2010 04 13 PCCity of La Quinta
Planning Commission Agendas are now
available on the City's Web Page
@ www.la-guinta.org
cF�r 0> t19
PLANNING COMMISSION
AGENDA
A Regular Meeting to be Held at the
La Quinta City Hall Council Chamber
78-495 Calle Tampico
La Quinta, California
APRIL 13, 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 2010-010
Beginning Minute Motion 2010-003
I. 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�K9IL M 411111[He14 q 01 �7e1:1
Approval of the Minutes of the Regular Meeting of March 23, 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 .................. STREET NAME CHANGE 2010-020
Applicant........... Farah Meadows - La Quinta High School Senior Class
Advisor
Location............ West of Dune Palms Road, East of Adams Street
Request ............. Consideration of a Street Name Change from Westward
Ho Drive to Blackhawk Way.
Action ................. Staff Recommendation for Approval - with conditions,
Resolution 2010-
B. 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 Approval, with Conditions -
Resolution 2010
C. Item .................. ZONING ORDINANCE AMENDMENT 2010-100
Applicant........... City of La Quinta
Location............ City-wide
Request ............. Consideration of the Following Amendments to the La
Quinta Zoning Ordinance: 1) Adjust the Guesthouse
Provisions in the Table of Permitted Uses (9.40.040),
Adjust the Guesthouse Provisions in the Supplemental
Residential Code (9.60.100), Prohibit Single -Family
Homes Within the Village Commercial District (9.65.020),
Identify Golf Cart Sales in the Table of Permitted Uses
(9.80.040), Adjust the Permitted Date for Christmas Tree
Sales (9.100.080), Adjust the Used Car Sales Regulations
(9.100.300), Permit the Use of Seasonal Sales
Businesses (9.100.310), Address Multi -Tenant Office
Sales Businesses (9.100.310), and Address Multi -Tenant
Office Complexes with Interior Tenants in the Sign Code
(9.160.050).
Action ................. Staff Recommendation for Approval to Council, as
submitted — Resolution 2010-
D. Item .................. ZONING ORDINANCE AMENDMENT 2010-101
Applicant........... City of La Quinta
Location............ City-wide
Request ............. Consideration of the Following Amendments to the La
Quinta Municipal Code: 1) to Restrict the Placement and
Maximum Time Period of Permitted Temporary Signs
Within the Public Right -Of -Way; and 2) to Revise Table 9-
17, to Remove maximum Sign Size and Height
Restrictions for Exempt Signs.
Action ................. Staff Recommendation for Approval to Council, as
submitted— Resolution 2010-
VI. BUSINESS ITEM:
VII. CORRESPONDENCE AND WRITTEN MATERIAL;
VIII. COMMISSIONER ITEMS:
A. Report on City Council meeting of April 6, 2010, by Paul Quill
B. Commissioner Weber is scheduled to attend the April 20, 2010, City
Council meeting.
C. Quarterly Attendance Record
D. Report on Planners' Institute — March 24 — 26, 2010.
IX. DIRECTOR ITEMS:
X. ADJOURNMENT:
This meeting of the Planning Commission will be adjourned to a Regular Meeting to be
held on April 27, 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, April
13, 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, April 9, 2010.
DATED: April 9, 2010
CAROLYN 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 23, 2010 7:02 P.M.
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 Yvonne Franco,
and Executive Secretary Carolyn Walker.
II. PUBLIC COMMENT: None.
III. CONFIRMATION OF THE AGENDA: Confirmed.
IV. CONSENT CALENDAR:
It was moved by Commissioners Barrows/Wilkinson to approve the minutes
of March 9, 2010, as submitted. Unanimously approved.
V. PUBLIC HEARINGS:
A. Continued — Conditional Use Permit 2009-124; a request by T-Mobile
West Corporation for consideration to allow the placement of a fifty-
seven (51) foot tall monopalm tower and equipment enclosure within
the Family Heritage Church parking lot located at 78-998 Miles
Avenue.
Planning Manager David Sawyer presented the staff report, a copy of
which is on file in the Planning Department. He also noted that staff
recommended continuation of this item to the April 13, 2010 meeting.
Chairman Alderson asked if there were any questions of staff.
Planning Commission Minutes
March 23, 2010
Commissioner Wilkinson asked about listening to comments from the
public in attendance. Staff explained it was at the Commission's
discretion as to whether or not they would prefer to hear comments,
but staff's recommendation would still be for a continuance.
Commissioner Wilkinson asked for confirmation that the T-Mobile
application would return to the Commission in two weeks. Staff said
they anticipated it would be back in two weeks, but that was
predicated on the receipt of some additional information from the
applicant.
There being no further questions of the staff, Chairman Alderson
asked if there was any public comment.
Mr. Graeme Donaldson, 79-115 Camino"Rosada, La Quinta CA — said
he had previously spoken in opposition to this project. He said he
took a further look at :the site, and the cell towers in the vicinity, and
came to the conclusion. that,. even at fifty-seven (57) feet the cell
tower would still stand out. He said cell towers tended to show their
age, after a couple of years, and would be even more noticeable. He
emphasized- this was a residential, not commercial, neighborhood and
there were no two-story homes allowed on the edge of any nearby
development. He said the fire' station and the church were engineered
well and blended in, but the cell tower did not. He suggested the cell
tower could be. relocated to an area near the wash, near Kohl's, or
somewhere in that vicinity.. as there were currently cell towers there.
He commented that arrangements could possibly be made to co -locate
or add equipment. to a existing cell tower rather than putting up
another one. An additional cell tower was just not required.
`There being no additional questions, or public comment, Chairman
Alderson (did not close the public hearing, but) opened the matter for
Commission discussion.
There being no further questions or discussion, it was moved and
seconded by Commissioners Wilkinson/\Neber to approve continuation
of Conditional Use Permit 2009-124 to the April 13, 2010 meeting.
Unanimously approved.
-2-
Planning Commission Minutes
March 23, 2010
B. Conditional Use Permit 2009-126; a request by Yamaha Golf Cars of
Palm Springs for consideration to allow the outdoor display of golf
cars in the Komar Desert Center parking lot.
Assistant Planner Yvonne Franco presented the staff report, a copy of
which is on file in the Planning Department.
Chairman Alderson asked if there were any questions of staff.
Commissioner Weber asked if the entire development belonged to
Komar. Staff responded it was Komar Desert Center.
Commissioner Weber asked if Mr. Jim Brockman was the Property
Manager for Komar Desert Properties and staff responded he was.
Commissioner Weber asked if Komar was agreeing with the whole
plan as proposed by the applicant and staff said yes.
Commissioner Weber asked if there was any anticipation of issues
with Costco and did the site hinder, or impact, any ADA requirements.
Staff responded no to both' questions.
Commissioner .Quill asked about the property line on the parking lot
exhibits. Staff confirmed where it was. Commissioner Quill asked if
the parking spaces were actually on Costco; not Komar, property.
Staff said yes:
Chairman, Alderson asked if the applicant had seen, and was in
agreement with, the conditions of approval. Staff said yes; but pointed
out the applicant had a couple of questions which they would direct to
the Commission.
There .being no further questions of the staff, Chairman Alderson
asked, if the applicant would like to speak.
Mr. Robert Forsythe, 79-785 Highway '111, Suite 103, La Quinta CA
— commented on Conditions 2 and 7. He stated they originally asked
for more golf cars to be placed in the parking lot, and it had been
reduced to two. He preferred the original number of three. He said
this would produce no impact on the site and they had anticipated
that display number when they originally leased this site.
-3-
Planning Commission Minutes
March 23, 2010
Chairman Alderson asked for confirmation of the display layout which
staff provided.
Mr. Forsythe said they would like one golf car on the sidewalk and
three in the parking lot.
Mr. Forsythe also commented on Condition 7, requiring Costco
Corporate approval. He said he thought the Store Manager's signed
permission was adequate and did not see why they would need more
than that. He added that corporate approval could be quite hard to
obtain. Chairman Alderson asked why, and Mr. Forsythe said it was a
big company and easier to deal with the local, rather than corporate
staff.
Staff responded, if the CUP was approved, they would review what
was submitted by the Store Manager, on the appropriate letterhead,
and see if it was adequate. If it was, it would be accepted.
Commissioner Weber asked,if,the applicant had seen a recent Desert
Sun article with comments from a golf cart dealer regarding seat belts
and the use of golf carts.on streets, bike lanes and sidewalks. Mr.
Forsythe said he had not.
Commissioner Weber encouraged Mr. Forsythe, and his staff, to
become familiar ,with the local regulations so the public would not be
misled as, to where and when the golf carts could be used. The
drivability of the golf --carts would be different if they are
registered/licensed, with the City and the State; than if they were not.
Commissioner Weber wanted to make sure that Mr. Forsythe was very
pro -active about providing that information. Mr. Forsythe said they
would as they wanted to be good partners with the City.
Commissioner Barrows asked Commissioner Weber if he was referring
to the new City Golf Cart Program and requesting the applicant make
sure, that when he sells a golf cart, it meets those requirements.
Commissioner Weber said he wanted to make sure the sales staff did
not mislead the general public with statements such as those
published recently in The Desert Sun regarding where, and what type
of, vehicles could be driven. He said there was a lot of incorrect
information in the article.
M
Planning Commission Minutes
March 23, 2010
Staff responded the article made reference to the cart (or car)
equipment and the ability to use bike lanes, and sidewalks throughout
the community which was inconsistent with the City's Golf Cart
Program.
Commissioner Barrows asked for clarification on what the concern
was and Commissioner Weber responded sidewalks, and bike lanes
are not for golf carts.
Chairman Alderson asked about hours of operation. Mr. Forsythe
outlined the hours for both summer and winter operation.
There being no further questions of the staff, Chairman Alderson
asked if there was any publiccomment.
There being no additional questions, or public comment, Chairman
Alderson opened the matter for Commission discussion.
Commissioners Quill said he felt the Costco Store Manager's
authorization was sufficient.
Commissioners' Wilkinson and.Weber did not have any issues with the
additional parking spaces; however, they did feel staff could
adequately'address the issue of the proper authorization from Costco.
Chairman Alderson asked about setting a precedent with the
recommendation of an additional space to the parking lot display. Staff
explained their recommendation was based on a previous decision
made by the Commission, on a similar application; but noted it was
the Commission's prerogative to adjust the number of cars displayed.
There was; no further discussion and it was moved and seconded by
Commissioners Weber/Wilkinson to approve Resolution 2010-009_for
approval of Conditional Use Permit 2009-126 as submitted with the
addition of the following amendments:
Condition 2 be amended to read "...a maximum of four (4) outdoor
golf car displays, one (1) on the sidewalk location and three (3) in the
adjacent Costco parking spaces;.." instead of three (3) outdoor
displays.
151E
Planning Commission Minutes
March 23, 2010
Condition 7 be amended to read "...Written authorization by Costco
Wholesale as reviewed and accepted by staff..." in order for the
applicant to obtain approval on Costco letterhead and staff to review
the approval for appropriateness.
Unanimously approved.
VI. BUSINESS ITEMS: None
VII. CORRESPONDENCE AND WRITTEN MATERIAL: None
Vill. COMMISSIONER ITEMS:
A. Report on City Council Meeting of ` March 16, 2010, from
Commissioner Barrows. (A brief summary of the meeting was given
followed by discussion of several items.)
B. Chairman Alderson noted Commissioner Quill was scheduled to report
back on the April 6, 2010, Council meeting.
C. Commissioner Weber asked if staff had received any comments on the
Draft EIR for the Dune Palms and Highway 111 (Specific Plan).
Staff responded they had received comment from a State agency and
did not anticipate many further comments. It was added that they
" had tied to be as current :as possible with the latest environmental
requirements. It was anticipated to be heard by the Planning
Commission on April 27, 2010, unless additional comments were
received and needed to be more adequately addressed.
IX: DIRECTOR ITEMS:.
A. Staff announced the first Community Workshop for the General
Plan Update will be held on April 21, 2010, from 5:30 p.m. to
8:00 p.m. at the La Quinta Library. It will be an interactive
environment with the objectives of educating the public on the
update process and obtaining more of the public's input into
that process. Staff added the Commission would be receiving a
more detailed report in their April 13, 2010, packet. (General
discussion followed).
