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2010 03 23 PC� T City of La Quinta Planning Commission Agendas are now available on the City's Web Page @ www.la-guinta.org S cF'y OF Tt�'9� PLANNING COMMISSION AGENDA A Regular Meeting to be Held at the La Quinta City Hall Council Chamber 78-495 Calle Tampico La Quinta. California MARCH 23, 2010 7:00 P.M. **NOTE** ALL ITEMS NOT CONSIDERED BY 11:00 P.M. WILL BE CONTINUED TO THE NEXT REGULAR MEETING Beginning Resolution 2010-009 Beginning Minute Motion 2010-003 CALL TO ORDER A. Pledge of Allegiance B. Roll Call II. PUBLIC COMMENT This is the time set aside for public comment on any matter not scheduled for public hearing. Please complete a "Request to Speak" form and limit your comments to three minutes. III. CONFIRMATION OF AGENDA IV. CONSENT CALENDAR Approval of the Minutes of the Regular Meeting of March 9, 2010. V. PUBLIC HEARINGS: For all Public Hearings on the Agenda, a completed "Request to Speak" form must be filed with the Executive Secretary prior to the start of the Planning Commission consideration of that item. The Chairman will invite individuals who have requested the opportunity to speak, to come forward at the appropriate time. Any person may submit written comments to the Planning Commission before a public hearing, may appear and be heard in support of, or in opposition to, the approval of the project(s) at the time of the hearing. If you challenge any project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at, or prior to the public hearing. A. Item .................. CONTINUED - CONDITIONAL USE PERMIT 2009-124 Applicant........... T-Mobile West Corporation Location............ 78-998 Miles Avenue - Family Heritage Church Request ............. Consideration to Allow the Placement of a Fifty Seven (57) Foot Tall Monopalm Tower and Equipment Enclosure Within the Family Heritage Church Parking Lot. Action ................. Staff Recommendation for Continuation to April 13, 2010 meeting. B. Item .................. CONDITIONAL USE PERMIT 2009-126 Applicant........... Yamaha Golf Cars of Palm Springs Location............ 79-785 Highway 111 (Komar Desert Center) Request ............. Consideration to Allow the Outdoor Display of Golf Cars for Yamaha Golf Cars of Palm Springs in the Komar Desert Center Parking Lot. Action ............... Staff Recommendation for Approval, with Conditions - Resolution 2010- VI. BUSINESS ITEM: VII. CORRESPONDENCE AND WRITTEN MATERIAL: Vill. COMMISSIONER ITEMS: A. Report on City Council meeting of March 16, 2010, by Commissioner Barrows. B. Commissioner Quill is scheduled to attend the April 6, 2010, City Council meeting. IX. DIRECTOR ITEMS: X. ADJOURNMENT: This meeting of the Planning Commission will be adjourned to a Regularly Scheduled Meeting to be held on April 13, 2010, at 7:00 p.m. DECLARATION OF POSTING I, Carolyn Walker, Executive Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting of Tuesday, March 23, 2010 was posted on the outside entry to the Council Chamber, 78-495 Calle Tampico and the bulletin board at the La Quinta Cove Post Office, 51-321 Avenida Bermudas, on Friday, March 19, 2010. DATED: March 19, 2010 CAROLY WALKER, Executive Secretary City of La Quinta, California Public Notices The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk's office at 777-7123, twenty- four (24) hours in advance of the meeting and accommodations will be made. If special electronic equipment is needed to make presentations to the Planning Commission, arrangements should be made in advance by contacting the City Clerk's office at 777-7123. A one (1) week notice is required. If background material is to be presented to the Planning Commission during a Planning Commission meeting, please be advised that eight (8) copies of all documents, exhibits, etc., must be supplied to the Executive Secretary for distribution. It is requested that this take place prior to the beginning of the 7:00 p.m. meeting. MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA March 9, 2010 CALL TO ORDER A. A regular meeting of the La Quinta Planning Commission was called to order at 7:02 p.m. by Chairman Alderson. PRESENT: Commissioners Barrows, Quill, Weber, Wilkinson, and Chairman Alderson ABSENT: None STAFF PRESENT: Planning Director Les Johnson, Planning Manager David Sawyer, Assistant Planner Eric Ceja, and Secretary Monika Radeva. II. PUBLIC COMMENT: None III. CONFIRMATION OF THE AGENDA: IV. CONSENT CALENDAR: Commissioner Weber requested Page 9, paragraph 1 be corrected to read: Commissioner Weber expressed his thoughts on radio frequency and FCC certification and stated additional trees, greater than the 25 feet proposed, were needed to help the cell tower blend in. It was then moved and seconded by Commissioners Weber/Barrows to approve the minutes of February 23, 2010, with that correction. Unanimously approved. V. PUBLIC HEARINGS: A. Continued — Conditional Use Permit 2009-122; a request by WFI, Inc. for Sprint for consideration to allow for the co -location of three panel antennas, three microwave antennas and one equipment cabinet for an existing telecommunication monopalm tower located at 77-865 Avenida Montezuma; Desert Recreation District — La Quinta Community Park. Planning Commission Minutes March 9, 2010 Mr. Bill Sanchez, Property Manager for Washington Park Shopping Center, 80-618 Declaration Avenue, Indio, CA 92201, introduced himself and said he was not the applicant, but wanted to address the Commission on behalf of the property owner. Mr. Sanchez said the owner of the shopping center was in general supportive of Luxe Electric Cars' request as it would assist the tenant with visibility. Another possible display location could be the utilization of one of the parking stalls in front the store up against the walkway. However, the owner was not in support of having golf cars displayed on the ADA ramp or the walkway