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2013 05 14 PC' N Planning Commission agendas and staff reports are now available on the City's web page: www.la-guinta.org PLANNING COMMISSION AGENDA CITY HALL COUNCIL CHAMBERS 78-495 Calle Tampico, La Quinta REGULAR MEETING on TUESDAY, MAY 14, 2013 AT 7:00 P.M. Beginning Resolution No. 2013-005 Minute Motion No. 2013-002 CALL TO ORDER 1 . Roll Call 2. Pledge of Allegiance PUBLIC COMMENT At this time members of the public may address the Planning Commission on any matter not listed on the agenda. Please complete a "Request to Speak" form and limit your comments to three minutes. CONFIRMATION OF AGENDA APPROVAL OF MINUTES 1 . Approval of the minutes of April 9, 2013 PUBLIC HEARINGS For all Public Hearings on the agenda, a completed "Request to Speak" form must be filed with the Secretary prior to consideration of that item. A person may submit written comments to the Planning Commission before a public hearing or appear in support or opposition to the approval of a project(s). If PLANNING COMMISSION AGENDA 1 MAY 14, 2013 1 of 206 you challenge a 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. 1. Conditional Use Permit 201 1-139 submitted by Crown Castle, Susan Makinson, for a single distributed antenna system (DAS) within the public right-of-way in the La Quinta Cove. Location: Southeast corner of Avenida Obregon and Calle Temecula. 2. Conditional Use Permit 2012-148 submitted by Verizon Wireless for the placement of a sixty-four (64) foot tall monopalm tower and an equipment enclosure adjacent to the La Quinta Country Club maintenance facility. Location: 77-750 Avenue 50 — La Quinta Country Club. 3. Zoning Ordinance Amendment 2013-1 14 and Zone Change 2013-143. The Zoning Amendment includes the establishment of an affordable housing overlay zone, allowance and standards for emergency and transitional housing, changes to the affordable housing density bonus provisions and reasonable accommodation procedures pursuant to State legislation. The Zone Change proposes to apply an Affordable Housing Overlay zone (AHO) to all properties zoned Neighborhood Commercial (NC); Community Commercial (CC); Regional Commercial (RC); Commercial Park (CP); and Village Commercial (VC), and to other specific sites as identified in the 2008 La Quinta Housing Element. Location: City-wide. 4. Zoning Ordinance Amendment 2013-113 proposing certain amendments to Title 9 (Zoning), Chapter 9.60, of the La Quinta Municipal Code related to the addition of Section 9.60.115, establishing procedural and operational provisions for Cottage Food Operations within residential zoning districts. Location: City-wide. BUSINESS SESSION CORRESPONDENCE AND WRITTEN MATERIAL COMMISSIONER ITEMS Report on City Council meetings of April 16 and May 7, 2013. PLANNING COMMISSION AGENDA 2 MAY 14, 2013 2 of 206 2. Chairwoman Barrows is scheduled to attend the May 21, 2013, City Council meeting. DIRECTOR'S ITEMS ADJOURNMENT The next regular meeting of the Planning Commission will be held on May 28, 2013, commencing at 7:00 p.m. at the City Hall Council Chambers, 78-495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, Secretary of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta Planning Commission meeting was posted on the inside of the north entry to the La Quinta Civic Center at 78-495 Calle Tampico, and the bulletin boards at 78-630 Highway 1 1 1, and the La Quinta Cove Post Office at 51-321 Avenida Bermudas, on May 9, 2013. DATED: May 8, 2013 /A 1117 /1 � I J / MONIKA RA EVA, 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 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 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 meeting. Any writings or documents provided to a majority of the Commission regarding any item(s) on this agenda will be made available for public inspection at the Planning Department's counter at City Hall located at 78-495 Calle Tampico, La Quinta, California, 92253, during normal business hours. PLANNING COMMISSION AGENDA 3 MAY 14, 2013 3 of 206 PLANNING COMMISSION MINUTES TUESDAY, APRIL 9, 2013 CALL TO ORDER A regular meeting of the La Quinta Planning Commission was called to order at 7:01 p.m. by Chairperson Barrows. PRESENT: Commissioners Alderson, Weber, Wilkinson, Wright, and Chairperson Barrows. ABSENT: None STAFF PRESENT: Community Development Director Les Johnson, Planning Manager David Sawyer, Michelle Molko with Rutan and Tucker, LLP, Associate Planner Jay Wuu, Assistant Planner Eric Ceja, and Secretary Monika Radeva. Commissioner Weber led the Commission in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES Motion — A motion was made and seconded by Commissioners Weber/Alderson to approve the Planning Commission Minutes of February 12, 2012, as submitted with a correction on page #4, under Adjournment, to reflect that Chairwoman Barrows was in attendance and Vice Chairman Wright was absent. Motion passed unanimously. PUBLIC HEARINGS 1. Zone Change 2012-142 and Conditional Use Permit 2012-146 submitted by Rock N Roll Mini Golf, LLC., proposing to rezone and convert an existing 15,933 square -foot building into an indoor miniature golf recreational facility. Location: Southwest corner of Dune Palms Road and Corporate Center Drive. Associate Planner Jay Wuu presented the staff report, a copy of which is on file in the Community Development Department. PLANNING COMMISSION MINUTES 1 APRIL 9, 2013 4 of 206 Chairperson Barrows asked if there were any questions of staff. Commissioner Alderson asked staff if there had been any feedback received from the adjacent property/business owners in favor of or in opposition to the proposed changes. Staff noted that the public hearing was published in the paper and anyone within five -hundred feet radius of the parcel was notified ten days prior to this hearing and no comments, written or verbal, had been received. Also, the applicant had done outreach and could further report on that. Chairperson Barrows declared the PUBLIC HEARING OPEN at 7:10 p.m. Mr. Jody Erdahl, Vice President of Rock N Roll Mini Golf, LLC., 43-115 Moore Circle, Bermuda Dunes, CA, introduced himself and said he was available to answer any questions the Commission might have. Commissioner Alderson asked for an explanation on what the applicant meant by redemption games in his proposal. Mr. Erdahl replied redemption games were when the player redeems a ticket for a prize. Commissioner Alderson said the proposed tenant improvements were quite substantial and asked what the target opening date was and if the sale of alcohol would be permitted on the premises. Mr. Erdahl replied September of 2013 and that no alcohol would be sold. There being no further questions or discussion, Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:12 p.m. Commissioner Weber thanked staff and the applicant for including a business plan of the proposed operation making it easier for the Commission to gain a better understanding of what exactly was being proposed. Commissioner Wright said he was pleased to see that such use will be coming to the City of La Quinta giving entertainment variety to the youth in the city. Motion — A motion was made and seconded by Commissioners Alderson/Weber to adopt Resolution 2013-002 recommending approval of Zone Change 2012- 142 as submitted. Motion passed unanimously. Motion — A motion was made and seconded by Commissioners Alderson/Weber to adopt Resolution 2013-003 recommending approval of Conditional Use Permit 2012-146 as submitted. Motion passed unanimously. PLANNING COMMISSION MINUTES 2 APRIL 9, 2013 5 of 206 2. Sign Application 2013-1686 submitted by Sign -A -Rama proposing to establish a sign program for Figue Mediterranean Restaurant. Location: Northeast corner of Washington Street and Lake La Quinta Drive (47-474 Washington Street). Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows asked if there were any questions of staff. There being no questions of staff, Chairperson Barrows declared the PUBLIC HEARING OPEN at 7:18 p.m. Mr. Jeff Grady with Sign -A -Rama, 43-611 Corte Del Oro, La Quinta, CA, introduced himself and said he was available to answer any questions the Commission might have. Commissioner Alderson commented that the name of the restaurant was difficult to pronounce and the general public might be confused as to the correct pronunciation. He said the letters of the sign did not clearly stand out on the background. Commissioner Weber noted that the sign letters would stand out better than the renderings submitted with the staff report because the sign was backlit. There being no further questions or discussion, Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:21 p.m. Motion — A motion was made and seconded by Commissioners Wilkinson/Weber to adopt Minute Motion 2013-001 approving Sign Application 2013-1686 as submitted. Motion passed unanimously. 3. Conditional Use Permit 2012-147 submitted by Cable Engineering Services to allow for the placement of a seventy-two (72) foot tall AT&T monopalm tower and an equipment enclosure within Storquest Self Storage. Location: Northeast corner of Adams Street and Corporate Center Drive (46-600 Adams Street). Assistant Planner Eric Ceja presented the staff report, a copy of which is on file in the Community Development Department. Chairperson Barrows asked if there were any questions of staff. Commissioner Weber asked staff to explain the maintenance requirements for the proposed monopalms and palm trees. PLANNING COMMISSION MINUTES 3 APRIL 9, 2013 6 of 206 Commissioner Alderson asked if the applicant was in agreement with staff's request to add two additional fifty-two (52) foot tall palm trees next to the monopalm to make it appear more natural. Staff asked that the Commission address the applicant with this question. Chairperson Barrows declared the PUBLIC HEARING OPEN at 7:28 p.m. Mr. Robert Searcy, Planning and Leasing Manager with Cable Engineering Services, 10640 Sepulveda Boulevard, Suite # 1, Mission Hills, CA, introduced himself and said he was available to answer any questions the Commission might have. Commissioner Weber asked who owned the monopalm. Mr. Searcy said AT&T Mobile was the current owner and Cable Engineering Services was acting as an agent for the owner. Commissioner Weber said he liked the idea of blending in the monopalm with the two palm trees recommended by staff. He asked the applicant to suggest an appropriate height for the palm trees. Mr. Searcy replied the height should be anywhere between twenty (20) and thirty (30) feet and there should be a variation in height for a more natural appearance. Vice Chairman Wright said that he was in agreement with the applicant's recommendation for the palm trees height. He explained that a fifty (50) foot - tall palm tree was near the end of its life and could potentially pose maintenance issues as it might have to be replaced every four to five years. Further, he noted that a palm tree of that height would also pose a liability due to the strong wind storms characteristic to that area. He recommended the height of the palm tree be anywhere between thirty (30) and forty (40) feet, but definitely not over forty (40) feet. Commissioner Alderson said he supported Vice Chairman Wright's comment regarding the height and briefly discussed the possible maintenance issues with watering the palm trees and the benefits the monopalm would provide to the residents at the City of La Quinta. Commissioner Wilkinson asked if historically maintenance issues had been addressed as indicated within three to five days. Staff replied that the turn- around time had been fairly quick. There being no further questions or discussion, Chairperson Barrows declared the PUBLIC HEARING CLOSED at 7:42 p.m. and opened the item for Commission discussion. PLANNING COMMISSION MINUTES 4 APRIL 9, 2013 7 of 206 Commission discussion followed regarding the appropriate height for the two additional palm trees recommended by staff. Chairwoman Barrows asked that staff make sure that the conditions of approval properly identified the responsible party for maintenance of the monopalm and the palm trees would be the current owner. Staff concurred and noted that a global check would be made to the conditions of approval to ensure that the current owner would be held responsible for maintaining the site. Motion - A motion was made and seconded by Commissioners Wright/Weber to adopt Resolution 2013-004 approving Conditional Use Permit 2012-147 as submitted, with the recommendation that the current owner of the site would be held responsible for operational and maintenance issues and changing the recommended height of the two palm trees addressed in condition of approval sixteen (16) to be a minimum of thirty-five (35) feet tall. Motion passed unanimously. BUSINESS SESSION - None CORRESPONDENCE AND WRITTEN MAT 1. Housing Element Workshop on Wednesday, April 10, 2013. There would be two separate sessions, the first from 2:00 p.m. until 5:00 p.m., and the second session from 5:30 p.m. until 7:00 p.m. COMMISSIONER ITEMS 1 . Report on City Council meetings of February 12, March 5 and 19, and April 2, 2013. The following items were reviewed as discussed by the City Council. a. Discussion of selecting a SilverRock Developer b. Discussion of Police Services c. Zoning Ordinance Amendment 2013-1 12 - certain amendments to the La Quinta Municipal Code; Chapter 9.60.300, Compatibility Review for partially developed subdivision d. City Council meetings are being videotaped as of March 19, 2013, and are available to view on YouTube e. Presentation and discussion regarding the City's current financial status f. Discussion of the City's Capital Improvement Program g. Update to the City's User and Regulatory Fees (permit fees for entitlement and administration), which were last updated in 1997 PLANNING COMMISSION MINUTES 5 APRIL 9, 2013 8 of 206 h. Discussion regarding the implementation, benefits and impacts of the Transportation Uniform Mitigation Fee (TUMF) program, of which the City is now a part of Commissioner Weber asked about Interstate 1-10 and Jefferson Street signage. 2. Upcoming Council meeting attendance: Vice Chairman Wright - April 16, 2013, Commissioner Alderson - May 7, 2013, and Chairperson Barrows - May 21, 2013. PLANNING STAFF ITEMS - None ADJOURNMENT There being no further business, it was moved and seconded by Commissioners Wright/Weber to adjourn this meeting at 8:06 p.m. Motion passed unanimously. Resr MOP City PLANNING COMMISSION MINUTES 6 APRIL 9, 2013 9 of 206 PH#1 PLANNING COMMISSION STAFF REPORT DATE: MAY 14, 2013 CASE NO.: CONDITIONAL USE PERMIT 201 1-139 APPLICANT: CROWN CASTLE — SUSAN MAKINSON REQUEST: CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A SINGLE DISTRIBUTED ANTENNA SYSTEM (DAS) WITHIN THE PUBLIC RIGHT-OF-WAY NEAR THE SOUTHEAST CORNER OF AVENIDA OBREGON AND CALLE TEMECULA LOCATION: SOUTHEAST CORNER OF AVENIDA OBREGON AND CALLE TEMECULA (ATTACHMENT 1) 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 RECOMMENDED ACTION: Adopt Planning Commission Resolution No. 2013 - approving Conditional Use Permit 201 1-139, subject to the attached recommended Conditions of Approval. EXECUTIVE SUMMARY: This proposal is for the placement of a forty (40) foot tall skirted monopalm type pole which will complete the applicant's area network of four (4) Distributed Antenna System (DAS) antennas in the City of La Quinta. The location is within the public right-of-way along the east side of Avenida Obregon, just south of Calle Temecula. The antennas will be attached to the top of the pole with an option to install additional antennas within the faux palm skirt. Ancillary equipment, including a submerged equipment vault and electrical meter pedestal, will also be installed. The applicant has met the intent of Chapter 9.170 and complied with the screening, operations, and careful siting requirements. There are no technical Page 1 of 5 10 of 206 reasons or conflicts with the City's code that warrant an unfavorable recommendation from staff. Crown Castle conducted two (2) neighborhood open house meetings regarding the proposed pole. Staff has received several comments in opposition to the proposal. ANALYSIS - La Quinta Municipal Code Chapter 9.170 regulates the use of communication towers and equipment. This section establishes design, placement, and operational standards for newly proposed towers and collocation on existing towers. This is the fourth and final proposed location for Crown Castle's DAS network for the City of La Quinta (Attachment 2). Site Location The proposed monopalm pole is located within the public right-of-way easement, south of the intersection of Avenida Obregon and Calle Temecula (Attachment 3). The pole would be placed four (4) feet behind the street curb, approximately eight (8) feet from adjacent property lines, and adjacent to two (2) existing live palm trees (Attachment 4). Crown Castle explored several locations for the placement of their final DAS antenna pole. The applicant first contacted Imperial Irrigation District (IID) to collocate their antennas on existing IID power line poles. However, IID rejected the request citing the California Public Utilities Commission General Order 95 for antenna and power line separation (Attachment 5). Based on IID's rejection the applicant pursued installation of their own pole. Of the other site location options, the applicant proposed to locate a pole at the northeast corner of Avenida Obregon and Calle Temecula, adjacent to existing vacant lots (Attachment 6). During their initial discussions with the La Quinta Cove Association and City staff, it was determined that the pole should be placed closer to existing vegetation to meet the City's screening requirements. The applicant then proposed the pole on the southeast corner of Avenida Obregon and Calle Temecula, adjacent to a mature acacia tree (Attachment 7). However, upon further review of the area, a more suitable location was identified near two (2) existing live palm trees. Siting of a new tower at this location conforms to Chapter 9.170 as collocating on existing poles is not an option, a comparable site is not available in the area, and the tower is partially screened by vegetation and is complimentary to the existing palm trees in both height and appearance. The existing palm trees are located to the southeast of and adjacent to the proposed pole. Staff has conditioned the applicant to plant one (1) additional palm tree, at a minimum height of thirty (30) feet, north of the pole for further screening. Page 2 of 5 11 of 206 Crown Castle previously received approval for three (3) DAS locations in the City of La Quinta; one (1) at the Jefferson Street and Avenue 52 roundabout, one (1) at the intersection of Park Avenue and Avenue 50, and one (1) at Eisenhower Park, in the La Quinta Cove. The relocation of their DAS to Eisenhower Park limited the area for placement of a second Cove DAS due to network coverage gaps (Attachment 8). Tower Design Crown Castle originally proposed a tower design that resembled the existing power line poles that are allocated throughout the Cove community. However, after receiving public input opposing the proposed pole, Crown Castle changed the design of the tower to resemble a palm. The palm design is consistent with previously approved telecommunication facilities throughout the City. The design is generally acceptable as it conforms to the requirements of Chapter 9.170 for tower design to be stealth and camouflaged. The pole height, at forty (40) feet, is designed to reduce antenna interference from nearby power cables and existing homes in the vicinity. The pole height is also in scale with the adjacent live palms (at approximately 35 feet), which help to further screen the pole. The pole height is within the height limits established in Chapter 9.170 for telecommunication towers. Public Outreach On January 29, 2013, Crown Castle met with the La Quinta Cove Association to discuss their proposal and receive feedback. The Cove Association encouraged the applicant to meet with the property owners adjacent to the proposed pole location and to find a location that would better screen the pole. Subsequently, on February 13, 2013, Crown Castle sent letters to the property owner of the two vacant lots on the northeast corner of Avenida Obregon and Calle Temecula (Cully), and to the property owner at the southeast corner of Avenida Obregon and Calle Temecula (Sherrat) (Attachment 9). Staff received correspondence from both property owners who are in opposition of the facility's location near their properties (Attachment 10). The Cully family opposes the proposal because of the tower's aesthetic appearance, placement of the tower near their property, the tower's impact on their property values, and potential health effects associated with the tower's radio frequency. Mr. Sherratt also responded in opposition to the tower location near his property, citing the same reasons as the Cully family, and included that the tower, at its previously proposed location along Calle Temecula, was in direct view from his pool area and master bedroom. Page 3 of 5 12 of 206 As previously mentioned, Crown Castle held two (2) open house events in an effort to discuss the proposed pole with neighboring residents. Notice was given to property owners within a 600 foot radius of the proposed site. Meetings were held on March 7, 2013 and April 22, 2013, with a total of five (5) attendees from the community. Comments received from the March 71h meeting resulted in a redesign of the tower from a power pole to a faux palm tree, and relocation of the pole from the vacant lots to the current proposed location near the southeast corner of Calle Temecula and Avenida Obregon. Those who attended the April 22 d meeting were there for information purposes and did not provide specific comments. PUBLIC NOTICE: This request was published in the Desert Sun newspaper on May 3, 2013. To date, the City has received 25 emails and letters from cove residents regarding the proposed tower's general location. Of those emails and letters, only two (2) were letters of support for the proposal. Other comments received objected to the proposal based on concerns for visual blight, the location of the pole within a residential neighborhood, the location of the proposal within the natural setting of the cove, and the effects of radio frequencies on community health (Attachment 11). These letters received were in opposition to the tower regardless of tower design and location. MIA - 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: Staff is recommending that the Planning Commission approve the Conditional Use Permit, subject to the attached recommended Conditions of Approval. Report prepared by: Report approved for submission by: Eric Ceja, Assistant Planner Les Johnson Community Development Director Page 4 of 5 13 of 206 Attachments: 1. Location 2. Map of Crown Castle approved locations 3. Construction Drawings 4. Photo Simulations 5. Imperial Irrigation District Letter 6. Vacant Lot Proposal 7. Calle Temecula Proposal 8. RF Maps 9. Letter to Property Owners 10. Property Owner Response Letter 11. Cove Neighbor Letters Page 5 of 5 14 of 206 PLANNING COMMISSION RESOLUTION 2013-XXX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A SINGLE DISTRIBUTED ANTENNA SYSTEM (DAS) WITHIN THE PUBLIC RIGHT- OF-WAY NEAR THE SOUTHEAST CORNER OF AVENIDA OBREGON AND CALLE TEMECULA CASE NO.: CONDITIONAL USE PERMIT 2011-139 APPLICANT: CROWN CASTLE WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 14th day of May, 2013, hold a noticed Public Hearing to consider a request by Crown Castle, to permit the placement of forty (40) foot tall monopalm tower for a distributed antenna system (DAS), located near the southeast corner of Avenida Obregon and Calle Temecula, in the La Quinta Cove and in the RC (Residential Cove) zoning district, more particularly described as: APN: PUBLIC RIGHT-OF-WAY WHEREAS, a public hearing notice was published in the Desert Sun newspaper on the 3rd day of May, 2013, for the 14th day of May, 2013, 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 600 feet of the site; and WHEREAS, the location of and design of the Distributed Antenna System as a faux palm placed in close proximity to existing vegetation and the installation of one (1) additional live palm will minimize adverse visual effects of the antennas and tower structure and will decrease the need for additional towers and equipment in the surrounding area; and WHEREAS, the telecommunication facility will improve telecommunication service options within this portion of the City of La Quinta for residents and emergency services; and WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings 15 of 206 Planning Commission Resolution 2013-xxx Conditional Use Permit 201 1-139: Crown Castle May 14, 2013 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 tower and equipment are consistent with La Quinta General Plan (Chapter 5) that requires utilities and communication facilities to be available, adequate and convenient for all residents. The applicant has determined that a need for this type of service, in this general area, exists and providing such a facility will ensure that the public has access to such services. 2. Consistency with the Zoning Code: The placement of the monopalm tower is consistent with current approval standards of the Zoning Code (Chapter 9.90 and 9.170) in that the potential adverse visual impacts have been mitigated by the towers design and placement adjacent to existing and conditioned landscape, and all operational requirements have been met. 3. Compliance with CEQA: The placement of a new monopalm tower for telecommunication purposes has been determined to be exempt from CEQA, under Guidelines Section 15332 (Infill Development), in that the site is developed and surrounded by urban infrastructure improvements (e.g., roads, water, sanitation, etc.). 4. Compatibility with Surrounding Uses: The proposed improvements are located within the public right-of-way. The proposed monopalm tower and equipment will not create conditions materially detrimental to the public health, safety or general welfare or injurious to or incompatible with other properties or land uses in the vicinity and is compatible with surrounding public facility improvements, utilities, and existing landscape. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Conditional Use Permit; 16 of 206 Planning Commission Resolution 2013-xxx Conditional Use Permit 201 1-139: Crown Castle May 14, 2013 SECTION 2. That it does hereby approve Conditional Use Permit 201 1-139 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14th day of May, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON Community Development Director City of La Quinta, California 17 of 206 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 201 1-139 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 1 of 5 GENERAL 1. The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Conditional Use Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-quinta.org. 3. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form — Whitewater River Region, Improvement Permit) • La Quinta Building and Safety Department for Building Permits • La Quinta Planning Department • Federal Communication Commission • Federal Aviation Administration The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 4. Approval of this Conditional Use Permit shall not be construed as approval for any horizontal dimensions implied by site plans or exhibits unless specifically identified in the conditions of approval. 5. Developer shall reimburse the City, within thirty (30) days of presentment of the 18 of 206 Page 1 of 5 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 201 1-139 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 2 of 5 invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. IMPROVEMENT PLANS As used throughout these Conditions of Approval, professional titles such as "engineer," "surveyor," and "architect," refer to persons currently certified or licensed to practice their respective professions in the State of California. 7. 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). 8. The proposed monopalm pole shall be designed using the AASHTO Standard Specifications for Structural Supports for Highway Signs, Luminares, and Traffic Signals and the Caltrans standard plans and specifications. All design calculations shall base on 100 mph wind speed and 100 Ibs per antenna weight limit. The design shall be submitted for review and approval by the City Engineer and the Building Official. 9. The proposed monopalm pole should be at the back of the right-of-way next to the existing wall. 10. The submitted preliminary plans appear to propose no or minimal grading and may not require a grading permit (see exceptions in Municipal Code Section 8.80.040). If a grading permit is required, a precise grading plan prepared by a Civil Engineer registered in California and a Soils Report prepared by a professional registered in California must be approved by the City Engineer prior to the commencement of grading. 19 of 206 Page 2 of 5 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 201 1-139 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 3 of 5 Other engineered improvement plans prepared for City approval that are not listed shall be prepared in formats approved by the City Engineer prior to commencing plan preparation. "On -Site Precise Grading" plans shall normally include all on -site surface improvements including but not necessarily limited to finish grades for curbs & gutters, building floor elevations, parking lot improvements and ADA requirements. Building plans and structural calculations shall be submitted for review and approval by the Building and Safety Department. IMPROVEMENT SECURITY AGREEMENTS 1 1 . Prior to constructing any off -site improvements, the applicant shall deposit securities equivalent to both a Performance and Labor & Material Bond each valued at 100% of the cost of the off -site improvements, or as approved by the City Engineer. UTILITIES 12. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 13. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to electric vaults, water valves, and telephone stands, to ensure optimum placement for safety, practical and aesthetic purposes. 14. 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. MAINTENANCE 15. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 16. The applicant shall make provisions for the continuous and perpetual maintenance of the structure installed for this Conditional Use Permit as well as access drives, 20 of 206 Page 3 of 5 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 201 1-139 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 4 of 5 perimeter and site landscaping up to the curb, and stormwater BMPs if applicable. 17. The applicant shall protect existing hardscape along the proposed construction area to include but not be limited to garden walls, landscaping, irrigation systems, curb and gutter, sidewalk and pavement, and existing building structures. Restoration to any damaged hardscape shall be to the satisfaction of the City of La Quinta. FEES AND DEPOSITS 18. The applicant shall comply with the provisions of LQMC Section 13.24.180 (Fees and Deposits). These fees include all deposits and fees required by the City for plan checking and construction inspection. Deposits and fee amounts shall be those in effect when the applicant makes application for plan check and permits. MISCELLANEOUS 19. The applicant shall secure a lease agreement with the City of La Quinta for the placement of the telecommunication tower and equipment within City property prior to issuance of a building permit. 20. Total tower height including antennas shall not exceed forty (40) feet measured from finished grade, and shall not exceed a diameter greater than twenty-six (26) inches. 21. The placement of the tower shall not interfere with the existing infrastructure and improvements at this location. The tower shall be placed in an existing landscaped area, adjacent to the two existing live palm trees at this location. 22. The applicant shall plant one (1) additional palm tree, at a minimum height of thirty (30) feet, north of the tower. The applicant is responsible for installation and maintenance of the irrigation and planting improvements. 23. A total of three (3) panel antennas are approved for the tower. Panel antennas shall be attached securely to the tower. The panel antennas shall be painted to match the monopalm tower, and be centered at a height of thirty-seven feet nine inches (37'9") on the tower. All panel antennas are limited to a maximum height of fifty-five (55) inches. 21 of 206 Page 4 of 5 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 201 1-139 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 5 of 5 24. Collocation of future antennas on the monopalm tower shall be contained and hidden from view, within the palm bulb and palm skirt. All antenna equipment mounted on the monopalm shall be painted to match. 25. 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. 26. The entire facility shall be maintained in a condition consistent with the conditions of this approval and, if the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. 27. This permit shall expire on May 14, 2015, unless a building permit has been finalized and/or a time extension is applied for and granted by the Planning Commission pursuant to Section 9.200.080 of the Zoning Code. 22 of 206 Page 5 of 5 bmmwj• 0 } �" ` 1�i r i r _q �'� ■ d ar mc��r��. `� '�1 - M�'.�'c"�,�` -- '- .. r`% . �l '� i , �. � t �i +4a � ANUM •. 01,' i AlIRLk1wi lk - si S�, r i � �' � "� , . � .. ;� � a r 9 . .`+. .., y%;�3 ' ''µ ^ � �u�l�n+.3 ` ♦ f''tf !"; �a:.� �..� ..,• ° �' r' � � 't�` *� �. ._ .}..... •.. .... .. ,r ,.F �ty4��� "+, ��'� *J'�{y ? . a s a �. ���+-:. _ m� i , r • y rh' �. � - .�A" p1d t *rYMai14 • 4 � 1.��t�*'J�" a _ " - _ .. .. * - v ,. _ r � �� � - [ -'�[ ■ilia+, ATTACHMENT # 3 SYMBOL B/O/W E/0/D W/L R/O/W E/0/P C/L CIF Pa DESCRIP77ON BACKOFWALK EDG£OFDIRT WHITE LINE RIGHT OF WAY EDGE OF PAVEMENT CENTER LINE CURBFACE PROPERTYLIN£ FENCE �t�11��1��)♦� WAU —_L-'-'�----- DRIMWAY BUSHES TREE STFEPOLE 0 EXISTING LmLITYPOLE )11 STREETLIGHT �lrovclasrrm�7�1 X DOWN GUY (1 F/REHYDRANT " V77LFFYVALVE 101 UHLFTYMANHOLE ® SEKRMMNHOLE ■ SQUARE VENT • ROUND VENT DIG -ALERTS HANDICAP RAMP FIELD SYMBOLOGY CROWN ("."I'ASTLE LAD088-01 1 OF 6 TITLE SHEET 2 OF 6 EQUIPMENT DETAILS 3 OF 6 POWER PEDESTAL DETAILS 4 OF 6 ELEVATIONS 5 OF 6 SITE LOCATION PHOTOS 6 OF 6 SITE PLAN SHEETINDEX THE PROJECT CONSISTS OF THE INSTALLATION OF WIRELESS ANTENNAS AND ASSOCIATED EQUIPMENT ON A NEW 40'-0" FAUX PAI M TREE (34'-8" 10P OF POI F). TOTAL STRUCTURE HEIGHT: 40'-0". THIS NODE SITE IS PART OF A DISTRIBUTED ANTENNA SYSTEM (DAS). EQUIPMENT CONSIST OF: o) 3-51.3"L x 6.1"W x 2.7"D (KATHREIN 742-215) PANEL ANTENNAS. b) 3 23.2"L x 12"W x 7A "D (AMPHENOL HTXCWW63111414F) PANEL ANTENNAS. c) 1-10"L x 6.5"W x 3.5"D POWER BREAKER/DISCONNECT BOX. d) 1-29.330"L x 6.821"W x 9.843"D BTI RADIO UNIT (INSIDE POLE). a) 1-32.7"L x 6.1"W x 5.8"D ION-M17P/19P (INSIDE POLE)- f) 1-16"L x 17"W x 48"H MYERS ELECTRICAL METER PEDESTAL (100 AMP). PROJECT DESCRIPTION COORDINATES LATITUDE: 33.652365 N I LONGITUDE:-116.312790 W � �4g 19 "Inc Q NpR1N T.C. BC 879-E1 CAVE WA1DMD — PROJECTAWA, CALLE'rEl ECULA CABLE PCITRFA0 L_ cruLE IIIII CALLSTEMECULA t5 I LU LU CALLE'POTRERO' - VICINITY MAP OWNER: CROWN CASTLE 1100 DEXTER AVE. SUITE 250 SEATTLE, WA 98109 PHONE: (206) 336-7382 ZONING: N/A APN#: N/A PROJECT SUMMARY CROWN CASTLE CONTACTS: PROJECT MANAGER: PHONE: STEVE WEINGARDT (805) 732-0576 RF ENGINEER: PHONE: SAEED GARSHASBI (949) 812-8901 CONSTRUCTION MANAGER: DIEGO MONCADA ZONING MANAGER: STEPHEN GARCIA PROJECTTEAM CARLOS PUENTE IMPERIAL IRRIGATION DISTRICT 81-600 AVE, 58TH La Quinta, Ca 92201 PHONE: (760) 398-5837 cpuente@iid.com UTILITY COMPANY CONTACT INFO PHONE: (760) 791-6851 PHONE: (480) 225-0151 APPLICANT: CROWN CASTLE 1100 DEXTER AVE, SUITE 250 SEATTLE, WA 98109 PHONE: (206) 336-7382 WIRELESS IMPLEMENTATION ENGINEER: N/A JURISDICTION: 'LA QUINTA ENGINEERING COMPANY: CABLE ENGINEERING SERVICES ELIZABETH VILLALOBOS CELL: (818) 314-8150 10640 SEPULVEDA BLVD. SUITE 1 MISSION HILLS, CA, 91345 PHONE (818) 898-2352 CABLE ENGINEERING SERVICES OSP ENGINEER: JEREMY HARMON 10640 SEPULVEDA BLVD, SUITE 1 MISSION HILLS, CA. 91345 PHONE (818) 898-2352 SAE NAM: LADOBB-01 LA QUINTA M CCA�TL E C1oxon Casllo 115-0E�E%SLR AVE S'IME11,'a SEASTt- WAN i cable snglnsBring SBf VICBS PRESCOTT COMMUNICATIONS INC 10640 Sepulveda Blvd, SuBe 1, Mission Hills. CA 91345 Phone No : (818)898-2352 Fax No: (818)698-9186 C E.S. PROACT ND.: 76000672.15 REVYSIOHS -- . , I 1 D.i- Ay- I + T:ik1 r1,�i:1...,. 1•t1 w •' 11 .., f M z allEF1+1u1.16Ea 1 OF 6 w 25 of 206 CALLE TEMECULA KATHREIN AMPHENOL MODEL-742-215 MODEL-HTXCVVW6311 141 4F CURBFACE SECTOR: A,B, & C SECTOR: A,B, & C SECTOR A F � D N ANTENNA v ✓1 ,rj 40� F s.1G' O O°O O y t 2. o 2 ©' TOP VIEW w 90' SCALE: SCALE FN LE: VECTOR DETAIL (TOP ARRAY) N.r.s- ANTENNA N.T-S- 2 ANTENNA s-3 40W REMOTE 20W REMOTE UNIT UNIT 114 KATHREIN 742-215 PANEL ANTENNA (3 @ 120) S} BTI REMOTE UNITS SCALE: 4 N-T.S, PRODUCT — ANDREW CORPORATION I0N—M17P/19P RADIO— ION—M17P/19P RADIO MODEL — S-3—CPUSE—L—N sue,_ n a9} f s MOUNTING �`. BRACKET q{J (ACTUAL VARIES) a h� FRONT VIEW BACK VIEW SCALE: SCALE. SCALE SPLITTER DETAIL N.T.S. 5 N.T S. 6 STEEL POLE MOUNTING NTS 7 SITE NAME' LAD088-01 LAQUINTA SITE INFORMATION: (ADME55PENDING) SIS CALLE TEMECULA 10C Flo CIL OF AVENIDA OBREGON (FAUX PALM TREE) SHEET TITLE: EQUIPMENT DETAILS 0 C O N AS E _ Cto_wn Castle 110 DEXTER AV`e, SW'ri?54 S£ATTLE, WA W D9 cebie enp/neerinp services PRESCOTT COMMUNICATIONS INC 10640 Sepulveda Blvd. Suite 1, Mission Hills, CA 91345 Phone No.: (818)898-2352 Fax No.: (818)898-9186 76000672-15 REVIS[ONS: DJOH 0375—T3 PRELIMINARY H o3 7-13 a ow F+vxn oc OY �a SHEET NUMBER. m 2OF6 58 FRONT CONNECTED 13 OR 15 JAW METER SOCKET W/SEALING RING --HANDLE/BRACE., ` ONE PIECE COVER TOP/FRONT/SIDE 6" 11" 1 HINGED MINCE DEMAND RESET DOOR " MAX„- W/6"x6" LEXAN VIEWING WINDOW FITI I METERING COMPARTMENT ON OTHER SIDE W/BUSHING 36" MIN. W/BUSHING 23` 12.5" _ - 10,5" 1 1 1 3.75" I FRONT VIEW SIDE NEW REARVIEW METER COVER (PULL SECTION (WEATHERPROOF COVER IN OPEN POSITION COVER REMOVED) & DOOR IN PLACE) NOTE: • - PADLOCKABLE & SEALABLE ++ - SEALABLE 14" I - 4.75' } i 14.5' 13" 16' 1 I COMMERCIAL REMOTE METER PEDESTAL 0-600V SINGLE OR THREE PHASE 12.25" _j TOP VIEW FRONT VIEW 'WEATHERPROOF C OPENED TO REP LOWER DOOR NOT SHOWN 181.51 3.5' 3.25' DVER R) IID UNDERGROUND DISTRIBUTION STANDARDS COMMERCIAL REMOTE METER PEDESTAL 0-800V SINGLE OR THREE PHASE N.T.B. MV 04 07-08-00[ 1ONG APPMIMED I COMMERCIAL REMOTE METER PEDESTAL DETAILS 181.5 ro N 1 Y 57 24' - 5-7/8 r 1� - 1225'O.C. - -0" O 7.5, 1' e 0 4-MOUNTING BOLT (4-1/2' x 4' HILT BOLT) B-X6- #10 GAUGE WIRE MESH 1" CHAMFER ALL MOUND 2' SCHEDULE 40 CONDUIT, TO PAD 0 5/8' x 10' C.W. GROUND ROD NOTES: 1. LOCATION AND DIRECTION OF METER TDP VIEW PAD TO BE DETERMINED BY I.I.D. METER SHOP IMPERIAL T 760 339-9210: COACHELLA AT �80 3 8-5828 2. ALL SWEEPS TO BE P.V.C. SCHEDULE 40, CONCRETE ENCASEMENT NOT REQUIRED. 