Planning Commission Minutes
March 23, 2010
X. ADJOURNMENT:
There being no further business, it was moved and seconded by
Commissioners Wilkinson/Alderson to adjourn this regular meeting of the
Planning Commission to the next regular meeting to be held on April 13,
2010. This regular meeting was adjourned at 7:38 p.m. on March 23,
2010.
Respectfully submitted,
Carolyn Walker, Executive Secretary
City of La Quinta, California
-7-
PH # A
PLANNING COMMISSION
STAFF REPORT
DATE: APRIL 13, 2010
CASE NO.: STREET NAME CHANGE 2010-020
APPLICANT: LA QUINTA HIGH SCHOOL SENIOR CLASS ADVISOR
REQUEST: CONSIDERATION OF ADOPTION OF A RESOLUTION OF
INTENTION TO CHANGE A STREET NAME PORTION FROM
WESTWARD HO DRIVE TO BLACKHAWK WAY
LOCATION:
ENVIRONMENTAL
CONSIDERATION:
BACKGROUND
WEST OF DUNE PALMS ROAD, EAST OF ADAMS STREET
THIS STREET NAME CHANGE REQUEST HAS BEEN
DETERMINED TO BE EXEMPT FROM CALIFORNIA
ENVIRONMENTAL QUALITY ACT REQUIREMENTS UNDER
THE PROVISIONS OF SECTION 15061(b) (3). THERE IS
NO POSSIBILITY THAT THIS PROPOSAL WILL HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT;
THEREFORE, IT IS NOT SUBJECT TO CEQA REVIEW.
La Quinta High School (LQHS), bounded by Westward Ho Drive to the north, Adams
Street on the west, Dune Palms Road on the east, and the Whitewater Channel to the
south, was established in 1997. The high school mascot is the "Blackhawk". The high
school encompasses 49 acres, and has a total enrollment of over 2,800 students,
grades 9 - 12.
At its meeting on March 9, 2010, the Planning Commission adopted a resolution of
intention setting a public hearing to consider this proposal at its April 13, 2010,
meeting. At that meeting, the Planning Commission directed staff to comply with the
La Quinta Municipal Code, and to post a 30-day hearing notice along Westward Ho
Drive. A total of six hearing notices have been posted along Westward Ho Drive, at La
Quinta High School and La Quinta Park.
PROPOSAL
The applicant is proposing to change the name of a portion of the street within the
City of La Quinta from "Westward Ho Drive" to "Blackhawk Way" (Attachment 1).
The proposed street name change only applies to the street portion between Adams
Street and Dune Palms Road (Attachment 2). Over ;sixty-seven percent (67%) of
property owners with frontage abutting the street have signed letters of support for
this request (Attachment 3)•
Applicable Code Provisions
La Quinta Municipal Code Chapter 14.08 permits any individual to initiate a street
name change. The Planning Commission must adopt a resolution of intention, setting a
public hearing date to review the request no less than 30 days from the date of the
adoption of the resolution for a public hearing. Following the Planning Commission's
public hearing, a recommendation is then forwarded to the City Council for final action.
ANALYSIS
Staff has reviewed the proposed street name change pursuant to Section 14.08 of the
La Quinta Municipal Code. The code sets criteria for who may initiate a proposal for a
street name change, the percentage of property owners who must agree to the
change, and the public hearing process.
Pursuant to Section 14.08, "Any person may initiate a street name change for any
reason consistent with law". The proposed street name change has been initiated by
the La Quinta High School Senior Class. The intent of the proposed street name
change is to inspire community and school spirit. Other Coachella Valley high schools
have similar mascot named streets, such as Rajah Way in Indio and Golden Eagle Way
in Desert Hot Springs.
Section 14.08 sets specific criteria for support that a proposed street name change
must achieve. Per this section, at least sixty percent (60%) of property owners with
lineal frontage abutting the street must sign the petition to initiate the street name
change. Staff has confirmed that La Quinta High School occupies fifty percent (50%)
of lineal frontage along the current road segment. In addition, staff has removed La
Quinta Park, approximately twenty-five percent (25%) of lineal frontage, from the
overall frontage calculation since the park is owned by the City, and the City will either
support or deny the request at the public hearing. Removal of the City's property from
this calculation increases La Quinta High School property frontage to approximately
sixty-seven percent (67%). With the addition of property owner support from the one
residence located along this road segment, the applicant has satisfied the requirement
of obtaining sixty percent (60%) of property owner support. Staff has included the
letters of support as part of this report.
The proposed street name change has been reviewed by the City's public safety
departments, including the Police and Fire Departments and the Public Works
Department. In addition, staff routed this request to the City of Indio for comments.
None of the departments or neighboring city had comments regarding this proposal. In
addition, emergency services stated that they can update their 911 services with the
new street name.
0a
CEQA
This street name change request has been determined to be exempt from California
Environmental Quality Act requirements under the provisions of section 15061 (b) (3)•
There is no possibility that this proposal will have a significant effect on the
environment; therefore, it is not subject to CEQA review.
RECOMMENDATION
Adopt Planning Commission Resolution 2010- , recommending approval of the
proposed street name change to the City Council, and setting April 20, 2010, as the
public hearing date to consider Street Name Change 2010-020.
Prepared by:
i� (� i
ERIC CEJA, Assi tant Planner
Attachments:
1. Application
2. Westward Ho Drive Vicinity Map (Aerial)
3. Blackhawk Way — Ownership Map and Letters of Support
c
PLANNING COMMISSION RESOLUTION 2010-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF A PROPOSED
STREET NAME CHANGE FROM WESTWARD HO DRIVE,
BETWEEN ADAMS STREET AND DUNE PALM ROADS, TO
BLACKHAWK WAY
CASE NO.: STREET NAME CHANGE 2010-020
LA QUINTA HIGH SCHOOL 2010 SENIOR CLASS
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 9`hday of March, 2010, consider the request of the La Quinta High School's
Senior Class, to set a date for a public hearing to review a street name change from
Westward Ho Drive to Blackhawk Way, between Adams Street and Dune Palms Road,
more particularly described as:
Portion of Westward Ho Drive, east of Adams Street, west of Dune Palms Road
WHEREAS, at the Planning Commission meeting on March 9, 2010, the
Planning Commission scheduled a thirty (30) day notification and posting period, and
scheduled the proposal for a Planning Commission public hearing on April 13, 2010;
WHEREAS, at the April 13, 2010 Planning Commission meeting, upon
hearing and considering all available information, said Planning Commission did make
the following findings to justify the proposed street name change per Section
14.08.050 of the La Quinta Municipal Code:
1. Public Safety: Approval of the street name change will not create conditions
materially detrimental to the public health, safety and welfare, and will have no
impacts on the public health, safety and welfare, as reviewed by the City's
Public Works Department, the Police Department:, and the Fire Department.
2. Specific Plan: There are no specific plans effective by the street name change.
3. CEQA: The street name change has been determined to be exempt from the
California Environmental Quality Act (CEQA) in that the proposed street bane
change will have no effect on the environment.
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 constitute the findings of the Planning
Commission in this case;
4
2. That it does hereby approve the above described Resolution recommending
approval of the proposed street name change to the City Council.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta City Planning Commission, held on the 131" day of April, 2010, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
LES JOHNSON, Planning Director
City of La Quinta, California
Publish: February 24, 2010
5
CITY COUNCIL RESOLUTION 2010-
STREET NAME CHANGE 2010-020; LA QUINTA HIGH SCHOOL
"WESTWARD HO DRIVE" — "BLACKHAWK WAY"
CONDITIONS OF APPROVAL — RECOMMENED
April 13, 2010
GENERAL
1. By implementing this street name change, the applicant agrees to indemnify,
defend and hold harmless the City of La Quinta, its agents, officers, and
employees from any claim, action, or proceeding to attack, set aside, void, or
annul the approval of this Street Name Change.
The City of La Quinta shall have the right to select its defense counsel at its
sole discretion. The City of La Quinta shall promptly notify the applicant of
any claim, action, or proceeding and shall cooperate fully in the defense.
2. The street name for the portion of "Westward Ho Drive", east of Adams
Street and west of Dune Palms Road, shall be changed to "Blackhawk
Drive". All other portions of "Westward Ho Drive" will remain unchanged.
3. The applicant shall pay for the purchase and installation of the new
"Blackhawk Way" street name signs to replace the existing Westward Ho
Drive" street name signs at Adams Street, Via Aliso, and Dune Palms Road.
Please contact Mr. Hector Guzman, Assistant Engineer II, at (760) 777-7046
for questions on the cost and installation of the new street name signs.
ri
city oJLa guuinta ATTACHMENT # 1
Community Development Department JAN 2 2 2010
78-495 Calle Tampico - P O Box 1504
La Quinta, California 92253 <+ t
(760) 777-7125 - fax (760) 777-1233
Application for
Street Name Change
In order to process your application in a timely manner, this
form must be completed and accompanied by:
► NON-REFUNDABLE FILING FEE
► I COPY OF LOCALITY PLAN* _
► 1 COPY OF DETAILED PLAN*
*See the back of this form for detailed requirements. Failure to
provide the required information is justification for rejection of
the application.
Case No. l0 "c2-2-0
Date recxd
Fee: �5n --�"—
'"' Request Denied
Approved subject to
the attached revised conditions.
Comments _.—._. _
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Mailing Address_I_q_-a55 WeSturc _11) ivy LmC�Vi►)&q `�ar�53
(Strtd0 �CTy)— _- — -- - - - (TIP a&) —
Name of Street (s) Proposed for Name Change:
Existing; latne
Location of affected streets includinkTract
OAS
Pr=,se_dLI `ante
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R c a s o n for name change: laM _ _ - t��=SC-ngo �.._ mc( SC-0-1 - -
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Signature of
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ATTACHMENT 2
ATTACHMENT #3
DETAILED PLAN
Street Name Change
from Westward Ho Drive to Blackhawk Way
The following streets in the City of La Quinta would be affected by the above
street name change:
=:> The intersection of Adams Street and Westward Ho Drive
=:� The intersection of Dune Palms Road and Westward Ho Drive
=> The entrance into the Aliso II Homes off of Westward Ho Drive, Via Aliso
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la quinta
79255 Westward Ma dive. La Ownia CA. 92253. 760.772.4150
City of La Quinta Planning Department
P.O. Box 1504
La Quinta, CA 92247
Dear City of La Quinta
My name is Mrs. Farah Meadows and I am the Senior Class Advisor at La Quints High School. I
am writing to you on behalf of La Quints High School's graduating class of 2010. The purpose
of this letter is to request a street name change in La Quinta from Westward Ho Drive to
Blackhawk Way. The affected portion of this change would be Westward Ho Drive between
Adams Street and Dunes Palms Road, directly in front of the La Quints, High School campus.
The reason behind this street name change request is the fact that the seniors want to increase
school spirit on the La Quinta High School campus by renaming the street after the school's
mascot. The seniors pointed out that Indio High School has a Rajah Way in Indio and Palm
Desert High School has an Aztec Way in Palm Desert. The seniors believe that La Quints, High
School is in need of a Blackhawk Way to show their pride in their school and city they are so
proud to represent. The seniors initiated this idea and, with my assistance, are going through the
necessary steps to make this idea a reality.
The seniors hope to have this street name change approved before they graduate in June and
would love hold an official dedication ceremony with city council members, school board
members, community members, and the La Quints High School staff and students present. We
hope that you consider our application and be part of the increased school spirit at La Quinta
High School.
Sincerely,
Oints.ah Meadowsa High School
Senior Class Advisor
10
1a-1%'--09 441)
Jit%IFrsn ar
IBS
y°eDesert Sands Unified School District
RMUDA DUNES C 47-950 Dune Palms Road • La Quinta. California 92253 • (760) 777-4200 • FAX: (760) 771-8505
RANCHO MIRAGE BOARD OF EDUCATION: Michael Duran, Donald B. GrI1Rth, Jim Eoedyker. Matteo Monica 111, Gary Tomak
t" INDIAN WELLS q - - - - -- SUPERINTENDENT: Dr. Shgrort P. McGehee
it PCOACHELLA y
SJ,QLAINDIO A 7 December 16, 2009
•
Mr. Eric Ceja, Asst. Planner
City of La Quinta, Planning Department
P.O. Box 1504
La Quinta, CA 92247
Dear Mr. Ceja:
The Desert Sands Unified School District, Board of Education unanimously supports the
renaming of Westward Ho to Blackhawk Way. Thank you for your assistance with this
request from the La Quinta High School, Blackhawk student body.
