION OF CUP2022-0011) APPLICANT: EUKON GROUP ADOPTED: MARCH 11, 2025 PAGE 2OF6 • 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 improvement 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. 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. PLANNING COMMISSION RESOLUTION 2025-002 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2024-0005 (2ND TIME EXTENSION OF CUP2022-0011) APPLICANT: EUKON GROUP ADOPTED: MARCH 11, 2025 PAGE 3OF6 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. 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, watervalves, 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. PLANNING COMMISSION RESOLUTION 2025-002 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2024-0005 (2ND TIME EXTENSION OF CUP2022-0011) APPLICANT: EUKON GROUP ADOPTED: MARCH 11, 2025 PAGE 4OF6 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 an application for plan checks 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 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. 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. PLANNING COMMISSION RESOLUTION 2025-002 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2024-0005 (2ND TIME EXTENSION OF CUP2022-0011) APPLICANT: EUKON GROUP ADOPTED: MARCH 11, 2025 PAGE 50F6 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 representative, 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. 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 2A10BC 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. PLANNING COMMISSION RESOLUTION 2025-002 CONDITIONS OF APPROVAL - APPROVED CONDITIONAL USE PERMIT 2024-0005 (2ND TIME EXTENSION OF CUP2022-0011) APPLICANT: EUKON GROUP ADOPTED: MARCH 11, 2025 PAGE 6OF6 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 requires separate and deferred submittal to the Office of the Fire Marshall. 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 the time of submittal for construction. 39. The applicant shall obtain facility addressing from the building division prior to the 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. 41. The applicant shall obtain a final inspection of the Temporary Tower (BOTH2O23-0001) prior to the issuance of the permit for the new permanent tower. The applicant is responsible for all outstanding fees, including those relating to plan revisions and re - inspections.