3. ALL CONDUIT TO BE PVC SCHEDULE 40 4. MINIMUM CLEARANCE OF 3' FROM, STRUCTURE, OR BUILDING, PLANTS, ETC. ON ALL 4 SIDES. REFER M CLEARANCE 100.18 1" CHAMFER , FRONT OF PAD 8'X8' #10 GAUGE WIRE MESH r 2' SCHEDULE 40 CONDUT 70 PAD 5/8'x10' C.W. GROUND ROD -1I 1M VIEW IID UNDERGROUND DISTRIBUTION STAI COMMERCIAL REMOTI METER PEDESTAL ,ram, FOUNDATION PETAL T. KM N. OAPPDlGTLB APPRUMU ummWwAll FINISH GRADE SCALE: NITS SITE NAME. LAD088-01 LA OUIN T A SITE INFORMATION: (ADDRESS PENDI NO) SIS CALLE TEMECULA 104' EIO CIL OF AVENIDA OBREGON (FAUX PALM TREE) SHEET TITLE. POWER PEDESTAL DETAILS mcl?owCASE Crown Castle 11100 DEXTER AVE, SUITE 250 SEATTLE, WA 99109 - PLANS PREPARED BY: G861fa81 aalgin8gMr1Rg servla m PRESCOTT COMMUNICATIONS INC 10640 Sepulveda Blvd. Suite 1, Mission Hlls, CA 91345 Phone No : (818)898-2352 Fax No: (818)898-9186 CI-S, PROJECT NO 76000672-15 SHEETNUMBER: 30F6 NOTE: I'AEEAl m do CORR05Aril REy51AV1 51GI COAX SHALL REMAIN STRAIGHT FOR A MINIMUM OF 4" FROM PER O.O 95 RTAE 94.5 (k4a"S) REOU90045 BOTTOM OF CONNECTOR TO BEGINNING OF THE BEND S114L BE afFIXED IO ME y1E ROLL NR tE 5 WN TRKE fSj FEE♦:1 BROW " N,TEfF s 1MEA511AE8 FROM 171E 10P Of I"r r NQ LES$ TfYS1 NRIC (9 F£C1 AB04F 4th7M1id t1NE (MEASIFIEO FRA61 EIE 430170M OF FNE 41CI1?. CONCEPTUAL REPRESENTATION OF FAUX CALIFORNIA FAN PALM FRONDS (EXACT TO BE PROVIDED BY LARSON C/ (3) KATHR PANEL ANT �3) AMPHENVL HTXCWW163l I 1 Y � 1 ANEL ANTENNAS ELEVATIONS 1 BTi RADIO UNIT AND 1 CROWN CASTLE ION-M 17P/ 19P INSIDE POLE) BOTTOM OF DISCONNECT W-0 61GL1 �s FIBER SPLICE VAULT or r FRONT VIEW LOOKING SOUTH CONCEPTUAL REPRESENTATION OF FAUX CALIFORNIA FAN PALM FRONDS (EXACT TO BE PROVIDED BY LARSON CAMOUFLAGE) (3) KATHREIN 742-21 PANEL ANTENNAS 3) AMPHENOL HTXCWW63111414F- ANEL ANTENNAS CA SIDE VIEW LOOKING EAST TOP OF STRUCTURE 40'-0: AACL)_ UNIT AND 6TLE ION-M17P/19P VAULT J $11E NAKIE: LAD088-01 LADUINTA SITE INFORMATION- (ADDRESS PENDING) SIS CALLE TEMECULA 104' EIO CIL OF AVENIDA OBREGON (FAUX PALM TREE) TITLE: ELEVATIONS 61 CCAOSTLE Crown Castle rW OE%TER AYE. SUITE 250 SEATTLE,wA%109 — P TANS PREPARED BY: engcabinlnaaring services PRESCOTT COMMUNICATIONS INC 10640 Sepulveda Blvd Suite 1, Mission Hills, CA 91345 Phone No : (818)896-2352 Fax No..: (818)898-9186 C.E.S. PROJECT NO.: 76000672.1 5 REYiSIONS; , LO 1 03-25- 13 PRELffAINARY VH wrxs a. SHEET NUMBER 40F6 92 of-gois— s CROWN CASTLE TO PLACE PULL VAULT (1) 17"x3D"xl5" °ULL VAULT LID 10 BE MARKED (CROWN CASTLE) I41`Y LINE TYPE LEGEND: PROPOSED CONDUI" POWER -- GAS - - WATER PHONE STREET LIGHT OIL SEAER - -CABLE TV - DRAIN - IST, MAIL BOXES T2' CROWN CASTLE TO PLACE G"', Q PULL BOX (1) ELECTRICAL METER PEDESTAI- IN EXIST. PARK ENCLOSURE. NOTE: SITE ADDRESS TO BE LABELED ON FACE OF METER PEDESTAL WITH MIN. 2" TALL REFLECTIVE ADHESIVE LETTERING F La I. 123'1 E CF G/L AVENIDA 08REGUN MEASGREU ALONG N. CJREIFICI OPEN LOT CALLS TEMECULA UIRI PgWY. XIST, WALL 7' CONC. WALKWAY SEE DETAIL "A" t wsr 1 1 � I 1-600-227-2600 GlL N IU51 AO pR TICKET A EXIST. BR'CK WALL 15T. I.I.D. PULL BOX EXIST. UTILITY POLE #48144 � Pn aJ, ooI \—EXIST PULL BOX EXIST. VZ METER PEDESTAL CROWN CASTLE TO PLACE PULL VAULT (1) 17"x30"xl5" PULL VAULT LID TO BE MARKED (CROWN CASTLE) PROPOSED FAUX PALM TREE ref r r r r r rr r ! a I r r 1 f � � I I I I 1 1 l Q 1 1 A ti t r xt EXIST. MAIL BOXES — CROWN CASTLE TO PLACE VAULT#1 (1) 24"06%30" FIBER SPLICE VAULT LID TO BE MARKED (CROWN CASILE) CROWN CASTLE TO PLACE A NEW 40'-0" FAUX PALM TREE (34'-8" TOP OF POLE). TOTAL STRUCTURE HEIGHT: 40'-D". THIS NODE SITE IS PART OF A DISTRIBUTED ANTENNA SYSTEM (DAS), EOUIPMENI CCNSISF OF: a) 3-51.7"L x 6.10"W x 2,8"D AND 3-23.21 x 12'W x 7.1 "D PANEL ANTENNAS b) 1-101 x 6,5"W x 3.5"D POWER BREAKER/DISCONNECT BOX. c) 1-327% x 6.1"W x 5.8"D ION-M17P/19P. d) 1-29.330"L x 3.327"W x 9,8431 40W BTI REMOTE UNIT AND 1-25.394"L x 3,327"W x 9.843"D 20W BTI REMOTE UNIT. CROWN CASTLE TO PLACE VAULT #1 (1) 24"x36"x30" FIBER SPLICE VAULT LID 10 BE MARKED (CROWN CASILE) EXIST, MAIL BOXES V_ ' + _ 1 ^ _11� r- 7' PALM FRONDS L 3' Y \i 1 o t t EXIST. WALL tt t ti c 1 —EXIST PALM TREE (I V l k l I DETAIL "A" SCALE:1'�14" s GRAPHIC SCALE 20 C 10 20 FEET SITE MAMIE. LAD088-01 LA OU14TA SITE INFORMATION: (ADDRESS PENDING) EIS AVENIDA OBREGON 145' SIO CIL OF CALLETEMECULA (FAUX PALM TREE) SHEET TILE: SITE PLAN - -- CRO, V V N CAS i-L V Crown Castle 1111DEXMERAVESLi ZD SEATTLE, WA IIIN ri.,anm rnzry,n eu n� 160� cah+Ic cerrra�ineeriiag SCFV%C4.S PRESCOTT COMMUNICATIONS INC 10640 Sepulveda Blvd. Sute 1, Nission His, CA 91345 Phone No.: (816)896-2352 Fax No.: (818)89Ml86 r C. E S. PROJECT NO.: ` 76000676"15 REVISIONS; LO 04-24-13 PRELIMINARY VH JH w a Dora: r+ - SHEET NUMBER: 60F6 29 of 206 LAD088-01 - La Quir��,:CA ATTACHMENT # 4 30 of 206 - La 31 of 206 1'-L; 32 of 206 DISTRICIMPERIAL IRRIGATION t (WI R \ ►►" i, ►I► NIWI \R 111 `, • I' (1 ►iO\ Q37 • 1\I►'► ►ZI \I ( \'0:,;I ("' ATTACHMENT # 5 June 21s', 2012 Mr. Eric Ceja, Assistant Planner City of La Quinta Planning Department 78-495 Calle Tampico La Quinta, CA 92247-1504 Mr. Ceja, This letter is to confirm my discussions with Susan Makinson of Crown Castle concerning the possibility of Crown Castle attaching an antenna onto a wood power pole owned by Imperial Irrigation District above the 7.2/12.5kv distribution circuit. I have provided a summary response in bullet -point format for reference: 1. IID does not allow customers to mount antennas on their wood utility poles due to required clearances between high -voltage power lines and communication cables, as mandated by General Order 95, rule 38, Table 2 (governed by the California Public Utilities Commission). 2. No communication -utility company may install attachments (antennas) above the IID 7,200/12,470-volt distribution circuit. 3. All communication -utility attachments on an IID-owned pole must be installed below the primary power line and maintain a minimum of a six (6') foot vertical and horizontal clearance between the primary distribution power line and the communication -utility attachments. In other words, the top of the antenna must be 6-feet below the distribution circuit and no communication cable may run up through the distribution circuit, such as attached and running along the side of the pole due to six (6) foot clearance requirements per General Order 95 clearance requirements (Rule 38, Table 2). 4. IID will not authorize a taller replacement pole to accommodate a communication -utility proposing to attach above the distribution circuit (see item #2) 5. It may be possible to set a new pole in the PUE (public utility easement) alongside of an existing IID-owned pole as long as the newly installed pole is placed at a minimum of ten -feet away from the distribution circuit; please note that the distribution circuit begins at the outer -edge of the cross -arm on which it runs. A standard cross -arm is ten (10') feet wide; therefore the total horizontal setback requirements for a new pole to be placed alongside of an IID pole would be approximately fifteen (15') feet. Should you have any further IID-specific questions, please feel free to contact me personally. Regards, Bruce W. Simonton cc: Villa, Elizabeth for Mario Escalera Engineering Technician, GIS Energy Records Manager, Energy Operations& I nfrastructu re Imperial Irrigation District Evans, Angela, Mgr., Energy Dept., Assist. bwsimonton@iid.com Barraza, Guillermo, Gen. Supt., (760) 482-3471 Customer Operations &Planning, La Quinta 33 of 206 ATTACHMENT # 6 34 of 206 I i ram•' ATTACHMENT # 7 35 of 206 ATTACHMENT # 8 LAD088MOl East Side of Avenida Oregon, South of Calle Temecula, La Quinta, n 9 M z 1112aroPCS. MetroPCS Inc. —Proprietary ft tThis Document contains proprietary information of MetroPCS and is not to be disclosed or used co Wheless for All. except in accordance with applicable agreements. 36 of 206 �� M He Si m rK PreIa 6/ 17 x �` AD y a NJ —.--- - r 1 F ppgq Ey e a e _C0 54 i■ ,r al le Te _ : . . L ■ Ai rpo rt Bwd � , 1 Map Legend ❑ In Building (-85 dBm) 7 j ❑ In Vehicle (.95 dBm) Outdoor (402 dBm) ! ip Wireless for All. 37 of 206 38 of 206 39 of 206 L/I CCAOSTL E February 13'h, 2013 Doug and Katharyn Cully, ETAL 7336 Rindge Avenue Playa del Rey, CA 930293, Dear Mr. and Mrs. Cully, ATTACHMENT # 9 RECEIVE® FEB 15 2013 PlANNCNINTA 0 AURT+}I+11:NT As you may be aware Crown Castle has filed Condition Use. Permit applications with the City of La Quintds Planning Department to install a DAS (Distributed Antenna System) Wireless Network consisting of four (4) separate wireless antennas within the boundaries of the City. Crown Castle is a utility and has a franchise with the California Public Utility Corporation (CPUC) to install wireless Infrastructure within the Public -Rights -of -.Way. DAS is designed as a multi -tenant wireless network and can accommodate multiple carriers on each node. This network is being proposed to improve the wireless coverage and capacity within the City. Currently, we are under contract with -MetroPCS and are presently in negotiations with Verizc n Wireless; however they are not under contract at the moment. At this time, three (3) of the four (4) DAS node locations in the network have been approved by the Planning Commission-(EsenhowerfCohma, Avenue 50/Park Avenue and Jefferson Avenue and Avenue 52) and construction Is underway, We have recently submitted the fourth and final application to the City. The proposed location Is within the Historic La Quinta Cove neighborhood in close proximity to your home. We have worked diligently with the Plahning Staff at the City, in addition to meeting with the Cove Association to obtain their input. Many factors go into making a site location decision, such. as the coverage needs of the carrier, the distance between wireless antenna nodes, topography, signal distance, construction feasibility, homeowner views, driveway/egress access, etc. After taking all of the above -mentioned items into consideration, there are two possible locations where this DAS node could be located: 1, adjacent to your property situated north of Temecula on the east side of Obregon 2. adjacent to the acacia tree of the property located at 54552 Avenida Obregon At the direction of the City, we are contacting you to inform you of our project and the two proposed locations. We have provided summary project information including photo-slmulations, aerial map, frequently asked questions, etc along with this letter in order to answer basic project - related questions that you may have. 40 of 206 CCAOTiYN After speaking with the City Staff and the Cove Neighborhood Association, It is the general consensus that the preferred location for this proposed DAS node would be Option #2, adjacent to the acacia tree along Temecula. The main reasons would be that the pole can be better screened by the tree hence it would be less visible and some smaller shrubs, etc can be installed during: construction to help soften the overall look. The first option is still a viable option and additional small shrubs, etc can be installed at that location as well. The main rationale is that the DAS node would be very visible due to the vacant lot being wide open, thus harder to screen, hence it was not the preferred location option. The following information has been included within your packet: 1. How DAS Works 2. Zoning plans for proposed DAS node (including photos) 3. Aerial overview map of location options 4. RF Frequently Asked Questions 5. Increase in Wireless Demand Chart We ask that once you have had a chance to review these materials and consider the options to please provide us with your feedback as to which option you would prefer. A return courier packet has been included for your convenience. A response within the next ten (10) calendar days following reception of this request would be greatly appreciated in order to stay on schedule with the City's Planning Department. Should you have any questions or if you would like further information, please contact me directly and it will be my pleasure to assist. With kind regards, Susan Makinson Crown Castle Land Use 480-430-3682 susan.makinson.contractor@crowncastle.com cc: Eric Ceja, City of La Quinta Planning Department Kay Wolff, President, La Quinta Historic Cove Neighborhood Association 41 of 206 CC AOS WEN February 13th, 2013 Crown Castle Susan Makinson 5350 N. 48'h Street, Suite 305 Chandler, AZ 85226 Dear Susan, In response to your inquiry dated February 13th, 2013 1 have reviewed the Informational packet that you provided and hereby provide the following response: Of the two possible location options, my preference is (please circle your selection): 1. adjacent to the vacant lot situated north of Temecula on the east side of Obregon 2. adjacent to the acacia tree of your property located at 54552 Avenida Obregon A space has been provided for any additional comments that you may have: 42 of 206 ATTACHMENT # 10 Joshua Sherratt 1035 Carmelo Street Monterey CA 93940 March 20, 2013 Mr. Les Johnson Director City of La Quinta Community Development Department PO Box 1504 La Quinta CA 92247 Re: Proposed Crown Castle cell tower at corner of Avenida Obregon and CalIe Temecula Dear Les: RECEIVED APR 4 2013 CITY OF LA QUINTA PLANNING DEPARTMENT I am the owner of 54552 Avenida Obregon. I do not want a cell tower installed next to my property or at the vacant lot across the street from me on the corner of Avenida Obregon and Calle Temecula. The tower will be directly in the line of sight of my pool and patio area and can be seen from the master bedroom, kitchen and family areas. No matter what design (a hideous 40ft tower covered with antennas and panels or a huge fake palm tree) is proposed, I will be financially damaged if the City of La Quinta allows this tower to be constructed. I own 5 houses in the Cove and 3 of them are in close proximity to the proposed tower location. I pay a lot of property taxes that benefit the City of La Quinta and, in return, I want the City to help me stop the assault on my property and my neighborhood. No one in the Cove will want this monstrosity near his or her own home! I assume that the City of La Quinta has been offered compensation for the use of the easement. I, on the other -hand, have not been offered anything; in fact I have everything to lose and nothing to gain, including visual blight, mental unrest, and property value LOSS! I do not wish to cause controversy, take up anyone's time, my money or tax payer money, however, if the City of La Quinta is willing to let Crown Castle take property value away from me I will certainly inform my attorneys to seek damages from the City of La Quinta. In addition, the Cove community and the valley will be alerted to this issue through television news and the Desert Sun newspaper if this goes in a negative direction for me, the Cully family, and the rest of the Cove community. 43 of 206 I am upset that the City of La Quinta would consider a project so harmful to the Cove neighborhood. I have communicated to Ms. Susan Makinson of Crown Castle that I am opposed to the installation of the cell tower next to and across the street from my property. Sincerely, i:: Joshua Sherratt Copy to: Eric Ceja Edward L. Alderson Katie Barrows, Chairperson Robert Wright, Vice Chairperson Mark Weber Robert Wilkerson D & K Cully 44 of 206 Mar 1713 10:04p 000 0000000000 p.1 The Cully Family Trust 7336 Rindge Avenue Playa del Rey, California 90293 (310) 821-7428 March 17, 2013 Via facsimile (760) 777-7011 and US Mail Mr. Eric Ceja Assistant Planner Community Development Department City of La Quinta Post Office Box 1504 La Quinta, California 92247-1504 Re: Proposed wireless antenna tower installation at Avenida Obregon & Calie Temecula and 54552 Avenida Obregon La Quinta, California Dear Mr. Ceja: In case there is any confusion or misinterpretation of our prior correspondence to the City of La Quinta, dated March 6, 2013, we wanted to clarify our position in relation to the proposed installation of the Crown Castle wireless tower: • We are opposed to the: tower project at both locations, adjacent to our property and at the Sherratt property, 54552 Avenida Obregon. • We are opposed to the tower, regardless of its design (a brown telephone pole or artificial palm tree) because the project, in its entirety, is not compatible with a residential neighborhood. • We are opposed to the installation of a 38 foot wireless tower that would be grossly out of scale in a neighborhood of primarily low -profile, one story homes. • We are gpposed to the tower project because, in addition to aesthetically and financially damaging the proposed sites, it will harm the property values and aesthetics of the neighborhood for many blocks surrounding the tower. - 45 oi'206- _.—_ Mar 1713 10:04p 000 0000000000 p.2 Please note that any and all references to an alternative design (palm tree, pine tree, bell tower) in prior correspondence were merely suggestions to the Gay of La Quinta staff when considering an alternate appropriate site away from Cove residerces; said comments should not be interpreted as a change in our opposition to the project. Should you have any questions, please feel free to contact us at the listed telephone number or, alternatively, you may contact our son, Mark Cully, on (310) 614-5253. Sincerely, P Douglas F. Gully 4 { Katharyn M. Gully Enclosures cc: Les Johnson, City of La Quinta Joshua Sherratt, 54552 Avenida Obregon The Cully Family Trust 7336 Rindge Avenue Playa del Rey, California 90293 (310) 821-7428 March 6, 2013 Mr. Eric Ceja Assistant Planner Community Development Department City of La Quinta Post Office Box 1504 La Quinta, California 92247-1504 Re: Proposed wireless antenna tower installations APN #774-242-009 APN #774-242-010 Avenida Obergon & Calle Temecula La Quinta, California Dear Mr. Ceja: We are the owners of the above -referenced parcels and it is our understanding, based on a February 19, 2013 telephone conversation between you and our son, Mark Cully, that the City of La Quinta Community Development Department seeks our feedback concerning the installation of a proposed wireless tower and associated equipment. We are in receipt of correspondence, dated February 13, 2013, from Crown Castle, a 20 billion wireless antenna contractor and o erator of over 22,000 sites nationwide, advising us that they were in the process of seeking approval from the City of La Quinta for the installation of the following (the "project"), to be located adjacent to the above -referenced parcels: • Wireless antennas, repeaters and associated equipment onto a new 45'-0" (38'-6" AGL) wood pole. The node site is part of a distributed antenna system (DAS) • (3) 51.7"L x 6.10nW x 2.8"D and 3-23.2"L x 12"W x 7.1"D panel antennas • (1) 10"L x 6.5"W x 3.5"D ION-M17P/disconnect box • (1) 29.330"L x 3,327"W x 9.843"D 20w BTI remote unit and 1-25.394"L x 3.327"W x 9843"D 20w BTI remote unit Antennas and equipment painted brown to match pole • (1) 16"L x 17"W x 48"H electrical meter (100 AMP) 47 of 206 11' OF I.I.D. 3" conduit and 115' of Crown Castle power 2" conduit & 8' of Crown Castle fiber 3" conduit (1) 24"x26"x30" subterranean fiber splice vault, to be located approximately 7' to the north of the proposed cellular tower, adjacent to Avenida Obergon (1) 17n n n x30 x24 subterranean power pull box, to be located approximately 7' to the south of the proposed cellular tower, adjacent to Avenida Obergon 1-48"Hx13"Wx12.25"D commercial above -ground remote meter pedestal, to be located adjacent to Calle Temecula Despite the fact that this project has been in the design phase since at least the last quarter of 2012, we were not contacted by Crown Castle until February 2013, only after representatives of both the City of La Quinta Community Development Department and the La Quinta Cove Neighborhood Association urged that those impacted the most by the project, specifically the individual property owners, be provided notice of Crown Castle's proposal. Crown Castle's correspondence (attached) included an abundance of information concerning the proposed project in narrative, schematic and pictorial formats. In addition to our property as a proposed location, Crown Castle's correspondence referenced a second location, adjacent to a home located directly across the street from our property, on the side of Calle Temecula, at 54552 Avenida Obergon. In addition to information related to the project, the Crown Castle correspondence included a survey requesting our input as to which of the two (2) locations we preferred: 1. Adjacent to the vacant lot situated north of Temecula on the east side of Obergon 2. Adjacent to the acacia tree of your property located at 54552 Avenida Obergon' Crown Castle's survey failed to include a third option, specifically the reiection of both locations. After carefully reviewing the information provided, we are of the opinion that such a project, at either location, would be of great detriment to our property, 54552 Avenida Obergon and to the surrounding neighborhood. 48 of 206 In order to better acquaint you with our history related to the City of La Quinta and the reason for our opposition to the proposed wireless tower, allow me to provide you with the following information: • The referenced parcels were purchased in the 1950s, when the City of La Quinta was comprised of what is commonly referred to today as `the Cove' • The street system did not have curbs or traditional street signs and a stop sign was rarely seen while the streets themselves were barely more than a faint covering of gravel • By necessity, properties used septic tanks • Cable television and wireless communication did not exist • Prior to the Cove's water shed containment project, it was not uncommon for our property to suffer the effects of uncontrolled water runoff from the surrounding mountain range annually • Through the years, we have paid special area improvement assessments, sometimes exceeding the value of the property, itself • In the early 1990s, at the time the street curbs were installed in the Cove, we allowed the City of La Quinta's contractor to use our property as a staging area for construction activity and vehicle storage, gratis • On several occasions, when others illegally dumped debris on the properties, we incurred hundreds of dollars in costs to clean up the property ensuring that the City of La Quinta and Cove neighbors wouldn't suffer the affects of others' bad behavior while ensuring that native plants were maintained in place The purpose of outlining the above events is to highlight to the City of La Quinta that because the property has not been developed to date, combined with the fact that we do not reside in the area should not be misinterpreted as a lack of interest in maintaining and protecting the value of the property, as well as the surrounding Cove neighborhood. Over the years, the City of La Quinta has made improvements to the Cove neighborhood; many of which we have witnessed firsthand! Among the improvements that have been completed since we purchased the property are the installation of curbs, gutters, paved streets, street signs, stop signs, water run-off control, sewers and cable television. Each of these improvements' sole purpose has been for the enhanced functionality and aesthetics of the Cove neighborhood, while simultaneously adding to curb appeal and property values. It is our understanding that the City of La Quinta maintains building codes and ordinances that aid in maintaining standards established by the City. In fact, the location of property utilities (electricity, telephone, cable and sewer) are purposely located to the rear of property, along an easement, to ensure that a property's curb appeal is protected. 49 of 206 The proposed project includes the installation of a 40' tower and aforementioned equipment, two (2) subterranean vaults fronting the east side of Avenida Obergon, north of Calle Temecula, impacting approximately 30' of Obergon street frontage. In addition, the proposed project includes the installation of an above ground meter, 48" in height, and 108' of subterranean conduit impacting the entire length of the property's street frontage along Calle Temecula. In addition, the plans call for encroachment onto our property for approximately 13' of Calle Temecula frontage in order to accommodate a power supply to the proposed project. As previously stated, we are adamantly opposed to the proposed wireless tower project for the following reasons: • The project is poorly conceived and its execution will have an adverse affect on the burdened properties and the entire Cove neighborhood • The project is aesthetically unappealing and, regardless of Crown Castle's assertions, is impossible to camouflage a 40' wireless tower that is covered with antennae and wireless transmission panels and located 6 feet from a street curb • As stated in the Crown Castle correspondence, the project is not intended to benefit property located in the Cove but, rather, a commercial venture intended for leasing pole space for future use by wireless phone companies such as Metro PCS, Verizon and possibly, additional carriers • The installation of a wireless tower on the burdened property would severely damage the value of both of our parcels, as well as the surrounding properties within eye sight of the 40' tower • The proposed placement of the tower, vaults, meter and conduit would severely limit the ability to develop the property, placing limits on ingress and egress locations • The property value would be severely diminished and we would suffer an economic loss • Reoardtees of documented research th rce `on of a eat r� - exists with the installation of a wireless tower in a residential neighborhood, certain to adversely affect prd2e values in the Cove If' such a tower were installed so close to homes, it may expose the City of La Quinta to future legal action brought by those claiming to suffer from health -related issues caused by said tower. By locating the tower in a location away from all homes, the potential for such lawsuits could be reduced. As an alternative, the Crown Castle correspondence suggested a second location (Option 2), installing the wireless tower in the side yard of 54552 Calle Obergon, fronting Avenida Temecula. This location merely shifts the burden to a neighboring property while doing nothing to reduce the aesthetic blight and perceived health risks such a project would bring to 50 of 206 the neighborhood. Accordingly, we are opposed to both locations proposed by Crown Castle. Many communities in Southern California have strict design guidelines for the construction and installation of wireless towers. Many planning departments require cell tower operators to mimic surrounding vegetation, resulting in the tower being constructed to look like a palm or pine tree or a bell tower. If a suitable location within the Cove neighborhood, away from homes, is identified, I suggest that the City of La Quinta apply a stringent design criteria to said project ... perhaps requiring Crown Castle to purchase an outlying parcel, install a small grove of date palms and construct a wireless tower, designed to blend in with surrounding plantings. We have contacted Mr. Joshua Sherratt, the owner of 54552 Avenida Obergon, the other proposed installation location. Based on several communiques, Mr. Sherratt has stated that he concurs with our position that neither of the proposed locations is suitable for the installation of a wireless tower and that both locations would adversely impact our individual properties directly and indirectly while creating visual blight for the surrounding Cove neighborhood. Over the past 60 years, we have been responsible and responsive property owners, supporting any and all reasonable city -sponsored efforts for the betterment of the City of La Quinta, especially the Cove neighborhood. As responsible property owners, we, in return, count on the City of La Quinta to ensure that projects that are clearly detrimental to the quality of life for its residents are wholly rejected. In conclusion, we are greatly concerned that a third party for -profit vendor, with no association with the City is able to conceive, plan for several months and attempt to execute a project which would adversely affect our property without consulting us. Only after realizing that the City of La Quinta would not consider the proposed project were we contacted by Crown Castle. We then were provided a survey that did not adequately detail all options concerning the project, failing to include an outright rejection of either proposed scope of work; rather, we were asked to approve one of two alternatives, either burdening our property or that of Mr. Sherratt's, while allowing the neighborhood to be negatively impacted. We were then encouraged to respond quickly for we were led to believe that an application for the proposed project was pending with the City of La Quinta; this evidently, is not the case. By Crown Castle's own admission, the project has a sole purpose of improving existing wireless service to the area; the project is not intended to serve individual properties within the Cove neighborhood and is not a utility that serves individual parcels. 51 of 206 In principal, we are not opposed to wireless service or private enterprise. However, we do believe that a well -planned approach to the installation of a wireless tower system in the Cove, or in any community, should include the thoughtful selection of a locale where no homeowner will be adversely affected, with the project's final design determined through City and community input. Today, we learned that tomorrow, Thursday, March 7, 2013, from 2:30PM to 7:3013M, Crown Castle will be hosting a five -hour `neighborhood information meeting' at the La Quinta Library, in an attempt to seek feedback and support for the proposed project. Despite their efforts to notify surrounding neighbors, we, the property owners directly affected, were not notified of said meeting. We can only assume that this was a purposeful omission on the part of Grown Castle. In addition to events concerning our own property, we wish to be kept apprised of any and all future proposals related to the installation of wireless tower(s) in the City of La Quinta's Cove neighborhood. Should you have any questions, please feel free to contact me at the listed telephone number or, alternatively, you may contact my son, Mark Cully, on (310) 614-5253. Sincerely, Douglas F. Cully Katharyn M. Cully (;r Enclosures cc: Les Johnson, City of La Quinta Kay Wolff, La Quinta Cove Neighborhood Association Joshua Sherratt, 54552 Avenida Obergon 52 of 206 ATTACHMENT # 11 Eric Ce To: Monika Radeva Subject: RE: Crown Castle Tower on Ave Obregon response From: Vivian[mailto:viviansellsre(&yahoo.coml Sent: Wednesday, May 08, 2013 4:09 PM To: Planning WebMail Subject: Crown Castle Tower on Ave Obregon response Eric: This will confirm my telephone call to you indicating that I "do support" the project by Crown Castle to install the tower on that corner. Homeowner Vivian Alcala Henricksnon 54735 Avenida Alvarado La quinta, CA 92253 623-215-5449 53 of 206 Page 1 of 1 Hi, iam a concerned home owner about this tower been proposed to be put right smack on the front of my home!! I know I wrote to you before and I will tell you again I DO NOT WANT THAT TOWER IN THE FRONT OF MY DINING ROOM WINDOW this area is beautiful and we do not need a tower to take away from the cove, we like it the way it is, we do not need a tower to destroy the beauty of the cove( and not to say the value of our homes( who wants to look at that big thing every dayl not sure why you even consider it!I I do not understand, you live in the cove you know how beautiful it is why mess with it? I really do not get itl that is the reason we do not have streets lights and other things to take away from the beauty of the cove, I wish we did not have electric line either, it just seems as they do not belong there! and it does not look right! any ways beside all of this? I live right smack on the front were they want to put it, and I do not care to look at it! it just does not belong there! so my answer is "NO," AND WILL ALWAYS BE" NO TO ANY THING THAT WILL DESTROY THE SERENITY AND LOOK OF THE COVE!" thank you Angela jewhurst 5"55 avenida obregon la quinta, California 92253 760-771-6886 RECEIVED APR 2 2 2013 CITY OF LA QUINIA PLANNING OEPAPTIVIENT Wednesday, April 10, 2013 AOL: Loveseeds 54 of 206 Eric C9a To: Monika Radeva Subject: RE: Cell Tower From: jr venneri[mailto:jrvenneriahotmail.com] Sent: Monday, April 22, 2013 5:57 PM To: Planning WebMail Subject: Cell Tower am writing to let the planning commission I do not want a cell tower at Calle Temeleca/Obergon. Please let me know when this issue is being addressed. Sincerely, J.R. Venneri 55 of 206 Eric Ce`a om From: adolfo44@aol.com Sent: Sunday, April 21, 2013 11:50 AM To: Eric Ceja Subject: Cell tower NO to cell tower in the cove on Calle Temecula. Adolfo Flores 54560 Avenida Rubio, La Quints, Ca 92247 email: adolfo44Ccl-aol.com 56 of 206 Eric Ce a To: Monika Radeva Subject: RE: cell tower From: michael benson [mailto:mikebensoni@yahoo.com] Sent: Saturday, April 20, 2013 10:25 AM To: Planning WebMail Subject: cell tower To: Planning Committee of La Quinta, Ca. I'm a resident of La Quinta and I strongly oppose the installation of the proposed cell tower on the east side of Avenida Obregon, just south of Calle Temecula. A neighborhood with children and adults, I'm concern with the effects of the micro wave energy that a cell tower exposes. Not only the visual ugliness of a man made plastic faux palm tree but another utility pole. Who needs this and what good is a cell tower ?? Please hear our voices NO! NO! NO! Thank You, Michael A Benson 54510 Avenida Alvarado La Quinta, Ca. 92253 57 of 206 Date: q /"), a oP, fl Dear City of La Quinta Planning Commission: Following are my comments concerning the proposed wireless tower at 54552 Avenida Obregon, La Quinta: 0 NAME: Ii E 6 In.)-- t f,a �'�s zf e- SIGNATURE: ADDRESS: ` v f PH0NE/EMAIL: - z) -;? RECEIVED APR 2 5 2013 CITY OF LA QUINTA PLANNING DEPARTMENT 58 of 206 Eric Ccja ■ ��wr �� n�r� sir To: Monika Radeva Subject: RE: Cell Tower on Avenida Obregon -----Original Message ----- From: Judi Boscardin [mailto:wispee2@me.com] Sent: Thursday, April 18, 2013 5:40 PM To: Planning WebMail Cc: Benson Martha House Subject: Cell Tower on Avenida Obregon I wish to register my concern in regard to the cell tower which is proposed to be placed in the cove, on Avenida Obregon. As a nearby resident, I believe that such a tower would be a complete eyesore to the often struggling environment. The cove has had a checkered existence in the past and now enjoys a much better reputation. Home buyers appreciate the diversity of the cove. We cove dwellers work very hard to maintain and improve on our neighborhoods. The tower can surely find another resting place. Given that there may be a need, I am sure that the city planners can find a more suitable place for the plastic, undesirable, and truly ugly tower. Think "Golden Arches" and neon signs ---- not too far distant from such urban blight! l l Please call upon a more creative solution. Thank you, Judi Boscardin 54510 Avenida Alvarado LaQuinta, Ca. 92253 59 of 206 Erik Ceja To: Monika Radeva Subject: RE: Proposed Crown Castle Wireless tower From: Bob Foord [mailto:bobfoord(&telus.net] Sent: Thursday, April 18, 2013 7:35 PM To: Planning WebMail Subject: Proposed Crown Castle Wireless tower As property owners in the Cove we strenuously oppose the placement of a wireless tower at 54522 Avenida Obregon or anywhere else in the Cove. Our community is already plagued with unsightly power lines and transformers, so adding to the landscape additional towers is without comprehension. Members of the Planning Commission and the City Council should ask themselves "would you want one of these towers in front of your home or on your block"! The Planning Commission and the City Council should be looking at ways to improve the landscape by removing the power lines rather than compounding the existing problem. Living in the Cove and using cell phones as a method of communication has not been a problem for us and other residents in the area that we know of, which leads to the question "Who is this proposed tower intended to benefit?" From our experience it does not seem to be Cove residents! We strongly encourage the Planning Commission and the City Council to reject the Crown Castle proposal. Bob & Sharon Foord 54300 Avenida Carranza La Quinta CA Email "bobfoord .telus.net" 60 of 206 RECEIVED APR 2 9 2013 Date: CITY OF LA QU'NTA PL&NNING DEPARTMENT Dear City of La Quinta Planning Commission: Following are my comments concerning the proposed wireless tower at 54552 Avenida Obregon, La Quinta: ILL r NAME: 1Aj SIGNATURE: ADDRESS: PHONE/EMAIL: 61 of 206 Eric Ceja To: Monika Radeva Subject: RE: cell tower From: Angie Dominguez[mailto:angiemyrealtorCcbgmail.com] Sent: Wednesday, April 17, 2013 2:44 PM To: Planning WebMail Subject: cell tower Please vote NO on proposed cell tower on Calle Temecula.Keep the Cove beautiful! I Thank You, Angie Dominguez Angie Dominguez Offiice (760-564-5841) Cell (909-553-2815) Fax (760-564-5890) Windermere Real Estate Old Town La Quinta 78065 Main Street, Suite 100 La Quinta, CA 92253 DRE #01182953 angieMyrealtor@gmail.com 62 of 206 11,3 Date: � � 7 Dear City of La Quinta Planning Commission: Following are my comments concerning the proposed wireless tower at 54552 Avenida Obregon, La Quinta: ADDRESS: �7-- RECEIVED PHONE/EMAIL: 1 93 AIR 2 2 2013 �) f 5`7 Vef12D r� . rze ' C. CITY OF LA +auIIvrA PLANNING DEPARYMEW 63 of 206 Date: I?r. ""*. W"?,A N Dear City of La Quinta Planning Commission: /Ea •� Following are my comments concerning the proposed wirele over �p 13 at 54552 Avenida Obre on, La Quinta: g N[ ING DEPARTMENT NAME: SIGNATURE: ADDRESS: PHONE/EMAIL: F i RECEIVED APR 2 2 2013 CITY OF LA QUINTA PLANNING DEPARTMENT 64 of 206 Date: q 115 / / 3 Dear City of La Quinta Planning Commission: Following are my comments concerning the proposed wireless tower at 54552 Avenida Obregon, La Quinta: � C,L e ta a c r e. 4 NAME: SIGNATURE: ADDRESS: PHONEIEMAIL:Uiz—�f�31� I EIVED APR 2 2 2013 CITY OF LA QUINTA PLANNING DEPARTMENT 65 of 206 Date: Dear City of La Quinta Planning Commission: Following are my comments concerning the proposed wireless tower at 54552 Avenida Ob/regon, La Quinta: ,i�1 NAME: SIGNATURE; G' ADDRESS: PHONEIEMAIL: _ &�,L-- 66 of 206 Eric Ceja To: Monika Radeva Subject: RE: Crown Castle Comment - Objection to cell tower -----Original Message ----- From: Jaymes Anderson [mailto:iaymesanderson@vahoo.comj Sent: Thursday, April 11, 2013 6:04 AM To: Planning WebMail; Eric Ceja Subject: Objection to cell tower City of La Quinta Planning: I am Jaymes Anderson, the homeowner at 54592 Avenida Obregon, La Quinta, CA 92253. 