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.
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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
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ATTACHMENT 4
Project Office
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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
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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
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SITE
ATTACHMENT #2
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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
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