Sincerely,
)C4Ve
Sharon McGehee, Ph.D.
Superintendent
SM:br
11
THE LANK GROUP
January 15, 2010
City of La Quinta
PO Box 1504
La Quinta Ca,-92247
RE: Westward Ho Drive
Gentlemen,
I live at 79350 Westward Ho I encourage the city to change the name from
Westward Ho to Black Hawk Way.
Sincerely,
Larry Ch
CHAN
44.9)9 Golf Center Parkway, Suite 7, Indio, CA 97201 -Offier- (760) 347-3469 Fax(760) 342-2791
thechankgroup@201.c0111 12
PH#B
PLANNING COMMISSION
STAFF REPORT
DATE: APRIL 13, 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.
UPnATE
The applicant has revised their original request and decreased the tower height (-13
feet) to a height of fifty-seven (57) feet, placed two additional palm trees near the
proposed tower location (30', 35'), and have provided a justification letter detailing
their efforts to co -locate on existing towers in the area.
RFQUFST-
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. Examples of the proposed design are included in attachment 6.
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
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
2
antennas will increase service options in and around this portion of the City
(Attachment 7).
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.
ANALYSIS:
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.
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
3
one 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. The reduced height
is intended to minimize the towers' aesthetic impact on the surrounding properties
and neighborhoods. 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 = 821. 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. Staff recommends that the Planning
Commission discuss with the applicant the potential for further reduction in the
towers' height or other screening options.
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 7 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 8). 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 8, pg. 2).
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 9.200.1 10 of the La Quinta Municipal Code.
rd
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.
CEQA:
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:
Adopt Planning Commission Resolution 2010 -_ , approving Conditional Use
Permit 2009-124, for 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., subject to the attached Findings and
Conditions of Approval.
Prepared by:
ERIC CEJ , Assistant Planner
Attachments:
1. Location
2. Improvement Plans
3. Photo Simulations
4. Property Owner Approval
5. FCC Approval
6. Examples of Monopalm Towers
7. RF Coverage Map
8. Justification Letter
5
PLANNING COMMISSION RESOLUTION 2010-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE PLACEMENT OF A
FIFTY-SEVEN (57) FOOT TALL MONOPALM TOWER AND
EQUIPMENT ENCLOSURE WITHIN THE FAMILY HERITAGE CHURCH
PARKING LOT
CASE NO.: CONDITIONAL USE PERMIT 2009-124
APPLICANT: T-MOBILE WEST CORPORATION
WHEREAS, the Planning Commission of the City of La Quinta,
California, did, on the 23rd day of February, 2010, and continued to the 23`d
day of March, and continued to the 13" day of April, hold a duly noticed
Public Hearing to consider a request by T-Mobile West Corporation, to allow
the placement of a seventy (57) foot tall monopalm tower and equipment
enclosure within the Family Heritage Church parking lot, located at 78-998
Miles Avenue, in the RL (Low Density Residential) district, more particularly
described as:
APN: 604-032-026
WHEREAS, on the 131" day of January, 2010, the Planning
Department mailed case file material to all affected agencies for their review
and comment, with all written comments received on file with the Planning
Department; and
WHEREAS, the Planning Department published the public
hearing notice in the Desert Sun newspaper on the 4`" day of February,
2010, for the 23`d day of February, 2010, Planning Commission meeting as
prescribed by Section 9.200.110 (Public Notice Procedure) of the Zoning
Code, and by mailing a copy of said public hearing notice to all property
owners and residents within 500 feet of the site; and
WHEREAS, the placement of the monopalm tower near existing palm
trees, and the placement of additional palm trees, will minimize adverse
visual effects of the antennas and equipment on the surrounding area; and
WHEREAS, the communication facility will improve telecommunication
service options within the northern portion of the City of La Quinta; and
WHEREAS, at said Public Hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons desiring to be
0
Planning Commission Resolution 2010-
Conditional Use Permit 2009-124; T-MOBILE WEST CORP.
April 13, 2010
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 design and improvements of
the proposed monopalm tower and equipment enclosure are consistent
with La Quinta General Plan (Chapter 7) that requires utilities and
communication facilities to blend in with the surrounding
improvements and insures residents have access to reliable services
such as wireless telephones. The placement of the monopalm tower at
this site will have a negligible impact on the surrounding public
thoroughfares and land uses.
2. Consistency with the Zoning Code: The placement of the monopalm
tower and equipment enclosure are consistent with current standards
of the Zoning Code (Chapter 9.90 and 9.170) in that the potential
adverse visual effects have been mitigated, and all perimeter setback
requirements have been met.
3. Compliance with CEQA: The placement of the monopalm tower and
equipment enclosure have been determined to be exempt from CEQA,
under Guidelines Section 15332 (Infill Development), in that the site is
developed as a community religious institution that is surrounded by
urban infrastructure improvements (e.g., roads, water, sanitation,
etc.).
4. Compatibility with Surrounding Uses: The proposed improvements are
located on an existing built site. The proposed monopalm and
equipment enclosure are consistent with the surrounding architectural
theme and public facility improvements.
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 2009-124 for the
reasons set forth in this Resolution and subject to the attached
Conditions of Approval;
7
Planning Commission Resolution 2010-
Conditional Use Permit 2009-124; T-MOBILE WEST CORP.
April 13, 2010
PASSED, APPROVED and ADOPTED at a regular meeting of the La
Quinta Planning Commission held on this 13th day of April, 2010, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ED ALDERSON, Chairman
City of La Quinta, California
LES JOHNSON
Planning Director
City of La Quinta, California
PLANNING COMMISSION RESOLUTION 2010-
CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP.
CONDITIONS OF APPROVAL - RECOMMENDED
April 13, 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. Prior to the issuance of a grading, construction or building permit, the
applicant shall obtain applicable permits and/or clearances from the following
agencies, if applicable or required:
• Riverside County Fire Marshall
• Public Works Department (Grading Permit, Improvement Permit)
• Planning Department
• Riverside County Environmental Health Department
• Desert Sands Unified School District (DSUSD)
• Coachella Valley Water District (CVWD)
• Imperial Irrigation District (IID)
• California Water Quality Control Board (CWQCB)
• South Coast Air Quality Management District Coachella Valley
• Public Utilities Commission (PUC)
• Federal Communication Commission (FCC)
• Federal Aviation Agency (FAA)
The applicant is responsible for all requirements of the permits or clearances
from the above listed agencies and departments. When the requirements
include approval of improvement plans, the applicant shall furnish proof of
said approvals prior to obtaining City approval of the plans.
3. The applicant shall reimburse the City, within thirty (30) days of presentment
of the invoice, all cost and actual attorney's fees incurred by the City
Attorney to review, negotiate and/or modify any documents or instruments
required by these conditions, if the applicant requests that the City modify or
revise any documents or instruments prepared initially by the City to effect
6
PLANNING COMMISSION RESOLUTION 2010-
CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP.
CONDITIONS OF APPROVAL - RECOMMENDED
April 13, 2010
these conditions. This obligation shall be paid in the time noted above
without deduction or offset and the applicant's failure to make such payment
shall be a material breach of the Conditions of Approval.
IMPROVEMENT PLANS
As used throughout these Conditions of Approval, professional titles such as
"engineer," "surveyor," and "architect," refer to persons currently certified or
licensed to practice their respective professions in the State of California.
4. Improvement plans shall be prepared by or under the direct supervision of
qualified engineers and/or architects, as appropriate, and shall comply with
the provisions of LQMC Section 13.24.040 (Improvement Plans).
5. The following plans shall be submitted to the Building and Safety Department
for review and approval. The plans shall utilize the minimum scale specified,
unless otherwise authorized by the Building and Safety Director in writing.
Plans may be prepared at a larger scale if additional detail or plan clarity is
desired. Note, the applicant may be required to prepare other improvement
plans not listed here pursuant to improvements required by other agencies
and utility purveyors.
A. On -Site Non-Residential/Commercial Precise Grading Plan:
1 " = 20' Horizontal
Other engineered improvement plans prepared for City approval that are not
listed above shall be prepared in formats approved by the City Engineer prior
to commencing plan preparation.
The applicant shall prepare an accessibility assessment on a marked up print
of the building floor plan identifying every building egress and notes the
2007 California Building Code accessibility requirements associated with
each door. The assessment must comply with submittal requirements of the
Building and Safety Department. A copy of the reviewed assessment shall be
submitted to the Engineering Department in conjunction with the Conditional
Use Permit when it is submitted for plan checking.
In addition to the normal set of improvement plans, an "On -site Precise
Grading" plan is required to be submitted for approval by the Building
Official, Planning Director and the City Engineer.
10
PLANNING COMMISSION RESOLUTION 2010-
CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP.
CONDITIONS OF APPROVAL - RECOMMENDED
April 13, 2010
"On -site Precise Grading" plans shall normally include all on -site surface
improvements including but not necessarily limited to finish grades for curbs
& gutters, building floor elevations, parking lot improvements and ADA
requirements.
6. Upon completion of construction, and prior to record drawing submittal of
the improvements by the City, the applicant shall furnish the City with
reproducible record drawings of all improvement plans which were approved
by the City. Each sheet shall be clearly marked "Record Drawing" and shall
be stamped and signed by the engineer or surveyor certifying to the accuracy
and completeness of the drawings. The applicant shall have all approved
mylars previously submitted to the City, revised to reflect the as -built
conditions. The applicant shall employ or retain the Engineer Of Record
during the construction phase of the project so that the EOR. can make site
visits in support of preparing Record Drawings. However, if subsequent
approved revisions have been approved by the City Engineer and reflect said
"As -Built" conditions, the Engineer Of Record may submit a letter attesting
to said fact to the City Engineer in lieu of mylar submittal.
PROPERTY RIGHTS
7. Prior to issuance of any permit(s), the applicant shall acquire or confer
easements and other property rights necessary for the construction or proper
functioning of the proposed development. Conferred rights shall include
irrevocable offers to dedicate or grant access easements to the City for
emergency services and for maintenance, construction and reconstruction of
essential improvements. Said conferred rights shall also include grant of
access easements to the City of La Quinta for the purposes of graffiti
removal by City staff or assigned agent in perpetuity and agreement to the
method to remove graffiti and to paint over the best match existing. The
applicant shall establish the aforementioned requirements in the CC&R's for
the development or other agreements as approved by the City Engineer.
Pursuant to aforementioned, the applicant shall submit and execute an
"AUTHORIZATION TO REMOVE GRAFFITI FROM PRIVATE PROPERTY" form
located at the Public Works Department counter prior to Certificate of
Occupancy.
11
PLANNING COMMISSION RESOLUTION 2010-
CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP.
CONDITIONS OF APPROVAL - RECOMMENDED
April 13, 2010
PRECISE GRADING
8. The applicant shall comply with the provisions of LQMC Section 13.24.050
(Grading Improvements).
9. Prior to occupancy of the project site for any construction, or other purposes,
the applicant shall obtain a grading permit approved by the City Engineer.
10. To obtain an approved grading permit, the applicant shall submit and obtain
approval of all of the following:
A. A grading plan prepared by a qualified engineer,
B. A preliminary geotechnical ("soils") report prepared by a qualified
engineer.
All grading shall conform to the recommendations contained in the
Preliminary Soils Report, and shall be certified as being adequate by a soils
engineer, or by an engineering geologist.
The applicant shall furnish security, in a form acceptable to the City, and in
an amount sufficient to guarantee compliance with the approved Fugitive
Dust Control Plan provisions as submitted with its application for a grading
permit.
11. The applicant shall maintain all open graded, undeveloped land in order to
prevent wind and/or water erosion of such land. All open graded,
undeveloped land shall either be planted with interim landscaping, or
stabilized with such other erosion control measures, as were approved in the
Fugitive Dust Control Plan.
12, Grading within the perimeter setback and parkway areas shall have
undulating terrain and shall conform with the requirements of LQMC Section
9.60.240(F) except as otherwise modified by this condition requirement.
The maximum slope shall not exceed 3:1 anywhere in the landscape setback
area, except for the backslope (i.e. the slope at the back of the landscape lot)
which shall not exceed 2:1 if fully planted with ground cover. The maximum
slope in the first six (6) feet adjacent to the curb shall not exceed 4:1 when
the nearest edge of sidewalk is within six feet (6') of the curb, otherwise the
12
PLANNING COMMISSION RESOLUTION 2010-
CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP.