1 have just received your notice showing the placement of a cell tower two lots down the street from me. I object to the location of the cell tower and ask that it not be placed where indicated. Can it not be placed in an area where there are surrounding trees to disguise this tower which sits almost on the street. The backyard of those lots seem more suitable and the houses that the cell tower would back up to are not impacted because they do not have usable backyards. Furthermore, I for one do not want to see this every time I drive up my street to my house. It really is an eyesore sitting so close to the street on a vacant lot. I know some of the other neighbors I approached this afternoon feel the same way. Also, what are the health implications of having such a cell tower so close to our residences? Do you have data on this. Please not that this is a formal objection to the placement of the cell tower two doors down from my home. Sincerely, Jaymes Anderson 760-799-5751 67 of 206 Eric Ceja From: Martin De Clercq <martin.declercq@rocketmail,com> Sent: Wednesday, April 10, 2013 11:49 AM To: Planning WebMail Cc: Eric Ceja Subject: Crown Castle Cell Tower City of La Quinta Planning Dept. This letter is in response to a notice I received regarding the proposed installation of a cell phone tower in my neighborhood. I am opposed to this proposed installation in La Quinta Cove. As an eleven year resident of La Quinta Cove I have never had an issue with cell phone reception. Even when my group hikes up the Boo Hof Trail at the top of La Quinta Cove deep into the Santa Rosa Mountains, cell phone reception is excellent. Construction of a four story cell phone tower would greatly detract from the character and ambience of the Historic La Quinta Cove. Since adequate cell phone reception does not appear to be the real issue, I would like to know whose pocketbook is benefiting from this proposal. Sincerely. Martin De Clercq 68 of 206 Date: w -f> Dear City of La Quinta Planning Commission: Following are my comments concerning the proposed wireless tower at 54552 Avenida Obregon, La Quinta: ks a re ti4eu.f d-4 1,0 &I'l l g (j tI (P 121 NAME: SIGNATURE ADDRESS: PHONE/EMAIL: 4 69 of 206 I e Date: t' O r Dear City of La Quinta Planning Commission: `� Following are my comments concerning the proposed wirele4f&a 2013 at 54552 Avenida Obregon, La Quinta: PLANNINGCITYOF LA DEPARTMENT Z'14[ f f. t,i .TS-APPONEN_ .rr TiiifJ i. alf�lrr�► ars4WAMPA WA"PWIe-JWAEdFAS ia.�=wwv�rr�,+rrr�rw t NAME: SIGNATURE: ADDRESS: S� AE PH0NE/EMAIL. 70 of 206 J Date: %' 0 Dear City of La Quinta Planning Commission: Following are my comments concerning the proposed wireless tower at 54552 Avenida Obregon, La Quinta: NAME: -iA. P. �' �� W SIGNATURE:-�- ADDRESS: L�C_4 � Ti A- V is 4) J� L)� k e J- 0 PHONE/EMAILZ90 �Lcl� !� gI- RECEIVED APR 2 6 2013 CITY OF LA QUINTA PLANNING DEPARTMENT 71 of 206 Date: Dear City of La Quinta Planning Commission: Following are my comments concerning the proposed wireless tower at 54552 Avenida Obregon, La Quinta: NAME: SIGNATURE: ' ADDRESS: 2 PHONE/EMAIL: !! r � T ckeg -r- let . yEIVEQ APR $ 6 20?3 'OFi LA DRTWNT 72 of 206 Eric Geja To: Monika Radeva Subject: RE: Comment re: Cove Cell Tower From: ITSLKV aol.com [ma IIto: ITSLKV(daol.com] Sent: Tuesday, April 09, 2013 9:41 PM To: Planning WebMail Subject: Fwd: Comment re: Cove Cell Tower I'm sending the letter below one more time because my husband said I needed to put my name on it or it meant nothing ... oops! From: ITSLKV()aol.com To: planning(cDia-guinta.org Sent: 4/9/2013 2:05:54 P.M. Pacific Daylight Time Subj: Comment re: Cove Cell Tower We received a notice that Crown Castle wants to build a 38' cell tower in the Cove on Calle Temecula and Obregon and we would like the City of La Quinta to know that WE HIGHLY SUPPORT THE CONSTRUCTION OF THIS CELL TOWER. We have lived in the Cove for 10 years and have terrible cell phone reception, The people who are protesting this must not even own cell phones! If those people are worried about the sight of a cell tower (would it not be one that blends in with the surroundings, like the palm tree kind we see everywhere?), we believe are more aesthetic item they might protest would be the overhead powerlines...most cities in the Coachella Valley have power lines that are buried underground. We personally would prefer to see the overhead power lines buried and a nice palm tree looking cell tower constructed! And for goodness sakes, PLEASE DO NOT WASTE A DIME ON putting a round -about at the intersection of Eisenhower and Sinaloa... that would be the biggest waste of money and the biggest disaster by far. Seriously? Does the City of La Quinta have that much money to waste? That has been by far the worst consideration evert So, our vote: YES on the cell tower in the Cove; YES on burying overhead power lines; and NO to a round -about at the intersection of Eisenhower and Sinaloa! Thank you! Laura Vano 54495 Avenida Alvarado La Quinta, CA 92253 73 of 206 Eric Ceja To: Monika Radeva Cc: David Sawyer; Les Johnson Subject: RE: cell phone tower From: karen de grandmaison [mailto:an!malhouse(&cox.net] Sent: Monday, April 08, 2013 6:33 PM To: Planning WebMail Subject: re: cell phone tower I received a letter alerting me that a proposed cell tower may be erected on Temecula and Obregon. I own a vacation home on Temecula/Ramirez and I would not want to see a cell tower anywhere in the cove! Please reply with an update of the proposed Crown Castle cell tower. Regards, Karen de Grandmaison 54465 Ave. Ramirez La Quinta 74 of 206 Eric Ce a am From: PATRICIA GAMMINO <fastnet1 @msn.com> Sent: Monday, April 08, 2013 9:32 AM To: Eric Ceja Subject: Tower No to the evasion of the tower. ABSOLUTELY NOT! Save this unique neighborhood of special surrounding natural beauty. Barbara Neufeld 77420 Calle Temecula La Quinta, CA 92253 760-567-1416 75 of 206 Eric Ceja - From: PATRICIA GAMMINO <fastnet1@msn.com> Sent: Monday, April 08, 2013 9:30 AM To: Eric Ceja Subject. Tower No to the evasion of the tower. ABSOLUTELY NOT! Save this unique neighborhood of special surrounding natural beauty 76 of 206 Eric Ceja From: PATRICIA GAMMINO <fastnet1 cDmsn.com> Sent: Monday, April 08, 2013 9:25 AM To: Eric Ceja NO! to Cell Tower Patricia A. Gammino 52717 Avenida Obregon La Quinta, CA 760-564-4806 fastnetl(dmsn.com 77 of 206 Eric Ce a From: Carter Childs <casalgcc@aol.com> Sent: Sunday, April 07, 2013 10:41 PM To: Eric Ceja Subject: Re: Proposed construction of the Cell Tower Dear Mr.Eric Ceja: I write to you to express my "Strong Opposition" to any approval of the Cell Tower that has been proposed at the corner of Calle Temecula and Avenida Obregon. I believe that a more appropriate site could be developed than placing this in the middle of a populated area. I am AMAZED that such a proposal has even reached this level of consideration with the people "In Charge" of planning the best development of the City of LaQuinta. Carter Evans Childs 54355 Avenida Obregon 78 of 206 Date: A-Z11 Dear City of La Quinta Planning Commission: Following are my comments concerning the proposed wireless tower at 54552 Avenida Obregon, La Quinta: WSW ,. NAME: , SIGNATURE: ADDRESS: -- �� PHONE/EMAIL: RECEIVEL APR 8 2013 CITY OF LA QUINTA pL&NNINC €3ERARTMENY 79 of 206 Date:Z-27 z /:3 Dear City of La Quinta Planning Commission: Following are my comments concerning the proposed wireless tower at�54552 Avenida Obregon, La Quinta: SIGNATURE: ADDRESS: PHONE/EMAIL kkj� 80 of 206 Eric Ceia From: Loveseeds@aol.com Sent: Monday, March 25, 2013 12:22 PM To: Eric Ceja Subject: (no subject) good morning, my name is Angela jewhurst and I live on la quinta cove, and iam between obregon and temacula,.and !am writing in regard of the "crown castle" cell tower I want to strongly object to this idea, because iam very sensitive to the cove beauty and tranquility and comfort it brings me living in this area, and this pole 38' tall is and would be smack x street from me and right on the front of the mountain that I look at night and day, it is a really bad and ugly idea if you even consider the act of doing that! not only is an ugly monster to look at it, but also will take away from the value of our houses, and I think us home owner have the right to say how we feel and should have the right to say "NO TO THIS TOWER", I heard that the sidewalk is not ours but we live here we have to look at it, and we do not like it at all! I remember when the mountain across from my window was missed up so you can put I think a water tank, I was upset for ever over it, it is like a private invasion of nature for you all to do that! and no street lights, why? because we can enjoy the nature and the desert and the stars no visible garbage can from the street so we can keep the cove clean and pretty! so what do you think this tower will do to the cove?? iam begging you do not approve of this, lets keep la quinta the way it is, beautiful clean quite and healthy!! the reason I have not left la quinta to move near my kids and grand kids? because love the area the serenity it gives me when I sit outside and look at the stars the mountains and the fresh air quite beautiful!! what else can I say to express how I feel about la quinta, so PLEASE, LET US KEEP IT THAT WAY!!! we do not need a tower just to give better service to the cells and other stuff they mentioned WE DO NOT NEED IT!! we want to keep la quinta cove as is! let them go to another city to make their money we do not need all this, la quinta is a neat place because of what it is, so lets not change it because of people wanting fast this and fast that!! we do not need it! so I hope you read this well and put your hart into this matter if you love la quinta and the cove!! have you ever walked in the cove around five or six PM? everything looks like purple and blue the colors are beautiful! lets keep la quinta and the cove for what is it and not what others wants we need a peaceful place and this is a peaceful place! NO TO CROWN CASTLE TOWER, which also can give cancer if you r exposed to it for awhile! NO TO CROWN CASTLE!!!!! thank you Angela jewhurst 54455 avenida obregon PS please do not let it happen please! I grange just at the thought of itI!! 81 of 206 RECEIVED MAY 92013 CITY OF LA QUINTA PLANNING DEPARTMENT Date: Dear City of La Quinta Planning Commission: Following are my comments concerning the proposed wireless tower at 54552 Avenida Obregon, La Quinta: Z k � el)(-I~�_ NAME: D lQ'Vle�x SIGNATURE: ADDRESS: 5 7 �I %S PHONElEMAIL: � LYC�U Lu q k.. �v 82 of 206 T."af 4 4QU&rw MEMORANDUM TO: Honorable Chairman and Members of the Planning Commission FROM: Les Johnson, Community Development Directo DATE: May 14, 2012 SUBJECT: CUP 201 1-139 The Planning Department did receive public comments on the proposal from neighboring property owners after the staff report was complete. Staff is providing these letters to you for your consideration. Attachments: 1) Jaymes Anderson Opposition Letters 2) Kimberly Freeland Opposition Letter 83 of 206 Monika Radeva From: Jaymes Anderson <jaymesanderson@yahoo.corn> Sent: Tuesday, May 14, 2013 2:53 PM To: Planning WebMail Subject: Cell Tower Once again, NO to the cell tower located in front of my home at 54592 Avenida Obregon, La Quinta, CA 92253. Place these towers in the little parks that you have set aside in the neighborhood no on residences property! Jaymes Anderson 760-799-5751 84 of 206 Monika Radeva From: Jaymes Anderson <jaymesanderson@yahoo.com> Sent: Monday, May 13, 2013 2:05 PM To: Planning WebMail Subject: Cell Tower City Planners: I once again object strongly to the cell tower being placed right next to my property located at 54592 Avenida Obregon. I understand resident Kay Wolf helped Crowne Point select the location. Why not place the tower in front of her home since she seems to have no objection to placing it in front of mine! There you go, problem solved! She can then explain to her neighbors why it is such a great thing to have in their front yards. ONCE AGAIN, I DO NOT WANT THIS CELL TOWER IN FRONT OF MY HOME! I I I I I I I I I I I! Jaymes Anderson 54592 Avenida Obregon La Quinta, CA 92253 760-799-5751 85 of 206 RECEIVED MAY 14 2013 CITY{3F LA QUINTA PLANNING DEPARTMENT Date: ( Dear City of La, Quinta Planning_ Commission: Following are my comments concerning the proposed wireless tower at 54552 Avenida Obregon, La Quinta: r� n sue- -�a LA s -r" 1, - `Pu- 41 b n- J S !V O-T w j r*�, ) C.1 f-14 N � l 61 413 Oh+W 7'�w^`'�'"a,[-f 1iH-,�y�''Y�lEfi �lk f t -�, -l.f•.r J.�y I. LEL! U F- G f f"7 D NAME: n-�y �►z.a IA,�T> ��ow lrs,1��� ADDRESS: 15 A tf-7/Vc w, 0,4 G-61;-C� PHONE/EMAIL: lam_ U6--7 � 4� � -76-0 r-71 86 of 206 - - - - - - - - - - - - - - - FROM: 16-7 MAY I Aveoic& 0C"pK QaiK* C-k sma MR ERIC CEJA CITY OF LA QUINTA NOTIFY SENDER OF NEW ADDRESS -GITY O;F L-A-QUTLXTA 78495 CALLE TAXPICO iL A iii-TA -C.A SZ 2 5 3 - 2-8 3-9 3 4 - Z 454 "S Zz - 4 7 ij.- i4l flAtAll ------------- 87 of 206 PH # 2 PLANNING COMMISSION STAFF REPORT DATE: MAY 14, 2013 CASE NO.: CONDITIONAL USE PERMIT 2012-148 APPLICANT: VERIZON WIRELESS REQUEST: PLACEMENT OF A SIXTY-FOUR (64) FOOT TALL MONOPALM TOWER AND EQUIPMENT ENCLOSURE AT LA QUINTA COUNTRY CLUB LOCATION: 77-750 AVENUE 50 - LA QUINTA COUNTRY CLUB (ATTACHMENT 1) 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 RECOMMENDED ACTION: Adopt Planning Commission Resolution 2013 - approving Conditional Use Permit 2012-148, subject to the attached recommended Conditions of Approval. EXECUTIVE SUMMARY: Verizon Wireless is requesting approval of a sixty-four (64) foot tall telecommunication tower designed to resemble a skirted "fan" palm tree within the La Quinta Country Club. The twelve (12) panel antennas will attach to the tower at a height of fifty-five (55) feet and be painted to match the faux palm fronds. The associated equipment structure will be designed to match the design of an adjacent maintenance building. As conditioned, the proposed facility complies with the requirements of the City's Telecommunication Ordinance and will increase service options in and around this portion of the City. Page 1 of 4 88 of 206 ONAI YSIR. 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. Tower Design and Screening The proposed tower is designed to resemble a palm tree (Attachment 2 & 3). The design of the monopalm improves the aesthetic appearance of the tower and attempts to match the existing palm trees at the site. Antenna arrays and panels will be painted to match the faux palm fronds; helping to blend the equipment with the faux palm. In addition, the tower will contain a faux palm frond skirt which will completely hide the attached parabolic antenna from view. The applicant, per their discussions with the La Quinta Country Club Homeowner's Association, has agreed to install two (2) additional live palm trees near the monopalm tower, with each palm tree flanking the entry drive to the La Quinta Country Club clubhouse (Attachment 2, pg. A-1, and Attachment 3). The live palms are not planted adjacent to the monopalm tower location, but rather provide a symmetrical landscape enhancement around the entry drive to the clubhouse. Staff has conditioned the applicant to plant two (2) additional live palm trees, each at a minimum height of thirty (30) feet, to the west of the facility to further screen the view of the tower from Eisenhower Drive. Equipment Enclosure The location of the proposed equipment enclosure is adjacent to an existing five (5) foot high block wall and is within the landscape planting area that surrounds the La Quinta Country Club maintenance building. The design of the equipment enclosure will resemble the existing architecture of the maintenance building, including faux windows, tiled roof, and a stucco and paint finish to match. The placement of the enclosure at this location will have no impact on the existing vehicle and pedestrian circulation at the site; however, some of the existing landscape in the vicinity will be removed to accommodate the enclosure. The landscape areas are internal to the La Quinta Country Club and removal of landscape at this location will not impact the public at large. The applicant has proposed to enclose the area with an eight (8) foot high wrought iron fence to ensure security and screening of all equipment. Per Section 9.100.030 (Non-residential Fences and Walls) the maximum wall height within the Page 2 of 4 89 of 206 buildable area of a site is twelve (12) feet. The proposed fence is in compliance with the design and height requirements set in this section. Staff has conditioned that the applicant plant additional shrubs and/or climbing vines to further screen the equipment in the lease area. Site Justification The Municipal Code contains provisions for new towers to first explore opportunities for collocation as a means of maximizing existing tower facilities and minimizing the number of new towers in the City. The applicant has prepared a justification letter (Attachment 4), which provides an alternative site analysis explaining why a new tower is preferred versus locating on existing monopalm towers in the vicinity. The applicant reviewed the two closest existing tower sites; both of which are located within the La Quinta Resort, west of the currently proposed site. However, the applicant determined that although collocating on the existing sites was possible it was insufficient due to limited lease space for equipment placement on the ground and on the towers themselves. Therefore, the applicant has proposed a new facility. The new monopalm tower is capable of providing space for future collocation. 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 5 provides visual representation of how services are expected to increase for this service company's customers; green areas show the greatest amount of service improvement, while blue and red show areas expected to receive marginal service improvements. PUBLIC NOTICE: This request was published in the Desert Sun newspaper on May 3, 2013, 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. The applicant did meet with, and received approval for, the facility installation from the La Quinta Country Club Homeowner's Association. The applicant did not meet with any individual homeowners either interior or exterior to the La Quinta Country Club. To date, staff has received two (2) letters in opposition to the tower's general location. 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. Page 3 of 4 90 of 206 Report prepared by: Report approved for submission by: Attachments: 1 . Site Map 2. Construction Drawings 3. Site Photo Simulations 4. Justification Letter 5. RF Maps Eric Ceja, Assistant Planner Les Johnson Community Development Director Page 4 of 4 91 of 206 PLANNING COMMISSION RESOLUTION 2013- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE PLACEMENT OF A SIXTY-FOUR (64) FOOT TALL MONOPALM TOWER AND EQUIPMENT ENCLOSURE WITHIN THE LA QUINTA COUNTRY CLUB CASE NO.: CONDITIONAL USE PERMIT 2012-148 APPLICANT: VERIZON WIRELESS WHEREAS, the Planning Commission of the City of La Quinta, California, did, on the 141h day of May, 2013, held a duly noticed Public Hearing to consider a request by Verizon Wireless, to allow the placement of a sixty-four (64) foot tall monopalm tower and equipment enclosure within the La Quinta Country Club, located at 77-750 Avenue 50, in the GC (Golf Course) zoning district, more particularly described as: APN: 658-190-002 WHEREAS, a public hearing notice was published in the Desert Sun newspaper on the 3rd day of May, 2013, for the 14th day of May, 2013, 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 an existing maintenance building and surrounding landscape areas, with a requirement for additional landscape enhancements, within the La Quinta Country Club, will minimize adverse visual effects of the tower and equipment on the surrounding area; and WHEREAS, the telecommunication facility will improve telecommunication service options within this 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 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: 92 of 206 Planning Commission Resolution 2013- Conditional Use Permit 2012-148: Verizon Wireless May 14, 2013 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 5) that requires utilities and communication facilities to be available, adequate and convenient for all residents. The applicant has determined that a need for this type of service, in this general area, exists and providing such a facility will ensure that the public has access to such services. 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 private storage facility 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: SECTION 1. That the above recitations are true and correct and constitute the findings of the Planning Commission for this Conditional Use Permit; SECTION 2. That it does hereby approve Conditional Use Permit 2012-148 for the reasons set forth in this Resolution and subject to the attached Conditions of Approval; 93 of 206 Planning Commission Resolution 2013- Conditional Use Permit 2012-148: Verizon Wireless May 14, 2013 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 14th day of May, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairperson City of La Quinta, California ATTEST: LES JOHNSON Community Development Director City of La Quinta, California 94 of 206 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 1 of 7 GFNFRAI The applicant agrees to defend, indemnify and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Conditional Use Permit. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. This Conditional Use Permit shall comply with the requirements and standards of Government Code § § 66410 through 66499.58 (the "Subdivision Map Act"), and Chapter 13 of the La Quinta Municipal Code ("LQMC"). The City of La Quinta's Municipal Code can be accessed on the City's Web Site at www.la-guinta.org. 3. This permit shall expire on May 14, 2015, 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. 4. Prior to the issuance of any grading, construction, or building permit by the City, the applicant shall obtain any necessary clearances and/or permits from the following agencies, if required: • Riverside County Fire Marshal • La Quinta Public Works Department (Grading Permit, Green Sheet (Public Works Clearance) for Building Permits, Water Quality Management Plan(WQMP) Exemption Form - Whitewater River Region, Improvement Permit) • La Quinta Building and Safety Division for Building Permits • La Quinta Planning Division • Riverside Co. Environmental Health Department • Imperial Irrigation District (IID) • Federal Communication Commission 95 of 206 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 2 of 7 • Federal Aviation Administration The applicant is responsible for all requirements of the permits and/or clearances from the above listed agencies. When the requirements include approval of improvement plans, the applicant shall furnish proof of such approvals when submitting those improvements plans for City approval. 5. Approval of this Conditional Use Permit shall not be construed as approval for any horizontal dimensions implied by site plans or exhibits unless specifically identified in the conditions of approval. 6. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual attorney's fees incurred by the City Attorney to review, negotiate and/or modify any documents or instruments required by these conditions, if Developer requests that the City modify or revise any documents or instruments prepared initially by the City to effect these conditions. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. 7. Developer shall reimburse the City, within thirty (30) days of presentment of the invoice, all costs and actual consultant's fees incurred by the City for engineering and/or surveying consultants to review and/or modify any documents or instruments required by this project. This obligation shall be paid in the time noted above without deduction or offset and Developer's failure to make such payment shall be a material breach of the Conditions of Approval. PROPERTY RIGHTS 8. 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 easement to the City of La Quinta for the purpose of graffiti removal by City staff or assigned agent in perpetuity and agreement to the method to 96 of 206 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 3 of 7 remove graffiti and to paint over to 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 the 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. 9. The applicant shall cause no easement to be granted, or recorded in the public right of way unless such easement is approved by the City Engineer. 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. 10. 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). 11. The submitted preliminary plans appear to propose no or minimal grading and may not require a grading permit (see exceptions in Municipal Code Section 8.80.040). If a grading permit is required, a precise grading plan prepared by a Civil Engineer registered in California and a Soils Report prepared by a professional registered in California must be approved by the City Engineer prior to the commencement of grading. 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 note the 2010 California Building Code accessibility requirements associated with each door. The assessment must comply with submittal requirements of the Building & Safety Department. A copy of the reviewed assessment shall be 97 of 206 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 4 of 7 submitted to the Public Works Department in conjunction with the Site Development Plan when it is submitted for plan checking. "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 including ADA accessibility from public right of way to the proposed equipment. 12. Upon completion of construction, and prior to final acceptance 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 FOR can make site visits in support of preparing "Record Drawing". However, if subsequent approved revisions have been approved by the City Engineer and reflect said "Record Drawing" conditions, the Engineer Of Record may submit a letter attesting to said fact to the City Engineer in lieu of mylar submittal. UTILITIES 13. The applicant shall comply with the provisions of LQMC Section 13.24.110 (Utilities). 14. The applicant shall obtain the approval of the City Engineer for the location of all utility lines within any right-of-way, and all above -ground utility structures including, but not limited to, traffic signal cabinets, electric vaults, water valves, and telephone stands, to ensure optimum placement for safety, practical and aesthetic purposes. 15. Underground utilities shall be installed prior to overlaying hardscape. For installation of utilities in existing improved streets, the applicant shall comply with trench restoration requirements as required by the City Engineer. 98 of 206 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 5of7 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. MAINTENANCE 16. The applicant shall comply with the provisions of LQMC Section 13.24.160 (Maintenance). 17. Any disturbed areas including landscaping shall be replaced in -kind. RUII DING 18. The applicant shall obtain a building permit from the Building Division prior to construction. During the permitting process the applicant will submit documentation to address the following items: A. A structural analysis that demonstrates that the monopalm and equipment shelter structures comply with the 2010 California Building Codes. B. An analysis of any openings in the existing exterior wall of the existing maintenance building and the proposed equipment shelter shall comply per CBC Table 705.8 (Maximum area of wall openings). When two structures are on the same lot, an assumed property line shall occur between the structures to determine the separation distance. C. An analysis of the fire rating of the exterior walls (existing Maintenance Building & proposed shelter) shall be performed to determine compliance to the minimum requirements per 2010 CBC Section 602.1 and Tables 601 and 602. PLANNING 19. The applicant is permitted to install a single sixty-four (64) foot tall monopalm tower consistent with the plans on file as part of this Conditional Use Permit application. The monopalm tower is permitted for three (3) 99 of 206 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 6 of 7 antenna arrays, attached to the tower at a height of fifty-five (55) feet. Each array shall accommodate up to four (4) panel antennas. 20. The panel antennas shall be mounted securely to the monopalm tower. All antennas and antenna arrays shall be painted to match the faux palm fronds and shall be shielded from view by the tower's faux palm fronds. 21. The applicant shall install two (2) live palm trees in accordance with their agreement with the La Quinta Country Club and the submitted plans, for placement near the intersection of the Club's entry -drive. The applicant shall install two (2) additional live palms trees, each at a minimum height of thirty (30) feet tall, west of the monopalm towers final location. 22. The equipment enclosure shall architecturally match the existing maintenance building, including stucco finish and paint color, roof tiles and faux windows. 23. The applicant shall secure the lease area with installation of eight (8) foot high wrought iron fence. The fence enclosure shall conform to the plans on file as part of this application. The wrought iron fence shall have a black painted finish. 24. The applicant shall plant additional shrubs and/or climbing vines, around the wrought iron fence. 25. The applicant shall submit a landscape plan showing irrigation improvements and plant schedule, in accordance with Conditions 21 and 24, prior to issuance of a building permit. 26. The applicant shall negotiate in good faith for shared use by third parties; an owner generally will negotiate in the order in which requests for information are received, except an owner generally will negotiate with a party who has received an FCC license or permit before doing so with other parties. 27. Verizon Wireless shall have a continuing obligation to respond to and resolve any and all complaints associated with any potential interference with frequencies related to residential and/or life safety communications and 100 of 206 PLANNING COMMISSION RESOLUTION 2013- CONDITIONAL USE PERMIT 2012-148 CONDITIONS OF APPROVAL - RECOMMENDED MAY 14, 2013 Page 7 of 7 operations. Response shall be within 48 hours of receipt of notice of any such complaints. 28. The placement of the pole shall not interfere with the existing infrastructure and improvements at this location. The pole shall not be placed on a public paths -of -travel and must be located in the proposed lease enclosure. 29. The entire facility shall be maintained in a condition consistent with the conditions of this approval and, if the facility is not so maintained this approval is subject to revocation or other correcting actions as determined appropriate by the City. 101 of 206 !Arai[f: • ATTACHMENT # 2 C L TOLL FREE 00-227-2600 AST TWO WORKING BEFORE YOU DIG UNDERGRDUNO 1SOW4C ALERT OF SOUTHERN CALIFORNW PLANNING NAME: REALCOM ASSOCIATES, LLC ADDRESS. 18301 VON KARMAN AVE., SUITE 910 CITY, STATE, ZIP: IRVINE, CA 92612 CONTACT: JIM ROGERS PHONE: (949) 295-9031 SITE ACQUISITION NAME: REALCOMASSOCIATES, LLC ADDRESS: 18301 VON KARMAN AVE, SUITE 910 CITY, STATE, ZIP: IRVINE, CA 92612 CONTACT: TERRI BROCK PHONE: (949) 481-8695 ARCHITECT., NAME: REALCOM ASSOCIATES, LLC ADDRESS: 14432 SE EASTGATE WAY, SUITE260 CITY, STATE, ZIP: BELLEVUE, WA 98007-6493 CONTACT: VLAD DIACONU PHONE: (425) 274-4444 x148 E-MAIL: vdlaconu@realcomassoc. com SURVEYOR: NAME AMBIT CONSULTING ADDRESS 1490 SOUTH PRICE ROAD, SUITE 209C CITY, STATE ZIP CHANDLER, AZ. 85286 CONTACT: MATTFORD PHONE: (602) 463-0472 I PROJECT TEAM VERIZON SIGNATURE BLOCK DISCIPLINE: SIGNATURE: DATE: SITE ACQUISITION. CONSTRUCTION: RADIO: MICROWAVE: TELCO: EQUIPMENT: PROJECT ADMINISTRATOR: WO ADMINISTRATOR: Verl,Z0 rl wire le Is Is LA QUINTA RESORT APPLICANT/LESSEE verizo wireless 15501 SAND CANYON AVENUE BUILDING 'D', 1ST FLOOR IRVINE, CA 92618 OFFICE: (949) 286-7000 APPLICANT'S REPRESENTATIVE REALCOM ASSOCIATES, LLC 19301 VON KARMAN AVE., SUITE 910 IRVINE, CA 92612 JIM ROGERS (949) 295-9031 APN: 658-190-002 77750 A VENUE 50 LA QUINTA, CA 92253 LEGAL DESCRIPTION SEE LS-2 FOR LEGAL DESCRIPTION ASSESSOR'S PARCEL NUMBER 658-190-002 COUNTY RIVERSIDE PROPERTY OWNER: OWNER: LA QUINTA COUNTRY CLUB ADDRESS: 77750 AVENUE 50 LA QUINTA, CA 92247 CONTACT: BRUCE ZAHN, GENERAL MANAGER PHONE: (760) 972-4890 EMAIL: hzahn@Igcc.org PROPERTY INFORMATION SITE NAME: LA QUINTA COUNTRY CLUB SITE ADDRESS: 77750 AVENUE 50 LA QUINTA, CA 92247 CONSTRUCTION INFORMATION AREA OF CONSTRUCTION. 847 SO FT JURISDICTION: CITY OF LA QUINTA OCCUPANCY: S-2 CONSTRUCTION TYPE: V-B(NON-RATED) CURRENTZONING: CC (GOLF COURSE) TYPE OFCONSTRUCTION: TELECOMMUNICATIONS FACILITY HANDICAP REQUIREMENTS: FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. HANDICAPPED ACCESS NOT REQUIRED PROJECT SUMMARY i ALL WORK AND MATERIALS SHALL BE PERFORMED AND INSTALLED IN ACCORDANCE WITH THE CURRENT EDITIONS OF THE FOLLOWING CODES AS ADOPTED BY THE LOCAL GOVERNING AUTHORITIES. NOTHING IN THESE PLANS IS TO BE CONSTRUED TO PERMIT WORK NOT CONFORMING TO THE LATEST EDITIONS OF THE FOLLOWING CODES. 1. 2010 CALIFORNIA BUILDING CODE 6.2008 CALIFORNIA ENERGY CODE 2. 2010 CALIFORNIA ELECTRICAL CODE 7. COUNTY COASTAL ZONE LAND USE ADOPTED 2008 NEC ORDINANCE-TITLE23 6. COUNTY FIRE CODE ORDINANCE- TITLE 16 3.2010 CALIFORNIA FIRE CODE 9. COUNTYLAND USE ORDINANCE-TITLE22 4.2010 CALIFORNIA MECHANICAL CODE 10. COUNTY BUILDING & CONSTRUCTION 5.2010 CALIFORNIA PLUMBING CODE ORDINANCE -TITLE 19 CODE COMPLIANCE 14 i �,..1 SITE , AK 3 � - NOT TO SCALE M uH VICINITY MAP START. VERIZON WIRELESS OFFICE - SAND CANYON AVE IRVINE, CA 92610 HEAD SOUTHWEST ON SAND CANYON AVE TOWARD WALNUT TRAIL MAKE A U-TURN AT OAK CANYON TURN RIGHT ONTO IRVINE BLVD TAKE THE RAMP ONTO CA.133 N (TOLL RD) MERGE ONTO CA-241 N (TOLL RD) TAKE EXIT 39A TO MERGE ONTO CA-91 E TOWARD RIVERSIDE (PARTIAL TOLL RD) TAKE THE CA-60 E/1-215 S EXIT TOWARD SAN DIEGOIINDIO MERGE ONTO CA-60 E MERGE ONTO 1-215 S SLIGHT LEFT ONTO CA-60 E MERGE ONTO 1-10 E TAKE EXIT 137 FOR WASHINGTON ST TURN RIGHT ONTO WASHINGTON ST TURN RIGHT ONTO AVE 50150TH AVE TURN RIGHT AT VALENCIA Cl' 77750 AVE 50 LA QUINTA, CA 92253 I DRIVING DIRECTIONS I THIS PROJECT WILL BE COMPRISED OF PROPOSED VERIZON ANTENNAS, (4) ANTENNAS PER SECTOR WITH (3) SECTORS, FOR A TOTAL OF (12) ANTENNAS TO BE MOUNTED ON PROPOSED 64' HIGH MONO -PALM, WITH A PROPOSED 21-2"X 40-0"LEA SE AREA FOR A PROPOSED VERIZON 3OKWI132 GALLON DIESEL GENERATOR LOCATED NEKT TO A PROPOSED 13"-4"X 18'-4" CUSTOM WOOD FRAMED EQUIPMENT SHELTER. PROJECT DESCRIPTION SHEET DESCRIPTION T-1 TITLE SHEET LS-1 SITE SURVEY LS-2 SITE SURVEY A-1 OVERALL SITE PLAN AND ENLARGED SITE PLAN A-2 ENLARGED EQUIPMENTAND ANTENNA PLANS A-3 NORTH & SOUTH ELEVATIONS A-4 EAST& WEST ELEVATIONS ZONING DRAWINGS - NOT FOR CONSTRUCTION I'll veriZOnwireless 15501 SAND CANYON AVENUE BUILDING'D, 1ST FLOOR IRVINE, CA 92618 THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED RE L+C4 14432 SE EASTGATE WAY, SUITE 260 BELLEVUE, WA 98007-6493 TEL: 425.274.4444 FAX., 425.274.4449 I 1 1 r2-1&121 rGa%20IWNG GRAWrNr S 1 0 1 tR-03.12I W% ZONING DRAWINGS I REV. I DATE I REVISION DESCRIPTION PROJECT INFORMATION: LA QUINTA RESORT 77750 AVENUE 50 LA QUINTA, CA 92253 RIVERSIDE PROJECT NUMBER: 0 LA QUINTA RESORT DRA WN BY: KSH CHECKED BY: JB ic SHEET TITLE: TITLE m SHEET z S14EETIVUMBER: REV.: ■ • T-1 N LESSOR'S LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF RIVERSIDE AND DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 5 SOUTH, RANGE 7 EAST, SAN BERNARDINO BASE AND MERIDIAN, AND THAT PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH BEARS SOUTH 470052'00' WEST 64.02 FEET FROM THE NORTH CORNER OF LOT A 'COACHELLA DRIVE", AS SHOWN ON THE MAP OF TRACT NO. 3485 ON FILE IN BOOK 56, PAGE(S) 71-72, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 47o052'00" WEST ALONG THE NORTHWEST LINE OF SAID TRACT NO. 3485 A DISTANCE OF 501.99 FEET; THENCE SOUTH 26o048'00" EAST 69.00 FEET; THENCE NORTH 86o032'00" EAST 60.00 FEET; THENCE SOUTH 071E47'00" EAST 115.02 FEET; THENCE SOUTH 78003O'00' WEST 64,00 FEET; THENCE SOUTH 12=42'00"EAST 85,00 FEET; THENCE SOUTH 83002245' EAST 178.,41 FEET; THENCE SOUTH 50EE04'30" EAST 61.37 FEET; THENCE SOUTH B500 52'00" EAST 121.00 FEET; THENCE NORTH 810o46'00" EAST 185.00 FEET; THENCE NORTH 640021'00" EAST 136-61; THENCE NORTH 210043'00" WEST 20.00 FEET; THENCE NORTH 68001700' EAST 115..00 FEET; THENCE NORTH 770o17'00" EAST 204.00 FEET; THENCE NORTH 810047'00" EAST 196.00 FEET; THENCE NORTH 880017'00" EAST 224.00 FEET; THENCE NORTH 220o1700' EAST 242.00 FEET; THENCE NORTH 29 ❑02650"EAST 284, 08 FEET TO THE SOUTH LINE OF COACHELLA DRIVE AS SHOWN ON THE MAP OF TRACT NO, 4275 ON FILE IN BOOK 75, PAGE(S) 24-25, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, SAID POINT BEING ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 270..00 FEET; THENCE EAST ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 270054'19" A DISTANCE OF 131.49 FEET TO THE SOUTHEAST CORNER OF SAID TRACT NO.. 4275; THENCE SOUTH 89E017100" EAST 103.75 FEET; THENCE SOUTH 22Eo3800" WEST 234.71 FEET; THENCE SOUTH 150038'00" WEST 313.22 FEET; THENCE SOUTH 240L46'00" EAST 84.00 FEET; THENCE SOUTH 06LE06'-00" WEST 85.00 FEET; THENCE SOUTH 840019'00" WEST 490.00 FEET; THENCE SOUTH 72E018'30" WEST 360.15 FEET; THENCE SOUTH 750E20'30" WEST 24015 FEET; THENCE SOUTH C4E023'30" WEST 54-00 FEET; THENCE SOUTH 69oo18'30" EAST 473,10 FEET; THENCE SOUTH 67c018'30" EAST 471.00 FEET; THENCE SOUTH 691=14530" EAST 232.00 FEET; THENCE NORTH 590057'30' EAST 22.04 FEET TO THE CENTERLINE OF AVILA DRIVE, AS SHOWN ON THE MAP OF TRACT NO 6064 ON FILE IN BOOK 81, PAGE(S) 79, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 590057'30" EAST 70.96 FEET; THENCE NORTH 30004430" EAST 95.00 FEET; THENCE NORTH 20o02855"EAST 223,26 FEET; THENCE SOUTH 73co23'00" EAST 60.00 FEET; THENCE NORTH 310032'30" EAST 77.29 FEET; THENCE NORTH 730023'00' WEST 75.00 FEET TO THE EAST LINE OF SAID TRACT NO. 6064; THENCE NORTH 25E010'13" EAST 186.78 FEET; THENCE NORTH 160049'30" EAST 224-00 FEET; THENCE NORTH 070o59'30" EAST 21.00 FEET; THENCE NORTH 070059'30"EAST 152.00 FEET; THENCE NORTH 240039'30" EAST 470.14 FEET; THENCE NORTH 240❑ 39'30" EAST 24.19 FEET; THENCE NORTH 13oo17'00" EAST 45,70 FEET; THENCE NORTH 01002820' EAST 66.01; THENCE NORTH 66OE50'00' EAST 153.25 FEET TO THE WEST LINE OF TRACT NO. 3455, AS SHOWN BY MAP ON FILE IN BOOK 58 PAGE(S) 31, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 230010'00" EAST 60.00 FEET; THENCE SOUTH 11 LE00'00' EAST 100.00 FEET; THENCE SOUTH 110000'00" EAST 56.93 FEET; THENCE SOUTH 22D�08'30" WEST 521.33 FEET; THENCE SOUTH 03E031'00" WEST 108.48 FEET TO THE NORTHEAST CORNER OF LOT(S) 14 OF TRACT NO. 3448, AS SHOWN BY MAP ON FILE IN BOOK 58 PAGE(S) 21, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE SOUTH 030D31'00" WEST 90. 