HomeMy WebLinkAboutPC Resolution _4733- Case 5.0851 Tennis ClubRESOLUTION NO. 4733
OF THE PLANNING COMMISSION OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING
CASE NO.5.0851 SUBJECT TO THE CONDITIONS
STATED, FOR A CONDITIONAL USE PERMIT TO
ALLOW THE INSTALLATION OF TWENTY-FOUR
(24) LIGHTS ON SIXTEEN (16) TWENTY (20) FOOT
POLES TO MATCH EXISTING LIGHTING AT THE
TENNIS CLUB, 701 W. BARISTO ROAD. THE
PROJECT SITE IS ZONED R-G-A 8, SECTION 15.
WHEREAS, Art Cleary, representing the Tennis Club ("applicant") has filed an application with
the City pursuant to Section 9402.00 of the Zoning Ordinance, Conditional Use Permit, for the
installation of twenty four (24) lights on sixteen (16) twenty (20) foot poles to match existing
lighting at the Tennis Club, 701 W. Baristo Road, R-G-A 8, Section 15; and
WHEREAS, the applicant is requesting a Conditional Use Permit to be considered by the
Planning Commission per Section 9301.01 (B) (2) to increase the allowable height of the light
standards from eighteen (18) to twenty (20) feet and to decrease the required sixty (60) foot
setback to approximately 2.5 feet from the light standard with the tennis court abutting the
property line; and
WHEREAS, on January 10, 2001 and February 14, 2001 a public hearing on the application for
the Conditional Use Permit was held by the Planning Commission in accordance with applicable
law; and
WHEREAS, the application is categorically exempt from environmental review under CEQA
Section 15301, minor alteration of an existing facility, and therefore no environmental review is
necessary; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the Project, including but not limited to the staff
report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds as follows:
The proposed Conditional Use Permit is categorically exempt from environmental review
under CEQA Section 15301, minor alteration to an existing facility, and therefore no
environmental review is necessary; and
Section 2: Pursuant to Government Code Section 66474, the Planning Commission finds
that with the incorporation of those conditions attached in Exhibit A:
Page 2 of 3
Resolution No. 4733
Palm Springs Tennis Club
a. That the use applied for at the location set forth in the application is properly one
for which a Conditional Use Permit is authorized by this Ordinance.
The project site is located within the R-G-A 8 Zone. This zoning designation
requires the application of Section 9301.01(2) specifically relative to tennis court
lighting in the Zoning Ordinance. Provisions for the relief from the height
standard and adjacent property proximity standard is provided for in the approval
of tennis court lighting in Section 9301.01(2) through consideration of a
Conditional Use Permit by the Planning Commission.
b. That the said use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the General
Plan, and is not detrimental to existing uses or to future uses specifically
permitted in the zone in which the proposed use is to be located.
The proposed use is desirable in that it will allow the members of the Palm
Springs Tennis Club to enjoy night tennis until 9:00 p.m. The exceptions in light
height and placement in relation to adjacent properties are consistent with the
objectives of the General Plan and the Zoning Ordinance. The additional lighting,
as conditioned, will not be detrimental to existing or future uses in the area.
The removal of the hillside lighting is consistent with the goals of the General
Plan and the new lighting ordinance.
The prohibition on special events on the tennis courts at night will provide a
greater compatibility between the Tennis Club and the surrounding residential
uses.
C. That the site for the intended use is adequate in size and shape to accommodate
said use, including yards, setbacks, walls, fences, landscaping, and other
features required in order to adjust said use to those existing or permitted future
uses of land in the neighborhood.
The specific project site is comprised of three (3) existing tennis courts. The
professional quality court lighting and the location of the lighting and tennis courts
is appropriate relative to existing and future uses in the area.
d. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated by
the proposed use.
The project site is accessed by public streets which are adequate to serve the
residential neighborhood and Tennis Club within which the site is located. The
proposed lighting will not significantly intensify uses on the site or in the area.
Page 3 of 3
Resolution No. 4733
Palm Springs Tennis Club
e. That the conditions to be imposed and shown on the approved site plan are
deemed necessary to protect the public health, safety, and general welfare and
may include minor modification of the zone's property development standards.