CONDITIONS OF APPROVAL - RECOMMENDED
April 13, 2010
maximum slope within the right of way shall not exceed 3:1 . All unpaved
parkway areas adjacent to the curb shall be depressed one and one-half
inches (1 .5") in the first eighteen inches (18") behind the curb.
13. Building pad elevations on the rough grading plan submitted for City
Engineer's approval shall conform with pad elevations shown on the
Condition Use Permit 2009-124, unless the pad elevations have other
requirements imposed elsewhere in these Conditions of Approval.
14. Building pad elevations of perimeter lots shall not differ by more that one
foot higher from the building pads in adjacent developments.
15. Prior to the issuance of a building permit for any building lot, the applicant
shall provide a lot pad certification stamped and signed by a qualified
engineer or surveyor with applicable compaction tests and over excavation
documentation.
Each pad certification shall list the pad elevation as shown on the approved
grading plan, the actual pad elevation and the difference between the two, if
any. Such pad certification shall also list the relative compaction of the pad
soil. The data shall be organized by lot number, and listed cumulatively if
submitted at different times.
DRAINAGE
16. Stormwater handling shall conform with the approved hydrology and
drainage report for the Family Heritage Church project. Nuisance water shall
be disposed of in an approved manner.
11TILITIES
17. The applicant shall comply with the provisions of LQMC Section 13.24.110
(Utilities).
18. The applicant shall obtain the approval of the City Engineer for the location of
all utility lines within the right of way and all above -ground utility structures
including, but not limited to, traffic signal cabinets, electrical vaults, water
valves, and telephone stands, to ensure optimum placement for practical and
aesthetic purposes.
13
PLANNING COMMISSION RESOLUTION 2010-
CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP.
CONDITIONS OF APPROVAL - RECOMMENDED
April 13, 2010
19. Underground utilities shall be installed prior to overlaying hardscape. For
installation of utilities in existing improved streets, the applicant shall comply
with trench restoration requirements as required by the City Engineer.
The applicant shall provide certified reports of all utility trench compaction
for approval by the City Engineer. Additionally, grease traps and the
maintenance thereof shall be located so as to not conflict with access
aisles/entrances.
TLI<<ii��/e1i![�L
20. The applicant shall comply with the provisions of LQMC Section 13.24.160,
and shall make provisions for continuous, perpetual maintenance of all on -
site improvements, perimeter landscaping, access drives, and sidewalks. The
applicant shall maintain required public improvements until expressly released
from its responsibility by the appropriate public agency.
FEE AND DEPOSITS
21. The applicant shall pay the City's established fees for plan checking and
construction inspection. Fee amounts shall be those in effect when the
applicant makes application for plan checking and permits.
FIRE DEPARTMENT
22. An approved Fire Department access key lock box shall be installed next to
the approved Fire Department access door to the building. If the buildings are
protected with an alarm system the lock box shall be required to have
tampered monitoring. Required order forms and installation standards may be
obtained at the Fire Department.
23. The applicant shall install a portable fire extinguisher, with a minimum rating
of 2A-10BC, for every 3,000 square feet and/or 75 feet of travel distance.
Fire extinguishers shall be mounted 3.5 to 5 feet above finished floor,
measured to the top of the fire extinguisher. Where not readily visible, signs
shall be posted above all extinguishers to indicate their location.
Extinguishers must have current CSFM service tags affixed.
14
PLANNING COMMISSION RESOLUTION 2010-
CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP.
CONDITIONS OF APPROVAL - RECOMMENDED
April 13, 2010
24. No hazardous material shall be stored and/or used within the building, which
exceeds quantities listed in 2007 CBC. No Class 1, II, or IIIA of
combustible/flammable liquid shall be used in any amount in the building.
25. Exit designs, exit signs, door hardware, exit markers, exit doors, and exit
path marking shall be installed per the 2007 CBC.
26. Provide information indicting contact in events of emergency. Post
information on gate leading to wireless facility. Ensure that materials used for
posting are weather-proof resistant.
27. Nothing in the Fire Department's review shall be construed as encompassing
structural integrity. Review of this plan does not authorize or approve any
omission or deviation from all applicable regulations. Final approval is subject
to plan review and field inspection. All questions regarding the meaning of
the code requirements should be referred to the Fire Department at (760)
863-8886.
MISCELLANEOUS
28. The improvements to the site shall comply with the drawings submitted as
part of this Conditional Use Permit.
29. The applicant shall not occupy more than three (3) parking stalls for the
equipment enclosure improvements. The enclosure shall not extend past the
existing curb (to the north) and shall not extend into the drive aisle (to the
west). The enclosure shall be constructed of a decorative CMU block wall,
not to exceed a height of eight (8) feet, measured from finish floor.
30. The applicant shall make planting and irrigation improvements for the
planting of "bougainvillea" vines around the perimeter of the wall enclosure.
The applicant shall provide a planting area, with a depth of at least eighteen
(18) inches, along the western perimeter of the equipment enclosure to
accommodate planting and irrigation improvements.
31. None of the equipment, GPS antennas, cabinets, or other items associated
with this facility and contained within the equipment enclosure shall be
visible above the wall.
15
PLANNING COMMISSION RESOLUTION 2010-
CONDITIONAL USE PERMIT 2009-124; T-MOBILE WEST CORP.
CONDITIONS OF APPROVAL - RECOMMENDED
April 13, 2010
32. The applicant shall install a single monopalm tower not to exceed fifty-seven
(57) feet in height measured from finish floor to the top of the towers fronds.
The tower shall contain a maximum of three antenna arrays, for a total of
twelve (12) panel antennas. The panel antennas shall not exceed a height of
fifty (50) feet.
33. The applicant shall ensure adequate screening of the microwave antenna.
The microwave antenna shall be painted to match the trunk of the tower and
shall be placed at a height of forty (40) feet. The applicant shall install
additional downward -facing palm fronds to obscure the view of the
microwave antenna. The final design of the screening material shall be
approved by the Planning Department Director.
34. No cables, conduit or other equipment on the monopalm tower pole shall be
visible. All electrical work for the proposed antennas shall be contained
within the monopalm tower cavity. All ground equipment shall be placed
within the equipment enclosure.
35. Prior to sign off of building plans, the applicant shall provide the Planning
Department with evidence that the tower can accommodate potential future
collocation capacity with adequate screening.
36. The applicant shall negotiate in good faith for shared use by third parties; an
owner generally will negotiate in the order in which requests for information
are received, except an owner generally will negotiate with a party who has
received an FCC license or permit before doing so with other parties.
37. The entire facility shall be maintained in a condition consistent with the
conditions of this approval with no visible deterioration of the faux palm
treatment and all landscaping including the required additional two (2) palm
trees in a live healthy status. If the facility is not so maintained this approval
is subject to revocation or other correcting actions as determined appropriate
by the City.
38. This permit shall expire on April 13, 2012, unless a one-year time extension
is applied for and granted by the Planning Commission pursuant to Section
9.200.080 of the Zoning Code.
16
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OWNER -AGENT LETTER
OF AUTHORUATIION
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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
I requency/coverage testing.
Agent: Reliant Land Services
Maryann Harwood, Agent for T-Mobile
1594 N. Batavia Street
Orange, CA 92867
Ph 647-571-2738 Fax 714-685.0125
i
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: —71-4i0q I
tOwn
Aut iori nt Signature
Date: a2 d�Authorized A ignatura
26
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Federal Communications Commission
E� Wireless Telecommunications Bureau
RADIO STATION AUTHORIZATION
LICENSEE: OMNIP011 rr NY MTA LICENSE, LLC ATTACHMENT # 5
ATM: DAN MENSER
OMNIPOINT NY MTA LICENSE, LLC
12920 SE 38TH STREET
BELLEVUE, WA 98006
FCC Registration Number (FRN): 0002145696
Call Sign . File Number
WP7Y684 0002988544
Radio Service
CW - PCS Broadband
Grant Date I Effective Date Expimtion Date
02.28-2007 0S-22-2007 1 01-03.2017
Market Number
BTA262
Channel Block
Market Name
Los Angeles, CA
1st Build -Out D e 2nd Build -Out Date 3rd Build -Out Dale
12.07.2003 01.03-2007
Waivers(Conditions:
Print Date
11-03-2007
�t Designator
2
4th Build -Out Date
This authorization is subject to the condition that, in the event that systems using the same frequencies m granted herein
are authorized in an adjacent foreign territory (Cnnada/United States), future coordination of any base station
transmitters within72 km (45 miles) of the United States/Canada border shall be required to eliminate any
harmful interference to 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 meets its five-year construction requirement, whichever is sooner.
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 the use of
the frequencies designated in the license beyond the renal thereol' 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 19.14, 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 Communications Act of 1934, as amended. See 47 U.S.C. §606,
ro view the geographic areas associated with the license, go to the Universal Licensing System (ULS) homepage at
1ttp://wirelcss.fec.gov/uls and select "License Search". Fallow the instructions on how to search for license information.
FCC 601-MB
Page I of 2 Aupst 2007
27
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(805) 934-4535 office
(805) 980-4703 fax
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Project Information:
50' Palm Tree with 80 fronds by Cell Trees Inc.
David Weekley
(S80�) '4 451 ME)ffice
pg05) 980 4�703 fax
(�5�20) 730 7750 mof�ile
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Cell Trees Inc.
5401 S. Canada Place
Tuc-son, AZ S�5706,
(52rJ) 663-1330
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Reliant Land Services, Inc.
ATTACHMENT 8
Authorized Agent for T-Mobile, 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. 4200
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 "fan" palm. The monopalm will have
80 palm fronds to help add visual interest and additional screening. The application was originally
submitted with a proposed tree height of 70 ft. The new height of 57 ft reflects a nearly 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"d
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
34
40 Reliant Land Services, Inc.
proposed location but these are being overloaded by customer use or are too far in distance to provide
coverage in the proposed location creating a significant gap in coverage.
Co -location Options
As is required by the municipal code, T-Mobile looked first at co -location options and found that there
are four (4) other existing facilities in the general area. After performing further RF analysis, it was
determined that none of these locations were viable 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, which represent a significant gap in coverage, will be serviced with the proposed
location. We have attached a coverage map showing the existing co -location sites 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 be 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. 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.
• Adams Street Park: Could not meet the setback requirements to all property lines for a facility
or meet the height requirements to cover T-Mobile RF objective.
• La Ouinta Park: Location did not cover the RF objective. Area already covered by existing T-
Mobile site.
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.
In addition to the above compliance measures, T-Mobile also has a monthly landscape and facility
maintenance plan to cover the inside of the communication facility. In the case of this site, the church
will be responsible for the maintenance of the live trees and shrubbery around the CMU wall.
Please contact me at 949-375-0051 with any questions or requests for additional information.
Respectfully submitted,
Jay Greenwood
Authorized Agent for T-Mobile
35
PH#C
PLANNING COMMISSION
STAFF REPORT
DATE: APRIL 13, 2010
CASE NO.: ZONING ORDINANCE AMENDMENT 2010-100
APPLICANT: CITY OF LA QUINTA
REQUEST: CONSIDERATION OF THE FOLLOWING AMENDMENTS TO THE
LA QUINTA MUNICIPAL CODE: ADJUST THE GUESTHOUSE
PROVISIONS IN THE TABLE OF PERMITTED USES (9.40.040),
ADJUST THE GUESTHOUSE PROVISIONS IN THE
SUPPLEMENTAL RESIDENTIAL CODE (9.60.100), PROHIBIT
SINGLE-FAMILY HOMES WITHIN THE VILLAGE COMMERCIAL
DISTRICT (9.65.020), IDENTIFY GOLF CART SALES IN THE
TABLE OF PERMITTED USES (9.80.040), ADJUST THE
PERMITTED DATE FOR CHRISTMAS TREE SALES (9.100.080),
CORRECT AN ERROR IN THE USED CAR SALES REGULATIONS
(9.100.300), PERMIT THE USE OF SEASONAL SALES
BUSINESSES (9.100.310), AND ADDRESS MULTI -TENANT
OFFICE COMPLEXES WITH INTERIOR TENANTS IN THE SIGN
ORDINANCE (9.160.050).