in front of the store. Mr. Sanchez explained the previously identified half parking stall was usually utilized for motorcycle or golf cart parking, and it could be striped differently if requested. He said if the applicant was conditioned to use that space for their outdoor display, it would be difficult to identify since it would blend in with the general parking. Commissioner Weber asked if the vehicles sold by Luxe Electric Cars would be legal to drive on public streets. Mr. Sanchez replied he could not answer the question as he was not a representative of the applicant. Commissioner Weber asked if the area of discussion was included in the City's golf cart program. Staff replied it was not. Staff said the four golf car vendors operating in La Quinta were not required to comply with the State, requirements and explained why. In addition, if purchasers wanted to drive them on the City's golf cart routes, they would have to license the vehicles and make sure they met all of the City's requirements. Commissioner Weber asked about the use of electric cars on the City's golf cart routes. Staff replied that different provisions applied to electric cars. The City was not involved in licensing such vehicles as it was handled by the State Department of Motor Vehicles. However, the licensing of golf carts was administratively handled by the City. Commissioner Quill wanted to clarify that the shopping center and its parking lot were private property allowing patrons to drive their golf carts within the center and only be cited if they were driven on public streets. Staff said that was correct. J Planning Commission Minutes March 9, 2010 Commissioner Weber said he also agreed with the Commissioners' comments. He said the Commission would like to encourage alternative and more efficient methods of transportation. He thanked Mr. Sanchez for attending the meeting on behalf of the owner and expressed his disappointment that there was no representative of the applicant. Chairman Alderson said he visited the store and complimented their product. He pointed out that currently the vendor was displaying a golf car directly in front of the store by parking it in a handicap stall. Chairman Alderson said he wasn't sure if it would be more advantageous for the applicant to have two parking spaces for outdoor display in front of the store or along Washington Street. He said the half parking stall was more adequate for motorcycle parking. He agreed with the Commissioners' comments that the sidewalk and the ADA ramp should not be obstructed with outdoor display and that the there was ample parking available. Chairman Alderson suggested the applicant could be allowed to display golf cars in two parking spaces directly in front of the store, next to the curb, if those stalls were re -striped from handicap to regular parking stalls. Planning Director Johnson said the approval of a Conditional Use Permit was in perpetuity. He, noted the center currently was not fully occupied and there was still undeveloped land to the south. He suggested the Commission could consider identifying a time limit of two or three years to be incorporated in the conditions of approval which would allow them to re -visit the case should there be a situation in the future to warrant it. Commissioner Barrows asked what other mechanism would trigger the review of a Conditional Use Permit if there was no time limit identified. Planning Director Johnson replied a violation of the conditions of approval would warrant a review by the Commission. However, if there were no violation, the approval would be in perpetuity and it was not exclusive to Luxe Electric Cars. Chairman Alderson referenced the public hearing notice for Conditional Use Permit 2009-126 submitted by Yamaha Golf Cars located in the Komar Desert Center which was scheduled for review and consideration on March 23, 2010. He asked if the Commission would be setting a precedent by approving the case at hand and would have to allow the outdoor display of golf cars along Highway 111 as well. Planning Director Johnson explained the situation at Komar Desert C Planning Commission Minutes March 9, 2010 Planning Manager David Sawyer presented the staff report, a copy of which is on file in the Planning Department. Chairman Alderson asked if this case would require City Council's approval. Staff confirmed. Commissioner Quill said he was in support of the street name change. Commissioner Barrows asked if Westward Ho Drive extended further east than Jefferson Street. Staff replied Westward Ho Drive continued beyond Jefferson Street and it ended at the Whitewater Channel, just beyond the south entrance to the Indian Springs subdivision in the City of Indio. Commissioner Barrows asked if it would be better to re -name the entire street instead of just a portion of it. Staff explained why that would be a more difficult procedure. Commissioner Barrows asked how the 67% of property owner support stated in the staff report was calculated. Planning Manager Sawyer explained the calculations were based on street frontage minus city owned property. Commissioner Barrows thanked staff and said she was in support of the street name change as well. Commissioner Weber asked for clarification on which properties were included in the calculations for property owner support and staff gave an explanation. He said he thought the street name change was a good idea. Chairman Alderson asked which properties' addresses would be affected by the change and if the City would have to incur any costs. Planning Director Johnson replied the only properties that would be affected, and possibly incur costs would be La Quinta High School and the single family home located across the street from the school, but they both had provided written statements that they were in support of it. Planning Manager Sawyer explained the only cost would be associated with changing out the street signs and that it would be the applicant's responsibility. He noted the applicant had already been notified and had agreed to the condition. There being no further questions of the staff, Chairman Alderson asked if the applicant would like to address the Commission. 