52 FEET; THENCE SOUTH 040030'00" WEST 309.49 FEET; THENCE SOUTH 050o27'42" WEST 97,14 FEET; THENCE SOUTH 130000'22' WEST 38.81 FEET; THENCE SOUTH 26o028'O6" WEST 49.25 FEET; THENCE SOUTH 57000819' WEST 92.52 FEET; THENCE SOUTH 53E030130' WEST 188-60 FEET; THENCE SOUTH 39o049'00WEST 317.71 FEET; THENCE NORTH 850011'00" WEST 117.07 FEET; THENCE NORTH 00oo09'00" WEST 25.27 FEET; THENCE SOUTH 890051'00" WEST 200.00 FEET; THENCE NORTH 000009'00" WEST 28-53 FEET; THENCE NORTH 720015'00" WEST 144.87 FEET; THENCE NORTH 730E42'30' WEST 218.00 FEET; THENCE NORTH 680❑ 04'30" WEST 252,00 FEET; THENCE NORTH 60ce59'30' WEST 390-00 FEET; THENCE NORTH 750❑ 28'00" WEST 268.00 FEET; THENCE NORTH 870EOODO" WEST 399.88 FEET; THENCE NORTH 8400 06'00" WEST 313..00 FEET; THENCE NORTH 870023'00" WEST 223. 00 FEET; THENCE NORTH 760029'25" WEST 185. 11 FEET; THENCE SOUTH 68E013'34" WEST 59.00 FEET; THENCE NORTH 490E0300" WEST 240.00 FEET; THENCE SOUTH 40o057'00" WEST 160,00 FEET; THENCE SOUTH 490oO3'00' EAST 145.00 FEET; THENCE SOUTH 17ooO410" EAST 156.82 FEET; THENCE SOUTH 740049,40, EAST 219.57 FEET; THENCE SOUTH 000002'30" EAST 661.11 FEET TO A POINT 30.00 FEET NORTH OF THE SOUTH LINE OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAID POINT BEING ON THE NORTH LINE OF 50TH AVENUE; THENCE SOUTH 89o059'30" WEST 410,00 FEET, MORE OR LESS, ALONG THE NORTH LINE OF 50TH AVENUE TO THE EAST LINE OF EISENHOWER DRIVE, SAID POINT BEING 50,00 FEET EAST OF THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 36; THENCE NORTH OOOc01'30" WEST 1620,00 FEET, MORE OR LESS, TO THE SOUTH LINE OF LOT T, AS SHOWN ON THE MAP OF LA QUINTA GOLF ESTATES NO, 1 ON FILE IN BOOK 37, PAGE(S) 96, 97 AND 98, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 89n058'30' EAST 10.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT T; THENCE NORTH 0o001'30' WEST 100.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 20.00 FEET; THENCE NORTHEASTERLY ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 900000'00" A DISTANCE OF 31.42 FEET; THENCE NORTH 89o058'30" EAST 242.88 FEET, SAID LAST BEARING BEING ALONG THE SOUTH LINE OF AVENIDA FERNANDO AVENIDA, TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 810.00 FEET; THENCE EASTERLY ON THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 011110342" A DISTANCE OF 15.01 FEET; THENCE SOUTH 010E05'12" EAST 110,00 FEET TO THE SOUTHWEST CORNER OF LOT 155, AS SHOWN ON THE MAP OF LA QUINTA GOLF ESTATES NO 1, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 920.00 FEET; THENCE NORTHEASTERLY ON THE ARC OF SAID CURVE, AND THE SOUTHEAST LINE OF LA QUINTA GOLF ESTATES NO. 1, THROUGH A CENTRAL ANGLE OF 55o028'16' A DISTANCE OF 890.70 FEET; THENCE NORTH 33oo2632"EAST 217-93 FEET TO A POINT SOUTH 33❑ 24'40" WEST 12.80 FEET FROM THE EAST CORNER OF LOT G 'COACHELLA DRIVE" AS SHOWN ON THE MAP OF LA QUINTA GOLF ESTATES NO. 1, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 330.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 05oo5056" A DISTANCE OF 33.69 FEET; THENCE SOUTH 81❑ ❑O1'00" EAST 19.08 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 270-00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 43oo50'40" A DISTANCE OF 206.51 FEET TO THE NORTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO DAN S. HAYES AND NORMA J. HAYES, HUSBAND AND WIFE AS COMMUNITY PROPERTY, RECORDED JUNE 16, 1989 AS INSTRUMENT NO. 199333 OFFICE OF THE COUNTY RECORDER; THENCE SOUTHWESTERLY, SOUTHEASTERLY AND NORTHEASTERLY ALONG SAID LAND THE FOLLOWING 3 COURSES: (1) SOUTH 48c03126" WEST 202.69 FEET, (2) SOUTH 31 ocO0'00" EAST 132.67 FEET, AND (3) NORTH 590c000O' EAST 181.50 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF COACHELLA DRIVE (60.00 FEET WIDE); THENCE LEAVING SAID LAND OF HAYES AND ALONG SAID COACHELLA DRIVE, SOUTH 21004300" EAST 103.23 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED TO JEROME J. HOLT AND ANNE L. HOLT, HUSBAND AND WIFE AS JOINT TENANTS, RECORDED JANUARY 29, 1976 AS INSTRUMENT NO 12248 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED THEREIN AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT(S) 14 OF TRACT NO. 3448, AS SHOWN BY MAP ON FILE IN BOOK 58 PAGE(S) 20-21, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; THENCE NORTH 040030'00' EAST 9 49 FEET; THENCE NORTH 030031'00" EAST 90.52 FEET TO THE NORTHWEST CORNER OF SAID LOT 14; THENCE NORTH 85Ec30Y30" WEST 3,00 FEET; THENCE SOUTH 04L021'17" WEST 100,00 FEET; THENCE SOUTH 85003000" EAST 4.30 FEET TO THE POINT OF BEGINNING; ALSO EXCEPTING THEREFROM AMENDED TRACT NO 16,786 ON FILE IN BOOK 127. PAGE(S) 76-77, OF MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN DEED FROM NABERS LEASING CORPORATION, RECORDED APRIL 15. 1982 AS INSTRUMENT NO. 64034 OF OFFICIAL RECORDS OF RIVERSIDE COUNTY, CALIFORNIA; ALSO EXCEPTING THEREFROM PARCELS 1 AND 2 OF THE LAND DESCRIBED IN DEED TO CLUB LA QUINTA HOMEOWNERS ASSOCIATION, RECORDED DECEMBER 31, 1985 AS INSTRUMENT NO.295406 OF SAD OFFICIAL RECORDS; ALSO EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN EISENHOWER DRIVE AND 50TH AVENUE, DESCRIBED IN DEED TO THE CITY OF LA QUINTA, RECORDED MARCH 26, 1992 AS INSTRUMENT NO, 105174 OF SAID OFFICIAL RECORDS. 646-040-001 AND 658-190-002 AND 658-170-009 AND 646-192-052 APN: 658-190-002 (END OF LEGAL DESCRIPTION) LINE TABLE LINE I LENGTH 1 BEARING L1 100,00 S86'52'53"E L21 32-57 S44'40'42"E CURVE TABLE CURVE LENGTH RADIUS DELTA Cl 47.52. 1956_00 T51'S5" C2 102.52 2050,Otl 2'S1'S5" 50' R/W N Nl �•T, N jp `Sj o - z CL INTERSECTION 1 OF EISENHOWER DRIVE 11 AVENUE 50 (POINT OF COMMENCEMENT) f - SEE SURVEY DETAIL + ON SHEET LS-2 7 n i I Ll AVENUE 50 N69'35'J6"W -i o PROPOSED VERIZON WIRELESS 40' X 20' LEASE AREA 84.56' II S9 GRAPHIC SCALE ( IN FEET ) 1 inch = 50 }[ \,�l � 1►eriZan wireless 15505 SAND CANYON AVENUE BLOG, D, FIRST FUR, IRVINE, CALIFORNIA 92618 949.286.7040 LA QUINTA RESORT 77750 AVENUE 50 LA QUINTA, CALIFORNIA 92253 ORIGINAL ISSUE DATE: 11 /01 /2012 :REV.:=DATE: DESCRIPTIQN. RY 1 1110612012 LAGUINTAHESORT ZK 2 12/12/2012 TITLE INFO ADDED RG :PLANS PREPARED BY: it PRICE ROAD STE. 209C -DrRAIAW BY; CHK.:------APV RC ME JT =LICENSER: -SHEET TITLE: BOUNDARY DETAIL :SHEET NUMBER: L El;,eVZ1`2U� LEGEND NO NATURAL GRADE OO AS NOTED BLDG TOP OF BUILDING FC FACE OF CURB D4 WATER CONTROL VALVE R/W RIGHT OF WAY ,X$ FIRE HYDRANT AP ASPHALT {x LIGHT POLE D/W ACCESS DRIVEWAY ® TELEPHONE PEDESTAL SW SIDEWALK Os STORM SEWER MANHOLE CMU CONCRETE MASONRY UNIT Q STORM SEWER DRAIN h F POSITION OF GEODETIC COORDINATES PINE EXISTING PINE TREE PALM EXISTING PALM TREE +� SPOT ELEVATION TREE EXISTING MISCELLANIES TREE TELECOMMUNICATIONS MONOPOLE ------- LIMITS OF LESSOR'S PROPERTY GRAPHIC SCALE tP m / 1P m ( IN FEET ) 1 inch = 10 fL LLI O 2 Z W LLI UTILITY NOTES SURVEYOR DOES NOT GUARANTEE THAT ALL UTILITIES ARE SHOWN OR THEIR LOCATIONS ARE DEFINITE. IT IS THE RESPONSIBILITY OF THE CONTRACTOR AND DEVELOPER TO CONTACT BLUE STAKE AND ANY OTHER INVOLVED AGENCIES TO LOCATE ALL UTILITIES PRIOR TO CONSTRUCTION. REMOVAL, RELOCATION AND/ OR REPLACEMENT IS THE RESPONSIBILITY OF THE CONTRACTOR BENCHMARK PROJECT ELEVATIONS ESTABLISHED FROM GPS DERIVED ORiHOMETRIC HEIGHTS BY APPLICATION OF NOS 'GEOID 09' MODELED SEPARATIONS TO ELLIPSOID HEIGHTS DETERMINED BY RAW STATIC GPS DATA PROCESSED ON THE NOS OPUS WEBSITE.. ALL ELEVATIONS SHOWN HEREON ARE REFERENCED TO NAVD88. SURVEYOR'S NOTES SURVEYOR HAS NOT PERFORMED A SEARCH OF PUBLIC RECORDS TO DETERMINE ANY DEFECT IN TITLE ISSUED. THE BOUNDARY SHOWN HEREON IS PLOTTED FROM RECORD INFORMATION AND DOES NOT CONSTITUTE A BOUNDARY SURVEY OF THE PROPERTY, BASIS OF BEARING BEARINGS SHOWN HEREON ARE BASED UPON U.S. STATE PLANE NAD83 COORDINATE SYSTEM CALIFORNIA STATE PLANE COORDINATE ZONE SIX, DETERMINED BY GPS OBSERVATIONS, SURVEY DATE 10/30/12 POSITION OF GEODETIC COORDINATES LATITUDE 33' 41' 08.2" NORTH (NAD63) LONGITUDE 116' 18' 26.2" WEST (NAD83) GROUND ELEVATION 0 42.8' (NAVD88) __ N90'OffOO"E _ 207.06' (TIE) - __- r SCHEDULE "B" NOTE REFERENCE IS MADE TO THE TITLE REPORT ORDER #01180-14938, ISSUED BY STEWART TITLE, DATED NOVEMBER 29, 2012. ALL EASEMENTS CONTAINED WITHIN SAID TITLE REPORT AFFECTING THE IMMEDIATE AREA SURROUNDING THE LEASE HAVE BEEN PLOTTED, NOTE: THE SURVEYORS OPINION IS THAT NO SCHEDULE "B" ITEMS PROVIDED BY SAID REPORT AFFECT THE PROPOSED VERIZON WIRELESS PREMISES SHOWN HEREON. LEASE AREA LEGAL DESCRIPTION A PORTION OF LAND SITUATED IN THE STATE OF CALIFORNIA, CITY OF LA QUINTA, COUNTY OF RIVERSIDE, ALSO BEING A PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 5 SOUTH, RANGE 6 EAST, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A THE CENTERLINE INTERSECTION OF EISENHOWER DRIVE AND AVENUE 50; THENCE NORTH 00'23'24" EAST, 276.24 FEET ALONG THE CENTERLINE OF SAID EISENHOWER DRIVE; THENCE SOUTH 90'00'00" EAST, 207.06 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06'49'40" EAST, 20.00 FEET; THENCE SOUTH 83'10'20" EAST, 4G.00 FEET; THENCE SOUTH 06'49'40" WEST, 20.00 FEET; THENCE NORTH 83'10'20" WEST, 40.00 FEET TO THE POINT OF BEGINNING. RESERVING NONEXCLUSIVE RIGHT OF USE ACROSS LESSOR'S PROPERTY FOR NECESSARY APPURTENANCES TO CONSTRUCT, OPERATE, AND MAINTAIN A COMMUNICATION FACILITY FOR ITEMS SUCH AS, BUT NOT LIMITED TO INGRESS, EGRESS, PARKING, VEHICULAR MANEUVERING, EQUIPMENT. AND UTILITIES. N „ N[7RTH OR AVE 48 A4'E 50 SO7N AVIE Gl DIRECTIONS TO SITE FROM VERIZON WIRELESS OFFICE IN IRVINE, CA: 1. HEAD SOUTHEAST TOWARD SAND CANYON SIDE PATH TRAIL 312 FT; 2, TURN RIGHT ONTO SAND CANYON AVE 0.3 MI; 3., TAKE THE 1ST LEFT ONTO BARRANCA PKWY 1.1 MI; 4. TURN RIGHT ONTO PACIFICA (SIGNS FOR CA-133 N) 417 FT; 5. TURN RIGHT ONTO THE STATE HIGHWAY 133 N RAMP 02 MI; 6. MERGE ONTO CA-133 N PARTIAL TOLL ROAD 5.0 MI; 7. MERGE ONTO CA-241 N TOLL ROAD 10.9 MI; 8. TAKE EXIT 39A TO MERGE ONTO CA-91 E TOWARD RIVERSIDE PARTIAL TOLL ROAD 24.5 MI; 9. TAKE THE CA-60 E/1-215 S EXIT TOWARD SAN DIEGO/INDIO 0.5 MI; 10. MERGE ONTO CA-60 E 0.4 MI; 11. MERGE ONTO 1-215 S 4.4 MI; 12- SLIGHT LEFT ONTO CA-60 E 18.2 MI; 13_ MERGE ONTO 1-10 E 43.3 MI; 14. TAKE EXIT 137 FOR WASHINGTON ST 0.2 MI; 15_ TURN RIGHT ONTO WASHINGTON ST 5,4 MI; 16. TURN RIGHT ONTO AVE 50/50TH AVE 0.7 MI 17. TURN RIGHT AT VALENCIA CT 0.1 MI DESTINATION WILL BE ON THE LEFT "15' HIGH TREE `- 15' HIGH TREE 58' HIGH LICHT POLE 26' HIGH TREE 22' HICH LICHiT POLE CONCRETE BOLLARD (TYP) HALT P051TION OF GEODETIC COORDINATES EXISTING CURB PROPOSED VERIZON VARELESS 40' X 2{1' LEASE AREA ASPHALT ACCESS DRIV� Vef"170n wr"reless 15505 SAND CANYON AVENUE BLDG. D, FIRST FUR. IRVINE, CALIFORNIA 92618 949.286 7M PROJECT INFORMATION: LA OIJINTA RESORT 77750 AVENUE 50 LA QUINTA, CALIFORNIA 92253 ORIGINAL ISSUE DATE: 11 /01 /2012 EV. =DATE- DESCRIPTIOti: BY: 1 111Ofi12012 LAQUINTARESORT ZK 2 12JI212012 TITLE INFO ADDED RG PLANS PREPARED BY: CONSIJETANT.^" wit 1490 SOUTH PRICE ROAD STE, 209C UCHANDLER ARIZONA 85286 602 45�0472 DRAWN BY CHK"�-APV.: RG ME JT -LICENSER; Ls m2s E'm. 99/70114 a SHEET TITLE: SURVEY DETAIL SHEET NUMBER: LSO,of 2 4F PROITY ROUTE UNDERGROUND UTILITY ROUTE TO BE FIELD VERIFIED AND ADJUSTED ACCORD/NGLYOURING CONSTRUCTION PROPOSED 5'4" WADE' UT7LIrYEASEMENr PROPOSED VERIZ WIRELESS METER P F57A1, (E) TELCO, PROPOSED VERIZON WIRELESS UTILITY P.O.C. APPROX. 415 FT FROM VERIZON WIRELESS LEASE AREA OVERALL SITE PLAN C APN:568c190 002 ZONING (GOLF COURSE) (E) 14' TREE EE (E) 1j' ~ : f PROPOSED VERIZONWIRELES TECHNICIAN NON-EXCLUSIVE / TECHNICIAN PARKING AND I( ACCESS PATH OF TRAVEL ((E) ALL WEATHER SURFACE) a l E) 11 _ PARKING �\ � LOTAREA % � ♦� YYY � i o ' I 1 f/ �fr-ET e � (E) 23'TREE (E) ONE STORY [ BUILDING 4 0 . • w (E) TRANSFORMER 16N 5703P, PROPOSED VERIZON WIRELESS UTILITY P.O.C. APPROX. .711 FROM VERIZON WIRELESS LEASEAREA W I ! I I I I l l p l I I I I f PROPOSED VERIZON WIRELESS 12'-0" WIDE ACCESSEASEMENT PROPOSED VERIZON WIRELESS 5'-0" WALKING PATHEASEMENT PROPOSED PALM TREE (E) 33'PALM TREE PROPOSED VERIZON WIRELESS EQUIPMENT I ANTENNA AREA -SEE � ENLARGED SITE PLAN ! ) (E) 5'-0"HIGH CMU WALL I C (€J PROPERTY LINE • I SEE SHEETS LS• f 6 LS•? 1 I _�_ ENUE50 s i I TN MN 76 . Yo• 40' 0 20' 40' SCALE: ! C I� PROPOSED VERIZON WIRELESS " NON-EXCLUSIVE TECHNICIAN PARKING AND ACCESS PATH OF TRAVEL(ALL WEATHER SURFACE) PROPOSED VERIZON I WlAEiES55'-!Y'WALK7NG PATH PROPOSER PALM / f TREE / f r f / f / FROM a TO LEASE AREA f / PROPOSED 5'-0"WIDE UTILITY EASEMENT �•• If EXISTING TREES AND '�"�POSED LEASEAREA / STUMPS TO BE REMOVED f AS REQUIRED FOR NEW f / CONSTRUCTION f / f / A•3 � / E E -------._ E _ r PROPOSED VERIZON WIRELESS ANTENNA AREA PROPOSED VERafw ~ p WIRELESS EQUIPMENT AREA a-2 r A=2 2 A3 Q lox (E) ONE STORY BUILDING ENLARGED SITE PLAN El EXISTING TREES AND STUMPS TO BE REMOVED AS REQUIRED FOR NEW CONSTRUCTION a p O a E) 16' TREE -i-' f raa PROPOSED - PALM TREE (E) 5'-0"HIGH CMU WALL TO REMAIN TN MN ,�*^�0- _C SCALE: 3132" = 1'-0" (24x36) A (OR) 3164"=1'-0"(11x17) L VerIL wireless 15501 SAND CANYON AVENUE BUILDING 'D', 1ST FLOOR IRVINE, CA 92618 THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO ccERIZONWIRELESS IS STRICTLY PROHIBITED G R 14432 SE EASTGATE WAY, SUITE 260 BELLEVUE, WA 98007-6493 TEL: 425.274.4444 FAX: 425.274.4449 1 12-19-12 100% ZONING DRAWINGS 0 12-03-12 90% ZONING DRAWINGS REV. DATE REVISION DESCRIPTION PROJECT INFORMATION: LA QUINTA RESORT 77750 AVENUE 50 LA QUINTA, CA 92253 RIVERSIDE PROJECTNUMBER: LA QUINTA RESORT DRAWN BY: I CHECKED BY: KSH JB SHEET TITLE: OVERALL SITE PLAN AND ENLARGED PLAN SHEET NUMBER: REV.: A-1 1 PROPOSED LEASE AREA 33•,3' r9 a- r-4- PROPOSED VERIZON WIRELESS F 1" 3'•0" 6'-T. CUSTOM WOOD FRAMED EQUIPMENT SHELTER TO I MATCH DESIGN OF EXISTING MAINTENANCE BUILDING, INCLUDING FACIA, FAUX WINDOWS, STUCCO & COLOR PROPOSED VERIZON WIRELESS 5'-0"� WIDE UNDERGROUND UTILITY TRENCH \ FOR POWER AND ND U ROUTE \ PROPOSED VERIZON WIRELESS GENERATOR PLUG E E E F E PROPOSED VERIZON WIRELESS 64'-0" MONOPALM I i1 PROPOSED VERIZON WIRELESS 8'-0" HIGH WROUGHT IRON '4 FENCING WITH 3'-0"ACCESS GATE y PROPOSED VERIZON WIRELESS — 30KW/132GAL DIESEL TANK UL 142 STANDBY GENERATOR MOUNTED ON 5'-0"x 6'-0" CONCRETE PAD PROPOSED VERIZON WIRELESS X-0" HIGH WROUGHT IRON FENCING ON TOP OF (E) 5'-0" HIGH CMU WALL TO REMAIN PROPOSED VERIZON WIRELESS COAX ROUTE EXISTING 5'-0" CMU WALL TO BE REMOVED AS REQUIRED FOR NEW CONSTRUCTION. PATCH AND REPAIR (E) WALL AS REQUIRED TO BLEND WELL WITH (P) SHELTER. ENLARGED EQUIPMENT PLAN ----� --- — 51 -7 PRdPDSED YERlZtlH WIRELESS r3'�"x 16'.4^ i CUSTOM WOOD FRAMED EQUIPMENT SHEL iER � ul ---- !8-- - - - - r PORTION OF (E) CMU WALL TO BE REMOVED CONTRACTOR TO VERIFY INFIELD Mrlw PROPOSEQ YERIZtWi WIRELESS 5'-0"x 5'-0- C.ONCRETESTOOP E 54"HIGH CMU WALL TO REMAIN PROPOSED VERIZON WIRELESS GPS ANTENNAS MOUNTED TO PROPOSED SHELTER WALL, TYP. OF 2 TKII MN i� Jo. R 0 1®' SCALE: 3H 6" = 1'-0" (24z36' (ORI 3/32" = 1'-0" (11x1T) T, 6" gab' 2W 2 PI 7YPI (TYP) PROPOSED VERIZON WIRELESS CUSTOM DEAD ( I PALM FROND SKIRT TO ENCLOSE PROPOSED VERIZON WIRELESS PARABOLIC ANTENNA .� PROPOSED VERIZON WIRELESS AERIAL EASEMENT (9'-0" FROM( OF MONOPALM) _- 1 PROPOSED VERIZPARABOLIC C ANTENNA 3'-0" DIAMETER PARABOLIC ANTENNA �i zi r PROPOSED VERIZON WIRELESS ANTENNAS (4) PER SECTOR, (3) SECTORS, TOTAL OF (12) ANTENNAS, MOUNTED ON PROPOSED VERIZON WIRELESS 644" MONOPALM ENLARGED ANTENNA PLAN TAB MN 0 1®' SCALE: 1/4" = 1'-0" (24x36) (OR) 118" = l'-0" (11 x17) L ver1i70nwireless 15501 SAND CANYON AVENUE BUILDING'D, 1STFLOOR IRVINE, CA 92618 THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELA TES TO VERIZON WIRELESS IS STRICTLY PROHIBITED RE P LCOM 14432 SE EASTGATE WAY, SUITE 260 BELLEVUE, WA 98007-6493 TEL: 425.274.4444 FAX., 425.274.4449 1 12-19-12 100% ZONING DRAWINGS 0 12-03-12 90% ZONING DRAWINGS REV. DATE REVISION DESCRIPTION PROJECT INFORMATION: LA QUINTA RESORT 77750 AVENUE 50 LA QUINTA, CA 92253 RIVERSIDE PROJECT NUMBER: LA QUINTA RESORT DRAWN BY: CHECKED BY: KSH JB SHEET TITLE: ENLARGED EQUIPMENT AND ANTENNA PLANS SHEET NUMBER: REV.: A-2 1 TOP OF (N) VERIZON WIRELESS MONOPALMFRDNDS lk ELEV, 84' 0"AOL'F PROPOSED VERIZON WIRELESS 1 ANTENNAS (4) PER SECTOR, (3) SECTORS, TOTAL OF (12) ANTENNAS, MOUNTED ON PROPOSED VERIZON WIRELESS MONOPALM PROPOSED PALM TREES, ANTENNA CENTER OF PROPOSED VERIZON WIRELESS ANTENNAS AND TOP OF POLE (TYP-) "" �{1 "v �� _ ELEV. 55'-0" AGC PROPOSED 3'-0" VERIZON /f WIRELESS PARABOLIC ANTENNA ._ '- PROPOSED VERIZON WIRELESS 3. CUSTOM DEAD PALM FROND SKIRT / TO ENCLOSE PROPOSED VERIZON WIRELESS PARABOLIC ANTENNA CENTER OF PROPOSED VERIZON W/RELESS PARABOLIC ANTENNA* PROPOSED VERIZON WIRELESS B'-0" _ ... _ _ ELEV. T.B.D. - . HIGH WROUGHT IRON FENCING WITH ..^ 3'-0"ACCESS GATE - - PROPOSED VERIZON WIRELESS 64'-0"MONOPALM PROPOSED VERIZON WIRELESS 30KWI132GAL EXISTING MAINTENANCE DIESEL TANK UL 142 STANDBY GENERATOR BUILDING BEYOND I - MOUNTED ON 5'-0"x 8'-0" CONCRETE PAD EXISTING TIME PROPOSED VERIZON WIRELESS GPS ANTENNAS MOUNTED TO PROPOSED SHELTER WALL, --- "'.,•` �,t.,{ 'aia"' - TYP.OF2 PROP OSEDVERIZON WIRELESS ^•--�• - 13'-4"X 184"CUSTOM WOOD -` FRAMED EQUIPMENT SHELTER - PROPOSED VERIZON WIRELESS -�---- .p ✓.. CUSTOM WOOD FRAMED EQUIPMENT SHELTER TO MATCH DESIGN OF _ .. EXISTING MAINTENANCE BUILDING, INCLUDING FACIA, FAUX WINDOWS, STUCCO & COLOR PROPOSED VERIZON WIRELESS GENERATOR PLUG (E)S'-0"HIGHCMU— WALL TO REMAIN [�j / WALL TO REMAIN [f - -EE _ FINISH GRADE ELEV. 0'-0"REF. NORTH ELEVATION 0 2®' SCALE: 124x36) l'0"( 6B TOP OF VERIZON WfREIESS MONOPALM FRONDS ELEV. 64' b"AOL ANTENNA CENTER OF PROPOSER YERIZON WIRELESS ANTENNAS AND TOP OF POLE _ _ ELEV. 55'-0"AGL PROPOSED VERIZON WIRELESS ANTENNAS (4) PER SECTOR, (3) SECTORS, TOTAL OF ANTENNAS, F. MOUNTED ON PROPOSED VERIZON PROPOSED VERIZON WIRELESS CUSTOM DEAD PALM FROND SKIRT �• 'l, TO ENCLOSE PROPOSED VERIZON WIRELESS MONO -PALM WIRELESS PARABOLIC ANTENNA EL 7OF PROPOSED VERIZON WIRELESS PARABOLIC ANTENNA - ELEV. 0-0"TB.D, _ _ PROPOSED VERIZON WIRELESS 30KW/132GAL. DIESEL TANK UL 142 STANDBY GENERATOR MOUNTED ON 5'-0"x 8'-0" CONCRETE PAD PROPOSED VERIZON WIRELESS GPS ANTENNAS MOUNTED TO PROPOSED 3'-0" VERIZON PROPOSED SHELTER WALL, TYP. OF 2 WIRELESS PARABOLIC ANTENNA PROPOSED VERIZON WIRELESS CUSTOM WOOD FRAMED EQUIPMENT SHELTER TO MATCH DESIGN OF EXISTING MAINTENANCE PROPOSED Z VERIZON VERIZON BUILDING, INCLUDING FACIA, FAUX WIRELESS 6V ONOPALM WINDOWS, STUCCO & COLOR EXISTING TREE (TYP.) PROPOSED VERIZON WIRELESS 13'4"X 184" CUSTOM WOOD FRAMED EQUIPMENT SHELTER EXISTING 5'-0" CMU WALL TO BE / REMOVED REQUIRED FOR NEW CONSTRUCTTION. PATCH AND REPAIR (E) WALL AS REQUIRED TO BLEND WELL WITH (P) SHELTER. • PROPOSED VERIZON I-- »� WIRELESS 3'-0"HIGH WROUGHT IRON FENCING I My ON TOP OF 5'-0" HIGH 1-1-� 10 [ , } WALL0 O REMAIN E-[-t WALL TO REMAIN CMU WALL TO REMAIN To � w __________ u-� HGRADE ELEV- 0°•b"REr (E) 5'-0"HIGH CMU WALL TO REMAIN SOUTHELEVATION 0 2' 4' 6' SCALE: 1/9"= (24x3 '-O" ) veriLOnwireless 15501 SAND CANYON AVENUE BUILDING'D, IST FLOOR IRVINE, CA92618 THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED RE LC0till 14432 SE EASTGATE WAY, SUITE 260 BELLEVUE, WA 98007-6493 TEL: 425.274.4444 FAX., 425.274.4449 1 12-19-12 100% ZONING DRAWINGS 0 I2-03-12 90%ZONINGDRAWINGS REV. DATE REVISION DESCRIPTION PROJECT INFORMATION: LA QUINTA RESORT 77750 AVENUE 50 LA QUINTA, CA 92253 RIVERSIDE PROJEC7LA NUMBER: QUINTA RESORT DRAWN BY: CHECKED BY: KSH JB SHEET TITLE: NORTH & SOUTH ELEVATIONS SHEET NUMBER: REV.: A-3 1 -oTOP OF 1N) VERZON WIRELESS MONOPALM FRONDS ELEV. &4'0" AGL t i ANTENNA CENTEA OF PROPOSED VER20N WIREELESS ANTENNAS AND YOP OF POLE ELEV, 55'•0"aGL`-`� � PROPOSED VERIZON WIRELESS ANTENNAS (4) PER SECTOR, (3) SECTORS, TOTAL OF(12) ANTENNAS, MOUNTED ON PROPOSED VERIZON WIRELESS MONOPALM PROPOSED VERIZON WIRELESS CUSTOM DEAD PALM FROND SKIRT i TO ENCLOSE PROPOSED VERIZON WIRELESS PARABOLIC ANTENNA PROPOSED VERIZON WIRELESS 64'-0"MONOPALM PROPOSED VERIZON WIRELESS GPS ANTENNAS MOUNTED TO PROPOSED SHELTER WALL, TYP. OF 2 PROPOSED VERIZON WIRELESS 30KWI132GAL. DIESEL TANK UL 142 STANDBY GENERATOR FAUS TING TREE (TYP.J MOUNTED ON 5'-0"z 8'-0" CONCRETE PAD PROPOSED VERIZON WIRELESS 13.4"X 18-4"CUSTOM WOOD FRAMED EQUIPMENT SHELTER PROPOSED VERIZON WIRELESS CUSTOM WOOD FRAMED EQUIPMENT SHELTER TO MATCH DESIGN OF EXISTING MAINTENANCE BUILDING, INCLUDING FACIA, FAUX WINDOWS, STUCCO & COLOR PROPOSED VERIZON WIRELESS 3'-0"HIGH WROUGHT IRON PROPOSED WRIZON WIRELESS FENCING ON TOP OF (E) 5'-0" HIGH CMU WALL TO REMAIN 8'0"NIGH WROUGHT IR[N1 FENCING WITH34-ACCESSOATE (E) 5'-0"CMU WALL BEYOND TO REMAIN rL FIIIISH GRADE ELEV, 0'D•' REF. - (E) CMU WALL 5'-0" EAST ELEVATION D 2®' SCALE: l6.. 1''-0" (1.17) - TOP OF fNl VERIZON WIRELESS MONOPALM FRONDS ELEY' 84'•0"AQL EANTENNA CENTER OF PROPOSED VERIZON WIRELESS ANTENNAS AND TOP OF POLE - LEV.55'-0"AGL PROPOSED VERIZON WIRELESS ANTENNAS (4) PER SECTOR, (3) SECTORS, TOTAL OF (12) ANTENNAS, MOUNTED ON PROPOSED l VERIZON WIRELESS MONOPALM I. h CENTER OF PROPOSED VERIZON WIRELESS PARABOLIC ANTENNA _ rr '� �-� PROPOSED VERIZON WIRELESS CUSTOM DEAD ELEV O'-0' T.B.D. i€ PALM FROND SKIRT TO ENCLOSE PROPOSED t VERIZON WIRELESS PARABOLIC ANTENNA PROPOSED 3'-0" VERIZON WIRELESS PARABOLIC ANTENNA PROPOSED VERIZON WIRELESS 64'-0"MONOPALM PROPOSED VERIZON WIRELESS — EXISTING TREE (TYP.) 13'4"X 18-4" CUSTOM WOOD FRAMED EQUIPMENT SHELTER PROPOSED VERIZON WIRELESS GPS PROPOSED VERIZON WIRELESS ANTENNAS MOUNTED TO PROPOSED CUSTOM WOOD FRAMED SHELTER WALL, TYP. OF 2 EQUIPMENT SHELTER TO MATCH DESIGN OFEXISTING PROPOSED VERIZON WIRELESS 8'-0" MAINTENANCE BUILDING, HIGH WROUGHT IRON FENCING WITH INCLUDING FACIA, FAUX M, 3'-0"ACCESS GATE WINDOWS, STUCCO & COLOR (E) CMU WALL 5'-0" PROPOSED VER—N WIRELESS GENEflA TOR PLUG FINISH GRADE - I �{ - ELEV. 0' -0" REF. 0 2' 4' e' SCALE: 1/6" (24x36) WEST ELEVATION ® (GR) 1/16"=1'A",11z17) 2 VI°rlLO wireless 15501 SAND CANYON AVENUE BUILDING'D, ISTFLOOR IRVINE, CA92618 THE INFORMATION CONTAINED IN THIS SET OF DRAWINGS IS PROPRIETARY & CONFIDENTIAL TO VERIZON WIRELESS ANY USE OR DISCLOSURE OTHER THAN AS IT RELATES TO VERIZON WIRELESS IS STRICTLY PROHIBITED R E ,t-- u, L C 0 M 14432 SE EASTGATE WAY, SUITE 260 BELLEVUE, WA 98007-6493 TEL: 425.274.4444 FAX: 425.274.4449 1 12-19-12 100% ZONING DRAWINGS 0 12-03-12 90% ZONING DRAWINGS REV. DATE REVISION DESCRIPTION PROJECT INFORMATION: LA QUINTA RESORT 77750 AVENUE 50 LA QUINTA, CA 92253 RIVERSIDE PROJECTNUMBER: LA QUINTA RESORT ORAWN BY: I CHECKED BY: KSH JB SHEET TITLE: EAST & WEST ELEVATIONS SHEET NUMBER: REV.: A-4 1 M "I Nma R ES r7i pT A PROPOSED LIVE PALM S T ' OF ,i , 1 i aMF EXISTING PROPOSED • • A_ • .. _ ■ 0 LOCATION PRIM m A low lrw:a An ftf TMhMMW--- EXISTING m 111114 E' _C; 17 -awAs APR"'. P I? C) I-- CIS i� D LIVE PALM PROPOSED LIVE PALM 13 E Y 0 rl-j D PALM T 41& 4 ILI 4 ALI 7 PROPOSED LOOKING SOUTHEAST FROM EISENHOWER DRIVE A 71 , M � I t] r s ! mo ar �a��taa i l LoCATJ0N A A MIT R } y w N! � ±y+ t PRoPgsE:r) W OUGHT IRON FENCEow -- � �N .1 �h`cw !:' `��i�`t:i ..41-t : ��1+'� �� • - Ord . ■ + ATTACHMENT # 4 RE L C O M RealCom Associates, LLC Authorized Agent for Verizon Wireless Verizon Project Name: La Quinta Resort City of La Quinta, CA Application for Conditional Use Permit for Stealth Wireless Telecommunication Facility Project Description and Project Justification The Applicant (Los Angeles SMSA Limited Partnership, d/b/a Verizon Wireless) is requesting approval of a Conditional Use Permit to allow for the construction and operation of an unmanned cell site. The following project information is provided for your consideration. Project Location Address: 7775o Avenue 5o, La Quinta, CA 92247 APN: 658-190-002 Zoning: GC (Golf Course) Project Representative Name: James A. Rogers/RealCom Associates, LLC Address: 18301 Von Karman, Irvine, CA 92612 Contact Information: 949-295-9031 Verizon Wireless Contact Name: Jennifer Carney, Project Manager Address: 15505 Sand Canyon Avenue, Bldg. D, Irvine, CA 92618 Contact Information: 949-286-8735 Proposed Project Description Verizon Wireless is proposing a 64-ft antenna support structure disguised as a Palm Tree (MonoPalm) with a three (3) sector antenna array consisting of four (4) panel antennas each sector, (total of twelve (12) antennas); one (1) parabolic antenna; one (1) GPS antennas; one (1) custom built equipment shelter, and one (1) standby generator installed within a 20' x 40' lease area. The MonoPalm and standby generator will be enclosed by an eight (8) foot high wrought iron fence for security. The antenna array has a center line height of 55 feet, while the MonoPalm fronds will extend up to a height of 64 feet and help obscure the antennas, Page 1 of 4 Project Description & Project Justification 12.27.12 113 of 206 which will be painted to match the color of the fronds. Additionally, the parabolic antenna mounted below the fronds will be covered by a skirt of "dead palm fronds" to visually obscure the antenna. Access to the project site will be via a 12-ft wide non-exclusive all weather travel access route from Avenue 50. Two (2) live palm trees will be planted adjacent to the proposed cell -site enclosure to provide additional screening and to further blend the proposed MonoPalm with the surrounding palms. Project Site and Surrounding Properties The proposed Verizon Wireless cell site (MonoPalm) is located on private property (La Quinta Country Club) at 7775o Avenue 50 in the City of La Quinta. The proposed cell site is located in an existing landscape area in the southern portion of the of the subject parcel. The project property consists of a single parcel of approximately 17.18 acres located at the northeast corner of Eisenhower Drive and Avenue 50. The project property is zoned GC (Golf Course), and is developed with a golf course, club house and ancillary uses. The proposed project site is located immediately north of the existing golf maintenance yard. The project property is surrounded by single-family residences to the west (across Eisenhower Dr.) and south (across Avenue 50), by the Golf Course driving range to the east and the Clubhouse & parking to the north. The proposed cell site (MonoPalm) is located in excess of 150ft from the rights -of -way for Eisenhower Drive and Avenue 5o as required by the La Quinta General Plan for the primary image corridor. Project Objectives and Search Ring Verizon Wireless has determined that a radio signal strength of greater that 75 dBm is necessary to provide reliable and consistent voice and data services to customers both outdoor and in -building. Additionally, as nearby sites become overworked due to increasing voice and high-speed data services, new cell sites are needed to maintain coverage and prevent new gaps in service. The Verizon radio frequency (RF) engineers have identified a significant gap in coverage and capacity in the communities (La Quinta Resort and Club, La Quinta Country Club, etc) surrounding Eisenhower Drive and Avenue 50. Alternative Site Analysis The following alternate properties, including existing towers, were identified and evaluated as potential cell site locations and/ or for collocation. The reasons for not selecting each alternate location are also addressed: • 49499 Eisenhower Drive (Sprint/SBA MonoPalm): This alternate site is located on the La Quinta Resort and Club property approximately one-third mile northwest of the proposed cell site. The collocation alternate is an existing 60' MonoPalm. The MonoPalm design was not suitable for collocation, and ground space was not sufficient for a 2"d MonoPalm or alternate structure. This location was acceptable to Page 2 of 4 Project Description & Project Justification 12.27.12 114 of 206 RF Engineering for covering the primary coverage gap, but was determined to be unfeasible from a land use entitlement and construction viewpoint. 49499 Eisenhower Drive (AT&T MonoPalm): This alternate site is located on the La Quinta Resort and Club property approximately one -fifth mile northwest of the proposed cell site. The collocation alternate is an existing 6o' MonoPalm. The MonoPalm design was not suitable for collocation, and ground space was not sufficient for additional radio equipment. This location was acceptable to RF Engineering for covering the primary coverage gap, but was determined to be unfeasible from a land use entitlement and construction viewpoint. Required Findings of Approval The following findings shall be made by the planning commission and/or planning director prior to approval of any wireless telecommunication facility: A. Consistency with General Plan. The wireless telecommunication facility is consistent with the goals, objectives and policies of the general plan; The proposed Wireless Telecommunication Facility will provide communication services to the surrounding residential neighborhoods and travelers passing through the area. The proposed use therefore will provide increased emergency & safety communications, and strengthen the economic basis of the community. The General Plan requires a150 ft primary image corridor along Eisenhower and Avenue 5o. The wireless facility is located beyond the 150 ft corridor as required by the General Plan. The property on which the proposed use will be located is developed as a Golf Course and Clubhouse, which consistent with both the General Plan and Zoning designation of Golf Course. The proposed wireless facility is an allowed land use within the designation, with approval of the Conditional Use Permit and is therefore consistent with the General Plan. B. Public Welfare. Approval of the wireless telecommunication facility will not create conditions materially detrimental to the public health, safety and general welfare. The proposed wireless telecommunication facility use will provide enhanced communication services to the surrounding area, including emergency and public safety communications, and in -residence data, internet and voice services. The proposed wireless facility will be located adjacent to the existing golf maintenance yard, and well away from public rights of way or residential dwelling. Therefore, the proposed wireless facility will not adversely affect or be materially detrimental to the surrounding uses and buildings. C. The proposed wireless telecommunication facility minimizes adverse visual impacts through careful design and site placement; Page 3 of 4 Project Description & Project Justification 12.27.12 115 of 206 The proposed wireless facility utilizes 845 square feet of the 17.18 acre golf course parcel. The wireless facility is proposed as a "stealth" MonoPalm similar to others in the City of La Quinta. The MonoPalrn fronds will minimize the visual impacts of the facility; while the planting of additional live palm trees will provide further visual context and screening. The project site has been located so it is screened by the existing golf maintenance yard buildings and walls, thereby minimizing the visual impact of the equipment building. Also, the proposed equipment building will be custom designed and built to match the existing architectural of the adjacent golf buildings. Therefore, any adverse visual impacts of the proposed facility have been minimized as much as possible. D. The proposed wireless telecommunication facility is designed at the minimum height to achieve the service provides objectives for coverage within this portion of the community; The proposed wireless facility is designed to provide an antenna rad center of 55 ft, which is the minimum height identified by Verizon's radio frequency engineers as necessary to meet the coverage objectives of this site location. The 64 ft height of the proposed wireless facility is consistent with the height of other carrier facilities in this portion of the City, and well below the maximum allowable height of loo ft. E. The proposed wireless telecommunication facility is necessary, as shown in the applicant's justification letter, to improve community access to wireless service. As described in the Project Objectives and Search Ring section of this letter, a significant gap in coverage and/or capacity exists for Verizon customers in this area of the City of La Quinta. Therefore, a new wireless facility is necessary to improve community access to wireless services. The enclosed land use application and exhibits are presented for your consideration. Verizon Wireless requests a favorable determination and approval of the Conditional Use Permit to build the proposed facility. Please contact me at 949-295-9031 for any questions or requests for additional information. Respectfully JVrnes A. Roh(ers RealCom Associbtes LLC. Authorized Agent for Verizon Wireless Page 4 of 4 Project Description & Project Justification 12.27.12 116 of 206 AFTER ATTACHMENT # 5 n C m z Ln 117 of 206 RFFORE 118 of 206 T,vf 4 e(Paukrw MEMORANDUM TO: Honorable Chairman and Members of the Planning Co ission FROM: Les Johnson, Community Development Direct DATE: May 14, 2012 SUBJECT: CUP 2012-148 The Planning Department did receive public comments on the proposal from neighboring property owners after the staff report was complete. Staff is providing these letters to you for your consideration. Attachments: 1) Wendy Johnson Opposition Letter 2) Jimmy Powell Opposition Letter 3) Skip Boone Opposition Letter 119 of 206 City of La Quinta Planning Commission La Quinta City Hall 78-495 Calle Tampico La Quinta, CA 92253 49920 Lago Drive La Quinta, CA 92253 May 5, 2013 RE: Verizon Conditional Permit 2012-148 Dear Sir Madam: I would like to voice my objection to allow the placement of a monopalm tower and equipment enclosure adjacent to the La Quinta Country Club. My objections are numerous and include: 1) A tower of that size would create a public eyesore and is totally incongruous with the pristine nature of the surroundings 2) This tower may reduce surrounding property values, which are already at almost record low values. Reduced property taxes have had a negative impact on city and state revenues. The fees generated for the city by tower placement ultimately could be less than that property taxes derived from a robust housing market. 3) Finally, and most importantly, I am concerned about the potential health impact of electromagnetic radiation emanating from the tower. While the negative health effects of EMR have not been unequivocally proven, they have not been disproven either. 4) Lastly, I object to the timing of the discussion of a very important issue taking place when many seasonal homeowners are out of the area. It would seem almost intentional that the hearing is taking place at this time. I would be happy to discuss my concerns by phone 619-977-9890 or by a mail at iohnsonwendy@vahoo.com. Sincerely, Wendy i s n REcENED MAC � CITY clF LA QUINTA pLANNING DEPARTMENT AI i j ! rif l��•�i# ✓tii- 11 f� 120 of 206 Jimmy Powell 49895 Lago Dr. LaQuinta, Ca. 92253 760-564-8659 Conditional Use Permit 2012-148 May 6, 2013 We live directly East of the LQCC maintenance building and yes we would object to a sixty four foot tower directly in our view of the beautiful mountains. We live here all year. believe this would devalue our property. We will do everything to stop this project. Respectfully, my Pdwell RECEIVED MAY 92013 CITY OF LA QUINTA PLANNING DEPARTMENT 121 of 206 Eric Ceja From: Skip Boone <skipb@oregonlinen.com> Sent: Monday, May 13, 2013 3:51 PM To: Eric Ceja Subject: Conditional Use Permit 2012-148 Verizon Wireless Attachments: tower view.png; image.jpeg From: Skip Boone 50095 Valencia Ct. La Quinta, CA We live in our home on the corner lot south of 50th Avenue, East of Eisenhower. The proposed Mono Palm Tower at the La Quinta Country Club will be directly in the center of our view of the Santa Rosa Mountains to the north of our property. We are in a residential/resort area with the full expectation of an environment of beautiful vistas, vacations and recreation. Commercial/Industrial objects do not fit the skyline. Although we understand there may be a need for these towers, it is my opinion they should be placed far enough away from neighboring property owners to not be substantially in their views. Moving the tower another 400 feet northeast would accomplish just that. A lesser alternative for us would be a placement of palm trees on the 50th avenue perimeter approximately 100-110 feet east of Eisenhower. Though they would be located in that same view, we would still have a limited view of the mountains with natural vegetation. Attached is a picture of the view from our back yard (balloons mark the height and location of the tower) as well as the sight line via aerial view. Thank you Skip Boone 122 of 206 —Aft - 1 � _ •IC b wo � � r G i — 'ih �' -`1. 