LOCATION: CITY-WIDE
GENERAL PLAN/
ZONING
DESIGNATIONS: NOT APPLICABLE
ENVIRONMENTAL
DETERMINATION: THE PLANNING DEPARTMENT REVIEWED THE ZONING TEXT
AMENDMENTS UNDER THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND HAS
DETERMINED THAT THE AMENDMENTS ARE EXEMPT
PURSUANT TO SECTION 15061 (B)(3) OF THE CEQA
GUIDELINES.
BACKGROUND:
Since the prior code updates were approved last year, there have been a handful of
new policy determinations and error discoveries that necessitate a revision,
adjustment, or addition to the Municipal Code. Routine adjustments to the Code
are typical and necessary in order to stay up to date with state law, policy
ZOA 10-100 Planning Commission Staff Report 4/13/10
P:1Reports - PC\2010\4-13-10\ZOA 10-100\Stf Rpt ZOA 10-100.doc
determinations, and to correct inconsistencies. Staff previously brought forward
code updates to the Planning Commission on March 24 and June 9, 2009.
PROPOSAL:
A majority of the Zoning Code amendments being proposed with this update
involve code corrections, clarifications, or policy codifications that are in line with
past Planning Commission determinations and existing General Plan policies. Staff
is proposing some minor changes and additions to development standards that
affect temporary businesses, Christmas tree sales lots, and a prohibition on new
single family homes in the Village Commercial zoning district. All of the proposed
changes and additions are minor in nature and will not have an effect on existing
development.
Correcting and Adjusting the Guesthouse Provisions (9.40 040 and 9 60 100)
In September of 2007, staff brought forth a number of code amendments regarding
residential housing that were in response to changes in State housing laws. These
changes included eliminating the requirement for builders to obtain Minor Use
Permits to construct guesthouses (also referred to as casitas). Although there was
some follow up to correct identified errors to the guesthouse provisions in March of
2009, Staff has identified some additional inconsistencies and errors in the
guesthouse provisions.
One of the issues with the current guesthouse provisions relates to their current
prohibition in the Medium, Medium High, and High Density Residential Zoning
districts. At the time the current guesthouse code was drafted, there was an
erroneous assumption that higher density zoning districts would not contain single
family homes with lot sizes large enough to accommodate guesthouses. While
guesthouses are not permitted in multi -family housing developments, staff
determined that there were some existing single-family housing developments
located within Medium, Medium High, and High Density Residential Zoning districts
that had existing lot sizes large enough to accommodate a guesthouse. Some of
these higher -density projects were found to contain existing guesthouses that were
approved before the guesthouse code update in 2007.
Two existing projects which fall under this scenario are Desert Cove and Trilogy.
Trilogy is zoned for Medium High Density Residential while Desert Cove, located at
the northeast corner of Avenue 48 and Adams Street, is zoned for High Density
Residential. Both projects consist of single-family homes with larger lot sizes.
Although Trilogy permits guesthouses through their Specific Plan, Desert Cove does
not, yet a majority of the homes within the Desert Cove neighborhood have existing
approved guesthouses. As a result of scenarios such as these, staff is proposing to
modify the Residential Table of Permitted Uses to allow guesthouses with single
ZOA 10-100 Planning Commission Staff Report 4/13/10 page 2�f 6
P:\Reports - PC\2010\4-13-10\ZOA 10-100\Stf Rpt ZOA 10-100.doc
family homes in all zoning districts (Attachment: ZOA 10-100 Resolution Exhibit
„A„).
Another issue with the guesthouse provisions relates to the use of footnotes in the
Residential Table of Permitted Uses. The code typically identifies specific
provisions within a separate chapter, rather than in footnotes attached to a table.
The insertion of tabular footnotes to regulate guesthouses is inconsistent with the
method other code chapters are written, especially in light of the fact that
guesthouses already have their own specific code section. Staff is proposing to
correct this formatting inconsistency by relocating the guesthouse footnote
provisions and incorporate them into the guesthouse code chapter of the code,
Section 9.60.100 (Attachment: ZOA 10-100 Resolution Exhibit "B").
Staff is also proposing to permit more than one guesthouse in Low and Very Low
Density Residential zoned properties with Director's approval. This is in part
because of past requests from homeowners wishing to construct a second
guesthouse on larger properties that could adequately accommodate them. This is
also partly in response to interest from residents and developers who have
proposed constructing homes with exterior -accessed bedrooms, common with
traditional hacienda -style architecture. These types of bedrooms that do not have
interior access to the rest of a house are defined under the code as guesthouses.
Any director's decision regarding guesthouses could be appealed to the Planning
Commission (Attachment: ZOA 10-100 Resolution Exhibit "B").
Finally, staff is proposing to delete an erroneous reference to second dwelling units
in the guesthouse provisions. This reference pre -dates the 2007 code update
which created a new, separate chapter regulating second dwelling units
(Attachment: ZOA 10-100 Resolution Exhibit "B").
Prohibiting Single -Family Homes in the Village Commercial District (9 65 020)
While the code currently permits the construction of a single-family home in the
Village Commercial district with approval of a Village Use Permit, the General Plan
specifically references residential development as being appropriate in the Village
when developed at Medium High and High densities. Past policy discussions with
Commission and Council have supported the interest in higher -density residential
development in the Village. Based upon General Plan policy, past policy
discussions, and the policy of encouraging mixed -use and higher density
development within the Village, Staff is proposing that the code provision
permitting single-family homes in the Village with an approved Village Use Permit
be removed (Attachment: ZOA 10-100 Resolution Exhibit "C").
ZOA 10-100 Planning Commission Staff Report 4/13/10 Page 3 f 6
P:\Reports - PC\2010\4-13-10\ZOA 10-100\Stf Rpt ZOA 10-100.doc
Identify Golf Cart Sales in the Table of Permitted Uses (9.80 040)
On November 24, 2009, the Planning Commission made the policy determination
that golf carts, neighborhood electric vehicles (NEV), and electric scooter sales are
a permitted use in the Regional Commercial (CR), Community Commercial ICC), and
Commercial Park (CP) zoning districts. This code update will identify them as a
permitted use within these zones in the Non -Residential Table of Permitted Uses
(Attachment: ZOA 10-100 Resolution Exhibit "D").
Adjust the Permitted Date for Christmas Tree Sales (9.100.080)
The current Christmas Tree Sales Ordinance requires that temporary outdoor
Christmas tree sales lots begin operation no sooner than the Monday following
Thanksgiving. As a result, Christmas tree sellers are unable to begin their sales the
day after Thanksgiving, on the busiest shopping weekend of the year. Most
Christmas tree sales lots obtain their permit approval and set up prior to
Thanksgiving, but are unable to operate through the Thanksgiving holiday weekend.
Potential nuisance and circulation issues are always addressed for each Christmas
tree sales lot application on a case -by -case basis. Approval of this code change
would permit temporary Christmas tree sales lots to begin sales operations the day
after Thanksgiving (Attachment: ZOA 10-100 Resolution Exhibit "E").
Correct an Error in the Used Car Sales Provisions (9.100.300)
In June of 2009, the Planning Commission approved a new section regulating
stand-alone used car sales facilities. The approved text referenced that stand-alone
used car sales were permitted in the Regional Commercial zoning district with an
approved Conditional Use Permit (CUP), but neglected to identify that used car
sales were also permitted with a CUP in the Commercial Park zoning district, as
correctly identified in the Non -Residential Table of Permitted Uses. This proposal
would correct the omission by removing the zoning district reference and more
appropriately refer the reader to the Non -Residential Table of Permitted Uses
(Attachment: ZOA 10-100 Resolution Exhibit "I"').
Permit the Use of Seasonal Sales Businesses (9.100.310)
In recent years, staff has seen growth in the number of temporary seasonal
businesses in La Quinta, such as Halloween and Christmas stores. Because these
types of businesses typically open for less than 90 days, installing a permanent
electric sign is usually infeasible. In addition, because of their short-term nature
and tendency to locate in existing tenant spaces, they are less likely to obtain a
building permit or business license.
ZOA 10-100 Planning Commission Staff Report 4/13/10 Page 4 f 6
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In response to these issues, staff is proposing a code section that allows temporary
businesses to operate and install temporary sign lettering under an approved
Temporary Use Permit (TUP). Temporary businesses will be defined in the code
chapter as those operating for less than 90 days and, through approval of a TUP,
would be subject to the same evaluation process that temporary outdoor
businesses such as farm stands and sidewalk sales adhere to, including the
requirement of a City of La Quinta Business License and point of sale. Through the
TUP approval process, temporary businesses would be permitted to install one -inch
thick temporary plastic lettering on a building in accord with the sign code or
existing sign program (Attachment: ZOA 10-100 Resolution Exhibit "G").
Accommodate Interior Tenants in the Sign Code (9.160.050)
The sign code currently does not clearly accommodate situations where interior
tenants lack street frontage in a multi -tenant building. These types of second -story
interior tenants in commercial projects are currently indentified in Table 9-19 as
being unable to have exterior signage. This code amendment would modify the
table so that interior tenants in a multi -tenant building seeking exterior sign area
may do so through an approved sign program (Attachment: ZOA 10-100 Resolution
Exhibit "H").
ANALYSIS:
All of the proposed codifications, changes, and additions are minor in nature, will
not have an effect on existing development or the environment, and are in
compliance with past policy determinations and the General Plan. Code errors are a
typical by-product of the code update process due to typographical errors,
omissions in recorded ordinances, or cross-referencing errors where duplicated or
obsolete portions of code are overlooked.
None of the proposed Zoning Ordinance Amendments are a departure from past
departmental policies and practices. The proposed new section requiring temporary
seasonal businesses to obtain a Temporary Use Permit is similar to existing codes
that regulate comparable businesses such as outdoor vendors, farm stands, and
sidewalk sales. The new procedure is intended to provide staff an opportunity to
better communicate with these types of businesses, ensure that they comply with
the appropriate zoning, obtain a business license and building permit if necessary,
and install an aesthetically appropriate temporary sign. The proposed prohibition on
Single Family Homes in the Village is reflective of existing General Plan policy
limiting residential development in the Village to higher densities. The proposed
change to allow Christmas tree sales a few days earlier will have no effect on
parking or traffic circulation during the weekend after Thanksgiving because
potential issues are individually addressed by staff. Finally, the adjustment to
accommodate interior second -story tenants in the Sign Code will clearly provide a
ZOA 10-100 Planning Commission Staff Report 4/13/10
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way for those businesses to obtain exterior signs in accord with existing Sign
Program regulations. Staff believes these changes to the code are a positive
improvement will not affect existing development.
CEQA:
The approval of the Zoning Ordinance Amendments has been determined to be
exempt from the California Environmental Quality Act (CEQA). Because the
proposed changes to the Zoning Ordinance constitute either error corrections, the
codification of existing policy, or procedural clarifications, the ordinance
amendments will have no impact on the environment. Future projects that may be
affected by changes to the ordinance would be reviewed under CEQA individually,
and would have their impacts addressed under CEQA.
PUBLIC NOTICE:
This request was published in the Desert Sun newspaper on April 2, 2010. To
date, no letters have been received. A copy of this request has been sent to all
applicable public agencies and City Departments.
STATEMENT OF MANDATORY FINDINGS:
Findings to recommend approval of the Zoning Ordinance amendments can be
made and are contained in the attached Resolution.
RECOMMENDATION:
1 , Adopt a Planning Commission Resolution recommending approval of Zoning
Code Amendment 2010-100 to the City Council.
Prepared by:
An¢f� J. Mogensen, AICP
Pr' ipal Planner
ZOA 10-100 Planning Commission Staff Report 4/13/10
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PLANNING COMMISSION RESOLUTION 2010-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING ORDINANCE AMENDMENT 2010-100, 1.)
TO ADJUST THE GUESTHOUSE PROVISIONS IN THE TABLE OF
PERMITTED USES (9.40.040), 2.) TO ADJUST THE GUESTHOUSE
PROVISIONS IN THE SUPPLIMENTAL RESIDENTIAL CODE (9.60.100),
3.) TO PROHIBIT SINGLE FAMILY HOMES WITHIN THE VILLAGE
COMMERCIAL DISTRICT (9.65.020), 4.) TO IDENTIFY GOLF CART
SALES IN THE NON-RESIDENTIAL TABLE OF PERMITTED USES
(9.80.040), 5.) TO ADJUST THE PERMITTED DATE FOR CHRISTMAS
TREE SALES (9.100.080), 6.) TO CORRECT AN ERROR IN THE USED
CAR SALES REGULATIONS (9.100.300), 7.) TO PERMIT THE USE OF
SEASONAL SALES BUSINESSES (9.100.310), AND 8.) AND TO
ADDRESS MULTI -TENANT OFFICE COMPLEXES WITH INTERIOR
TENANTS IN THE SIGN ORDINANCE (9.160.050).