7 Planning Commission Minutes March 9, 2010 X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Quill/Wilkinson to adjourn this regular meeting of the Planning Commission to the Regular Meeting to be held on March 23, 2010. This regular meeting was adjourned at 7:57 p.m. on March 9, 2010. Respectfully submitted, Monika Radeva, Secretary City of La Quinta, California M PH # A PLANNING COMMISSION STAFF REPORT DATE: MARCH 23, 2010 CASE NO.: CONDITIONAL USE PERMIT 2009-124 APPLICANT: T-MOBILE WEST CORPORATION REQUEST: CONSIDERATION TO ALLOW THE PLACEMENT OF A FIFTY- SEVEN (57) FOOT TALL MONOPALM TOWER AND EQUIPMENT ENCLOSURE WITHIN THE FAMILY HERITAGE CHURCH PARKING LOT LOCATION: 78-998 MILES AVENUE — FAMILY HERITAGE CHURCH (ATTACHMENT 1) PROPERTY OWNER: FAMILY HERITAGE CHURCH GENERAL PLAN: LOW DENSITY RESIDENTIAL (LDR) ZONING: LOW DENSITY RESIDENTIAL (RL) ENVIRONMENTAL DETERMINATION: THE LA QUINTA PLANNING DEPARTMENT HAS DETERMINED THAT THIS PROPOSAL IS CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO PROVISIONS OF SECTION 15332 (CLASS 32) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), IN THAT THIS IS AN IN -FILL PROJECT SURROUNDED BY URBAN SERVICES AND EXISTING IMPROVEMENTS SURROUNDING LAND USES: NORTH: LOW DENSITY RESIDENTIAL (RL) SOUTH: LOW DENSITY RESIDENTIAL (RL) EAST: LOW DENSITY RESIDENTIAL (RL) WEST: MEDIUM HIGH DENSITY RESIDENTIAL (RMH) BACKGROUND: Family Heritage Church was established in 1985, under Public Use Permit 1984- 001, and Plot Plan 1985-139. In 2005, the Church received approval to construct two additional classroom buildings west of the main building (SDP 2005-825). The church occupies 6.84 acres on the northwest corner of Adams Street and Miles Avenue (Attachment 1). The Church and ancillary buildings are located in the middle of the site; the northern and southern portions of the site remain graded and maintained. The northern -most portion of the site is covered by crushed granite rocks and boulders and serves as the Church's retention basin. On February 23, 2010, the Planning Commission did hold a public hearing regarding T-Mobile's request for a new monopalm tower and equipment shelter at this location. Upon review of the original request, the Planning Commission identified a number of items for the applicant to address including: reducing the tower's height, screening/making the tower blend more into the site, justifying the request for a new tower, and clarifying the service area to be covered. Subsequently, staff met with the applicant and discussed the necessary items to be submitted. r//Ji7_lki ll At this time, the applicant proposes to decrease the tower height (-13 feet) to a height of fifty-seven (57) feet, place two additional palm trees near the proposed tower location (30', 35'), and are working on a separate justification letter that details T-Mobile's efforts to co -locate on existing towers and why a new tower at this location is necessary. Although the applicant has made strides to provide additional information to the Planning Commission, they have not yet provided adequate information on their attempts to co -locate on the other towers in the area, and therefore, staff recommends that this item be continued to the April 13, 2010, Planning Commission meeting in order to provide the applicant with additional time to prepare the information. REQUEST: T-Mobile, Inc. is requesting to install a fifty-seven (57) foot tall monopalm tower (reduced from 70'), three antenna arrays each with four (4) antennas, one (1) microwave antenna, and an equipment enclosure within the Family Heritage Church parking lot (Attachment 2 and 3). The applicant has received property owner approval for the tower and is registered and licensed with the FCC (Attachments 4 and 5). The monopalm tower is designed to resemble a "fan" palm. The proposed tower will include a dense covering of eighty (80) total faux palm fronds intended to screen the antenna arrays and panel and microwave antennas. Each palm frond is approximately eight (8) feet in length and is attached securely to the top of the tower. Each antenna array can accommodate up to four panel antennas. Each antenna array is approximately six (6) feet in length and will separate each of the four attached antennas by two (2) feet (Attachment 2, pg. A-2). Each panel antenna is 2 approximately four (4) feet in length and will be painted to match the faux palm fronds. The panel antennas are attached to the tower at a height of fifty (50) feet. The proposed microwave antenna is two (2) feet in diameter. The microwave antenna will be attached below the antenna arrays, at a height of forty (40) feet. The microwave antenna will be painted to match the monopalm trunk and will be screened by the placement of palm fronds (Attachment 2, pg. A-3). The proposed antennas will increase service options in and around this portion of the City (Attachment 6). In addition to the placement of the monopalm tower, the applicant has proposed to construct an unmanned equipment shelter at the site (Attachment 2, pg. A-2). The equipment shelter will occupy two -and -a -half parking spaces, located adjacent to the proposed tower. The equipment shelter will be enclosed by an eight (8) foot high CMU block wall and will screen all the proposed mechanical and electrical equipment associated with the tower and antennas (Attachment 2, pg. A-3). In addition, the applicant has proposed to plant bougainvillea vines around the perimeter of the enclosure to improve the aesthetic appearance of the enclosure and to match the existing landscape palette at the site. I11 01.1 