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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