CASE NO.: ZONING ORDINANCE AMENDMENT 2010-100
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta,
California, did on the 13" of April, 2010, hold a duly noticed Public Hearing for
review of a Zoning Ordinance Amendment to adjust the guesthouse provisions in
the Table of Permitted Uses (9.40.040), to adjust the guesthouse provisions in the
Supplimental Residential Code (9.60.100), to prohibit single family homes within
the Village Commercial District (9.65.020), to identify golf cart sales in the Non -
Residential Table of Permitted Uses (9.80.040), to adjust the permitted date for
Christmas Tree Sales (9.100.080), to correct an error in the used car sales
regulations (9.100.300), to permit the use of seasonal sales businesses
(9.100.310), and to address multi -tenant office complexes with interior tenants in
the Sign Ordinance (9.160.050), and
WHEREAS, said Zoning Ordinance Amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act
of 1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning
Department has reviewed the Amendment under the provisions of CEQA, and has
determined that the Amendment is exempt pursuant to Section 15061(B)(3),
Review for Exemptions of the CEQA Guidelines; and
WHEREAS, the Planning Department published the public hearing
notice in the Desert Sun newspaper on April 2, 2010, as prescribed by the
Municipal Code; and
7
Planning Commission Resolution 2010-
Zoning Ordinance Amendment 2010-100
April 13, 2010
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard,
said Planning Commission did make the following mandatory findings
recommending approval of said Zoning Ordinance Amendment:
1. The proposed Zoning Ordinance Amendment is consistent with the General
Plan, insofar as it amends the Zoning Code to be consistent with California
requirements for second units; implements existing City policies that are in
conformance with those in the General Plan; removes inconsistent,
conflicting, and incompatible portions of text; does not create any new or
changed conditions to the environment, and allows for continued high quality
development in the City. Because the amendments are either corrections,
clarifications, or the codification of current policies and interpretations, the
code amendment is consistent with the goals, objectives and policies of the
General Plan.
2. Approval of the Zoning Ordinance Amendment will not create conditions
materially detrimental to the public health, safety and welfare, and will have
no impacts on the public health, safety and welfare.
3. The Zoning Ordinance Amendment has been determined to be exempt from
the California Environmental Quality Act in that the proposed changes to the
Municipal Code will have no effect on the environment.
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 constitute the findings of the
Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of Zoning
Ordinance Amendment 2010-100 as set forth in attached Exhibits A through
H to the City Council for the reasons set forth in this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on the 131h day of April, 2010, by the following
vote, to wit:
AYES:
NOES:
H
Planning Commission Resolution 2010-
Zoning Ordinance Amendment 2010-100
April 13, 2010
ABSENT:
ABSTAIN:
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
LES JOHNSON, Planning Director
City of La Quinta
0
Exhibit "A"
9.40.040 Residential Table of Permitted Uses.
Table 9-1 Permitted Uses in Residential Districts
P =Principal
use
District
A=
Accessory use
Very
Medium-
C =
Low
Low
Medium
High
High
Conditional
Density
Density
Cove
Density
Density
Density
use permit
Residential
Residential
Residential
Residential
Residential
Residential
M = Minor
use permit
H = Home
occupation
permit
S = Specific
plan required
X =
Prohibited use
Land Use
RVL
RL
RC
RIM
RMH
RH
Accessory
Uses and
Structures
Guesthouses,
A
A
A
X A
X A
X A
subject to
Section
9.60.100
Second
A
A
A
A2
A
A
Residential
Units,
subject to
Section
9.60.0904-3
MOM
NO OR a
10
P�ffirc.v�,
........ ......
�11
IM—..
M Wom
Y N
.. ...... . ..............
. .... .....
Exhibit "B"
9.60.100 Guesthouses.
A. Purpose. This section provides standards and criteria for the
establishment of guesthouses where such units are permitted in accordance
with Section 9.40.040.
B. Definitions. For purposes of this code, the following definitions shall
apply:
1. "Guest house" means a detached or attached unit which has
sleeping and sanitary facilities but no cooking facilities and which is
used primarily for sleeping purposes by members of the family
occupying the main building, their nonpaying guests, and domestic
employees.
2. "Living area" means the interior habitable area of a dwelling unit,
including basements and attics (if permitted) and shall not include a
garage or any accessory structure.
C. Limitations, Orly --erne One seeand Fesiun,a;usp er guesthouse may be
established on any single-family residential lot uRder ten c S ;n size,gR
addition to thy.
;-' r FesidenGe as a permitted accessory use. T,; "o;OFe;
ne MeFe thaR tove residential units on a single lot under ten aeFes aFe
In the cove residential,
medium density residential medium high density residential and high density
residential zones, only one quest house may be permitted on a lot unless
otherwise approved through a specific plan In the very low density
residential and low density residential zones more than one quest house may
be permitted with Planning Director approval
D. Standards for Guesthouses. w guesthouse may be eenStFUeted as aR
permit. Guesthouses shall not be permitted when duplexes tri-plexes or
apartments occur on the lot. All guesthouses shall conform to the following
standards:
1 . Detached guesthouses shall conform to all applicable building
code standards and all development and design standards of the
zoning district in which they are located. In addition, the height of the
guesthouse shall not exceed seventeen feet and shall not be more
than one story.
12
2. Guesthouses shall be architecturally compatible with the main unit
3. The floor area of the guesthouse shall not exceed thirty percent of
the existing living area of the principal residence.
4. The placement of a guesthouse on a lot shall not result in violation
of the lot coverage maximums set forth in Section 9.50.030.
5. There shall be no kitchen or cooking facilities within a guesthouse.
6. A guesthouse shall be used only by the occupants of the main
residence, their non-paying guests, or domestic employees. The
guesthouse shall not be rented or otherwise occupied separately from
the main residence.
7. A deed restriction shall be required for recordation against the
property to prohibit the use or conversion of the guesthouse to a
rental unit, to a unit for sale, or to add a kitchen or cooking facility.
8. If a private sewage disposal system is used, approval of the local
health officer shall be required.
9. When constructed with tract homes or prototypical residential
units, guesthouse location and design shall be reviewed and approved
as a part of the Site Development Permit process On an individual
single family lot of record guesthouses shall be reviewed and
approved for conformance with these provisions during the building
permit plan check process.
13
Exhibit "C"
9.65.020 Permitted uses.
A. Permitted uses in the VC zoning district will combine essential day-
to-day neighborhood goods and services, tourism and visitor -based retail and
entertainment opportunities, and facilities necessary for the operational
demands of such uses.
B. The following uses are permitted in the VC zoning district with
approval of a Village use permit (VUP), pursuant to the procedures set forth
in Section 9.65.040. Where a determination on a particular use is necessary,
it shall be made pursuant to Section 9.65.040(C):
1 . Single and Multifamily Residential dwellings. Such uses include town
heaves condominiums, apartments and similar housing types. Residential
density shall be determined on a site specific basis, based on the
development capacity for the proposed project uses on the site. The ultimate
decision on density shall rest with the planning commission;
14
Exhibit "D"
9.80.040 Table of permitted uses.
Table 9-5 Permitted Uses In Nonresidential Districts (Continued)
P = Principal use
District
A = Accessory use
Regional
Commercial
Commercial
Park
Community
Commercial
Neighborhood
Commercial
Tourist
Commercial
Office
Commercial
Major
Community
Facilities
C = Conditional use permit
M = Minor use permit
T = Temporary use permit
X = Prohibited use
Land Use
CR
CP
CC
CN
CT
CO
MC
Automotive Uses
(Subject to Section
9.100.120, Outdoor
storage and display)
Golf cart, Neighborhood
P
P
P
X
X
X
X
Electric Vehicle (NEV), and
electric scooter sales
15
Exhibit "E"
9.100.080 Christmas tree sales.
Temporary Christmas tree sales facilities are permitted subject to
approval of a temporary use permit and the following requirements:
A. The facility shall not be established prior to the Menday foil
Thanksgiving in any calendar year.
B. Such a facility shall not engage in the sale of any merchandise not
directly associated with Christmas trees and Christmas decorations.
C. The applicant shall secure an electrical permit.
D. The facility shall be removed and the premises shall be cleared of all
debris and restored to the condition existing prior to the establishment of the
facility by the January 8th following the applicable Christmas holiday. A
cash bond or other guarantee shall be posted prior to establishment of the
facility to ensure cleanup.
E. Each facility shall comply with fire prevention standards as approved
and enforced by the fire marshal.
F. Off-street parking and vehicular access shall be provided to the
satisfaction of the director.
G. Signs shall be restricted to one banner sign per street frontage, each
sign not exceeding thirty-two square feet. Other signs and advertising
devices such as pennants, flags, A -frame signs, are prohibited. (Ord. 284 §
1 (Exh. A) (part), 1996)
16
Exhibit "F"
9.100.300 Used Vehicle Sales Not Associated with a New Vehicle Sales
Facility
A. Use Permit Required. Used vehicle sales not associated with a new
vehicle sales facility may be permitted OR the ro d;,,,,i , in certain zoning
districts subject to approval of a conditional use permit when consistent with
a Specific Plan, as per the Non -Residential Table of Permitted Uses. Used
vehicle sales facilities are subject to the use and design standards herein.
17
Exhibit "G"
9.100.310 Seasonal Sales Businesses
A. Purpose. This section provides regulations for temporary businesses
operating at a single location within an existing commercial building or
interior tenant space on a seasonal or short-term basis for a period not to
exceed 90 consecutive days within a calendar year. This chapter shall not
apply to those businesses which intend to operate or have been in operation
longer than a 90 day period at a single location
B. Where Permitted. Seasonal sales businesses may be permitted with a
Temporary Use Permit as per Section 9 210 050 when identified as a
permitted land use under Section 9.80 040
C. City Business License Required All seasonal businesses shall obtain a
City Business License and have a point of sale within the City of La Quinta
D. Signs. Temporary signs for seasonal sales businesses shall be
permitted in accord with Section 9.160.050 through approval of the
Temporary Use Permit. Permitted temporary sign material shall be limited to
a minimum one -inch thick plastic formed lettering affixed to the building
facade. All sign lettering shall promptly be removed upon expiration of the
Temporary Use Permit and the facade shall be restored to its prior condition
Seasonal sales businesses shall not be permitted an additional sign permit for
a "grand opening" banner or permanent sign
K
Exhibit "H"
9.160.050 Permanent signs in nonresidential districts.
Table 9-19 Permanent Signs Permitted in Nonresidential Districts With a Sign
Permit
Note: Freestanding signs shall not be located within 5 feet of a street right-of-
way nor within a corner cutoff area identified in Section 9.100.030.
Note: "ID" means identification sign.
Note: Signs required by law shall be allowed at the minimum size specified by
such law.
Sign Type
Maximum
Maximum
Maximum
IlluminationgReqe
l
and
Number
Area
Height
s
Placement
Building-
1 flush-
Flush-
8 ft.
Direct or
tmounted
or
mounted
mounted: 1
indirect for
permanent
plus 1
sq. ft. per
all signs
window ID
under-
lineal ft. of
signs for
canopy per
lease
goun
individual
tenant
frontage up
floor in
commercial
frontage
to
buildings
or office
along a
maximum
with only
tenants
street or
of 50 sq.
interior
along a
ft.
access
common-
aggregate
above
use parking
Under-
ground
lot with no
canopy: 3
floor shall
direct street
sq. ft.
require a
frontage
sign
ro ram
19
PH#D
PLANNING COMMISSION
STAFF REPORT
DATE: APRIL 13, 2010
CASE NO.: ZONING ORDINANCE AMENDMENT 2010-101
APPLICANT: CITY OF LA QUINTA
REQUEST: CONSIDERATION OF THE FOLLOWING AMENDMENTS
TO THE LA QUINTA MUNICIPAL CODE: TO RESTRICT
THE PLACEMENT OF PERMITTED TEMPORARY SIGNS
WITHIN THE PUBLIC RIGHT-OF-WAY (9.160.060); AND
TO REVISE TABLE 9-17 TO CHANGE MAXIMUM SIGN
SIZE AND HEIGHT RESTRICTIONS FOR EXEMPT SIGNS
(9.160.020).