ILTM LIIC Chapters 9.170 of the Zoning Code, regulates the use of Communication Towers and Equipment. This section establishes setbacks and operational standards for newly proposed towers and collocation of existing towers. The applicant has met the intent of this code section and has complied with the setback, operations and screening requirements set forth in this section. The proposed equipment enclosure will occupy a total of three (3) parking stalls at the site. Per the original church approval, and subsequent Site Development Permits (SDP 2005-825), the church is over -parked by approximately sixty (60) parking stalls. Staff has reviewed the City of La Quinta's Municipal Code and has confirmed that the site is moderately over -parked. The loss of three (3) parking stalls to accommodate the equipment enclosure is expected to have a nominal impact on parking availability and circulation at the site. The proposed height of the CMU wall enclosure is eight (8) feet. The applicant has proposed the eight (8) foot high CMU wall to ensure proper screening of all equipment within the enclosure; no equipment within the enclosure will be visible. Per Section 9.60.030 (Residential Fences and Walls) the maximum wall height within the buildable area of a site is twelve (12) feet. The proposed wall is in compliance with the design and height requirements set in this section. The proposed placement of the bougainvillea vines match the existing landscape palette at the site and will improve the aesthetic appearance of the enclosure. 3 The proposed monopalm tower is designed to resemble a fan palm. The design of the monopalm improves the aesthetic appearance of the tower and attempts to mimic a palm tree. The applicant has proposed to place the monopalm tower adjacent to five existing palm trees. The surrounding palm trees range in heights between nineteen (19) feet and thirty (30) feet. In addition, the applicant has agreed to install an additional two palm trees adjacent to the tower. One new thirty-five (35) foot tall palm tree will be installed north of the proposed tower, and on new thirty (30) foot tall palm tree will be installed just east of the proposed tower (Attachment 3). The applicant has also agreed to the Church's request to place one additional palm tree at the southeast corner of the grass area. The intent of the plantings is to balance the site and improve the aesthetics around the tower. The proposed monopalm tower is fifty-seven (57) feet in height. Per L.Q.M.0 Section 9.170.060, setbacks for towers are established at a distance of the towers' height plus twenty-five (25) feet from surrounding property line. Therefore, the proposed monopalm tower must be located eighty-two (82) feet away from surrounding property lines (57' tower + 25' setback = 82'). The intent of the setback standards is to minimize the tower's impact on surrounding properties. The tower is located approximately 145 feet from the western property line (Vista Dunes) and approximately 135 feet from the eastern property line (Adams Street). The towers' location complies with all setback standards set by the municipal code. The towers' faux palm fronds extend approximately two (2) feet beyond the length of the antenna arrays and help to screen the antennas and electrical wiring from surrounding public views. The proposed microwave antenna will be screened from public view by placing additional downward -facing faux palm fronds to cover the antenna. The downward -facing palm fronds will extend approximately sixteen (16) inches below the antenna. The proposed height of the antennas will not cause significant radio frequency (RF) interference with existing and approved telecommunication services in the area. The proposed antennas will increase service options for customers within this portion of the community. Attachment 6 provides visual representation of how services are expected to increase; green areas show the greatest amount of service improvement, while yellow and grey shows area expected to receive marginal service improvements. Based on the comments made during the February 23, 2010 Planning Commission meeting, the applicant has prepared a justification letter and have detailed their efforts to collocate on another tower (Attachments 7). As the applicant explains, collocation at surrounding towers is not sufficient due to existing "coverage in that area" and "the collocation site would not provide adequate coverage to the west and north" (Attachment 7, pg. 2). C PUBLIC NOTICE AND AGENCY REVIEW: This request was published in the Desert Sun newspaper on February 4, 2009, and mailed to all affected property owners within 500 feet of site as required by Section 9.200.110 of the La Quinta Municipal Code. A copy of this request has been sent to all applicable public agencies and City Departments on January 13, 2010. All written comments received are on file with the Planning Department. Applicable comments received have been included in the recommended Conditions of Approval. The proposed Conditional Use Permit is categorically exempt from environmental review pursuant to provisions of Section 15332 (Class 32) of the California Environmental Quality Act, in that this is an in -fill project surrounded by urban services and existing improvements. STATEMENT OF MANDATORY FINDINGS: Findings to approve this request per Section 9.210.020.F of the City of La Quinta Zoning Code can be made and are contained in the attached Resolution. RECOMMENDATION: Continue the public hearing for Conditional Use Permit 2009-124, the placement of a fifty-seven (57) foot tall monopalm tower, three antenna arrays each with four (4) antennas, one (1) microwave antenna, and an equipment enclosure for T-Mobile, Inc., to the next Planning Commission meeting on April 13, 2010. Prepared by: ERIC CEJA, Assis Planner Attachments: 1. Location 2. Improvement Plans 3. Photo Simulations 4. Property Owner Approval 5. FCC Approval 6. RF Coverage Map 7. Justification Letter 5 ATTACHMENT # 2 a a$i �= ` Wyw S 9svp:�vc'3^\SJ(.i�3 �+ i E 41— f AP ♦y �_( t n { 1 /Z� Lu LL OLU bi1 Z f_q / 'a J �0 z Hui y3o� I ■ dr 9' 4i" s�' 3 z K u � 6 _i�V al ooc civ of v 3 _ EN: I Y= � _ xoy� � a u v _ 1• .. Q Z a 3 a ==r IY LL LL� o?sonj W u cxs; a° e F a^sec Wec W i.5. I� 6 G CL a A iMSY Q_a n y W W W 3&$..i R -tee o _kSf'33 h O 0 1,. W� Ei0 a LL I I— � L It ----------- ,7_._ .