All proposed Conditions of Approval are necessary to ensure compliance with
Zoning Ordinance requirements and to ensure public health and safety.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Conditional Use Permit No. 5.0851 subject to those conditions set
forth in Exhibit A which are to be satisfied prior to the building permit final inspection unless
otherwise specified.
ADOPTED this 1e day of February, 2001.
AYES:
Matthews, Jurasky, Mills
NOES:
Caffery, Raya
ABSTAIN:
Shoenberger, Kiatchko
ABSENT:
ATTEST:
Planning Commission Chairman
CITY OF PALM SPRINGS, CALIFORNIA
A 6:.., aA a * _,, �
Planning 06mmission Secretary
RESOLUTION NO.4733
EXHIBIT A
CUP 5.0851, 701 W. Baristo Road
February 14, 2000
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief
or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
1. The proposed development of the premises shall conform to all applicable regulations
of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes,
ordinances and resolutions which supplement the zoning district regulations.
1 a. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the City
of Palm Springs or its agents, officers or employees to attach, set aside, void or annul,
an approval of the City of Palm Springs, its legislative body, advisory agencies, or
administrative officers concerning Case 5.0851, 701 West Baristo Road. The City of
Palm Springs will promptly notify the applicant of any such claim, action, or
proceeding against the City of Palm Springs and the applicant will either undertake
defense of the matter and pay the City's associated legal costs or will advance funds
to pay for defense of the matter by the City Attomey. If the City of Palm Springs fails
to promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be responsible to
defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the indemnification herein,
except, the City's decision to settle or abandon a matter following an adverse
judgement or failure to appeal, shall not cause a waiver of the indemnification rights
herein.
2. Architectural approval shall be valid for a period of two (2) years. Extensions of time
may be granted by the Planning Commission upon demonstration of good cause.
3. The appeal period for the CUP 5.0851 application is 15 calendar days from the date
of project approval. Permits will not be issued until the appeal period has concluded.
4. The final design and location of lights is to be reviewed and approved by the Director
of Planning and Building.
a. The proposed lighting for all tennis courts shall be on a timer
whereupon the lights will turn off automatically when not in use.
5. The permitted hours of operation of all tennis court lights shall be from sunset to 9:00
PM.
6. There shall be no evening special events on any of the tennis courts.
7. There shall be no night time tournaments on tennis courts 7, 8, and 9.
8. All tennis court lights must be retrofitted with the light shields recommended by the
International Dark Skies Association.
9. The tennis courts shall be reserved in numerical sequence to minimize the use of
courts seven (7), eight (8) and nine (9) where there is the closest proximity to the
dwellings. The electrical system shall be designed and installed to allow use of tennis
courts in numerical sequencing with Court 1 being first and Court 9 being utilized last.
All tennis court lights (1-9) shall be turned off when not in use. The electric plan
showing controllers and sequencing shall be on the plans prior to issuance of electric
permits.
10. All four (4) of the building mounted "all direction" security lights shall be removed. All
of the "all direction" security lights in the carport areas shall be removed.
Replacement lighting shall be subject to approval by the Director of Planning &
Building.
11. The nine (9) existing flood lights located behind the clubhouse shall be turned off at
9:00. Any smaller remaining lights shall be retrofitted with light screens so that no
light is projected higher than the height of the adjoining building (approximately fifteen
(15) feet up the mountain). The final result of the light screening shall be subject to
approval by the Director of Planning and Building.
12. That the Tennis Club shall post and provide phone numbers for Tennis Club Security
so that any loud, boisterous, or other activities which cause a disturbance can be
responded to. The Tennis Club shall ensure that such behavior and activities do not
disturb surrounding residences.
13. That upgraded tennis court screen mesh shall be installed on the perimeter of courts
7, 8. and 9. A 90-95 percent opaque mesh screen shall be utilized.
14. That tennis court lights (actual bulbs) shall be rotated so that new lamps are installed
on tennis courts 1-6 and that used lamps from courts 1-6 shall be installed on courts
7,8,and 9.
POLICE DEPARTMENT:
15. Developer shall comply with Section It of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT:
16. Prior to any construction on -site, all appropriate permits must be secured.
FIRE: None
ENGINEERING: None