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HomeMy WebLinkAboutPC Resolution _4824- Case 5.0937- CUPRESOLUTION NO. 4824 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CASE NO. 5.0937-CUP, AN APPLICATION BY THE PALM SPRINGS TENNIS CLUB MEMBERS ASSOCIATION, FOR AN EXPANSION OF THE PALM SPRINGS TENNIS CENTER, TO INCLUDE THE ADDITION OF SEVEN NIGHT LIGHTED TENNIS COURTS AND A 576 SQUARE FOOT LOUNGE BUILDING, LOCATED 1300 BARISTO ROAD EAST, ZONE R-4, SECTION 14. WHEREAS, the Planning Commission has received a request for a Conditional Use Permit to an expansion of the Palm Springs Tennis Center, including the addition of seven night lighted tennis courts and a 576 square foot lounge building for use by the members of the Palm Springs Tennis Club Association; and WHEREAS, the Zoning Ordinance requires that tennis courts which vary from the standards established by Section 93.01.01.13, be processed through the Conditional Use Permit process and Section 94.02.00.A.2.v, which authorizes privately operated outdoor recreation centers through the Conditional Use Permit process; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for a Conditional Use Permit No. 5.0937-CUP was circulated and published in accordance with applicable law; and WHEREAS, on January 8, 2003, a public hearing on the application for a conditional use permit was held by the Planning Commission in accordance with applicable law; 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 Pursuant to CEQA, the Planning Commission finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA)_ Section 2: Pursuant to Zoning Ordinance Section 93.01.01, the Planning Commission finds that: a. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's zoning ordinance. Tennis courts may be allowed under conditional use permit approved by the Planning Commission in accordance with Sections 93.01.01.13 and 94.02.00.A.2.v which authorizes privately operated outdoor recreation centers through the Conditional Use Permit process. b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed use and improvements are desirable in that it will provide additional recreation opportunities for residents, guests and visitors. The proposed project is consistent with the objectives of the General Plan, and will not be detrimental to the existing or future permitted uses within the R-4 zone in which the proposed use is to be located. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or 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 proposed project site exceeds the minimum lot area requirements for the intended use. As such, the project site is adequate in size, shape, and area to accommodate the proposed use, including yards, setbacks, lot area, required parking, opens space and other features required. As proposed the project would be setback I'from the right of way of the future Arenas Road. The City is currently processing an application for a project, 48 @ Baristo, that includes a General Plan Amendment which, if approved, would result in the deletion of a portion of Arenas Road, between Hermosa Drive and Sunrise Way, from the General Plan Circulation Map. A traffic study which supports this General Plan Amendment has been prepared by the applicant and submitted to the City. The portion of Arenas Road proposed forvacation is directly adjacentto this project. If the General Plan Amendment is approved, the Amendment would eliminate the need for future dedication of Arenas Road right of way adjacent to this project. The General Plan designates Hermosa Drive as a Collector Street with a 60' right of way and a 30' half street right of way. The proposed project is set back 17' from the edge of the future Right of Way. The side yard setback requirements for the R4 zone is 15', therefore the tennis courts would not be located in this setback area. The Engineering Department is requesting the 30' half street dedication of Hermosa. The Planning Department recommends requiring an irrevocable offer of dedication during the period of the lease agreement. d. 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 within which the site is located. The project is located on leased land. The applicant is a tenant in a complicated land lease. The duration of the conditional use permit parallels the terms of the lease arrangement. The proposed improvements are such that they would not preclude future street improvements in accordance with the General Plan. The General Plan designates Hermosa Drive as a Collector Street with a 60' right of way and a 30' half street right of way. The Engineering Department is requesting the 30' half street dedication of Hermosa. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. All proposed conditions of approval are necessary to ensure compliance with Zoning Ordinance requirements and to ensure the public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends that the City Council approve Conditional Use Permit 5.0937- CUP, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 8' day of January, 2003. AYES: Shoenberger, Marantz, Conrad, Caffery NOES: ABSENT: Matthews ABSTENTIONS: Klatchko, Grence CITY OF PALM SPRINGS, CALIFORNIA Secretary of the planning Commission m m m