____. $c �# ItI i� li 1 .III F fl l ® 0 'r fJ a° ,may{ i E u %p J i n l 4 Y P j � , , r Y R5�59p �ykQ ��. ��Psg i141 p�ppp' QySQy@�'a y§�n� w rP� Y r d Y •1 J Z Q J IL 90 121 ` 3 Uw E HL^I�I_�1I�I r� x5'-8-,, "III.¢ 1�@LL ££ I- i I Sj 9 y p it i � h •8� f y. R Sep ¢•= �ppo� PP9 F t�.:. — ,I z u:-� IIJ non IWefi �f�'F�`�r.��'r�i��k'.rr�lub�rJl�if�rrrl f � o. Q w I� ♦ �'pl of ykk: r -I f a g C 98 ry f Y e ' 49'1llaLi�N C srr I,#, P_ r: \ \ i pn& r 8 934a gap S� C a ¢eE:' Eeal E ���e4 *jMg W t if 2 2 11 Lai i ATTACHMENT #3 ii RF ❑ ,� M N ❑ 00 . r-a . A 0 3 wp Y�J ATTACHMENT 4 Project Office Mob 'Ile ll� OWNER -AGENT LETTER OF AUTHORIZATION 'T-Mobitc we5-t C.4-p • At no expense to owner, owner or authorized agent of owner, ("Owner") authorizes Reliant Land Services. ("Agent") acting as an agent for a subsidiary of T-Mobile USA Inc., a Delaware Corporation ("Applicant"), to apply for and obtain any and all necessary entitlements including, but not limited to, building and zoning permits associated with the application by Applicant to use the Property Location noted below ("Property") as a Telecommunications Site ("Site"). Owner of the Property also authorizes Agent to review and copy any Planning or Building Department records in regard to the Property. It is understood that any applications may be denied, modified, or approved with conditions and that such conditions or modifications must be complied with prior to issuance of zoning, use, or building permits. Additionally, Owner authorizes Agent no cost to the Owner, to perform any such tests necessary to determine the suitability of the property for use as an Applicant's Site. Such tests include, but are not limited to: soil tests, structural analysis, lead/asbestos test, environmental tests, and radio frequency/coverage testing. Agent: Reliant Land Services Maryann Harwood, Agent for T-Mobile 1594 N. Batavia Street Orange, CA 92867 Ph 847-571-2738 Fax 714-685-0125 Applicant: T-Mobile West Corporation, a Delaware Corporation 3 MacArthur Place, Suite #1100 Santa Ana, CA 92707 Owner: Family Heritage Church of the Valley Inc., a California corporation 78998 Miles Ave La Quinta, CA 92253 Assessor's Parcel No.: 604-032-026-7 Project Name & Number: Family Heritage Church IE25790A Property Location: 78998 Miles Ave La Quinta, CA 92253 Date: /.Z� Ow or Authori nt Signature Date: Own r Authorized A ignature 15 ATTACHMENT 5 16 Federal Communications Commission s9 6 Wireless Telecommunications Bureau o d RADIO STATION AUTHORIZATION LICENSEE: OMNIPOINT NY MTA LICENSE, LLC ATI'N: DAN MENSER OMNIPOINT NY MTA LICENSE, LLC 12920 SE 38TIl STREET BELLEVUE, WA 98006 FCC Registration Number (rRN): 0002145696 Call Sign File Number WP2Y684 0002988544 Radio Service CW - PCS Broadband Grant Date Effective Date Expiration Date Print Date 02-28-2007 05-22-2007 01-03-2017 11-03-2007 Market Number Channel Block -Market Designator BTA262 I C .2 Market Name Los Angeles, CA 1st Build -Out Date 2ntl Build -Out Date 3rd Build -Out Date 4th Build -Out Date 12-07-2003 01.03-2007 Waivers/Conditions: This authorization is subject to the condition that, in the event that systems using the same frequencies as granted herein are authorized in an adjacent foreign territory (CanadafUnited States), future coordination of any base station transmitters within72 km (45 miles) of the United States/Canadu border shall be required to eliminate any harmful interference a) operations in the adjacent foreign territory and to ensure continuance of equal access to the frequencies by both countries. This authorization is conditioned upon the full and timely payment of all monies due pursuant to Sections 1.2110 and 24.711 of the Commission's Rules and the terms of the Commission's installment plan as set forth in the Note and Security Agreement executed by the licensee. Failure to comply with this condition will result in the automatic cancellation of this authorization. Pursuant to Order DA 03-617 (rel. March 3, 2003), the designated entity holding period for this license is extended by 703 days, or until the licensee meek its five-year construction requirement, whichever is sooner. Conditions: Pursuant to §309(h) of the Communications Act of 1934, as amended, 47 U.S.C. §309(h), this license is subject to the following conditions: This license shall not vest in the licensee any right to operate the station nor any right in die use of the frequencies designated in the license beyond the term thereof nor in any other manner than authorized herein. Neither the license nor the right granted thereunder shall be assigned or otherwise transferred in violation of the Communications Act of 1934, as amended. See 47 U.S.C. § 310(d). This license is subject in terms to the right of use or control conferred by §706 of the Cornmunicntions Act or 1934, as amended. See 47 U.S.C. §606. ITo view the geographic areas associated with the license, go to the Universal Licensing System (ULS) homepnge at http://wirciess.fec.gov/uls and select "License Search". Follow the instructions on how to search For license information. Page I of 2 FCC 601•nm August 2007 16 ATTACHMENT # 6 14" V2 0 0 a CL CD w' m C a 0 a C. m m 0 3 w 0 o_ 0 0 cr C D w O a m N D fD fig fV C4 t0 6 1 .