'ftttrr+�,".'Id�frJGQi'.11';rXd :Oikffsl C` h'-- Search For Location ; 19225.3 l L 00- 2 Ci a Artb Crku4ft+ U*—Q MPVS Mlt E tt e A t Kip*' ► +- Search r rp ten — salift T 124 of 206 PH # 3 PLANNING COMMISSION STAFF REPORT DATE: MAY 14, 2013 CASE NO.S: ZONING ORDINANCE AMENDMENT 2013-114 ZONE CHANGE 2013-143 APPLICANT: CITY OF LA QUINTA REQUESTS: ZONING ORDINANCE AMENDMENT 2013-114: AMENDMENTS TO TITLE 9 (ZONING) OF THE LA QUINTA MUNICIPAL CODE ESTABLISHING AN AFFORDABLE HOUSING OVERLAY, USE ALLOWANCES AND STANDARDS FOR EMERGENCY AND TRANSITIONAL HOUSING AND PROCEDURES FOR REASONABLE ACCOMMODATION, AND AMENDING AFFORDABLE HOUSING DENSITY BONUS PROVISIONS. ZONE CHANGE 2013-143. AMENDMENTS TO THE LA QUINTA ZONING MAP APPLYING AN AFFORDABLE HOUSING OVERLAY ZONE (AHO) TO ALL COMMERCIAL PROPERTIES ZONED NEIGHBORHOOD COMMERCIAL (NC); COMMUNITY COMMERCIAL (CC); REGIONAL COMMERCIAL (CR); COMMERCIAL PARK (CP); AND VILLAGE COMMERCIAL (VC), AND OTHER SPECIFIC SITES IDENTIFIED IN THE 2008 LA QUINTA HOUSING ELEMENT. LOCATION: CITY WIDE ENVIRONMENTAL DETERMINATION: EXEMPT FROM FURTHER ENVIRONMENTAL REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970 (CEQA). RECOMMENDED ACTION: 1. Adopt Planning Commission Resolution 2013 - , recommending City Council approval of Zoning Ordinance Amendment 2013-1 14; and 2. Adopt Planning Commission Resolution 2013 - recommending City Council approval of Zone Change 2013-143. Page 1 of 5 125 of 206 EXECUTIVE SUMMARY: The proposed amendments to Title 9, along with the related zone change actions, are intended to bring the zoning code and the official city zoning map into consistency with the City's adopted Housing Element. These actions are also intended to facilitate the State Housing and Community Development (HCD) submittal and review process for the 2014 Housing Element update currently being drafted. BACKGROUND/ANALYSIS: On August 2, 2011, the City Council adopted the current Housing Element, which covers the 8-year planning period from 2006-2013 and contains several policies and programs that relate to zoning actions that require implementation. As these actions were not only related to Housing Element policies but were also to a number of Land Use policies, implementation of the programs into the zoning ordinance needed to wait until the 2035 General Plan Update was completed. With the 2035 General Plan now adopted, the Housing Element programs are now being considered for incorporation into the zoning ordinance. City staff is now working on the Housing Element update for the State -mandated 2014-2021 planning period. To help facilitate a more timely review and approval process for this next update, the State has instituted a streamlined review process. However, in order to take advantage of this process, the city must have completed the previous Housing Element's program actions prior to submitting its next update, which is due to HCD by October 15, 2013. There are penalties for not submitting the update to HCD by the due date, which include a "carry-over" of the prior period Regional Housing Needs Assessment (RHNA) allocation and requiring a four (4) year versus an eight (8) year update cycle. The "carry-over" would result in the City having to accommodate for 1,577 units rather than the 364 units currently allocated for the 2014-2021 planning period. ZONING ORDINANCE AMENDMENTS The following Housing Element programs require amendments to the zoning code. The necessary amendments are included as Exhibit A of the proposed Planning Commission Resolution. • Programs H-1. 5. b and H-1. 5. c - Amend the Municipal Code to create an Affordable Housing Overlay (AHO) which would permit higher densities at 20-24 units per acre, for projects with at least 25 % of its units set aside for lower income households for sites one acre or larger in size, in the Community Commercial, Commercial Park, Neighborhood Commercial, Regional Commercial, and Village Commercial zones. Page 2 of 5 126 of 206 - Create standards specific to affordable and mixed -use housing development in commercial zoning districts, which would allow affordable housing developments to conform to more traditional high -density residential development standards. Establishment of the Affordable Housing Overlay (AHO), applicable to the CN, CC, CR, CP and VC districts, provides specific development standards applicable to qualifying affordable housing projects only. These standards include a reduction in minimum unit size from 750 to 600 s.f. and increased building height up to 40 feet and four stories, depending on the underlying district and neighboring land use. • Program H-1.5. d - Amending the Municipal Code to permit densities up to 24 units/acre in the High Density Residential zone. The Residential High Density District base density is increased from 16 to 24 units per acre for eligible affordable housing projects. • Program H-2.3.c - Amend the Municipal Code to permit guest and employee housing without a Minor Use Permit and allow full plumbing facilities. The requirement for a Minor Use Permit was removed in 2010, which also expanded allowance of guest houses into the RM, RMH and RH districts. This amendment allows full kitchen and bathroom facilities in a guest house. • Program H-2.3.d - Update the Zoning Code to include amendments to density bonus law under Assembly Bill 2280 and provide a summary of the changes on the affordable housing page of the City's website. The existing density bonus provisions, adopted in 2007, have been update to reflect the latest mandated changes which are primarily procedural in nature. • Program H-5.5.d - Adopt a process for reasonable accommodation, including a provision of assistance in making the request, as well as for appealing a determination. A section addressing flexibility of certain development standards to accommodate disability related circumstances has been added to the zoning code. • Program H-5.5.g - Update the Zoning Code to include appropriate definitions for emergency shelters, transitional housing, and permanent supportive housing. Emergency shelters will be permitted without discretionary approval in the MC zone and conditionally permitted in the CR zone. Transitional and supportive housing types will be permitted as any other residential use in residential zones. Development and operational standards have been developed in compliance with Senate Bill 2. Page 3 of 5 127 of 206 Specific development standards and definitions have been included in the zoning code and are based on a conservative approach due to limitations of site size and availability for the adequate development of such facilities. • Program H-1.2.b - Explore the potential for a small lot subdivision ordinance) to allow the subdivision of existing parcels into smaller lots than currently permitted to facilitate the creation of small single-family detached and attached homes. Staff investigated the potential for such an ordinance, based on existing codes in Los Angeles and Glendale, CA. It was determined that the lot sizes contemplated under the code would lead to a complex set of amendments to the zoning and subdivision requirements, and that the City's current specific plan process would achieve the same benefits with more flexibility. Thus no changes to the zoning code are proposed for this program. ZONE CHANGE While the zoning ordinance amendment established the AHO in the zoning code (Title 9), the zone change applies the AHO to the official zoning map. In addition five sites, one vacant site and 4 underutilized sites, are proposed for specific changes to their zoning district; three of these sites will also be designated with the AHO (Attachment 1). The purpose of these changes is to meet the RHNA requirements for the current Housing Element's planning period which concludes at the end of this year. As part of the Housing Element update for the next planning period, these sites will be reevaluated and potentially rezoned to reflect the City's new, and much lower, RHNA allocation. The proposed changes include: • Vacant Site #2 (Attachment 2) — a 21.4 acre parcel on the south side of Avenue 58, sharing the west boundary of Andalusia. Current General Plan land use/zoning: LDR/RL. Proposed: MDR/RM. • Underutilized Site #U1 (Attachment 3) — a 4.9 acre parcel on the north side of Darby Road, east of Palm Royale Drive. Current General Plan land use/zoning: LDR/RL. Proposed: MDR/RM with AHO. • Underutilized Site #U2 (Attachment 4) — a 4.8 acre parcel on the south side of Darby Road, east of Palm Royale Drive (TT 31087). Current General Plan land use/zoning: LDR/RL. Proposed: MDR/RM with AHO. • Underutilized Site #U4 (Attachment 5) — a 6.1 acre parcel on the north side of Avenue 52, east of Jefferson Street (Price's Nursery). Current General Plan land use/zoning: LDR/RL. Proposed: MDR/RM • Underutilized Site #U8 (Attachment 6) — Eleven parcels comprising approximately 19.6 acres, along the east side of Dune Palms Road between Page 4 of 5 128 of 206 Westward Ho and the Whitewater Channel (RDA holdings, church, CVWD and existing mobile home park parcels). Current General Plan land use/zoning for all 11 parcels: MDR/RM. Proposed: MHDR/RMH with AHO. ENVIRONMENTAL REVIEW: An initial study was conducted under Environmental Assessment 2008-599 (SCH #2009091037) for the 2008 Housing Element Update, and a Negative Declaration was certified by the La Quinta City Council on August 2, 2011 (RES. #2011-072). No changed circumstances or conditions exist which would trigger the preparation of any subsequent environmental analysis, pursuant to Public Resources Code Section 21166. PUBLIC NOTICE: This request was published in the Desert Sun newspaper on May 3, 2013, as a legal display ad. The notice was not direct mailed to property owners as the amendments and rezonings constitute a city-wide action. To date, no comments have been received. Comments were not requested from any public agencies or other City Departments, due to the scope of the amendment and perceived unlikelihood that these changes will affect any other departments or agencies. STATEMENT OF MANDATORY FINDINGS: Findings to recommend approval of the requests can be made and are contained in the attached Resolutions. Report prepared by: Report approved for submission by: Attachments: Wallace Nesbit, Principal Planner Les Johnson Community Development Director 1 . Overall Zone Change Map 2. Individual Site 2 Zone Change Map 3. Individual Site U 1 Zone Change Map 4. Individual Site U2 Zone Change Map 5. Individual Site U4 Zone Change Map 6. Individual Site U8a-k Zone Change Map Page 5 of 5 129 of 206 PLANNING COMMISSION RESOLUTION 2013 - XXX AMENDMENTS TO TITLE 9 (ZONING) OF THE LA QUINTA MUNICIPAL CODE: 1) ESTABLISHING AN AFFORDABLE HOUSING OVERLAY; 2) ESTABLISHING USE ALLOWANCES AND STANDARDS FOR EMERGENCY AND TRANSITIONAL HOUSING; 3) AMENDING AFFORDABLE HOUSING DENSITY BONUS PROVISIONS; AND 4) ESTABLISHING PROCEDURES FOR REASONABLE ACCOMMODATION CASE NO.: ZONING ORDINANCE AMENDMENT 2013-1 14 APPLICANT: CITY OF LA QUINTA WHEREAS, the La Quinta City Council adopted the 2035 General Plan Update on February 19, 2013, to guide development throughout the City, and maintains a Zoning Ordinance to implement the vision set forth in the General Plan; and WHEREAS, said General Plan adoption incorporated the City of La Quinta's Housing Element, as adopted by the La Quinta City Council on August 2, 201 1; and WHEREAS, the La Quinta General Plan's Housing Element includes several program objectives related to rezoning and zoning code amendment actions necessary to accommodate state -mandated affordable housing requirements; and WHEREAS, Section 65860(a) of the California Government Code requires that zoning be consistent with the adopted local General Plan; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 141h day of May, 2013, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to Title 9 (Zoning) of the La Quinta Municipal Code as identified by Title of this Resolution; 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 Community Development Department has determined that the proposed code amendments and zone changes are exempt from further environmental review under the California Environmental Quality Act of 1970 (CEQA). An Initial Study was conducted under Environmental Assessment 2008-599 (SCH #2009091037) for the 2008 Housing Element Update, and a Negative Declaration was certified by the La Quinta City 130 of 206 Planning Commission Resolution 2013-XXX Zoning Ordinance Amendment 2013-1 14 May 14, 2013 Council on August 2, 2011 (Res. #201 1-072). No changed circumstances or conditions exist which would trigger the preparation of any subsequent environmental analysis, pursuant to Public Resources Code Section 21 166; and WHEREAS, a public hearing notice was published in the Desert Sun newspaper on May 3, 2013, 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, to the City Council: 1. The proposed Zoning Ordinance Amendment is consistent with the goals, objectives and policies of the General Plan, particularly Goal LU-1 (Land use compatibility throughout the City); Goal LU-3 (Safe and identifiable neighborhoods that provide a sense of place); Policy LU-3.1 (Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern); Goal LU-4 (Maintenance and protection of existing neighborhoods); and Goal LU-5 (A broad range of housing types and choices for all residents of the City). 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. The Amendment supports the construction of housing for all income levels in the City, meeting building requirements and all development standards of the Zoning Ordinance. The standards and requirements set forth in the amendment are therefore established toward ensuring protection of the public health, safety and general welfare. 3. The Zoning Ordinance Amendment has been determined to be exempt from the California Environmental Quality Act in that the proposed changes are within the scope of a previously adopted environmental document Environmental Assessment 2008-599 (SCH #2009091037). NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. 131 of 206 Planning Commission Resolution 2013-XXX Zoning Ordinance Amendment 2013-1 14 May 14, 2013 SECTION 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 2013-114, 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 this 14t" day of May, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta 132 of 206 EXHIBIT A — PLANNING COMMISSION RESOLUTION 2013 - ZOA 2013 - 114; Incorporation of Certain Amendments to Title 9 (ZONING) of the La Quinta Municipal Code, to Implement the 2006-2014 Housing Element of the La Quinta General Plan Chapter 9.20 ZONING DISTRICTS 9.20.010 Establishment of districts. The city is divided into the following zoning districts which are consistent with and implement the general plan: 1 . RVL Very Low Density Residential District 2. RL Low Density Residential District 3. RC Cove Residential District 4. RM Medium Density Residential District 5. RMH Medium High Density Residential District 6. RH High Density Residential District 7. RSP Residential Specific Plan Overlay District 8. RR Rural Residential Overlay District 9. VC Village Commercial District 10. NR Nonresidential Overlay District 1 1 . CR Regional Commercial District 12. CP Commercial Park District 13. CC Community Commercial District 14. CN Neighborhood Commercial District 15. CT Tourist Commercial District 16. CO Office Commercial District 17. MC Major Community Facilities District 18. PR Parks and Recreation District 19. GC Golf Course District 20. OS Open Space District 21. FP Floodplain District 22. HC Hillside Conservation Overlay District 23. SOB Sexually Oriented Business Overlay District 24. EOD Equestrian Overlay District 25. AHO Affordable Housing Overlay District 1 133 of 206 Chapter 9.30 RESIDENTIAL DISTRICTS 9.30.010 Summary of district regulations. A. Permitted Uses. Chapter 9.40 specifies the land uses allowed in each residential district. B. Development Standards. Development standards (such as minimum setbacks and maximum building heights) for each residential district are summarized in this chapter and set forth in more detail in Chapter 9.50. C. Supplemental Regulations. Sections containing supplemental regulations applicable to residential uses are as follows: 9.60.010Purpose and intent 9.60.020Signs and parking 9.60.030Fences and walls 9.60.040Patio covers, decks and play equipment 9.60.050Storage and other accessory buildings 9.60.060Garages and carports 9.60.070Swimming pools 9.60.080Satellite dish and other antennas 9.60.090Second residential units 9.60.100Guesthouses 9.60.1 10Home occupations 9.60.120Pets and other animals 9.60.130Recreational vehicle parking 9.60.140Screening 9.60.150Tennis and other game courts 9.60.1600utdoor lighting 9.60.170Special outdoor events 9.60.180Manufactured housing and mobilehomes 9.60.190Family child care facilities 9.60.200Senior citizen housing 9.60.210Construction and guard offices 9.60.220Trash and recyclable materials storage 9.60.230Noise control 9.60.2401-andscaping and open area 9.60.250Model home complexes 9.60.260Condominium conversions 9.60.270Density bonuses for affordable housing 9.60.28013ed and breakfast regulations 9.60.290Timesh are regulations 9.60.3000ompatibility review for partially subdivisions 9.60.310Restrictions on multistory buildings developed at project 2 134 of 206 boundaries 9.60.320Resort residential 9.60.330Residential tract development review 9.60.340Custom home design guidelines 9.60.350Reasonable Accommodation 9.60.360Emergency Shelters D. Height Limits Near Major Arterials. Residential buildings located near major highways are limited in height per Section 9.50.020. E. Definitions. For purposes of this chapter and this code, the following definitions shall apply: 1. "Livable floor area" means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted), but excluding walls. Livable floor area does not include a garage or any accessory structure. 2. "Lot coverage" means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" shall mean all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. 3. "Project area" means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 299 § 1 (part), 1997; Ord. 284 § 1 (Exh. A) (part), 1996) 9.30.070 RH high density residential district. A. Purpose. To provide for the development and preservation of medium to high density neighborhoods (twelve to sixteen units per acre; or if the Affordable Housing Overlay applies, up to twenty-four units per acre when a minimum of 25 percent of units are dedicated to low and very low income affordable housing) with one- to three-story single-family attached dwellings and one- to three-story townhome and multifamily dwellings. B. Permitted Uses. Chapter 9.40 lists permitted land uses. C. Development Standards. Minimum lot size for single-family attached 2000 sq. ft. Minimum project size for multifamily projects 20,000 sq. ft. Minimum frontage for multifamily projects 100 ft. Maximum structure height 40 ft. Maximum number of stories 3 3 135 of 206 Minimum front yard setback (non -garage portions of20 dwelling) ft.* Minimum garage setback for single-family attached 25 ft.' Minimum interior/exterior side yard setbacks 10/1 5 ft2 Minimum rear yard setback 20 ft. Maximum lot coverage 60% Minimum livable floor area excluding garage 750 sq. ft. Minimum landscape setbacks adjacent to perimeter streets 3 10' minimum at any point, 20 minimum average over entire frontage Minimum common open area' 30% * Projects with five or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 feet and 25 feet or more in order to avoid streetscape monotony. Twenty feet if "roll -up" type garage door is used. 2 For interior side yards, five feet minimum plus one foot additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 feet when said height above 17 feet is located between five and ten feet from said side yard property line. For the RH zone the interior setbacks, if the building is over 28 feet in height, the setback is ten feet plus one foot for every foot over 28 feet in height or fraction thereof, to a maximum setback of 15 feet. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 3 Per the landscaping and open area standards of Section 9.60.240. Chapter 9.50 contains additional details and illustrations regarding development standards. (Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.40 RESIDENTIAL PERMITTED USES 9.40.040 Table of permitted uses. Table 9-1: Permitted Uses in Residential Districts, following, specifies those areas and structures which are permitted within each residential district. The letters in the columns beneath the district designation mean the following: "P": Permitted as a principal use within the district. "A": Permitted only if accessory to the principal residential use on the site. "C": Permitted if a conditional use permit is approved. "M": Permitted if a minor use permit is approved. "H": Permitted as a home occupation if accessory to the principal residential use and if a home occupation permit is approved. "S": Permitted if a specific plan is approved per Section 9.40.030. 4 136 of 206 "X": Prohibited in the district. Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Residential Uses Single-family P P P P P S detached dwellings Single-family detached patio S S S S P S homes (i.e., "zero lot -line") Duplexes (two units S S S S P P on the same lot) Single-family attached dwellings (two units per S S X S P P building with each unit on its own lot) Townhome dwellings (two or more units per S S X S P P building with each unit on its own lot) Condominium multifamily S S X S P P ("airspace" units) Apartment multifamily (rental X X X P P P units) Mobilehome parks C C C C C C Mobilehome subdivisions and manufactured homes P P P P P X on individual lots, subject to Section 9.60.180 137 of 206 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Resort residential subject to Section C C X C C C 9.60.320 Guesthouses, subject to Section A A A A A A 9.60.100 Second residential units subject to A A A A A A Section 9.60.090 Group Living and Care Uses Child day care facilities as an accessory use, A A A A A X serving 8 or fewer children, subject to Section 9.60.190 Child day care facilities as an accessory use, M M M M M X serving 9-14 children, subject to Section 9.60.190 Congregate living facilities, 6 or fewer P P P P P X persons Congregate care C C C C C C facility Residential care facilities, 6 or fewer P P P P P P persons Senior citizen residences, 6 or fewer persons, P P P P P P subject to Section 9.60.200 138 of 206 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Senior group housing, 7 or more X X X X C C persons, subject to Section 9.60.200 Time share facilities, subject to Section C C C C C C 9.60.280 Bed and breakfast C C C C C C inns Supportive Housing X X X C C C Transitional HousingI X X X C C C Open Space and Recreational Uses Public parks, playfields and open P P P P P P space Bicycle, equestrian P P P P P P and hiking trails Clubhouses and community P P P P P P pools/cabanas Unlighted tennis and other game courts on private property, A A A A A A subject to Section 9.60.1 50 Lighted tennis and other game courts on private property, M M M C C C subject to Section 9.60.1 50 Golf courses and country clubs per P P P P P P Section 9.110.040 Driving range with or C C X C C C without lights 139 of 206 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Accessory Uses and Structures Home occupations, subject to Section H H H H H H 9.60.1 10 Patio covers, decks, and gazebos, subject A A A A A A to Section 9.60.040 Fences and walls, subject to Section P P P P P P 9.60.030 Satellite dishes and other antennas A A A A A A subject to Section 9.60.080 Swimming pools, spas and cabanas, A A A A A A subject to Section 9.60.070 Garages and carports, subject to A A A A A A Section 9.60.060 Keeping of household pets, A A A A A A subject to Section 9.60.120 140 of 206 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH On lots of 1 acre or more, the noncommercial keeping of hoofed animals, fowl (except roosters) and rabbits, subject to Section 9.60.120. Hoofed A A X X X X animals include horses, sheep, goats, pot bellied pigs, and similar. The keeping of horses is subject to Section 9.140.060 and limited to one horse per 2.5 acres. Other accessory uses and structures which are customarily associated with and subordinate to the A A A A A A principal use on the premises and are consistent with the purpose and intent of the zoning district. Agricultural Uses Tree crop farming; P X X X X X greenhouses Field crop farming P C X X X X 141 of 206 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Produce stands, subject to Section P M X X X X 9.100.100 Temporary Uses Garage sales A A A A A A Construction and guard offices, M M M M M M subject to Section 9.60.210 Use of relocatable M M M M M M building Model home complexes and sales M M M M M M offices, subject to Section 9.60.250 Special outdoor events, subject to M M M M M M Section 9.60.170 Parking of recreational vehicles, A A A X X X subject to Section 9.60.130 Other Uses Churches, temples and other places of C C C C C C worship Museum or gallery displaying sculpture, artwork or crafts, C C C C C C including schools for above, on 20 acres or more 10 142 of 206 Table 9-1 Permitted Uses in Residential Districts P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit Medium- S = Specific plan Very Low Low Medium High High required Density Density Cove Density Density Density X = Prohibited use Residential Residential Residential Residential Residential Residential Land Use RVL RL RC RM RMH RH Community recreational vehicle X X X P P P storage lots, noncommercial Communication towers and equipment C C C C C C (freestanding, new towers) subject to Chapter 9.170 Communication towers and equipment (co - location, mounted to M M M M M M existing facility) subject to Chapter 9.170 Utility substations M M M M M M and facilities Public flood control P P P P P P facilities and devices Other principal, accessory or Director or planning commission to determine whether use is permitted in temporary uses not accordance with Section 9.20.040. listed in this table (Ord. 492 § 1, 201 1; Ord. 480 § 1, 2010; Ord. 466 § 1, 2009; Ord. 445 § 1, 2007; Ord. 414 § 1, 2005; Ord. 394 § 2 (Exh. A), 2003; Ord. 325 § 1 (Exh. A), 1998; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.60 SUPPLEMENTAL RESIDENTIAL REGULATIONS 9.60.100 Guesthouses. 11 143 of 206 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, which may include full bathroom and/or kitchen or cooking facilities, but no ^^^Linn faGili 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. One guesthouse may be established on any single-family residential lot as a permitted accessory use. In the cove residential, medium density residential, medium -high density residential and high density residential zones, only one guesthouse 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 guesthouse may be permitted with planning director approval. D. Standards for Guesthouses. Guesthouses shall not be permitted when duplexes, triplexes, 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. 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. Th hall h^ no Li fa thine � es u se �T e%G�n � EFL--6�EA ti-eS within 5. 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. 6. A deed restriction shall be required for recordation against the property to prohibit the use or conversion of the guesthouse to a rental unit or, to a unit for sale, 7. If a private sewage disposal system is used, approval of the local health officer shall be required. 8. 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. (Ord. 12 144 of 206 480 § 1, 2010; Ord. 445 § 3, 2007; Ord. 394 § 2 (Exh. A) (part), 2003; Ord. 325 § 1 (Exh. A) (part), 1998; Ord. 284 § 1 (Exhs. A, B) (part), 1996) 9.60.270 Density bonuses for affordable housing. A. Purpose and Application. The purpose of this section is to (1) establish procedures for implementing state density bonus requirements, as set forth in California Government Code Section 65915, as amended, (2) increase the production of affordable housing, consistent with the city's goals, objectives, and policies and (3) implement the provisions of the city's general plan housing element policies and programs relating to the provision of affordable housing. When an applicant seeks a density bonus for a housing development, or for the donation of land for housing, within the city's jurisdiction, the city shall provide the applicant incentives or concessions for the production of housing units and child care facilities as prescribed in this Section 9.60.270. B. Definitions. The following definitions shall apply to this section: 1. "Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the California Health and Safety Code. 2. "Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low income households, lower income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this section. 3. "Affordable rent" means that level of rent defined in Section 50053 of the California Health and Safety Code. 4. "Applicant" means a developer or applicant for a density bonus pursuant to Government Code Section 65915, subdivision (b), of the California Government Code and subsection C of this section. 5. "Child care facility" means a child day care facility other than a family day care home, including, but not limited to, infant centers, preschools, extended day care facilities, and school -age child care centers. 6. "Common interest development" bears the same meaning as defined in Section 1351 of the California Civil Code. 7. "Density bonus" means a density increase over the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan as of the date of application by the applicant to the city. 8. "Development standard" means site or construction conditions that apply to a housing development pursuant to any ordinance, general plan element, specific plan, charter amendment, or other local condition, law, policy, resolution, or regulation. 13 145 of 206 9. "Housing development," means one or more groups of projects for residential units in the planned development of the city. "Housing development" also includes a subdivision or common interest development, as defined in Section 1351 of the California Civil Code, approved by the city and consisting of residential units or unimproved residential lots and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Government Code Section 65863.4, where the result of the rehabilitation would be a net increase in available residential units. 10. "Lower income households" bears the same meaning as defined in Section 50079.5 of the California Health and Safety Code. 11. "Maximum allowable residential density" means the density allowed under applicable zoning ordinances, or if a range of density is permitted, means the maximum allowable density for the specific zoning range applicable to the subject project. 12. "Moderate income" or "persons and families of moderate income" means those middle -income families as defined in Section 50093 of the California Health and Safety Code. 13. "Qualified mobilehome park" means a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the California Civil Code. 14. "Senior citizen housing development" means senior citizen housing as defined in Sections 51.3 and 51.12 of the California Civil Code. 15. "Specific adverse impact" means any adverse impact as defined in paragraph (2), subdivision (d), of Government Code Section 65589.5, upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate -income households. 16. "Very low income households" bears the same meaning as defined in Section 50105 of the Health and Safety Code. C. Qualifications for Density Bonus and Incentives and Concessions. 1 . The city shall grant one density bonus as specified in subsection G of this section, and incentives or concessions as described in subsection E, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following: a. Ten percent of the total units of the housing development as affordable housing units affordable to lower income households; or b. Five percent of the total units of the housing development as affordable housing units affordable to very low income households; or C. A senior citizen housing development; or 14 146 of 206 d. A qualified mobilehome park; or e. Ten percent of the total units of a common interest development as affordable housing units affordable to moderate income households, provided that all units in the development are offered to the public for purchase subject to the restrictions specified in this section. 2. As used in subsection (C►(1) of this section, the term "total units" does not include units permitted by a density bonus awarded pursuant to this section or any other local law granting a greater density bonus. 3. Election of Density Bonus Category. Each applicant who requests a density bonus pursuant to this section shall elect whether the bonus shall be awarded on the basis of subsection a, b, c, d or a of subsection (C►(1). Each housing development is entitled to only one density bonus, which may be selected based on the percentage of either very low affordable housing units, lower income affordable housing units or moderate income affordable housing units, or the development's status as a senior citizen housing development or qualified mobilehome park. Density bonuses from more than one category may not be combined. 4. Previous Density Bonuses. The density bonus provisions shall not apply to any parcel or project area which has previously been granted increased density through a general plan amendment, zone change or other permit to facilitate affordable housing. D. Continued Affordability. 1. Prior to the issuance of building permits for any dwelling unit, an applicant shall enter into a written agreement with the city to ensure and guarantee the continued affordability of all low -and very low income units that qualified the applicant for the award of the density bonus for a period of thirty years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents for affordable housing units for lower income households shall be set at an affordable rent. Owner -occupied affordable housing units shall be available at an affordable housing cost. a. The terms and conditions of the agreement shall run with the land, shall be binding upon all successors in interest of the applicant, and shall be recorded in the office of the Riverside County Recorder. b. The agreement shall also include the following provisions: i. The applicant shall grant the city the continuing right of refusal to purchase or lease any or all of the designated units at fair market value; ii. The deeds to the designated units shall contain a covenant stating that the applicant or the applicant's successor in interest shall not sell, rent, lease, sublet, assign, or otherwise transfer (whether voluntarily, involuntarily or by operation of law) any interest in such unit without written approval of the city, 15 147 of 206 confirming that the sales price or lease/rent amount of the unit is consistent with the limits established for low- and very -low income households as adjusted by the Consumer Price Index; and iii. The city shall also have the authority to enter into other agreements with the applicant or purchases or lessees of the dwelling units as may be necessary to assume that the designated dwelling units are continuously occupied by eligible households. 2. Prior to the issuance of building permits for any dwelling unit, an applicant shall agree to, and the city shall ensure, that the initial occupant of moderate -income units that are related to the receipt of the density bonus in a common interest development, are persons and families of moderate income and that the units are offered at an affordable housing cost. With respect to moderate -income units in a common interest development, the city shall require the applicant to enter and shall enforce an equity -sharing agreement, unless it is in conflict with the requirements of another public funding source or law. The following shall apply to the equity -sharing agreement: a. Upon resale, the seller of the moderate -income unit in a common interest development unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The city shall recapture any initial subsidy and its proportionate share of appreciation, which shall then be used within five twee years for any of the purposes that promote homeownership as described in subdivision (e) of Section 33334.2 of the California Health and Safety Code. b. For purposes of this subsection (D)(2), the city's initial subsidy shall be equal to the fair market value of the moderate -income unit in a common interest development at the time of initial sale minus the initial sale price to the moderate -income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. C. For purposes of this subsection (D)(2), the city's proportionate share of appreciation shall be equal to the ratio of the initial subsidy to the fair market value of the moderate -income unit in a common interest development at the time of initial sale. d. The applicant shall grant the city a right of first refusal to purchase any or all of the designated units at fair market value, which right of first refusal shall apply to subsequent sellers. E.Incentives and Concessions. 