LOCATION
GENERAL PLAN/
ZONING
DESIGNATIONS:
ENVIRONMENTAL
DETERMINATION:
BACKGROUND:
CITY WIDE
NOT APPLICABLE
THE PLANNING DEPARTMENT REVIEWED THE ZONING TEXT
AMENDMENTS UNDER THE PROVISIONS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) AND HAS
DETERMINED THAT THE AMENDMENTS ARE EXEMPT
PURSUANT TO SECTION 15061(13)(3) OF THE CEQA
GUIDELINES.
The La Quinta Municipal Code sign provisions were previously amended on May 5,
2009. These amendments restricted the placement of permitted temporary signs
within the public right-of-way, reduced the posting period from 60 to 45 days prior
to the event, and revised the maximum size and height standards for exempt
directional and non-profit public information signs.
A majority of City Council members recently requested reconsideration of the City's
sign code provisions, specific to the placement of permitted temporary signs,
including event signs, directional signs and political signs, within the City's public
right-of-way. At the City Council meeting of December 1, 2009, Council Member
Evans requested a study session be scheduled for the January 19, 2010 meeting
where concerns were raised over the aesthetic impacts, sign placement within the
public right-of-way, number of signs, and maximum time period allowable for sign
placement (Attachment 1). On February 16, 2010, City Council moved by a vote
of 3-2 to initiate the amendment process.
PROPOSAL:
This particular Zoning Code amendment specifically applies to the sign provisions
contained within Section 9.160 of the Zoning Code. The proposed amendments
include changes to temporary sign placement within the public right-of-way,
increasing the maximum time period for signs from forty-five (45) to sixty (60)
days, increasing the maximum number of temporary signs from fifty (50) to one
hundred (100), amending language to clarify maximum number of temporary signs
on a single parcel of property and visibility of such signs (Attachment 2).
Placement in Public Right -of -Way
Part F of Section 9.160.060 identifies placement restrictions for permitted
temporary signs. Signs which are considered permitted temporary include garage
sales, seasonal sales signs, and political signs. Sign placement is prohibited within
the public right-of-way. Prior to the most recent sign code amendment, event signs
and election signs could be placed within five (5) feet of curb or edge of pavement,
which included placement within the center median of the public right-of-ways.
The proposed amendment would allow the placement of temporary signs within
five (5) feet of curb or edge of pavement but would also prohibit such signs within
the center medians.
Increase in Maximum Time Period
Part B of Section 9.160.060 specifically addresses the maximum time period
allowed for posting temporary signs. The current provision allows a maximum
posting of forty-five (45) consecutive days. The proposed amendment would
increase the maximum posting to sixty (60) days.
Increase in Maximum Number
Part E addresses the maximum number of temporary signs allowed per application,
which is currently fifty (50). The proposed amendment would increase the
maximum number of signs to not exceed one hundred (100).
Clarification of Miscellaneous Items
The two items identified for clarification are located within Part F (Placement
Restrictions) of Section 9.160.060. The language in question currently reads
"Temporary signs shall be placed no less than two hundred feet apart from identical
or substantially similar temporary signs and shall not be visible simultaneously with
the boundaries of the city." The intent and purpose of this language is to ensure
that temporary sign postings near city limits are not influenced by postings in
neighboring cities. New language has been proposed to clarify this matter.
2
Deposits
Part G of Section 9.160.060 identifies the requirement of a refundable deposit in
order to insure that all temporary signs are properly removed once the permitted
posting time expires. The proposed amendment language identifies that only 50%
of the deposit (currently established at $200) will be refunded to the applicant.
ANALYSIS:
As previously stated, this code update has come at the request of the City Council
as concerns have been raised regarding the ability for persons to adequately view
political signs posted in the community. During the January 19, 2010 study
session meeting concerns were raised over the aesthetic impacts, sign placement
within the public right-of-way, number of signs, and maximum time period
allowable for sign placement. The proposed amendment addresses these items.
Signs located within the center median of a public right-of-way create a visual
impediment to drivers, create a potential safety hazard to those placing and
removing the signs, and can be an aesthetic nuisance. Though prohibiting such
signs from being placed in the medians may limit visibility and exposure of these
signs it does minimize the risk faced with the placement and removal of temporary
signs in locations that require entering into arterials accustomed to heavy volumes
of traffic typically traveling at speeds in excess of 50 miles per hour.
The amendment proposes to allow for twice the number of temporary signs per
application, increasing the number from fifty (50) to one hundred (100). It should
be noted that a particular candidate or issue could have more than one application
for placement of temporary signs. For example, a candidate can make application
and receive approval for the placement of temporary signs while another party
could also make application for the placement of temporary signs for that particular
candidate. Other parties could also do the same to where the number of signs
could be a considerable amount. By increasing the number of such signs from 50
to 100 could have a significant effect should there be multiple applications from
different parties for the same candidate or issue. Staff recommends that the
Planning Commission give careful consideration to this proposed amendment item.
The current maximum posting period for permitted temporary signs is forty-five (45)
days. The code amendment will increase the maximum time length to sixty (60)
days. The increase in number of days will likely have a nominal impact overall, but
will provide greater exposure to those who choose to vote via absentee ballot,
which is typically cast well in advance of the actual voting date.
The proposed amendment to retain 50% of the deposit has been brought forth in
order to help recapture the cost associated with enforcement and collection of
3
temporary signs being placed in violation of the code requirements. As the fee
schedule currently provides for a deposit of $200 for each application, the applicant
would be entitled to a refund of $100 if all signs are properly removed.
lei*STA
The approval of the Zoning Ordinance Amendments has been determined to be
exempt from the California Environmental Quality Act (CEQA). The activity of
amending the sign ordinance is covered by the general rule that CEQA only applies
to projects with a potential for causing a significant effect on the environment.
Future projects that may be affected by changes to the ordinance would be
reviewed under CEQA individually, and would have their impacts addressed under
CEQA.
Public Notice:
This request was published in the Desert Sun newspaper on April 2, 2010. To
date, no letters have been received. A copy of this request has been sent to all
applicable public agencies and City Departments. Any comments from public
agencies have been included in the recommended conditions of approval.
STATEMENT OF MANDATORY FINDINGS:
Findings to recommend approval of the Zoning Ordinance Amendment can be made
and are contained in the attached Resolution.
RECOMMENDATION:
1. Adopt Planning Commission Resolution recommending approval of Zoning
Ordinance Amendment 2010-101 to the City Council.
Prepared by:
Id
O
Les Johnson
Planning Director
Attachments:
1. City Council Study Session — January 19, 2010
2. City Council Meeting — February 16, 2010
3. Exhibit A (Section 9.160.060)
El
PLANNING COMMISSION RESOLUTION 2010-101
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA
QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF ZONING ORDINANCE AMENDMENT 2010-101: TO
RESTRICT THE PLACEMENT, NUMBER AND DURATION OF PLACEMENT
OF PERMITTED TEMPORARY SIGNS WITHIN THE PUBLIC RIGHT-OF-
WAY (9.160.060).
CASE NO.: ZONING ORDINANCE AMENDMENT 2010-101
APPLICANT: CITY OF LA QUINTA
WHEREAS, the Planning Commission of the City of La Quinta, California,
did on the 13" of April, 2010, hold a duly noticed Public Hearing for review of a
Zoning Ordinance Amendment to limit the placement of permitted temporary signs
within the public right-of-way, the number of such signs and the maximum time
period temporary signs are posted; and
WHEREAS, said Zoning Ordinance Amendment has complied with the
requirements of "The Rules to Implement the California Environmental Quality Act of
1970" (CEQA) as amended (Resolution 83-63) in that the La Quinta Planning
Department has reviewed the Amendment under the provisions of CEQA, and has
determined that the Amendment is exempt pursuant to Section 15061(13)(3), Review
for Exemptions of the CEQA Guidelines; and
WHEREAS, the Planning Department published the public hearing notice
in the Desert Sun newspaper on April 2, 2010, as prescribed by the Municipal Code;
and
WHEREAS, at said public hearing, upon hearing and considering all
testimony and arguments, if any, of all interested persons wanting to be heard, said
Planning Commission did make the following mandatory findings recommending
approval of said Zoning Ordinance Amendment:
1. The proposed Zoning Ordinance Amendment is consistent with the General
Plan, insofar as it implements existing City policies that are in conformance
with those in the General Plan; removes inconsistent, conflicting, and
incompatible portions of text; and allows for continued high aesthetic quality of
public right-of-way in the City. Because the amendments are corrections,
clarifications, or minor revisions to the current policies and interpretations, the
code amendment is consistent with the goals, objectives and policies of the
General Plan.
5
Planning Commission Resolution 2010-
Zoning Ordinance Amendment 2010-101
April 13, 2010
2. Approval of the Zoning Ordinance Amendment will not create conditions
materially detrimental to the public health, safety and welfare, and will have no
impacts on the public health, safety and welfare.
3. The Zoning Ordinance Amendment has been determined to be exempt from the
California Environmental Quality Act in that the proposed changes to the
Municipal Code will have no effect on the environment.
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 constitute the findings of the Planning
Commission in this case.
2. That the Planning Commission does hereby recommend approval of Zoning
Ordinance Amendment 2010-101 as set forth in attached Exhibit A to the City
Council for the reasons set forth in this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La
Quinta Planning Commission, held on the 131h day of April, 2010, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ED ALDERSON, Chairman
City of La Quinta, California
ATTEST:
LES JOHNSON, Planning Director
City of La Quinta
3
City Council Minutes
ATTACHMENT 1
g January 19, 2010
going to
wishes to
Genovese stated staff can investigate the rules but part of it is
sown to the political role of the issue if t y Council
Council Member Henderson if t Attorney is prepared to give a
definitive opinion. Attorney Jenson stat a is willing to contact
RCTC cou or County counsel and investigate t visions of the
aAre t for repayment of the shortfall. The City Council concurree
2. DISCUSSION OF LA QUINTA MUNICIPAL CODE SECTION 9.160.060 —
PERMITTED TEMPORARY SIGNS.
In response to Mayor Adolph, Council Member Evans stated she requested
this matter be brought back for discussion because she was not present
when the changes were made to the ordinance in 2009; and requested staff
to identify the changes and the implications of prohibited temporary signs.
Planning Director Johnson explained the amendment affects the size of
directional and non-profit informational signs, prohibits placement of political
signs within the public right-of-way, and reduces the duration of placement
from 60 to 45 days.
Council Member Henderson asked where the signs can be placed. Planning
Director Johnson stated they are limited to private property.
Mayor Adolph asked if Council Member Evans is clear where the signs are
allowed to be posted. Council Member Evans confirmed.
Council Member Sniff stated he has no problem looking at the current
ordinance and what is specifically prohibited; requested this item be brought
back to discuss the reasonable amount of signs posted during a reasonable
period of time; and would like to take another look and discuss possible
amendments to the ordinance.
Mayor Adolph stated the City did not spent hundreds of thousands of dollars
to beautify the City to have signs posted in the landscaped areas; stated he
views the signs as eye pollution, and commented on.the number of illegal
signs picked up by Code Compliance.
Council Member Sniff stated he understands Mayor Adolph's concern but
stated the reason many signs were removed by Code Compliance may be
due to the ordinance being overly restrictive; stated the posting of signs
7
City Council Minutes 9 January 19, 2010
throughout the city enables unknown candidates to compete fairly with
incumbents.
Mayor Adolph conveyed disagreement with Council Member Sniff's points.
Council Member Henderson stated she recalls the motion made by former
Council Member Kirk to amend the ordinance and prohibit posting temporary
signs in the right-of-way; there are a number of communities that have
adopted the prohibition; and the problem has been to coordinate the
regulation of temporary directional signs and political signs.
Council Member Sniff requested this matter be brought back for discussion
and possible amendment. Council Members Evans and Franklin concurred.
City Attorney Jenson stated this item can be brought back for Council
approval to initiate proceedings to take action as a public hearing item.