•o- 0 0 G R s s 0 V R 0 0 fn fa 0 17 Reliant Land Services, Inc. ATTACHMENT # 7 Authorized Agent for T-MOblle, USA T-Mobile Project Number: IE25790 T-Mobile Project Name: Family Heritage Church City of La Quinta CUP 2009-124 Hearing Continuance Additional Project Information and Justification T-Mobile West Corporation. ("T-Mobile") is requesting approval of CUP 2009-124 for the construction and operation of an unmanned wireless telecommunications facility (cell site), and presents the following additional project information for your consideration. Project Location Address: 78998 Miles Ave APN: 604-032-026 Project Representative Name: Jay Greenwood Address: 1594 N Batavia St, Orange CA, 92867 Contact Information: 949-375-0051 T-Mobile Contact Linda Paul, Real Estate and Zoning Manager 3257 E. Guasti Rd. #200 Ontario, CA 91761 909-975-3698 Revised Project Description The proposed installation consists of (6) T-Mobile equipment cabinets mounted on a concrete pad; (1) GPS antenna within a proposed 8 ft high 17 x 24 ft CMU wall enclosure with crawling vines and 8 ft wide double corrugated metal access gates to match existing and chain link security Lid. (12) panel antennas, (1) 2 ft parabolic antenna mounted on 57 ft high mono "fad' palm. The monopalm will have 80 palm frawns to help add visual interest and additional screening. The application was originally submitted with a proposed height of 70 ft. This is almost a 20% reduction in height. T-Mobile is also proposing to add two (2) additional fan palms around the monopalm to create a more natural look and feel. The new palms will be 35 and 30 ft in height. We have also provided photo simulations for the lower monopalm and the additional trees. They are attached for your reference. Coverage No service, or insufficient service, currently existing in the vicinity coverage gap exists south of 42"a Ave and north of Vista Del Sol to provide coverage in the residential areas of Fred Waring & Adam St and surrounding areas in La Quinta. T-Mobile and other carriers do have other facilities near our proposed location but these are being overloaded by customer use or are too far in distance to provide coverage in the proposed location creating this gap in coverage. 18 W- 1 Reliant Land Services, Inc. Co -location Options As is required by the municipal code, T-Mobile looked first at co -location options and found that there is only one other existing facility in the general area. After performing further RF analysis, it was determined that this was not a viable location due to the facts that (a) T-mobile already has coverage in that area and (b) the co -location site would not provide adequate coverage to the west and north. These areas will be serviced with the proposed location. We have attached a coverage map showing the only existing co -location site in a near proximity to the proposed site. As you will note, the area circled in red is that area that currently has insufficient coverage and will covered by the proposed location at the church site. Alternative Site Analysis The following locations were evaluated for possible locations for the facility: • All Color Growers Nursery: 78790 Darby Rd, Bermuda Dunes. Location did not cover the RF objective. Location of pole is closer to residential properties at this location. • Vintage Nurseries: 78975 Darby Rd., Bermuda Dunes. Location did not cover the RF objective and would. Location of pole is closer to residential properties at this location. Landowner is not interested and has rejected the T-Mobile proposal. • Fire Station 93: Could not meet the setback requirements to all property lines for a facility or meet the height requirements to cover T-Mobile RF objective. Automatically eliminated from consideration were any locations where unfavorable zoning exists, there is no suitable space available, and developments standards cannot be met, or are owned by parties that are uninterested in entering into a lease agreement with T-Mobile. Maryann Harwood, a representative for T-Mobile, worked with staff to review all location options. Facility Operations T-Mobile will operate this facility in full compliance with the regulations and licensing requirements of the Federal Communications Commission (FCC), Federal Aviation Administration (FAA) and the California Public Utilities Commission (CPUC), as governed by the Telecommunications Act of 1996, and other applicable federal and state laws. Please contact me at 949-375-0051 with any questions or requests for additional information. pectfully submitted, Jay Greenwood —%�U�) Authorized Agent for T-Mobile 19 PH#B PLANNING COMMISSION STAFF REPORT DATE: MARCH 23, 2010 CASE NO.: CONDITIONAL USE PERMIT 2009-126 APPLICANT: YAMAHA GOLF CARS OF PALM SPRINGS PROPERTY OWNER: KOMAR INVESTMENTS, LLC REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW FOR THE OUTDOOR DISPLAY OF GOLF CARS FOR YAMAHA GOLF CARS OF PALM SPRINGS IN THE KOMAR DESERT CENTER AND COSTCO PARKING LOT LOCATION: 79-785 HIGHWAY 111; SOUTH SIDE OF HIGHWAY 111, EAST OF COSTCO DRIVE ENVIRONMENTAL CONSIDERATION: THE PLANNING DEPARTMENT HAS DETERMINED THAT THIS APPLICATION IMPLEMENTS SPECIFIC PLAN 2005- 075, WHICH WAS ASSESED UNDER THE ENVIRONMENTAL IMPACT REPORT (SCH #200581060) PREPARED FOR SAID SPECIFIC PLAN AND CERTIFIED ON JANUARY 4, 2006. NO CHANGED CIRCUMSTANCES OR CONDITIONS ARE PROPOSED WHICH WOULD TRIGGER THE PREPARATION OF SUBSEQUENT ANALYSIS PURSUANT TO PUBLIC RESOURCES CODE 21166 AS THIS PROJECT IMPLEMENTS SPECIFIC PLAN 2005-075. GENERAL PLAN DESIGNATION: RC (REGIONAL COMMERCIAL) ZONING: CR (REGIONAL COMMERCIAL) SURROUNDING LAND USES: NORTH: HIGHWAY 111, JEFFERSON PLAZA SOUTH: COSTCO WHOLESALE EAST: CITY OF INDIO - VACANT WEST: VACANT AND UNENTITLED COMMERCIAL LAND Staff Report.doc BACKGROUND: Komar Desert Center is located on the south side of Highway 1 1 1, approximately midway between Dune Palms Road and Jefferson Street and was approved under Specific Plan 2005-075 along with Costco Wholesale on January 4, 2006 (Attachment 1). Site Development Permits followed for the portions of center