1. An applicant for a density bonus may also submit to the city a proposal for specific incentives or concessions in exchange for the provision of affordable housing units in accordance with this section. The applicant may also request a meeting with the city to discuss such 16 148 of 206 proposal. The city shall grant the concession or incentive requested by the applicant unless the city makes a written finding, based upon substantial evidence, of either of the following: a. The concession or incentive is not required in order to provide for affordable housing costs or for rents for the targeted units to be set as specified in subsection D of this section (i.e., the applicant is unable to demonstrate that the waiver or modification is necessary to make the housing units economically feasible); or b. The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5 of the Health and Safety Code, upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate -income households. C. The concession or incentive would be contrary to state or federal law. 2. If the conditions of subsection C and subsection 1 of this subsection E are met by an applicant, the city may grant an applicant applying for incentives or concessions the following number of incentives or concessions: a. One incentive or concession for housing developments that include: At least ten percent of the total units affordable to lower income households; or at least five percent of the total units affordable to very low income households; or at least ten percent of the total units affordable to persons and families of moderate income in a common interest development. b. Two incentives or concessions for housing developments that include: At least twenty percent of the total units affordable to lower income households; or at least ten percent of the total units affordable to very low income households; or at least twenty percent of the total units affordable to persons and families of moderate income in a common interest development. C. Three incentives or concessions for housing developments that include: At least thirty percent of the total units for lower income households; or at least fifteen percent for very low income households; or at least thirty percent for persons and families of moderate income in a common interest development. 3. For the purposes of this section, available concessions or incentives may include any of the following: a. A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California 17 149 of 206 Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. b. Approval of mixed use zoning in conjunction with the housing development if commercial, office, industrial, or other land uses will reduce the cost of the housing development and if the commercial, office, industrial, or other land uses are compatible with the housing project and the existing or planned development in the area where the proposed housing development will be located. C. Other regulatory incentives or concessions proposed by the applicant or the city that result in identifiable, financially sufficient, and actual cost reductions. d. For purposes of this section, the parking ratios set forth in Government Code Section 65915 (and subsection K of this section) for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant. 4. This subsection does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly -owned land, by the city or the waiver of fees or dedication requirements. Nor does any provision of this subsection require the city to grant an incentive or concession found to have a specific adverse impact. 5. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 6. The application and review process for a proposal of incentives and concessions is set forth in subsection L of this section. F. Waiver/Modification of Development Standards. 1. Applicants may, by application, seek a waiver, modification or reduction of development standards that will otherwise preclude or inhibit the use of density bonus units in a housing development at the densities or with the concessions or incentives permitted by this section. The applicant may also request a meeting with the city to discuss such request for waiver/modification. In order to obtain a waiver/modification of development standards, the applicant shall show that (a) the waiver or modification is necessary to make the housing units economically feasible, and (b) that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of subsection (C111), at the densities or with the concessions or incentives permitted by this section. 18 150 of 206 2. Nothing in this subsection shall be interpreted to require the city to waive, modify or reduce development standards if the wavier, modification or reduction would have a specific adverse impact. 3. The application and review process for a waiver/modification of development standards is set forth in subsection L of this section. 4. Waiver or Reduction of Development Standards a. In no case may the city apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subsection (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources, or to grant any waiver or reduction that would be contrary to state or federal law. b. A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection C. G. Specified Density Bonus Percentages. Only housing developments consisting of five or more dwelling units are eligible for the density bonus percentages provided by this subsection. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in subsection (C)(1). 1 . For housing developments meeting the criteria of subsection (C)(1)(a), the density bonus shall be calculated as follows: Percentage Low -Income Units Percentage Density Bonus 10 20 19 151 of 206 Percentage Low -Income Units Percentage Density Bonus 11 21.5 12 23 13 24.5 14 26 15 27.5 17 30.5 18 32 19 33.5 20 35 (maximum) 2. For housing developments meeting the criteria of subsection (C)(1)(b), the density bonus shall be calculated as follows: Percentage Very Low Income Units Percentage Density Bonus 5 20 6 22.5 7 25 8 27.5 9 30 10 32.5 11 35 (maximum) 3. For housing developments meeting the criteria of subsection (C)(1)(c) and (d), the density bonus shall be twenty percent. 4. For housing developments meeting the criteria of subsection (C)(1)(e), the density bonus shall be calculated as follows: Percentage Moderate Income Units Percentage Density Bonus 10 5 11 6 12 7 13 8 14 9 15 10 16 11 17 12 18 13 19 14 20 15 20 152 of 206 Percentage Moderate Income Units Percentage Density Bonus 21 16 22 17 23 18 24 19 25 20 26 21 27 22 28 23 29 24 30 25 31 26 32 27 33 28 34 29 35 30 36 31 37 32 38 33 39 34 40 35 (maximum) 5. An applicant may elect to accept a lesser percentage of density bonus than that to which the applicant is entitled under this section. All density bonus calculations resulting in a fractional number shall be rounded upwards to the next whole number. The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. 6. For the purpose of calculating a density bonus, the residential units do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located. 7. The application and review process for a density bonus as provided by this section is set forth in subsection L of this section. H. Land Donation. When a developer of a housing development donates land to the city as provided for in this subsection, the applicant shall be entitled to a fifteen percent increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development, as follows: 21 153 of 206 Percentage Very Low Income Units Percentage Density Bonus 10 15 11 16 12 17 13 18 14 19 15 20 16 21 17 22 18 23 19 24 20 25 21 26 22 27 23 28 24 29 25 30 26 31 27 32 28 33 29 34 30 35 (maximum) This increase shall be in addition to any increase in density mandated by subsection C, up to a maximum combined mandated density increase of thirty- five percent, if an applicant seeks both the increase required pursuant to this subsection and subsection C. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subsection shall be construed to enlarge or diminish the city's authority to require an applicant to donate land as a condition of development. 1 . An applicant shall be eligible for the increased density bonus described in this section if the city is able to make all the following findings: a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent of the number of residential units of the proposed development. C. The transferred land is at least one acre in size or of sufficient size to permit development of at least forty units, has the appropriate 22 154 of 206 general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer. d. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this section, which restriction will be recorded on the property at the time of dedication. e. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such city -approved developer. f. The transferred land shall be within the boundary of the proposed development or, if the city agrees in writing, within one - quarter mile of the boundary of the proposed development. g. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application. 2. The application and review process for a donation of land and related density bonus is set forth in subsection L of this section. Child Care Facilities. 1 . When an applicant proposes to construct a housing development that includes affordable units as specified in subsection C and includes a child care facility that will be located on the premises of, as part of, or adjacent to such housing development, the city shall grant either of the following if requested by the developer. a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility. b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child care facility. 2. A housing development shall be eligible for the density bonus or concession described in this subsection if the city, as a condition of approving the housing development, requires all of the following to occur: 23 155 of 206 a. The child care facility will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to subsection D. b. Of the children who attend the child care facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very low income households, lower income households, or moderate income households. C. Notwithstanding any requirement of this subsection, the city shall not be required to provide a density bonus or concession for a child care facility if it finds, based upon substantial evidence, that the community already has adequate child care facilities. 3. The application and review process for the provision of child care facilities and related density bonus or concessions or incentives is set forth in subsection L of this section. J. Condominium Conversions. Any developer converting condominiums of a Housing Development of five units or more who seeks a density bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act, Section 9.60.260 of this code and consistent with Government Code Section 65915.5. Any appeal of any concession or incentive or review by the planning commission or city council shall automatically require an appeal of the underlying map to that body. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Government Code Section 65915. K.By-Right Parking Incentives. Housing developments meeting any of the criteria of subsection (C)(1), shall be granted the following maximum parking ratios, inclusive of handicapped and guest parking, which shall apply to the entire development, not just the restricted affordable units, when requested by a developer: 1 . Zero to one bedroom dwelling unit: one onsite parking space; 2. Two to three bedrooms dwelling unit: two onsite parking spaces; 3. Four or more bedrooms: two and one-half parking spaces. If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number. For purposes of this subsection, a development may provide "onsite parking" through tandem parking or uncovered parking, but not through on -street parking. L. Application and Review Procedures. 1. A written application for a density bonus, incentive, concession, waiver, or modification pursuant to this section shall be submitted with the first application that is submitted for approval of a housing development 24 156 of 206 and processed concurrently with all other applications required for the housing development. Notwithstanding any other requirements, affordable housing projects processed under this section shall require approval of a conditional use permit, subject to the requirements of Government Code Section 65589.5(d). The application shall be submitted on a form prescribed by the city and shall include at least the following information: a. Site plan showing total number of units, number and location of affordable housing units, and number and location of proposed density bonus units. b. Level of affordability of affordable housing units and proposals for ensuring affordability. C. A specific description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards. The application shall include evidence that the requested incentives and concessions are required for the provision of affordable housing costs and/or affordable rents, as well as evidence relating to any other factual findings required under subsection E. d. If a density bonus or concession is requested in connection with a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in subsection H can be made. e. If a density bonus or concession/incentive is requested for a childcare facility, the application shall show the location and square footage of the child care facilities and provide evidence that each of the findings included subsection I can be made. 2. An application for a density bonus, incentive or concession pursuant to this section shall be considered by and acted upon by the approval body with authority to approve the housing development and subject to the same administrative appeal procedure, if any. In accordance with state law, neither the granting of a concession, incentive, waiver, or modification nor the granting of a density bonus shall be interpreted, in and of itself, to require a general plan amendment, zoning change, variance, or other discretionary approval. 3. For housing developments requesting a waiver, modification or reduction of a development standard, an application pursuant to this subdivision shall be heard by the planning commission. A public hearing shall be held by the planning commission and the commission shall issue a determination. Pursuant to Government Code Section 65915, the planning commission shall approve the requested waiver/modification or reduction of development standards, unless one of the following conditions applies: a. The waiver/modification is not required to make the proposed affordable housing units feasible; or b. The waiver/modification will have a specific adverse impact. 25 157 of 206 The decision of the planning commission may be appealed to the city council in the manner provided in Section 9.200.120 of the La Quinta Municipal Code. 4. Notice of any city determination pursuant to this section shall be provided to the same extent as required for the underlying development approval. (Ord. 451 § 1, 2008: Ord. 284 § 1 (Exh. A) (part), 1996) 9.60.350 Reasonable Accommodation A. Purpose and intent. 1. To establish a procedure for requesting reasonable accommodation for persons with disabilities in the application of land use, zoning and building policies and practices. 2. To fully comply with the intent and purpose of the federal Fair Housing Act and California Employment and Housing Act. 3. The City encourages the development community to coordinate with property owners to incorporate interior residential design modifications for people requiring special adaptations, when requested by the property owner. Such modifications may include wider interior doorways, zero - entry showers, and lowered kitchen countertops that enhance accessibility. B. Applicability. This section applies to persons with disabilities, their representatives, and developers of housing for individuals with disabilities who seek equal access to housing under fair housing laws and flexibility in the application of relevant regulations, policies, practices, and procedures. C. Definitions. "Reasonable accommodation" means the process of providing flexibility in the application of land use, zoning, and building regulations, practices, and procedures to eliminate barriers to housing opportunities for persons with rlieahilitiac "Person with a disabilitv" is a Derson with a Dhvsical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of such an impairment. D. Submittal Procedure. Any person with a disability, his/her representative, or developer of housing for individuals with disabilities may request reasonable accommodation as it pertains to land use, zoning, and building regulations according to the following parameters: 1. A written request shall be submitted to the Community Development Director and shall contain the following information. a. Applicant's name, address, and telephone number; b. Address of the property for which the request is being made; c. Property owner(s) name and address; d. Current use of the property; 26 158 of 206 e. Description of requested accommodation and why it is deemed necessary; f. Policv or reaulation for which reasonable accommodation is beina sought. 2. The City shall provide assistance, if necessary, to ensure that the reasonable accommodation process is accessible. 3. Information identified as confidential by the applicant shall be safeguarded and shall not be made available to the public. 4. If the project for which the reasonable accommodation request is being made requires other discretionary approvals (such as design review, conditional use permit, zone change, etc.), the applicant shall file the written reasonable accommodation request in conjunction with the application for discretionary approval. E. Review Procedure. 1. If no approvals are being sought other than the request for reasonable accommodation, the request shall be reviewed by the Community Development Director or his/her designee, and he/she shall make a written determination within 45 days of the original request date„ in accordance with Section 9.60.350(G). 2. If the request for reasonable accommodation is submitted concurrently with other discretionary land use applications, it shall be reviewed by the authority reviewing the discretionary application, and the authority shall make a written determination within 30 days of the original request date, in accordance with Section 9.60.350(G). 3. The reviewing authority may request additional information from the applicant, consistent with fair housing laws, if deemed necessary. In this event, the 30-day review and decision period is stayed until the applicant responds to the request. F. Findings and Determination Procedure. 1. The authority's written decision shall grant, grant with modifications, or deny the request for reasonable accommodation, consistent with fair housing laws. 2. The findings shall be based on the following considerations: a. Whether the subject property will be used by an individual with disabilities protected under fair housing laws; b. Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under fair housing laws; c. Whether the requested accommodation would impose undue financial or administrative burdens on the City; d. Whether the request for accommodation would require a fundamental alteration in the nature of a City program or law; e. Potential impacts on surroundinq land uses; 27 159 of 206 f. Alternative reasonable accommodations that may provide an equivalent level of benefit; 3. The reviewing authority may impose Conditions of Approval deemed reasonable and necessary. 4. The reviewing authority's written determination shall give notice of the applicant's right to appeal. 5. If the reviewing authority fails to render a written decision within the 30- day time period allotted in Section 9.60.350(F), the request shall be deemed granted. 6. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the subject property shall remain in effect- G. Appeals Process. 1. The applicant may appeal an adverse decision in writina to the Plannin Commission within thirty (30) days of the date of the reviewing authority's written decision. 2. If necessary, the City shall provide assistance in filing an appeal to ensure that the appeals process is accessible. 9.60.360 Emergency Shelters. A. Purpose. 1 . To ensure the Zoning Code facilitates emergency shelters under the Housing Accountability Act (California Government Code Section 65589.5) and in accordance with the requirements set forth in California Government Code Section 65583, as amended. 2. To provide zoning, development, and management procedures for emergency shelters. 3. To implement the City's General Plan Housing Element policies and programs relatinq to the provision of emergency shelters. B. Definitions. "Emergency Shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inabilitv to Day. C. Development Standards. 1. The maximum capacity of an emergency shelter shall be 20 beds or persons. 2. On site management and security shall be provided on a 24 hour/7 day per week basis. 28 160 of 206 3. Residency in an emergency shelter shall be limited to six months or less per individual. Chapter 9.70 NONRESIDENTIAL DISTRICTS 9.70.090 MC major community facilities district. A. Purpose and Intent. To provide for major community facilities such as government offices, fire and police stations, post offices, public schools, libraries, community centers, corporate yards and similar uses at locations identified on the general plan. Emergency shelters are also permitted. B. Permitted Uses. Chapter 9.80 lists permitted land uses. C. Development Standards. Chapter 9.90 contains development standards and illustrations. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.100.220 Operational standards. All uses and developed properties within any nonresidential district shall comply with the following standards for development, operation and maintenance. A. Equipment. All ground -mounted mechanical equipment, including heating and air conditioning units and trash receptacle areas, shall be completely screened from surrounding properties. Such screening shall consist of perimeter walls or fencing (if permitted), screen walls, or dense landscaping. B. Utilities. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed except where required by utility provider. C. Electrical Disturbance, Heat and Cold, Glare. No use except a temporary construction operation shall be permitted which creates changes in temperature or direct glare, detectable by the human senses without the aid of instruments, beyond the boundaries of the site. No use shall be permitted which creates electrical disturbances that affect the operation of any equipment beyond the boundaries of the lot. D. Fire and Explosive Hazard. All storage of and activities involving inflammable and explosive materials shall be provided with adequate safety and firefighting devices to the specifications of the Uniform Fire Code. All incineration is prohibited. Smoke detectors shall be installed in all new construction as required by city code. E. Radioactivity. In all nonresidential districts, the use of radioactive materials shall be limited to measuring, gauging and calibration devices, and medical X- ray diagnostic equipment. F. Vibration. No use except a temporary construction operation shall be permitted which generates inherent and recurrent ground vibration perceptible, without instruments, at the boundary of the lot on which the use is located. 29 161 of 206 G. Energy Conservation. Buildings shall be located on the site to provide adjacent buildings adequate sunlight for solar access. Buildings should be designed to minimize energy consumption and should implement the energy efficiency measures provided in the City's Greenhouse Gas Reduction Plan. H. Toxic Materials. No land or building shall be used or occupied in any manner which creates an unhealthful, dangerous, noxious or otherwise objectionable condition due to the use, storage or proximity to toxic materials. I. Liquid or Solid Waste. No discharge of liquid or solid wastes, at any point into public sewer, private sewage system, stream, storm drain or into the ground shall be permitted, except in accordance with the standards approved by the State Department of Health and/or specified by the sewage utility provider. No materials or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces, such as wind or rain. Any wastes which could be attractive to rodents or insects shall be stored outdoors only in closed containers. (Ord. 284 § 1 (Exh. A) (part), 1996) Chapter 9.110 SPECIAL PURPOSE DISTRICTS 9.110.010 Summary of district regulations. A. Purpose. This chapter contains the purpose and intent of each special purpose district together with a summary of the zoning regulations applicable to each. B. Permitted Uses. Chapter 9.120 specifies the land uses allowed in each nonresidential district. C. Development Standards. Development standards (such as setbacks and building heights) for special purpose districts are summarized in this Chapter 9.110 and in Chapter 9.130. D. Supplemental Regulations. 1. Special Purpose Supplemental Regulations. Chapter 9.140 contains supplemental regulations for each special purpose district, such as hillside conservation regulations, flood hazard reduction requirements and restrictions on sexually oriented businesses. 2. General Supplemental Regulations. General supplemental regulations pertaining to special purpose districts shall be the same as those for nonresidential districts as set forth in Chapter 9.60. Parking shall conform to Chapter 9.150 and signs to Chapter 9.160. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.020 Types of special purpose districts. 30 162 of 206 A. Base Districts. The PR, GC, OS and FP districts are base districts designed to provide for park and recreation, golf course and open space land uses respectively. B.Overlay Districts. The HC, SOB, e-d EOD and AHO districts are overlay districts, i.e., districts to be used only in combination with a base district (such as the OS open space or CR regional commercial districts) in order to regulate certain special aspects of land use in the interests of public safety and protection of surrounding properties. In cases where there is a conflict between the regulations of an overlay district and its underlying base district, the overlay district regulations shall control. C. Overlay Zoning Designations. When an overlay district is used, the zoning designation shall consist of the base district symbol followed by the applicable overlay district symbol enclosed in parentheses. For example: CR (EOD). D. SOB Overlay District. The SOB sexually oriented business overlay district shall be used only in combination with the CR regional commercial base district. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.110.100 AHO Affordable Housing Overlay district. A. Purpose and Intent. 1. To permit the development of affordable housing at higher densities within commercial zones and other specified residential sites while maintaining consistency with underlying base land use designations. 2. To provide increased and enhanced housing opportunities for low and very low income residents. 3. To accommodate the City's regional housing need. 4. To encourage lot consolidation and maximize the housing potential of vacant and underutilized sites. 5. To provide mixed use nodes that facilitate reduced vehicle miles and proximity to services and mass transit, consistent with the City's Greenhouse Gas Reduction Plan and Transportation Demand Management principles. B. Development Standards. Section 9.140.090 C. District Boundaries. The boundaries of the AHO overlay district shall include the CC, CP, CN, CR, and VC districts, and other sites identified on the official zoning map. Chapter 9.120 SPECIAL PURPOSE PERMITTED USES 9.120.010 Development permits required. 31 163 of 206 Table 9-8 of this chapter specifies whether a use or structure is permitted within a zoning district. However, in most cases development to establish a land use requires approval of a site development permit and/or other permits as set forth in Chapter 9.210. (Ord. 284 § 1 (Exh. A) (part), 1996) 9.120.020 Table of permitted uses. Table 9-8, Permitted Uses in Special Purpose Districts, following, specifies those uses and structures which are permitted within each special purpose district. The letters in the columns beneath the district designations mean the following: 1. "P": Permitted as a principal use within the district. 2. "A": Permitted only if accessory to the principal use on the site. 3. "C": Permitted as a principal or accessory use if a conditional use permit is approved. 4. "T": Permitted on a temporary basis if a temporary use permit is approved. 5. "X": Prohibited in the district. Table 9-8 Permitted Uses in Special Purpose Districts P = Permitted use A = Accessory use C = Conditional use permit District T = Temporary use permit X = Prohibited use Parks Golf Open Flood- Hillside Sexually Equestrian Afford -able Housing and Course Space plain Conserv- Oriented Overlay Overlay Recreatio ation Business n Overlay Overlay Land Use PR GC OS FP HC* SOB* EOD* AHO* Open Space and Recreational Uses Open space P P P P P P ** (1) Public parks, lakes and passive P X P P P X ** (1) recreation facilities Playfields, lighted P X X X X X ** (1) or unlighted Bicycle, equestrian P X P P P P ** (1) and hiking trails Libraries and C X X X C X ** (1) museums Visitor centers C X C C C X ** I (1) Clubhouses and community P A X X X X ** (1) pools/cabanas Tennis courts or P A X X X X ** (1 ) 32 164 of 206 Table 9-8 Permitted Uses in Special Purpose Districts P = Permitted use A = Accessory use C = Conditional use permit District T = Temporary use permit X = Prohibited use Parks Golf Open Flood- Hillside Sexually Equestrian Afford -able Housing and Course Space plain Conserv- Oriented Overlay Overlay Recreatio ation Business n Overlay Overlay complexes, public Tennis clubs or C A X X X X ** (1) complexes, private Golf courses and country clubs, including C P X X X X ** 111 clubhouses and other customary accessory uses Golf courses without above- ground structures, C P X P C X ** 11 1 including fairways, greens, tees and golf -cart paths Accessory Uses and Structures Signs, subject to A A A A A A ** 11 } Chapter 9.160 Fences and walls, subject to Section A A A A A A ** 11) 9.100.030 Satellite dish and other antennas, A A A A A A ** 111 subject to Section 9.100.070 Temporary Uses Temporary outdoor events, subject to T T T T T T ** (1) Section 9.100.040 Other Uses Single-family X X C X C' X ** (1 } residential Multifamily residential, commercial (except sexually oriented X X X X X X ** 11) businesses), office or industrial development 33 165 of 206 Table 9-8 Permitted Uses in Special Purpose Districts P = Permitted use A = Accessory use C = Conditional use permit District T = Temporary use permit X = Prohibited use Parks Golf Open Flood- Hillside Sexually Equestrian Afford -able Housing and Course Space plain Conserv- Oriented Overlay Overlay Recreatio ation Business in Overlay Overlay Sexually oriented businesses, subject X X X X X C ** 111 to Section 9.140.050 Communication towers and equipment C C C C C' C ** 111 (freestanding, new towers) subject to Chapter 9.170 Communication towers and equipment (co - location, mounted M M M M M M ** 11 to existing facility) subject to Chapter 9.170 Electrical X X M X M' X ** 11) substations Water wells and P P P P M' X ** (11 pumping stations Water tanks and X M M X M' X * * (1) reservoirs Public flood control facilities and P P P P P P ** (1) devices Other principal, Director or planning commission to determine whether use is permitted in accordance accessory or with Section 9.20.040. temporary uses not listed above * Uses are subject to the additional requirements of the overlay district as set forth in Chapter 9.140. * * As permitted in the underlying base district and in Section 9.140.060. (1) As permitted in the underlying base district and in Section 9.140.090. ' Allowed only if permitted in the underlying base district and only if the additional requirements of the HC overlay district are met (per Section 9.140.040) and a conditional use permit is approved. 34 166 of 206 (Ord. 492 § 1, 201 1; Ord. 299 § 1, 1997; Ord. 284 § 1 (Exh. A), 1996) Chapter 9.130 SPECIAL PURPOSE DEVELOPMENT STANDARDS 9.130.010 Table of development standards. Table 9-9, following, contains standards for development of property within special purpose districts: Table 9-9 Special Purpose District Development Standards Development Standard District PR GC OS FP HC SOB EOD AHO Minimum building site n/a n/a n/a Maximum structure height (ft.)' 28 28 28 * * * * * * * * 405 Maximum number of stories 2 2 2 * * * * * * 45 From 50/5 50/5 50/5 50/5 50/5 Highway 1 1 1 50/50 50/50 0 0 0 0 0 right-of-way From perimeter 30 30 30 street ROWs From all primary image corridor rights -of -way 30/2 30/2 30/2 30/2 30/2 (except Hwy 30/20 30/20 Minimum 0 0 0 0 0 1 1 1) and perimeter from all major building/landscape setbacks (ft.)', 4 and primary arterials From abutting residential 30 30 30 property or districts From abutting commercial and other 20 20 20 ** *** *** nonresidential property or districts Minimum setback from interior property lines within the same 0 0 0 * project 4 Parking and signs See Chapter 9.150 and 9.160 Fences and walls See Section 9.100.030 35 167 of 206 Landscaping and screening I See Sections 9.100.040 and 9.100.050 * As required for needed flood control structures. * * As provided in the HC supplemental regulations, Section 9.140.040. * * * As provided in the underlying base district regulations, subject to the additional requirements of the overlay district: SOB, Section 9.140.050; EOD, Section 9.140.060; AHO, Section 9.14.090. ' Not including basements. Also, notwithstanding above table, the maximum structure height equals 22 feet for all buildings within 150 feet of any General Plan primary image corridor and major or primary arterials. 2 Landscape setback shall consist of landscaped area within the building setback. Number given is minimum landscaped setback from the street right-of-way. The remaining building setback may contain parking, driveways and similar facilities. In addition to above landscape setbacks, interior landscaping shall be required as a percentage of the net project area as follows: parking areas: minimum 5 percent; non -parking areas: minimum 5 percent. 3 The following are applicable primary image corridors as identified in the general plan: Washington Street, Jefferson Street, Fred Waring Drive, Calle Tampico, Eisenhower Drive (from Tampico to Washington Street). a In the AHO, for interior yards, 5 ft. minimum plus 1 ft. additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 ft. when said height above 17 ft. is located between 5 and 10 ft. from said side yard property line. If the building is over 28 feet in height, the setback is 10 ft. plus 1 ft. for every foot over 28 ft. in height or fraction thereof, to a maximum setback of 15 ft. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 5 Except within 250 feet of any property zoned Very Low Density Residential or Low Density Residential in which case the maximum height allowance is 32 feet and the maximum number of stories is three (3). (Ord. 445 § 4, 2007: Ord. 284 § 1 (Exh. A), 1996) Chapter 9.140 SUPPLEMENTAL SPECIAL PURPOSE REGULATIONS 9.140.090 AHO Affordable Housing Overlay regulations. A. Applicability. 1 . The AHO overlay district and the provisions of this section apply to all areas of the city containing the "AHO" overlay designation on the official zoning map. These include the CC, CP, NC, RC, and VC commercial zones, and other sites, as designated on the zoning map. These regulations shall apply in addition to the regulations of the underlying base district. In case of conflict between the base district and the AHO regulations, the AHO regulations shall control. B. Definitions. 1. "Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low income households, low income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this section. C. Permitted Uses. 1 . Anv use Dermitted, either exDressly or by conditional use Dermit. in the underlvin zone; 36 168 of 206 2. Affordable housing residential units on lots 1 acre or greater in size, including those that are stand-alone, next to, and/or above non-residential uses. D. Development Standards, All residential uses. DEVELOPMENT STANDARDS AFFORDABLE HOUSING OVERLAY DISTRICT — Residential Uses in Commercial Zones Minimum lot size 1 acre Minimum lot frontage 100 ft. Maximum structure height 40 ft.5 Maximum number of stories 45 Minimum front yard setback (non -garage portion of dwelling) 20 ft.'•2 Minimum interior/exterior side yard setbacks 10/1 5 ft.2 Minimum rear yard setback 20 ft. Minimum buffer between residential units and Hwy. 1 1 1 corridor 300 ft.3 Maximum lot coverage 60% Minimum livable floor area excluding garage 600 s . ft. Minimum landscape setbacks adjacent to perimeter streets4 10 ft. minimum at any point, 20 ft. minimum average over entire fronta e Minimum common open area 30% Projects with 5 or more adjacent dwelling units facing the same street shall incorporate front setbacks varying between 20 and 25 feet or more in order to avoid streetsca a monotony. 2 For interior yards, 5 ft. minimum plus 1 ft. additional setback for every foot of building height above 28 feet, or fraction thereof, up to a maximum setback of 15 ft. when said height above 17 ft. is located between 5 and 10 ft. from said side yard property line. If the building is over 28 feet in height, the setback is 10 ft. plus 1 ft. for every foot over 28 ft. in height or fraction thereof, to a maximum setback of 15 ft. The additional setback may be provided entirely at grade level or may be a combination of at grade and airspace above the 28-foot building height. 3 May be less where residential units are located within mixed use development. 4 Per the landscaping and open sace standards of Section 9.60.240. 5 Except within 250 feet of any propertyzoned Very Low Density Residential or Low Density Residential in which case the maximum height allowance is 32 feet and the maximum number of stories is three (3). 