REPORTS AND INFORMATIONAL ITEMS
Anim ampus Commission — Council Member Franklin reported a guest requested
support fr the Commission to establish permit requirements for groomers; and
another guest ouncad an event was held last weekend which received n tional
attention for their its to spay/neuter and vaccinate as many dogs a cats as
they could accommoda
Jacqueline Cochran Regional Al rt Authority — Council Me er Franklin reported
new landing fees will be implement with the funds ' g to the County; due to
the economy, the committee has pos ned buil . g a new terminal; and she
announced Taxi Way G is under construction scheduled to be open February 1,
2010.
Chamber of Commerce Worksh nformation Excha a Committee — Council
Member Franklin announced t od and Custom Car Sho ill be held on January
31, 2010; Main Street wil a closed for the Taste of La Qui on February 20th;
and the Chamber rec ' ed 61 new members since July 2009 t has 126 non -
renewal members ' s.
C. V. Mou Ili
Conservancy — Council Member Franklin reported the c mittee
has appo" ted a new Chair and Vice Chair; and adopted a resolution supporting the
designation of a portion of Highway 74 as Roy Wilson Highway.
CVAG - Council Member Sniff stated the dedication of the highway was discussed
at a CVAG committee and it was determined that the portion to be dedicated is
City Council Minutes
ATTACHMENT 2
9 February 16, 2010
3.
of he City; and stated although she does not wish to use reserved fun ,
the nning to build reserves was for the purpose of having it whe it is
needed.
Council Mem Sniff commended staff for their planning foresight; and
conveyed pride in a stability of the City.
Council Member FranklinlsQmmended staff onr job performance.
Mayor Adolph stated he is very oud the City, and of staff's excellent
performance.
MOTION — It was moved b b ouncil Mems Sniff/Evans to approve a net
reduction in was
, totaling $(940,53 rom the General Fund and
an increase in appro ations of $1,238,967 in oth City Funds (as outlined
in Attachment 1 through 5); approve a net re ction in estimated
revenues tote' g $(902,943) for the General Fund and a at reduction of
$(428,919 rom other City Funds (as outlined in Attachment 1 through
5); app ve the modifications to the Management Assistant job d ription;
and receive and file the Mid -Year Budget Report. Motion rried
u animously.
CONSIDERATION OF INITIATION OF ZONING CODE AMENDMENT TO
MUNICIPAL CODE SECTION 9.160.060 — PERMITTED TEMPORARY SIGNS.
Planning Director Johnson presented the staff report.
Council Member Franklin asked the City Attorney if the deposit for political
signs can be made non-refundable. City Attorney Jenson confirmed it can
be done but staff would need to prepare a fee resolution for Council's
consideration.
MOTION — It was moved by Council Members Evans/Franklin to initiate the
process to amend La Quinta Municipal Code Section 9.160.060 — Permitted
Temporary Signs, pursuant to Government Code Section 9.220.010.C.2.
Mayor Adolph stated he would not support the motion because he is not in
favor of changing the temporary sign regulations.
Council Member Sniff stated he supports the motion; and stated the sign
program is an important component of the election process.
7
City Council Minutes 10 February 16, 2010
Motion carried by a vote of 3-2, Council Members Henderson and Mayor
Adolph dissenting.
4. CqNSIDERATION OF ADOPTION OF A RESOLUTION ADOPTING THE CITY
OF A QUINTA RECORDS MANAGEMENT MANUAL, INCLUDING HE
REC DS RETENTION SCHEDULE, AND RESCINDING RESOLUTI NO.
1999-0 5.
City Clerk Montecino presented the staff report.
In response. to ouncil Member Henderson, City Clerk Mo tecino stated the
retention for pap records depends on the type of r ord but State law
requires all paper r cords be kept a minimum of tw years. She further
explained permanent records, such as Capital I rovement Program or
historical documents, a scanned into an imagi system to help reduce
paper storage in the futur
Mayor Adolph asked if a syst1m is in place research records electronically.
City Clerk Montecino explained he City rrently scans vital records, such
as minutes, ordinances, resoluti s a agreements, into the LaserFiche
imaging system and confirmed docu is can be printed from that system.
Council Member Sniff aske:(a
if t Cit 's records are secure or have any
potential risks. City Clerk on cino ex: ained there is potential risk to all
documents, whether it is from/
fire or wa r damage, as each department
houses records in their own storage room.
In response to Council ember Evans, City Cler Montecino stated vendors
are not subject to the ecords Retention Policy.
In response/estroys
l Member Sniff, Finance Directo. Falconer stated the
Finance Deetains records. for seven years r the purpose of
auditing, anrecords after seven years, excep for the general
ledgers.
Council ember Henderson asked about the legal length of time ecords are
opFdit
audit. Finance Director Falconer explained financial records re open
to anytime during the seven years prior to destruction.
Council Member Henderson asked if all documents are public records. -ty
Attorney Jenson stated the purpose of establishing a "records retention"
policy is to adopt a reasonable schedule and adhere to it; explained the City
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ATTACHMENT # 3
EXHIBIT "A"
9.160.060 Permitted temporary signs.
A. Definition. 'Temporary sign" means any non -illuminated sign which may require a
sign permit and which is intended to be posted for a maximum of forty five sixty days.
Temporary signs include without limitation: political campaign signs, garage sale signs and
seasonal sales signs.
B. Maximum Time Periods. No temporary sign shall be posted for more than fe#y-
five sixty consecutive days nor shall such temporary sign or sign displaying similar messages
regarding the same event, if any, which is the subject of such temporary sign be reposted upon
the same site, or any site which is visible from the original site, within ninety days of the removal
of the original temporary sign. In addition, all temporary signs shall be removed within seven
days after the occurrence of the event, if any, which is the subject of the temporary sign. (For
example, a temporary sign advertising a garage sale on a particular date, or a temporary sign
promoting a candidate in a particular election). The date of posting and permit number shall be
permanently and legibly marked on the lower right-hand corner of the face of the sign.
C. Maximum Sign Area. Except where an approval is obtained under subsection F
of this section, temporary signs placed on public property may not exceed six square feet in
area and temporary signs placed on private property may not exceed twelve square feet in area.
The aggregate area of all temporary signs maintained on any private property parcel of real
property in one ownership may not exceed twenty-four square feet. Area shall be calculated on
the basis of the entire sign area, as defined in Section 9.160.030.
D. Maximum Height. Freestanding temporary signs which are placed on public or
private property shall not exceed six feet in height. Temporary signs which are posted, attached
or affixed to private multiple -floor buildings shall not be placed higher than eight feet or the finish
floor line of the second floor of such buildings, whichever is less, and temporary signs which are
posted, attached or affixed to private single -floor buildings shall not be higher than the eave line
or top of wall of the building. All heights shall be measured to the highest point of the surface of
the sign.
E. Maximum Number. In no case shall the total number of temporary signs for any
permit exceed Sty one hundred.
F. Placement Restrictions. Temporary signs shall not be posted With;R the publin
fkjht-ef-�on sidewalk surfaces, mailboxes, utility boxes, electric light or power or
telephone wires, poles or appendages, hydrants, trees, shrubs, tree stakes or guards, public
bridges, fences or walls, fire alarm or police telegraph systems, drinking fountains, life buoys,
life preservers, lifesaving equipment, street signs and traffic signs or signals. Temporary signs
shall net be pasted within the PwhI'G4kjN-Gf-� shall not be located closer than five feet
from the edge of the paved area of any public road or street and shall not be posted within
any median located in a public road or street. Temporary signs shall be placed no less than
two hundred feet apart from identical or substantially similar temporary signs placed within the
city limits. A", ;h;;" Rot hp �4,4h,p somultapeoudy with the boundaFier of Temporary
signs shall not be posted in a manner which obstructs the visibility of traffi.c or street signs or
signals or emergency equipment.
11
G. Sign Permit Required. Any person, business, campaign organization, or other
entity who proposes to post more than five temporary signs on private or public property shall
make application to the planning department for a sign permit. To insure sign removal upon
expiration of the permitted posting time, a refundable deposit as established by city council
resolution shall be paid in conjunction with the issuance of the sign permit. Upon the
successful removal of all temporary signs, up to 50% of said deposit shall be refunded to
the applicant.
1. Statement of Responsibility Required. Each applicant for a temporary sign permit
shall submit to the planning department a statement of responsibility certifying a natural person
who will be responsible for removing each temporary sign for which a permit is issued by the
date removal is required, and who will reimburse the city for any costs incurred by the city in
removing each such sign which violates the provisions of this section.
2. Standards for Approval.
a. Within ten business days of the planning department's receipt of a temporary
sign permit application, the planning director shall approve or disapprove such application. If the
director disapproves an application, the notice of disapproval shall specify the reasons for
disapproval. The director shall approve or disapprove any permit application for temporary signs
based on character, location and design, including design elements such as materials, letter
style, colors, sign type or shape, and the provisions of this section.
b. The director's decision with respect to a permit application for a temporary sign
may be appealed to the planning commission.
H. Maintenance and Removal of Temporary Signs.
1. Maintenance. All temporary signs shall be constantly maintained in a state of
security, safety and good repair.
2. Removal from Public Property. If the city determines that a temporary sign
located on public property is unsafe or insecure, is a menace to public safety or has been
constructed, erected, relocated or altered in violation of this section, it may be removed
summarily. If the sign contains identification, the owner shall be notified that the sign may be
recovered within five days of the date of notice.
3. Removal from Private Property. If the city finds that a temporary sign located on
private property is unsafe or insecure, is a menace to public safety or has been constructed,
erected, relocated or altered in violation of this section, the city shall give written notice to the
owner of the temporary sign, or the person who has claimed responsibility for the temporary
sign pursuant to subsection F of this section, that the temporary sign is in violation of this
section, shall specify the nature of the violation, and shall direct the owner of the temporary sign
or responsible person to remove or alter such temporary sign. If the city cannot determine the
owner of the sign or person responsible therefore, the city shall post such notice on or adjacent
to each temporary sign which is in violation. If the owner of the temporary sign or the person
responsible therefore fails to comply with the notice within five days after such notice is given,
the temporary sign shall be deemed abandoned, and the city may cause such temporary sign to
be removed and the cost thereof shall be payable by the owner or person responsible for the
temporary sign to the city.
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I. The placement of temporary signs for existing commercial businesses during the
construction of any department of public works contract over forty-five days in length, where the
ingress and egress points to a commercial establishment, have been interrupted, and further
when the construction/modification of the public street involves a distance of more than three
thousand feet in length, the above regulations pertaining to temporary signs and the associated
processing fees, shall not be enforced for the duration of the department of public works street
contract. However, the placement of temporary signs must not interfere with site visibility for
vehicular movement.
J. A grand opening banner is allowed on each building street frontage within six
months of the business opening with a sign permit. The signs shall consist of light -weight fabric
or similar material attached to the building wall below the eave line for a period not to exceed
thirty days. The signs shall be non -illuminated and its size shall not exceed thirty-two square
feet. (Ord. 468 § 1, 2009; Ord. 293 § 1, 1996; Ord. 284 § 1 (Exh. A) (part), 1996)
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CORRESPONDENCE
AND
WRITTEN MATERIAL
March 29, 2010
City of La Quints.
78-495 Calls Tampico
La Quinta, California 92253
Attention: Honorable Mayor and Members of the City Council
RE: League of California Cities Planners Institute Conference
Dear Mayor and Council Members:
Having just returned from the three-day conference, I thought I would thank
you for the opportunity of attending this event. Myself and fellow Planning
Commissioners were able to attend classes on CEQA, Planner Roles and
Responsibilities, Sustainability, City Finance, Architectural and Site Plan
Review processes, to name a few. An action -packed and worthwhile agenda.
I am sure I speak for my fellow Planners when I say thank you for the
opportunity to learn more in the pursuit of competent Planning in the future
of our fine City.
Regards,
ED ALDERSON, Chairman
La Quinta Planning Commission
cc: Les Johnson, Planning Director
APR - 12010
CITY OF IA OUINTA
April 1, 2010
City Of La Quinta
78-495 Calle Tampico
La Quinta, California 92247
Re: Vacation leave
Honorable Mayor and Council Members:
I respectfully request to be excused from the Planning Commission meeting of April 27,
2010. I will be unavoidably detained out of the country.
I appreciate our cooperation on this matter.
Regards:
Ed Alderson
Planning Commissioner