including. Yamaha Golf Cars of Palm Springs is one of the most recent tenants within Komar Desert Center and the only tenant in Building E located adjacent to the Costco parking lot (Attachment 2). REQUEST: Because of the nature of their business, Yamaha Golf Cars of Palm Springs is requesting a Conditional Use Permit (CUP) to allow for the outdoor display of golf cars. With Costco's permission, they are requesting to display a total of four cars outdoors, three cars in three individual parking spaces located south of the building and the other on the sidewalk in front of the entrance of their business (Attachment 3). The applicant has provided a letter representing approval of the proposed outdoor display of golf cars by Mr. Jim Brockman, Property Manager for Komar Desert Properties (Attachment 4). Written authorization from Costco Wholesale for use of their parking spaces has not been received. ANALYSIS: The outdoor display of vehicles is regulated by Code Section 9.100.120 (Outdoor Storage and Display) and permitted with the approval of a Conditional Use Permit Before granting approval of the subject permit, the City must first analyze if there will be significant, potential or adverse impacts on the surrounding businesses. Since the applicant is requesting to place cars in spaces located on Costco Wholesale's property, it is important to assess how much if any impact it will have on Costco's customers. Costco Wholesale was approved with 833 parking stalls when approximately 600 parking spaces were required, thus resulting in a surplus of 233 spaces. Additionally, the spaces identified for display use are at the farthest point north from the Costco entrance and across the primary drive aisle separating Costco from the remaining portion of the center. Therefore, Staff does not foresee Costco's customers will be impacted by the proposed use of spaces far display purposes. The proposed location of the single golf car on the sidewalk near the store entrance is in an area where the sidewalk measures 15 feet in width. Considering the 2 maximum width of a golf car at four feet, along with the configuration of the turn in the sidewalk, illustrated in Attachment 5, the placement of a golf car at this location would have no impact on the pedestrian and ADA use of the sidewalk. While Staff is supportive of outdoor display of golf cars at the proposed two (2) locations, staff recommends the total number of cars displayed be limited to three (3); one (1) car on the sidewalk location as described and two (2) cars in the adjacent Costco parking spaces. This number is consistent with the most recent Planning Commission approval of a similar request at another shopping center in the City. Additional conditions of approval recommended by staff include a limitation on the hours of display (during normal business hours only), the prohibition of signs on the vehicles, the prohibition of vehicle jacks or similar display devices, and the prohibition of modifying the adjacent landscaping. A condition has also been included prohibiting the use of the parking spaces until written authorization from Costco Wholesale is provided to the Planning Department. CEQA: The La Quinta City Council did, on January 4, 2006, certify Environmental Assessment 2005-543 and Specific Plan 2005-075. Therefore, no changed circumstances or conditions and no new information has been provided which would trigger the preparation of a subsequent Environmental Assessment pursuant to the provisions of the California Environmental Quality Act (CEQA) statues. PUBLIC NOTICE AND AGENCY REVIEW: This project was advertised in the Desert Sun newspaper on March 12, 2010, mailed to all property owners within 500-feet of the site, and posted on City Public Hearing information boards. At the time of the filing of this report, staff had not received any letters or phone calls from the public regarding the proposal. Staff did not identify any public agencies that the applicant's request might affect. The use determination and conditions to be applied are at the sole discretion of the City of La Quinta. FINDINGS: Findings to approve this request per Section 9.210.020.F of the City of La Quinta Zoning Code can be made and are contained along with related analysis in the attached Resolution. c RECOMMENDATION: Adopt Planning Commission Resolution 2010- , approving Conditional Use Permit 2009-126, subject to the attached Findings and Conditions of Approval. Prepared by: YVONNE FRANCO, Assi ant Planner Attachments: 1. Vicinity Map 2. Komar Center Site Plan 3. Proposed Display Locations 4. Komar Desert Properties Authorization 5. Site Photos C! PLANNING COMMISSION RESOLUTION 2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, ALLOWING THE OUTDOOR DISPLAY OF YAMAHA GOLF CARS OF PALM SPRINGS, WITHIN THE KOMAR DESERT CENTER AND COSTCO WHOLESALE PARKING LOTS CASE NO.: CONDITIONAL USE PERMIT 2009-126 APPLICANT: YAMAHA GOLF CARS OF PALM SPRINGS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 23rd day of March, 2010, hold a duly noticed Public Hearing to consider a request by Yamaha Golf Cars of Palm Springs to allow for a maximum of four outdoor vehicle displays during normal business operating hours within the Komar Desert Center and Costco Wholesale parking lot, at 79-785 Highway 111, more particularly described as follows: APN: 600-020-034 WHEREAS, said Conditional Use Permit 2009-126 is within Specific Plan 05-075 for which Environmental Assessment 2005-543 was certified by the City Council on January 4, 2006. Therefore, no changed circumstances or conditions and no new information has been provided which would trigger the preparation of a subsequent Environmental Assessment pursuant to the provisions of the California Environmental Quality Act (CEQA) statutes; 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 9.210.020 of the Zoning Code to justify approval of said Conditional Use Permit: 1. Consistency with the General Plan: The proposed outdoor display of vehicles is consistent with the goals and policies of the General Plan in that the property is designated Regional Commercial and Commercial Park, which permits the use associated with this application. 