9.280.030 Definition of terms. "Abandoned" means a structure or use, the development or operation of which has been ceased or suspended. "Abutting" or "adjacent" means two or more parcels sharing a common boundary at one or more points. "Access/egress" means provision for entering a site from a roadway and exiting a site onto a roadway via motorized vehicle. "Accessory building or structure" means a building or structure, the use of which is subordinate and incidental to the main building or use on the same building site. "Accessory use" means a land use subordinate and incidental to the principal use on the same building site. 37 169 of 206 "Actual construction" means the actual placing of construction materials in their permanent position fastened in a permanent manner except that where a basement is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved. "Administrative office" means a place of business for the rendering of service or general administration, but not including retail sales. Adult Business, Adult Entertainment Business or Adult Oriented Business. See "sexually oriented business," Chapter 5.80 of the municipal code. Advertising Device or Display. See sign definitions, Section 9.160.120. "Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low income households, lower income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and this section. "Alley" means a secondary means of access to abutting property located at the rear or side of the property. "Alteration" means any physical change in the internal or external composition of a building or other structure. Animal Hospital or Animal Clinic. See "veterinary clinic." "Antenna" means a device for transmitting or receiving radio, television, satellite, microwave or any other transmitted signal. "Apartment" means a dwelling unit within an apartment building designed and used for occupancy by one family on a rental basis. "Apartment building or apartment project" means a building or group of buildings in a single ownership with three or more dwelling units per building and with most or all units occupied on a rental basis. Area, Project Net. See "project net area." "Attached structures" means two or more structures which are physically connected with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any other structure, fixture or device that exceeds thirty inches in height above the finished grade. Attached Dwelling or Attached Residential. See "dwelling, attached." "Automobile repair specialty shop" means a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses. Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition. "Automobile service station" means a retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day-to-day operation of motor vehicles. "Automobile wrecking" or "automobile dismantling" means the storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts. "Awning" means a roof -like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements. 38 170 of 206 "Basement" means a habitable building level which is partly or completely underground. A basement shall be counted as a building story if more than five feet of the height of any portion is above adjoining finish grade. "Bed and breakfast" or "B & B" means an establishment primarily engaged in providing temporary lodging (i.e., less than thirty days) for the general public with access provided through a common entrance to guest rooms having no cooking facilities. Meals may or may not be provided. "Bedroom" means any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. "Berm" means a mound or embankment of earth. Billboard. See sign definitions, Section 9.160.120. "Boardinghouse" means any building or portion thereof with access provided through a common entrance to guest rooms having no cooking facilities. Guest rooms are rented on a monthly basis or longer and meals are provided. "Buildable area" means the portion of a building site remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area. "Building" means an enclosed structure having a roof supported by columns or walls. "Building height" means the height of a building relative to the surrounding ground area. Measurement of maximum building height is defined in Sections 9.50.050 and 9.90.010. Building, Main. "Main building" means the building containing the main or principal use of the premises. Building, Relocatable. "Relocatable building" means a building which is not placed on a permanent foundation and is designed to be movable from one location to another without the need for a special permit such as that required to move a conventional house. Relocatable buildings include but are not limited to mobilehomes, construction trailers, and modular buildings. "Building site" means a parcel or contiguous parcels of land established in compliance with the development standards for the applicable zoning district and the city's subdivision code. "Building site area" means the horizontal area within a building site expressed in square feet, acres or other area measurement. Building Site Coverage. See "lot coverage." Building Site, Panhandle or Flag. See "lot" definitions. Building Site, Through. "Through building site" means a building site having frontage on two parallel or approximately parallel streets. See "through lot." Business Park. See "industrial park." "CEQA" means the California Environmental Quality Act. "Caretaker" means a person who lives on the premises for the purposes of managing, operating, maintaining or guarding the principal use or uses permitted on the premises. "Carport" means a roofed structure or a portion of a building which is open on two or more sides for the parking of automobiles belonging to the occupants of the property. "Cellar" means a nonhabitable building level which: (1) has more than one-half of its height below the adjoining finish grade at all points; and (2) has a floor area no more than one-half that of the floor immediately above. A cellar is not counted as a building story. 39 171 of 206 "Certificate of occupancy" or "certificate of use and occupancy" means a permit issued by the city prior to occupancy of a structure or the establishment of a land use to assure that the structure or parcel is ready for occupancy or use and that all ordinance requirements and project conditions of approval are fulfilled. "Child day care center" or "preschool" means a child day care facility operated by a person, corporation or association used primarily for the provision of daytime care, training or education of children at any location other than their normal place of residence. The maximum number of children accommodated is determined by state licensing provisions and city use permit conditions. "Child day care facility" means, consistent with Section 1596.750 of the State Health and Safety Code, a facility which provides nonmedical care to children under eighteen years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty -four-hour basis. Child day care facility includes both child day care centers and child day care homes. "Child day care home" or "family day care home" means, consistent with Section 1596.78 of the State Health and Safety Code: 1 . "Family day care home" means a home that regularly provides care, protection, and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. 2. "Large family day care home" means a home that provides family day care for seven to fourteen children, inclusive, including children under the age of ten years who reside at the home. 3. "Small family day care home" means a home that provides family day care for eight or fewer children, including children under the age of ten years who reside at the home. "City" means the city of La Quinta. "City council" means the city council of the city of La Quinta. "Cleaning plant or laundry plant" means a central processing facility for dry cleaning or laundering of clothing and fabrics collected from and returned to patrons and dry cleaning and laundry agencies. Clinic, Medical. "Medical clinic" means an organization of medical doctors providing physical or mental health service and medical or surgical care of the sick or injured, but not including inpatient or overnight care. "Club" means an association of persons for some common purpose, but not including organizations which provide goods or services and which are customarily carried on as businesses. "Code" means this zoning code unless another code, ordinance or law is specified. "Commercial" means operated or conducted on a frequent basis for the purpose of financial gain. Commercial Center. See "shopping center." "Commercial recreation" means any use or activity where the primary intent is to provide amusement, pleasure or sport but which is operated for financial gain. It includes establishments where food and beverages are sold as a secondary or ancillary use, but does not include restaurants, nightclubs and cocktail lounges. "Commercial vehicle" means a vehicle customarily used as part of a business for the transportation of goods or people. 40 172 of 206 "Commission" means the planning commission of the city unless another commission is indicated. Community Care Facility. See "residential care facility." "Community apartment project" means a project in which an undivided interest in the land is coupled with the right of exclusive occupancy of any apartment located thereon. Conditional Use Permit. See "use permit." "Condominium" means, consistent with Section 1351 of the State Civil Code, an undivided interest in common in a portion of real property coupled with a separate interest in space in a residential, industrial or commercial building on such real property, such as an office or store or multifamily dwelling. A condominium may include, in addition, a separate interest in other portions of such real property. "Congregate care facility" means a facility providing care on a monthly basis or longer and which is the primary residence of the people it serves. It provides services to the residents such as the following: dining, housekeeping, security, medical, transportation and recreation. Any commercial services provided are for the exclusive use of the occupants of the facility. Such a facility may be located in more than one building and on contiguous parcels within the building site. "Congregate living facility" means a single family residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer developmentally disabled persons or six or fewer persons undergoing treatment for alcohol or drug abuse and which is permitted in single family residences by operation of state law. (See also "residential care facility.") "Convalescent home" or "convalescent hospital" means a facility licensed by the State Department of Health Services which provides bed and ambulatory care for more than six patients with postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves, including persons undergoing psychiatric care and treatment both as inpatients and outpatients, but not including persons with contagious diseases or afflictions. A convalescent home may also be known as a nursing home, convalescent hospital, rest home or home for the aged. "Conversion project" means an apartment house or multiple or group dwelling which is existing, under construction or for which building permits have been issued, and which is proposed for conversion to a residential condominium, community apartment, residential stock cooperative or planned development. Corner Lot. See definitions under "lot." "County" means the county of Riverside unless another county is indicated. Day Care Center. See "child day care center." "Decision -making authority" or "decision -making body" means a person or group of persons charged with making decisions on proposals, applications, or other items brought before the city. "Density" means the number of dwelling units per gross acre, unless another area measurement is specified. "Detached building or structure" means a building or other structure that does not have a wall or roof in common with any other building or structure. "Development" means, on land or in or under water: the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid or thermal waste; grading, removing, dredging, mining or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, 41 173 of 206 subdivision pursuant to the Subdivision Map Act, and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes. "Director" or "planning director" means the planning director of the city or the director's authorized agent or representative. District. See "zoning district." District, Nonresidential. See "nonresidential district." District, Residential. See "residential district." District, Special Purpose. See "special purpose district." "Drive-in" or "drive -through" means designed or operated so as to enable persons to receive a service or purchase or consume goods while remaining within a motor vehicle. "Driveway" means a vehicular passageway providing access from a public or private street to a structure or parking area or, in the case of residences, to a garage, carport, or legal parking space. A driveway is not a street. "Driveway approach" means a designated area between the curb or traveled way of a street and the street right-of-way line that provides vehicular access to abutting properties. When vehicular access to a building site is provided by way of a common driveway, the driveway approach is the line of intersection where the individual driveway abuts the common driveway. "Duplex" means a permanent building containing two dwelling units on a single lot. "Dwelling" means a building or portion thereof designed and used for residential occupancy, but not including hotels or motels. Dwelling, Attached. "Attached dwelling" means a main dwelling unit attached to one or more other main dwelling units by means of a roof or interior wall. Dwelling, Main or Primary Residence. "Main dwelling or primary residence" means the dwelling unit permitted as the principal use of a parcel or building site, either by itself or with other dwelling units (as in multifamily buildings). Dwelling, Multifamily. "Multifamily dwelling" means a building containing three or more dwelling units on a single parcel or building site. Dwelling, Single -Family. "Single-family dwelling" means one main dwelling unit on a single parcel or building site. Dwelling, Single -Family Attached. "Single-family attached dwelling" means a main dwelling unit attached to one other main dwelling unit by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. Dwelling, Single -Family Detached. "Single-family detached dwelling" means a main dwelling unit not attached to any other main dwelling unit. Dwelling, Patio Home. "Patio home dwelling" means a single-family detached dwelling shifted to one side of the lot, i.e., placed on the lot so that one side setback is zero or nearly zero and the other side setback is larger than if both side setbacks were approximately equal. Dwelling, Townhome. "Townhome dwelling" means a main dwelling unit attached typically to two or more other main dwelling units by means of a roof and/or interior wall, with each dwelling unit occupying its own lot. 42 174 of 206 "Dwelling unit" means one or more rooms, including a bathroom and kitchen, designed and used for occupancy by one family for living and sleeping purposes. Dwelling Unit, Second. See "second residential unit." "Easement" means a recorded right or interest in the land of another which entitles the holder thereof to some use, privilege or benefit in, on, over or under such land. "Educational institution" means a private or public elementary or secondary school, college or university qualified to give general academic instruction equivalent to the standards prescribed by the state board of education. "Elevation" means the vertical distance above sea level. "Emergency Shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay. "Employee's quarters" means quarters, which may include full bathroom and/or kitchen or cooking facilities -TthOUt 6001(iRg facilities, for the housing of domestic employees and located upon the same building site occupied by their employer. "Enclosed" means roofed and contained on all sides by walls which are pierced only by windows, vents or customary entrances and exits. "Exception" means a city -approved deviation from a development standard based on the following types of findings by the decision -making authority: 1. A general finding such as that notwithstanding the exception, the resulting project will still be consistent with the goals and/or policies underlying the development standard; and 2. One or more specific findings justifying the particular exception requested. "Family" means one or more persons occupying one dwelling unit. The word "family" includes the occupants of congregate living and residential care facilities, as defined herein, serving six or fewer persons which are permitted or licensed by the state. The word "family" does not include occupants of a fraternity, sorority, boardinghouse, lodginghouse, club or motel. Family Day Care Home. See "child day care home." Flag. See sign definitions, Section 9.160.120. Flag Lot or Panhandle Lot. See definitions under "lot." "Flood" means a general and temporary condition of partial or complete inundation of land areas from the overflow of inland and tidal waters, the rapid accumulation of runoff of surface waters from any source, or mudslides (i.e., mudflows) which are proximately caused or precipitated by accumulations of water on or under the ground. "Flood insurance rate map (FIRM)" or "flood boundary and floodway map" mean the official maps provided by the Federal Emergency Management Agency (FEMA) which delineate the areas of special flood hazard, the risk premium zones and the floodways applicable to the city. "Floodplain" means the land area adjacent to a watercourse and other land areas susceptible to being inundated by water. "Floodproofing" means any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. "Floodway" means the channel of a river or other watercourse and that part of the floodplain reasonably required to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 43 175 of 206 Floor Area, Gross. See "gross floor area." Floor Area, Livable. See "livable floor area." "Floor area ratio" means the numerical value obtained by dividing the gross floor area of all buildings, except parking structures, located on a building site by the building site area. "Fraternity house" or "sorority house" means a building or portion of a building occupied by a chapter of a regularly organized college fraternity or sorority officially recognized by an educational institution. Freestanding Sign. See sign definitions, Section 9.160.120. Front Lot Line. See definitions under "lot line." Gas Station or Service Station. See "automobile service station." "Garage" means a building or portion of a building used primarily for the parking of motor vehicles. "General plan" means the general plan of the city of La Quinta. "Government code" means the California Government Code. Grade, Average. "Average grade" means the elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land. Grade, Average Finish. "Average finish grade" means the elevation determined by averaging the highest and lowest elevations of a parcel, building site or other defined area of land after final grading. Grade, Finish. "Finish grade" means the ground elevation at any point after final grading. "Grading" means the filling, excavation or other movement of earth for any purpose. "Granny flat or granny housing" means a secondary dwelling unit which is: (1) intended for the sole occupancy of one or two adult persons sixty-two years of age or over, and (2) located on a building site containing an existing single family detached dwelling. The floor area of an attached granny flat does not exceed thirty percent of the existing floor area of the primary single family residence and the floor area of a detached granny flat does not exceed one thousand two hundred square feet. (See also "second residential unit.") "Grazing" means the act of pasturing livestock on growing grass or other growing herbage or on dead grass or other dead herbage existing in the place where grown as the principal sustenance of the livestock so grazed. "Gross acreage" means the land area, expressed in acres, within a parcel or group of contiguous parcels minus any right-of-way for arterial highways not including collector streets. Each acre so determined is a gross acre. Gross Density. See "density." "Gross floor area" means the total square footage of all floors of a building, including the exterior unfinished wall structure but excluding courtyards and other outdoor areas. Gross Lot or Parcel Area. See "lot area, gross." "Ground floor area" means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. Ground Sign. See "freestanding sign" in sign definitions, Section 9.160.120. "Guest house" means a detached unit which has sleeping and sanitary facilities, which may include full bathroom and/or kitchen or cooking facilities, but ne ^^^long faeiIi . and which is used primarily for sleeping purposes by members of the family occupying the main building, their nonpaying guests, and domestic employees. 44 176 of 206 Habitable Area. See "livable floor area." "Habitable room" means any room usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A room designed and used only for storage purposes is not a habitable room. "Hazardous waste" means a waste or combination of wastes which, because of its quantity, concentration, toxicity, corrosiveness, mutagenicity or flammability, or its physical, chemical or infectious characteristics, may: (1) cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or (2) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed. Home for the Aged. See "convalescent home." "Home occupation" means an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property. See Section 9.60.110. "Hospital" means a facility licensed by the State Department of Health Services providing clinical, temporary or emergency service of a medical, obstetrical, surgical or mental health nature to human patients. "Hotel" means any building or portion thereof with access provided through a common entrance, lobby or hallway to guest rooms which are rented on a daily or weekly basis and which has cooking facilities in less than twenty-five percent of the guest rooms. Identification Sign. See sign definitions, Section 9.160.120. "Industrial park," "business park" or "office park" means a nonresidential development wherein the permitted uses are planned, developed, managed and maintained as a unit, with landscaping, amenities, and common offstreet parking provided to serve all uses on the property. "Intensity" means the level of development or activity associated with a land use, as measured by one or more of the following: 1. The amount of parking required for the use per Chapter 9.150. 2. The operational characteristics of the use such as hours of operation, the inclusion of dancing or live entertainment as part of the use, or similar characteristics. 3. The floor area occupied by the use. 4. The percentage of the building site occupied by the use or by the structure containing the use. Interior Lot Line. See definitions under "lot line." "Kennel or animal shelter" means any property where four or more dogs are kept or maintained for any purpose except for treatment at pet grooming services or veterinary clinics or hospitals. "Kitchen" means any room all or part of which is designed and/or used for the cooking or other preparation of food. Land Use. See "use." Land Use Intensity. See "intensity." Landfill, Sanitary. "Sanitary landfill" means an area designed and used for the disposal of solid waste on land by spreading it in layers, compacting it and covering it daily with soil or other approved cover material. Laundry Plant. See "cleaning plant or laundry plant." 45 177 of 206 "Livable floor area" means the interior area of a dwelling unit which may be occupied for living purposes by humans, including basements and attics (if permitted). Livable floor area does not include a garage or any accessory structure. "Live entertainment" means any act, play, revue, pantomime, scene, dance or song, or any combination of the foregoing performed in person by one or more persons whether or not they are compensated for their performance. Living Area. See "livable floor area." Lodginghouse. See "boardinghouse." "Lot" means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance, or lot line adjustment. The terms "lot" and "parcel" are interchangeable for purposes of this code. Types of lots and their definitions are as follows: 1. "Corner lot" means a lot abutting two streets intersecting at an angle of not more than one hundred thirty-five degrees. If the angle of intersection is more than one hundred thirty-five degrees, the lot is an "interior lot." 2. "Flag or panhandle lot" means a lot connected to the street with a narrow access portion less than forty feet wide and more than twenty feet long and situated so that another lot is located between the main portion of the flag lot and the street. a RA9 YPa w a .iaF ` aQY l04 rr woo aea.ar ,.Odom STMWr i of Ttirpes and Lot Lanes 3. "Interior lot" means a lot abutting only one street or abutting two streets which intersect at an angle greater than one hundred thirty-five degrees. 4. "Key lot" means a lot with a side lot line that abuts the rear lot line of one or more adjoining lots. 5. "Reverse corner lot" means a corner lot, the rear of which abuts the side of another lot. 6. "Through lot" means a lot with frontage on two parallel or approximately parallel streets. "Lot area" means the horizontal land area within a lot expressed in square feet, acres, or other area measurement. "Lot coverage" or "building site coverage" means the cumulative ground floor area of the structures on a lot expressed as a percentage of the net lot area. For purposes of this definition, "ground floor area" means all enclosed area within the ground floor of a structure, including exterior walls and mechanical spaces. Carports, garages, accessory buildings and 46 178 of 206 parking structures are included in ground floor area but swimming pools and unenclosed post -supported roofs over patios and walkways are not included. "Lot frontage" means the length of the front lot line. "Lot line or property line" means any boundary of a lot. The classifications of lot lines and their definitions are as follows: 1. "Front lot line" means the following: a. On an interior lot, the line separating the lot from the street; b. On a corner lot, the shorter line abutting a street. (If the lot lines are equal or approximately equal, the director shall determine the front lot line); C. On a through lot, the lot line abutting the street providing primary access to the lot. 2. "Interior lot line" means any lot line not abutting a street. 3. "Rear lot line" means a lot line which does not intersect the front lot line and which is most distant from and most parallel to the front lot line. In the case of an irregularly -shaped lot or a lot bounded by only three lot lines, the rear lot line is a ten -foot long line parallel to and most distant from the front lot line for the purposes of determining setbacks and other provisions of this code. 4. "Side lot line" means any lot line which is not a front or rear lot line. "Lowest floor" means, with regard to flood protection, the lowest floor of the lowest enclosed area, including a basement or cellar. An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable design requirements of the FP floodplain district, Section 9.140.030. "Manufactured home" means a residential building transportable in one or more sections which has been certified under the National Manufactured Housing Construction and Safety Standards Act of 1974. "Master plan of arterial highways" means a component of the circulation element of the city's general plan designating adopted and proposed routes for all commuter, secondary, primary and major highways within the city. "Master plan of drainage" means an engineering report outlining the drainage facilities needed for the proper development of the city. "Median" means a paved or planted area separating a street or highway into opposite - direction travel lanes. Medical Clinic. See "clinic, medical." "Ministorage facility" means a building containing various size storage compartments not exceeding five hundred square feet each, wherein each compartment is offered for rent or lease to the general public for the private storage of materials excluding materials sold at the facility or delivered directly to customers. Minor Use Permit. See "use permit." Mobilehome.See "manufactured home." "Mobilehome park or mobilehome development" means any area or tract of land used to accommodate mobilehomes for human habitation, including pads for mobilehomes, clubhouses, recreation facilities, and other ancillary structures and facilities. The term includes mobilehome parks and mobilehome subdivisions. See Section 9.60.180. Modular Home. See "manufactured home." Monument Sign. See sign definitions, Section 9.160.120. 47 179 of 206 "Motel" means a building or group of buildings containing guest rooms rented on a weekly basis or less, with cooking facilities in less than twenty-five percent of the guest rooms and with most or all guest rooms gaining access from an exterior walkway. Multifamily Dwelling or Residence. See "dwelling, multifamily." "Net site area" or "net lot area" means the total land area within the boundaries of a parcel or building site after ultimate street rights -of -way and easements that prohibit the surface use of the site are deducted. "Net project area" means all of the land area included within a development project excepting those areas with before -development slopes of thirty percent or steeper and those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. "Noncommercial coach" means a vehicle, with or without motive power, designed and equipped for human occupancy for classrooms and other nonresidential and noncommercial uses. "Nonconforming use" means a land use which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, is not currently permitted in the zoning district in which it is located or is permitted only upon the approval of a use permit and no use permit has been approved. See Chapter 9.270. "Nonconforming lot" means a lot or parcel which was lawful and in conformance with the applicable zoning ordinances when established but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270. "Nonconforming structure" means a structure which was lawful and in conformance with the applicable zoning ordinances when constructed but which, due to subsequent ordinance changes, does not conform to the current development standards applicable to the zoning district in which it is located. See Chapter 9.270. "Nonconformity" means a land use, lot or structure which was lawful when established or constructed but, due to subsequent ordinance changes, is not in conformance with this zoning code. The term nonconformity does not include illegal uses, lots, or structures, i.e., which were not lawful when established or constructed. See Chapter 9.270. Nursery, Day Care. See "child day care facility." Nursing Home. See "convalescent home." Office Park. See "industrial park." Official Zoning Map. See "zoning map." "Off -site hazardous waste facility" means any structures, other appurtenances or improvements on land and all contiguous land serving more than one producer of hazardous waste, used for the treatment, transfer, storage, resource recovery, disposal or recycling of hazardous waste, including but not limited to: 1 . Incineration facilities (i.e., rotary kiln, fluid bed, etc.); 2. Residual repository (i.e., receiving only residuals from hazardous waste treatment facilities); 3. Stabilization/solidification facilities; 4. Chemical oxidation facilities; 5. Neutralization/precipitation facilities; or 6. Transfer/storage facilities. 48 180 of 206 "Open space" means any parcel or area of land or water, public or private, which is reserved for the purpose of preserving natural resources, for the protection of valuable environmental features, or for providing outdoor recreation or education. Open space does not include roads, driveways or parking areas not related to recreational uses, any buildings, building setback areas or the required space between buildings, or surface utility facilities. Open Space, Usable. "Usable open space" means open space which is predominately level (i.e., slopes less than five percent) but which may contain some steeper land (i.e., with slopes up to twenty percent) which has utility for picnicking or passive recreation activities and which complements surrounding usable open space. Usable open space is a minimum of fifteen feet in width and three hundred square feet in area and may include structures and impervious surfaces such as tot lots, swimming pools, basketball courts, tennis courts, picnic facilities, walkways or bicycle trails. Outdoor Advertising Sign. See "billboard" in sign definitions, Section 9.160.120. "Parcel" means an area of land under one ownership which is identified as a lot or parcel on a recorded final map, parcel map, record of survey recorded pursuant to an approved division of land, certificate of compliance or lot line adjustment. The terms "lot" and "parcel" are interchangeable for purposes of this code. Panhandle Lot or Flag Lot. See definitions under "lot." "Parking accessway" means a vehicular passageway that provides access and circulation from a street access point into and through a parking lot to parking aisles and between parking areas. "Parking structure" means a structure which is open or enclosed and is used for the parking of motor vehicles. "Parkway" means the area of a public street that lies between the curb and the adjacent property line or physical boundary, such as a fence or wall, which is used for landscaping and/or passive open space. Patio Home. See "dwelling, patio home." "Permitted use" means a land use allowed within a zoning district under this zoning code and subject to the applicable provisions of this code. "Person" means any individual, firm, copartnership, joint venture, association, social club, fraternal organization, company, joint stock association, corporation, estate, trust, organization, business, receiver, syndicate, public agency, the state of California or its political subdivisions or instrumentalities, or any other group or combination acting as a unit. "Person with a disability" is a person with a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such an impairment, or anvone who has a record of such an impairment. "Planned unit development" means a residential, commercial, office, industrial or other type of development characterized by comprehensive planning for the entire project, the clustering of buildings to preserve open space and natural features, and provision for the maintenance and use of open space and other facilities held in common by the property owners within the project. Pole Sign. See sign definitions, Section 9.160.120. Portable Sign. See sign definitions, Section 9.160.120. "Precise plan" or "precise plan of development" means the plan or plans for a project, development or other entitlement approved by the decision -making authority. A precise plan 49 181 of 206 may include site, grading, architecture, landscaping plans and may also include a plan text describing the project design, development phasing, and other characteristics. "Precise plan of highway alignment" means a plan, supplementary to the master plan of arterial highways, which establishes the highway centerline and the ultimate right-of-way lines and may establish building setback lines. Primary Residence. See "main dwelling." "Principal use" means the primary or predominant use of any parcel, building site or structure. "Project area" means all of the land area included within a development project excepting those areas designated for public and private road rights -of -way, schools, public parks, and other uses or easements which preclude the use of the land therein as part of the development project. (See also "net project area.") Projecting Sign. See sign definitions, Section 9.160.120. "Property line" means a lot line or parcel boundary. "Public agency" means the United States, the state, the county or any city within the county, or any political subdivision or agency thereof. Rear Lot Line. See definitions under "lot line." "Reasonable accommodation" means the process of providing flexibility in the application of land use, zoning, and building regulations, practices, and procedures to eliminate barriers to housina oDDortunities for Dersons with disabilities. "Recreational vehicle" or "RW means all trailers or any vehicle placed on a trailer such as a boat, watercraft, or other vehicle, plus any vehicle designed and used for temporary habitation, including motorhomes, travel trailers, "5th wheels" and camper shells. "Recycling" means the process by which waste products are reduced to raw materials and transformed into new products. Relocatable Building. See "building, relocatable." "Residential care facility" or "community care facility" means a residential facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer of the following: wards of the juvenile court, elderly persons, mentally disordered persons, handicapped persons or dependent and neglected children. Such a facility is permitted in all types of residences by operation of state law. (See also "congregate living facility.") Residential, Multifamily. See "dwelling, multifamily." Residential, Single -Family. See "dwelling, single-family." "Restaurant" means any use providing for the preparation, retail sale and consumption on site of food and beverages. Restaurants include, but are not limited to, cafes, coffee shops, sandwich shops, ice cream parlors, fast food take-out and drive -through stores, bars, cocktail lounges and places of business with similar uses. If any seating is provided in conjunction with a store where there is the preparation and retail sale of food and beverages, that use shall be classified as a restaurant. The term "restaurant" may include the licensed sale of alcoholic beverages for consumption on the premises. Restaurant, Drive -Through. "Drive -through restaurant" means a restaurant with one or more automobile lanes which allow for the ordering and dispensing of food and beverages to patrons who remain in their vehicles. Rest Home. See "convalescent home." "Retail" means the selling of goods or merchandise directly to the ultimate consumer. 