2. Consistency with the Zoning Code: The proposed outdoor display of vehicles is consistent with the development standards outlined in Section 9.100.120 (Outdoor Storage and Display) of the Zoning Code because merchandise will be displayed on a semi -temporary basis, as specified in the required Conditions of Approval, and as permitted in 5 Planning Commission Resolution 2010- Conditional Use Permit 2009-126 March 23, 2010 compliance with the Komar Desert Center Park Specific Plan, and that such placement of vehicles will not conflict with any other Zoning Code requirements. 3. Compliance with CEQA: The proposed use is in compliance with CEQA in that the project area lies within Specific Plan 05-075 for which Environmental Assessment 2005-543 was certified by the City Council on January 4, 2006. Therefore, no changed circumstances or conditions and no new information have been provided which would trigger the preparation of a subsequent Environmental Assessment pursuant to the provisions of the California Environmental Quality Act (CEQA) statutes. 4. Surrounding Uses: Approval of the Conditional Use Permit as conditioned will not create conditions materially detrimental to the public health, safety and general welfare or be injurious to, or incompatible with, other properties or land uses in the vicinity in that vehicle placement will maintain and provide an adequate space for ADA requirements, and that the placement of three (3) outdoor display vehicles are in areas away from customer traffic and in underutilized parking stalls. The adjacent properties are designated and zoned for commercial use and within the Komar Desert Center Specific Plan. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Conditional Use Permit; 2. That it does hereby approve Conditional Use Permit 2009-026 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; which includes a maximum of three (3) outdoor display vehicles limited to the locations specified on the site plan and as approved with this Conditional Use Permit. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 23rd day of March, 2010, by the following vote, to wit: AYES: NOES: Planning Commission Resolution 2010- Conditional Use Permit 2009-126 March 23, 2010 ABSENT: ABSTAIN: ED ALDERSON, Chairman City of La Quinta, California ATTEST: LES JOHNSON Planning Director City of La Quinta, California 7 PLANNING COMMISSION RESOLUTION 2010- CONDITIONS OF APPROVAL — RECOMMENDED CONDITIONAL USE PERMIT 2009-126 MARCH 23, 2010 GENERAL 1 . The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta (the "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 council. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The applicant is limited to a maximum of three (3) outdoor golf car displays, one (1) on the sidewalk location and two (2) in the adjacent Costco parking spaces; at the locations as identified on the attachments. Any changes to the locations will require and amendment to the subject CUP. 3. The placement of outdoor golf car display is limited to normal business operating hours for Yamaha Golf Cars of Palm Springs. Vehicles shall be placed within the store at the close of each business day and shall not be placed outdoors more than thirty (30) minutes prior to daily openings. 4. The applicant is prohibited from placing any signs or other advertisement devices, including but not limited to, balloons, lights, banners, etc..., on, or attached to, or at the location of any display vehicle. 5. The use of vehicle "jacks" or other display methods is prohibited. 6. The applicant is prohibited from making any site improvements, including landscape removal, to accommodate the placement and visibility of outdoor vehicles. 7. Written authorization by Costco Wholesale approving the use of two (2) parking spaces in the location proposed for the purpose of display of two (2) golf cars is required prior to use of the said parking spaces for display purposes. 8. This Conditional Use Permit is permitted for a maximum period of five (5) years (March 23, 2015), unless a request for an extension is made to the Planning Department. The Planning Director, after reviewing the facts and extension request, may extend the permit or may forward the request to the Planning Commission for determination. 8 r- ATTACHMENT 1 SITE ATTACHMENT #2 IIIII I IIIII � � IIIIII IIII 0 � I I I I i p I I ' m I I ' ' I I ' d i ' n[al 1721 69. U � m Q N Uz LL z J 2 0 IL V U) a� as g a. >-o w { S9 I I i I C7 • I i� ._.___..._---- --...J y mN g3,_ _-_....__I_..___.� 4m I v h 10 SITE PLAN / PROPOSED LOCATION OF GOLF CARTS /GOLF CART: 102" L x 46.4" W S PLEASE SEE PICTURES FOR SIDEWALK LAYOUT/SPACING E W TREE/PLANTER N ATTACHMENT # 3 COSTCO / PARKING LOT 11 02/11/2010 17:05 17607765003 1-eD 11 1U'U1.4/p NJ Nlayhouselkm Brockman YAMAHA #0231 P.002/002 760772%95 p.1 City ofLa Quima - Planning Dept. 78-495 Calle Tampico La Quints, CA 92253 Attention_ Planning Commission RE. ConartiorralOsePernsir/Approwl To Whom It May Concern: ATTACHMENT 4 February 10, 2010 We have presented the Property Manager of Komar Desert Properties with our proposed Site Plan and layout for our Outdoor Advertisement using Golf Cars, to obtain our Conditional Use Permit, The purpose oftb is letter is an approval from this party, after being shown display pictures, presentation, and a detailed site plan as requested. A signature from this party will be provided, as well as any comments he may have pertaining to this subject Regards, Yamaha Golf Cars of Palm Springs KOMAR DESERT PROPERTIES 79-835 Hwy 111. Suite 105 La Qua, CA 92253 PRINT NAME / TITLE 12 r 13 IT 5