50 182 of 206 "Reverse vending machine" means a machine which accepts recyclable materials, such as aluminum cans, newspapers, or other materials, from the public and dispenses money in return. "Riding and hiking trail" means a trail or way designed for and used by equestrians, pedestrians and cyclists using nonmotorized bicycles. "Right-of-way" means the entire width of property used for streets, highways, flood or drainage works, overhead or underground utilities, or any related improvements. Roof Sign. See sign definitions, Section 9.160.120. Roominghouse. See "boardinghouse." "Satellite dish antenna" means an apparatus capable of receiving communications from a man-made satellite. "Scenic highway" means any highway designated a scenic and/or historic highway by an agency of the city, state or federal government. "Second residential unit," "second dwelling unit" or "second unit" means a secondary dwelling unit which is not intended for sale but may be rented and which is located on a building site containing a preexisting single-family detached dwelling. The floor area of an attached second unit does not exceed thirty percent of the existing floor area of the primary single-family residence and the floor area of a detached second unit does not exceed one thousand two hundred square feet. (See also "granny flat.") "Section" means a portion of this zoning code beginning immediately after a six- or seven -digit number beginning with 9., e.g., 9.10.010 or 9.280.030, and extending to the next such six- or seven -digit number. (See also "subsection.") "Senior citizen" means a person fifty-five years of age or older. "Senior citizen residence" means a residential care facility which is licensed by the state to provide living and treatment facilities on a monthly or longer basis for six or fewer senior citizens. "Senior group housing" means a residential development which is developed or substantially renovated for and occupied by seven or more senior citizens. (Includes senior citizen hotels, retirement hotels and senior citizen apartments.) "Service" means an act or any result of useful labor which does not in itself produce a tangible commodity. Service Station. See "gas station." "Setback" means the distance that a building or other structure or a parking lot or other facility must be located from a lot line, property line or other specified boundary. Sexually Oriented Business. See Chapter 5.80 of the municipal code. "Shopping center" or "commercial center" means a commercial area or group of commercial establishments, planned, developed, managed and maintained as a unit, with common landscaping, amenities, and offstreet parking provided to serve all uses on the property. Side Lot Line. See definitions under "lot line." "Sidewalk sale" or "parking lot sale" means the temporary outdoor display and sale of merchandise which is normally displayed indoors at the location of an individual retail business not located within a shopping center. (See also "special commercial event.") "Sign" means any medium for visual communication, including but not limited to words, symbols and illustrations together with all parts, materials, frame and background, which medium is used or intended to be used to attract attention to, identify, or advertise an 51 183 of 206 establishment, product, service, activity or location, or to provide information. Also, see sign definitions, Section 9.160.130. Single -Family Dwelling or Residence. See "dwelling, single-family." "Single room occupancy (SRO) facility" or "SRO hotel" means a residential facility which is rented on a weekly or longer basis and which provides living and sleeping facilities for one or two persons per unit. Each unit contains a toilet and sink. Shower, kitchen, and laundry facilities may be shared. Site. See "building site." Site Area, Net. See "net project or site area." Site Coverage. See "building site coverage." Site Development Permit or Development Permit. See Section 9.210.010. "Slope" or "slope gradient" means the vertical distance between two points on a slope divided by the horizontal distance between the same two points, with the result expressed as a percentage; e.g., "the slope has a twenty percent gradient" (usually used to describe natural as opposed to manufactured, slopes). "Slope ratio" means the steepness of a slope expressed as a ratio of horizontal distance to the vertical rise over that horizontal distance; e.g., 2:1 (usually used to describe manufactured as opposed to natural, slopes). "Special commercial event" means the temporary outdoor display and sale of merchandise by two or more tenants within a commercial center, or arts and crafts shows, fairs, or entertainment events within a commercial center. (See also "sidewalk sale.") "Specific plan" means a plan consisting of text, maps and other documents and exhibits regulating development within a defined area of the city, consistent with the general plan and State Government Code Section 65450 et seq. "Stock cooperative" means a corporation which is formed primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, if all or substantially all of the shareholders of such corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation, which right of occupancy is transferable only concurrently with the transfer of the shares of stock or membership certificate in the corporation held by the person having such right of occupancy. "Storage" means a place where goods, materials, and/or personal property is placed for more than twenty-four hours. "Story" means that portion of a building included between the surface of any floor and the surface of the floor immediately above it or if there is no floor above, then the space between the floor and the ceiling above it. "Street" means a public or private vehicular right-of-way other than an alley or driveway, including both local streets and arterial highways. "Structure" means anything that is erected or constructed having a fixed location on the ground or attachment to something on the ground and which extends more than thirty inches above the finish grade. A mobilehome or relocatable building, except when used as a temporary use with its weight resting at least partially upon its tires, is a structure for the purposes of this definition. "Subsection" means a portion of a section of this zoning code designated by a section number followed immediately by an upper case letter; for example, subsection 9.10.010A. (See also "section.") 52 184 of 206 "Supportive Housing" means housing with no limit on length of stay, that is occupied by the target population as defined in subdivision (d) of Section 53260 of the Health and Safety Code 50675.14(b) and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. ("target population" includes adults with low income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people.) "Swimming pool" means an artificial body of water having a depth in excess of eighteen inches, designed, constructed and used for swimming, dipping or immersion purposes by humans. "Temporary use" means a land use established for a specified period of time, which use is discontinued at the end of such specified time. Townhome. See "dwelling, townhome." "Transient basis" means for a continuous period of two weeks or less. "Transitional Housing" is buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months. "Transitional shelter" means a shelter for homeless persons or victims of domestic abuse which provides accommodations for persons on a transient basis, i.e., for a continuous period of two weeks or less. Two -Unit Attached Dwelling. See "dwelling, two -unit attached." "Ultimate right-of-way" means the right-of-way shown as ultimate on an adopted precise plan of highway alignment or the street right-of-way shown within the boundary of a recorded tract map, a recorded parcel map or a recorded planned community development plan. The latest adopted or recorded document in such cases shall take precedence. If none of these exist, the ultimate right-of-way is the right-of-way required by the highway classification as shown in the general plan. "Use or land use" means the purpose for which a structure or land is occupied, arranged, designed or intended, or for which either a structure or land is or may be occupied or maintained. "Use permit" means a discretionary entitlement under the provisions of this zoning code which authorizes a specific use or development on a specific property subject to compliance with all terms and conditions imposed on the entitlement. Uses requiring a conditional use permit have moderate to significant potential for adverse impacts on surrounding properties, or residents while uses requiring a minor use permit have low to moderate potential for adverse impacts on surrounding properties, residents, or businesses. See Section 9.210.020. Variance. See Section 9.210.030. "Vehicular accessway" means a private, nonexclusive vehicular easement affording access to abutting properties. 53 185 of 206 "Veterinary clinic" means a place where animals no larger than the largest breed of dogs are given medical and surgical treatment, primarily on an outpatient basis, and where the boarding of animals under treatment is incidental to the principal clinic use. Wall Sign. See "building -mounted sign" in sign definitions, Section 9.160.120. "Wing wall" means an architectural feature in excess of six feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building. "Yard" means an open space on a parcel of land or building site unobstructed and unoccupied from the ground upward except for wall projections permitted by this code. Yards are classified as follows: 1 . Front yard means a yard extending across the full width of the lot between the front lot line or the ultimate street right-of-way line and a setback line within the lot. The depth of the front yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety -degree angle to whichever of the following results in the greatest setback: the front lot line or its tangent or the ultimate street right-of-way or its tangent. TYPE111 OF WORM 2. Rear yard means a yard extending across the full width of the lot between the rear lot line and a setback line within the lot. The depth of the rear yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety -degree angle to whichever of the following results in the greatest setback: the rear lot line or its tangent or the ultimate street right-of-way or its tangent. 3. Side yard means a yard extending from the front setback line to the rear setback line. The depth of the side yard is equal to the setback established in the development standards for the applicable zoning district and is measured along a line drawn at a ninety -degree angle to whichever of the following results in the greatest setback: the side lot line or its tangent or the ultimate street right-of-way or its tangent. "Zoning code" or "code" means the zoning code of the city, i.e., Title 9 of the city of La Quinta Municipal Code, including the official zoning map and other maps and graphics incorporated in the zoning code text or included therein by reference. "Zoning district" or "district" means an area of the city designated on the official zoning map and subject to a uniform set of permitted land uses and development standards. "Zoning map" or "official zoning map" means a map incorporated into this code by reference which covers the entire land area of the city and is divided into zoning districts for the purpose of specifying for each such land area the uses permitted, development 54 186 of 206 standards required, and other applicable provisions of this code. (Ord. 489 § 1, 201 1; Ord. 325 § 1 (Exh. A), 1998; Ord. 284 § 1 (Exh. A), 1996) 55 187 of 206 PLANNING COMMISSION RESOLUTION 2013 - AMENDMENTS TO THE LA QUINTA ZONING MAP APPLYING AN AFFORDABLE HOUSING OVERLAY ZONE (AHO) TO ALL COMMERCIAL PROPERTIES ZONED NEIGHBORHOOD COMMERCIAL (NC); COMMUNITY COMMERCIAL (CC); REGIONAL COMMERCIAL (RC); COMMERCIAL PARK (CP); AND VILLAGE COMMERCIAL (VC), AND OTHER SPECIFIC SITES ALONG WITH OTHER CHANGES IDENTIFIED IN THE 2008 LA QUINTA HOUSING ELEMENT CASE: ZONE CHANGE 2013-143 APPLICANT: CITY OF LA QUINTA WHEREAS, the Planning Commission of the City of La Quinta, California did, on the 141" day of May, 2013, hold a duly noticed public hearing to consider a City —initiated request to consider a change in zoning, to affect multiple properties, including the addition of an Affordable Housing Overlay to all CN, CC, CP, CR and VC zoned properties; and, WHEREAS, the La Quinta Community Development Department has determined that the proposed code amendments and zone changes are exempt from further environmental review under the California Environmental Quality Act of 1970 (CEQA). An Initial Study was conducted under Environmental Assessment 2008-599 (SCH #2009091037) for the 2008 Housing Element Update, and a Negative Declaration was certified by the La Quinta City Council on August 2, 2011 (Res. #201 1-072). No changed circumstances or conditions exist which would trigger the preparation of any subsequent environmental analysis, pursuant to Public Resources Code Section 21 166.; and, WHEREAS, the La Quinta City Council adopted the 2035 General Plan Update on February 19, 2013, to guide development throughout the City, and maintains a Zoning Ordinance to implement the vision set forth in the General Plan; and WHEREAS, said General Plan adoption incorporated the City of La Quinta's Housing Element, as adopted by the La Quinta City Council on August 2, 2011 ; and WHEREAS, the La Quinta General Plan's Housing Element includes several program objectives related to rezoning and zoning code amendment actions necessary to accommodate state -mandated affordable housing requirements; and 188 of 206 Planning Commission Resolution 2013 - Zone Change 2012-143 May 14, 2013 WHEREAS, Section 65860(a) of the California Government Code requires that zoning be consistent with the adopted local General Plan; and WHEREAS, a public hearing notice was published in the The Desert Sun newspaper on May 3`d, 2013 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 Zone Change: Finding 1 : Consistency with General Plan The zone change is consistent with the goals, objectives and policies of the La Quinta General Plan, as the purpose and intent of the zone change is to bring the Official Zoning Map into compliance with the La Quinta General Plan Housing Element. Finding 2: Public Welfare Approval of the zone change will not create conditions materially detrimental to the public health, safety and general welfare in that the proposed change will not result in a substantial change to an existing recreational area, will not result in the loss of existing wildlife habitat, nor will it have an effect on the conditions of the existing surrounding neighborhood. The proposed zone change will not result in any changed conditions on or to any of the affected parcels or their physical environment, and will therefore have no effect on the health, safety, and welfare of the community or the surrounding natural environment. Finding 3: Land Use Compatibility The zone change is compatible with the zoning on adjacent properties, as the intended uses for affordable residential housing on the affected sites were considered during the land inventory review process conducted during preparation and adoption of the La Quinta General Plan Housing Element. The zone change will bring the property into conformance with La Quinta General Plan Housing Element and will have no significant effect on adjacent land uses, existing or proposed. Finding 4: Property Suitability The zone change is suitable and appropriate for the subject property, in that the rezoning of the affected properties does not change land use designations, as contemplated under the La Quinta General Plan. Further, the land use designations under the 2035 La Quinta General Plan Update were not significantly altered from 189 of 206 Planning Commission Resolution 2013 - Zone Change 2012-143 May 14, 2013 the 2002 La Quinta General Plan, which it replaced. Finding 5: Changes in Circumstance Approval of the zone change is warranted because the situation and the general conditions of the property have substantially changed since the existing zoning was imposed. The relatively recent adoptions of the La Quinta General Plan, and it's Housing Element, have set forth several new programs and objectives established to promote affordable housing. This situation has prompted the need for the subject rezonings in order to maintain consistency with the General Plan and the Housing Element program provisions. Finding of CEQA Compliance The Zoning Ordinance Amendment has been determined to be exempt from the California Environmental Quality Act in that the proposed changes are within the scope of a previously adopted environmental document Environmental Assessment 2008-599 (SCH #2009091037). NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and correct and constitute the findings of the Planning Commission. SECTION 2. That it does hereby recommend to the City Council approval of Zone Change 2012-143 for the reasons set forth in this Resolution. PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta Planning Commission held on this 141" day of May, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 190 of 206 Planning Commission Resolution 2013 - Zone Change 2012-143 May 14, 2013 ATTEST: LES JOHNSON, Community Development Director City of La Quinta, California KATIE BARROWS, Chairperson City of La Quinta, California 191 of 206 Site U-1: LDR/RL to MDR/ik r••—tip Side U=-ieDR/RL td MDf7/RM ,5 a ■ ATTACH M E N1 k: MDR/RM to MHDR/RMH I I I I i /// I / Site U-4; VLDR/RL t ;MDR/RM I i I I j I r r I I I I I 1 I I ■ • I I I I■ ■ r I I r i j I Site 2: LDR/RL to MDR/RM I ■ r ............................... : I r- I j r-.—.._..--- . j b I j I j L_.._........ ...... Zone Change 2013-143j� Proposed Affordable Housing Overlay -, Proposed Underlying Zoning Changes May 2, 2013 City of La Quinta Planning Division #1 ATTACHMENT # 2 Page I of 1 r h i���� ti• �.e� t .. 1U ° LLA1WLAO r..., ar:�l.'. •. •! ,i' � � � •Pir w,y / - �Fia t'Ac � .. .{ �,� NI '' ' /* •Xis' ]� ♦ ¢ "' � •w<^.i '.+ :: '� • y } S j�, � �'�' �• , < 4 e � � E � �� ar • R r A .r �r ��.it � e•� ����s�7, �f Yn `�y��y 'icy tNOi.. A ogy,10ML O II FjoU Ae,bLCamlyngq atW+ Y'*10A tn. C49AM41 DS& 0l W Wi g odK t► Housing Element Site 2 .4 5ooft MG La Quinta - RL to RM N CityGIS Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. http://maps.digitalmapcentral.com/production/citygis/vO7_O3_001/index.p7.aspx 3/12/2013 193 of 206 ATTACHMENT # 3 IPA jp r t : ;i«fin f-!n,�t � � , '1 �+ "' 1 V .;a � -��►, ,oyr�n Cn�i15. EaA5t;4b`' C.away,rl7►'ahA/.7�k,�uhr�. C ras+a.m.2+ DAM -(- Housing Element Site U 1 fi 400 ft UHC - RL to RM N CityGIS Page 1 of 1 Copyright O 2006 AN Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. http://maps.digitaimapcentral.com/production/citygis/vO7_03_001/index.p7.aspx 3/11/2013 194 of 206 ATTACHMENT # 4 Page 1 of 1 f All f' a r: w i i y'�N4�i13.F�kAr«1Nd.CortyANn�aisu.7eNrozbti.Crslamarp�fl.ilNg4olrGa�pviacto '� Y���' Housing Element Site U2 400It Darby Land - RL to RM CityGIS Copyright ® 2006 AN Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved emept as licensed by Digital Map Products. http://maps.digitalmapeentral.comlproduction/citygislv07_03_001/index.p7.aspx 3/11/2013 195 of 206 ATTACHMENT # 5 Housing Element Site U4 1 293 It Price's Nursery RL to RM N CityGIS Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. http://maps.digitatmapcentral.com/production/citygis/v07_O3_001 /index.p7. aspx 3/11 /2013 196 of 206 ATTACHMENT # 6 Page 1 of 1 ..I �1 1, `,� �' _ L44"-.JJJ1ii � r.• , .. - 4 �. �L�CY n WIT: low LA �► _" � ; � ire.. • f � { ONO , 11 r }r k" IJ. ; 'coyri�'44201�L�kRaIaI.C4r�yi4ppakar..TaYaNln.Cruums.• Oya. R�.lsl Wto p�•adkts • . � . . Housing Element Sites U 8a-k f 400 ft lv CityGIS Multiple owners - RM to RMH Copyright ©2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under tcense and may not be approved except as licensed by Digital Map Products. http://maps.digitaimapceritral.com/production/citygis/vO7 03_001/index.p7.aspx 3/ 12/2013 197 of 206 PLANNING COMMISSION STAFF REPORT DATE: MAY 14, 2013 CASE NO.: ZONING ORDINANCE AMENDMENT 2013-113 APPLICANT: CITY OF LA QUINTA PH # 4 REQUEST: CONSIDERATION OF CERTAIN AMENDMENTS TO TITLE 9, CHAPTER 9.60 OF THE LA QUINTA MUNICIPAL CODE: RELATED TO ADDITION OF SECTION 9.60.115, ESTABLISHING PROCEDURAL AND OPERATIONAL PROVISIONS FOR COTTAGE FOOD OPERATIONS WITHIN RESIDENTIAL ZONING DISTRICTS LOCATION: CITY WIDE ENVIRONMENTAL DETERMINATION: THE LA QUINTA COMMUNITY DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THE PROPOSED AMENDMENT IS EXEMPT PURSUANT TO CHAPTER 2.6, SECTION 21080 OF THE PUBLIC RESOURCES CODE, CALIFORNIA ENVIRONMENTAL QUALITY ACT STATUTES, AND SECTION 15061(B)(3), REVIEW FOR EXEMPTIONS OF THE CEQA GUIDELINES. THIS DETERMINATION, ALONG WITH THE PROPOSED AMENDMENT, WILL BE CONSIDERED AT THE HEARING. RECOMMENDED ACTION: Adopt Planning Commission Resolution 2013 - , recommending that the City Council certify the environmental determination, and recommending adoption of Amendments to the La Quinta Municipal Code; Chapter 9.60, adding Section 9.60.115 to establish procedural and operational provisions for cottage food operations within residential zoning districts. EXECUTIVE SUMMARY: The proposed amendment to Chapter 9.60 is intended to bring the Municipal Code into consistency with recently enacted State legislation, pertaining to Assembly Bill 1616 (California Homemade Food Act). The new law requires that all cities and counties allow for the establishment and operation of Cottage Food Operations (CFO's) in any primary dwelling in any residential zone. Page 1 of 3 198 of 206 BACKGROUND/ANALYSIS: On September 21, 2012, the Governor signed Assembly Bill 1616 (Gatto), creating a new category of food production under the California Retail Food Code, referred to as a Cottage Food Operation (CFO). This new law became effective January 1, 2013, and essentially exempts private homes from the definition of a commercial food facility, allowing preparation, packaging and sales of specific prepared foods from any residential dwelling. Cities may not preclude CFO's and must allow for them through their zoning regulations in one of three ways: 1 . Classify CFO's as a permitted use of residential property for zoning purposes; 2. Grant a non -discretionary permit to use a residence as a CFO, in compliance with local ordinances prescribing reasonable standards, restrictions and requirements concerning spacing and concentration, traffic control, parking, and noise control; or 3. Require any CFO to apply for a permit to use a residence for its operation, through a discretionary review process before the planning agency decision authority as may be specified by local ordinance. CFO's present several concerns, primarily related to traffic and parking. For example, the AB 1616 legislation allows CFO's to engage in direct sales to customers from the CFO. It also allows one full-time equivalent employee, not including a family or household member, to work at the CFO. Staff has based compliance with the provisions of AB 1616 on allowing CFO's through the Minor Use Permit (MUP) process under Option 2 above, intended to be similar to the Home Occupation permit process. That decision was based on several factors, including the ability to restrict direct sales to customers coming to the home, minimizing the permit costs to CFO operators, and allowing for the adequate regulation of CFO's in a residential setting. Exhibit A of the proposed Planning Commission Resolution contains the proposed language to add provisions for CFO's to the Title 9 (Zoning), Chapter 9.60 of the La Quinta Municipal Code. The key elements of this code revision are briefly discussed below: • Section 9.60.1 15.B - Definitions: This subsection primarily references the state Health and Safety Code (H&SC), as it contains numerous definitions related to CFO's. However, a few key definitions have been provided here. • Sections 9.60.115.0 — Decision -Making Authority: This subsection is intended to state the ministerial nature of the permit, as it must meet specified criteria. The permit will be reviewed administratively by the Community Development Director. Page 2 of 3 199 of 206 • Section 9.60.115.D — Permit Required and Compliance with Permit: This subsection states that a CFO is permitted in any residential district, and specifies the application process and general criteria to be met in applying for a permit for a CFO. Subsection 3 is provided to require tenants with CFO's to submit property owner authorization, and CFO's in active HOAs to submit their respective HOA authorization. • Section 9.60.115.E — Required Findings: This subsection specifies the findings that must be made, based on the operational standards as established, in order to grant the permit approval. These standards are intended to be 'boilerplate' and applicable to all CFO applications. In most cases they would serve as the approval conditions, or findings would be made for each standard. • Section 9.60.115.E.5 — This subsection prohibits direct sales or service from the CFO itself, including prohibition of customer pick-up and delivery of products. Although direct sales to customers coming to the home is permitted under AB 1616, allowing retail sales to customers at the home would conflict with findings that require the CFO not generate pedestrian or vehicular traffic in excess of that normally associated with residential use, and would be inconsistent with the environment of a residential neighborhood, in terms of traffic, parking, and noise, particularly considering there are no limitations to customer visits. PUBLIC NOTICE: This request was published in the Desert Sun newspaper on May 3, 2013. To date, no comments have been received. Comments were not requested from any public agencies or other City Departments, due to the scope of the amendment and perceived unlikelihood that these changes will affect any other departments or agencies. STATEMENT OF MANDATORY FINDINGS: Findings to recommend approval of the Zoning Ordinance amendments can be made and are contained in the attached Resolution. Report prepared by: Report approved for submission by: Wally Nesbit, Principal Planner Les Johnson Community Development Director Page 3 of 3 200 of 206 PLANNING COMMISSION RESOLUTION 2013 - A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT 2013-113; ADDING SECTION 9.60.115 TO TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, ESTABLISHING PROCEDURAL AND OPERATIONAL PROVISIONS FOR COTTAGE FOOD OPERATIONS WITHIN RESIDENTIAL DISTRICTS CASE NO.: ZONING ORDINANCE AMENDMENT 2013-1 13 APPLICANT: CITY OF LA QUINTA WHEREAS, the California State Legislature has adopted Assembly Bill 1616 (AB 1616, Gatto), which requires cities to allow Cottage Food Operations (CFO's), as defined by Health and Safety Code Section 113758, to operate within any residential dwelling unit; and WHEREAS, the City may regulate Cottage Food Operations by requiring them to obtain a Minor Use Permit; and WHEREAS, the City may condition the issuance of a Cottage Food Operation Minor Use Permit on "reasonable standards, restrictions, and requirements concerning the following factors: spacing and concentration, traffic control, parking, and noise control relating to those homes"; and WHEREAS, the City wishes to regulate cottage food operations through its Minor Use Permit process, subject to the provisions under AB 1616; and WHEREAS, the Planning Commission of the City of La Quinta, California, did on the 14th day of May, 2013, hold a duly noticed Public Hearing for review of a Zoning Ordinance Amendment to add Section 9.60.1 15 to Title 9 (Zoning) of the La Quinta Municipal Code as identified by Title of this Resolution; 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 201 of 206 Planning Commission Resolution 2013 - Zoning Ordinance Amendment 2013-1 13 May 14, 2013 WHEREAS, a public hearing notice was published in the Desert Sun newspaper on May 3, 2013, 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, to the City Council: The proposed Zoning Ordinance Amendment is consistent with the goals, objectives and policies of the General Plan, particularly Goal LU-1 (Land use compatibility throughout the City); Goal LU-3 (Safe and identifiable neighborhoods that provide a sense of place); Policy LU-3.1 (Encourage the preservation of neighborhood character and assure a consistent and compatible land use pattern); Goal LU-4 (Maintenance and protection of existing neighborhoods); and Goal LU-6 (A balanced and varied economic base which provides a broad range of goods and services to the City's residents and the region). 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. The amendment provides appropriate land use and zoning standards for cottage food operations to be established in residential neighborhoods, under conditions that these uses shall not alter or disturb the character of the surrounding residential environment regarding spacing and concentration, traffic control, parking, and noise control. The standards and requirements set forth in the amendment are therefore established toward ensuring protection of the public health, safety and general 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: SECTION 1. That the above recitations are true and constitute the findings of the Planning Commission in this case. SECTION 2. That the Planning Commission does hereby recommend approval of Zoning Ordinance Amendment 2013-113, as set 202 of 206 Planning Commission Resolution 2013 - Zoning Ordinance Amendment 201 3-1 1 3 May 14, 2013 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 this 14t" day of May, 2013, by the following vote: AYES: NOES: ABSENT: ABSTAIN: KATIE BARROWS, Chairwoman City of La Quinta, California ATTEST: LES JOHNSON, Planning Director City of La Quinta 203 of 206 EXHIBIT A — PLANNING COMMISSION RESOLUTION 2013 - ZOA 2013 - 113; adding Section 9.60.115, Cottage Food Operations, to Chapter 9.60 Establishing procedural and operational provisions for cottage food operations within residential zoning districts. Required under State AB 1616. 1. ADDS NEW SECTION 9.60.115: 9.60.115. Cottage food operations. A. Purpose. The City Council has adopted the following provisions to establish minimum development standards and requirements for cottage food operations, as defined in California Health and Safety Code Section 113758. By so doing, it is the City Council's intent to provide appropriate land use and zoning standards for cottage food operations to be established in residential neighborhoods, under conditions that these uses shall not alter or disturb the character of the surrounding residential environment regardingspacing spacing and concentration, traffic control, parking, and noise control. The standards and requirements set forth in this Section are therefore established toward ensuring protection of the public health, safety and general welfare. B. Definitions. For the purpose of this Section, a "cottage food operation" means an enterprise wherein an individual prepares and packagespotentially hazardous foods in a primary residential dwelling unit which serves as his or her private residence, said foods being for the direct and/or indirect sale to consumers, and that does not have more than one full-time equivalent em_plo_yee, and generates not more than: 1) $35,000 in gross annual sales in 2013; 2) $45,000 in gross annual sales in 2014; 3) $50,000.00 in gross annual sales in 2015 and beyond. 2. For the purpose of this Section, a primary residential dwelling unit means a main dwelling or primary residence, as defined in Section 9.280.030. 3. For the purpose of this Section, "not potentially hazardous foods" are defined as those foods listed in Health and Safety Code Section 114365.5, and as adopted and posted on the California Department of Public Health's Internet website. 4. All other definitions related to cottage food operations as set forth in California Health and Safety Code Section 113758 are hereby incorporated by reference, as currently enacted and as may hereafter be amended. C. Decision -Making Authori , . Cottage food operation permits shall be reviewed administratively through the Minor Use Permit application process by the Community Development Director, or his/her designee, pursuant to the requirements and standards set forth in this Section. D. Permit Required and Compliance with Permit. Cottage food operations shall be permitted in any residential zoning district with approval of a minor use permit application, in accordance with the procedure established in Section 9.210.020 and the requirements and standards set forth in Section 9.60.115.E. The permit applicant shall be the individual who conducts the cottage food operation from his or her private residential dwelling unit and is the owner of the cottage food operation. The permit shall be attached to the property address and is not transferable to another operator or address. 204 of 206 1. A minor use permit for a cottage food operation shall be granted if the application is complete and the cottage food operation complies with the requirements set forth in this Chapter, the underlyingzoning oning district, and all other Municipal Code provisions regarding spacing and concentration, traffic control, parking, and noise control. If a minor use permit for a cottage food operation is approved, conditions may be placed on the permit to mitigate or eliminate adverse impacts on surrounding properties and/or residents. Any use or activity authorized under said permit shall be in compliance with any conditions of approval shown on and/or attached to the approved permit, inclusive of the requirements of Section 9.60.115.E. Failure to comply with the applicable requirements and conditions of approval may result in revocation of the permit. 3. The permit applicant shall be the individual who conducts the cottage food operation from his or her private residential dwelling unit and is the owner of the cottage food operation. a) If the permit applicant is not the owner of the property on or in which the cottage foo operation will be conducted, the property/dwelling owner's written authorization must be provided; b) If the property on or in which the cottage food operation will be conducted is part of an active homeowners association, the permit applicant shall provide written authorization by the homeowner association to conduct the cottage food operation from the property. E. Required Findings. The findings as set forth in Section 9.210.020.F for approval of a minor use permit, shall be made if the Community Development Director determines that the standards set forth in this Section have been or will be satisfied. These standards consist of the following: 1. The cottage food operation shall be registered or permitted as a "Class A" or "Class B" operation by the Riverside County Department of Environmental Health, in accordance with Riverside County Ordinance 916 and Section 114365 of the California Health and Safety Code. Evidence of said registration or permit issuance by the County shall be provided to the Community Development Department prior to issuance of a City of La Quinta business license. 2. All cottage food operations shall require a City of La Quinta business license to be procured subsequent to, and in compliance with, approval of the minor use permit application and associated conditions of approval. 3. The cottage food operation shall be clearly incidental to the use of the structure as a dwelling unit, and shall not create dust, noise or odors in excess of that normally associated with residential use. 4. The cottage food operation shall not generate pedestrian or vehicular traffic in excess of that normally associated with residential use. 5. No direct sales or service from the residence or property on which the residence is located, is permitted. The cottage food operation shall not be the point of customer pickup or delivery of products or services, nor shall a cottage food operation create greater vehicular or pedestrian traffic than normal for the district in which it is located. 6. Where a cottage food operation is permitted in a legal non -conforming residence, the cottage food operation shall not cause any such non -conforming situation(s) to be increased. 205 of 206 7. No cottage food operation shall be conducted in any accessory structure, garage, guest house, second unit or other accessorystorage torage or living space, as may be defined in Section 9.280.030. 8. No sign(s) identifying ing the cottage food operation shall be permitted to be posted or displayed on the premises, nor on or within anything located on the premises, except as may be required by any federal, state, and/or local permittingagency. agency. Neither the dwelling no the property shall be altered to appear other than a residence, either by color, materials, construction, lighting, sounds, vibrations or other characteristics. 9. No more than one (1) cottage food employee, as defined by California Health and Safety Code Section 113758(b)(1), shall be employ the cottage food operation, not including M residingfy or household member. 10. A minor use permit issued under this Section may be revoked for any violation of this Section or of Section 114365 et seg. of the California Health and Safety Code. The city may, for inspection purposes, access the permitted area of a private home where a cottage food operation is located if the city has, on the basis of any complaint(s), reason to suspect that the cottage food operation has violated the provisions of this Section and/or California Health and Safety Code Section 114365 et seq. Furthermore, the City may also conduct routine periodic inspections to insure compliance with the provisions and conditions of the cottage food operation's minor use permit and City business license. 2. AMEND Table 9-1, Section 9.40.040: Amend Table 9-1 - Table of permitted uses, to add CFO's as permitted in all residential districts with a Minor Use Permit, as follows: Table 9-1 Permitted Uses in Residential Districts (Cont.) P = Principal use A = Accessory use C = Conditional use permit M = Minor use permit H = Home occupation permit S = Specific plan required Very Low Medium Medium -High Density Low Density Cove Density Density High Density X = Prohibited use Residential Residential Residential Residential Residential Residential Cottage Food Operations, pursuant to Section M M M M M M 9.60.115. 206 of 206